Oxnard Police Department

Oxnard PD Policy Manual

CHIEF’S PREFACE
Policing involves a special trust given to us by the public to uphold and enforce the law. As servants
of the public, policing entails and requires us to have thousands of interactions with the public
and the community we serve. Often times these contacts are during times of crisis and distress
and can unfold rapidly and in unforeseen directions. This manual cannot predict every aspect of
policing, nor can it reasonably anticipate all the potential situations that might be encountered by
employees of this Department. This manual does establish a framework of rules and expected
performance for all department members in order for us to complete our Mission: Protecting our
Community with Exceptional Service.
Each employee is equally important and plays an essential role in our effort and measurement of
our accomplishments. Policing in the City of Oxnard involves a partnership with the community.
As a partner in the community, all employees will work cooperatively with both members of the
Department and the community. Jointly we will work to identify and prioritize problems within the
agency and the community to develop solutions to problems of mutual concern. In interacting
with one another and with the public, we will be professional and consider how our conduct may
impact others.
All employees are required to familiarize themselves with the directives in this manual and when
necessary, seek guidance and clarification from a supervisor, first. If there is a question of
the interpretation of this manual, that interpretation rests with the Chief of Police. It is strongly
encouraged that if there are recommendations for constructive changes to improve efficiency and
effectiveness of our service, employees will submit those recommendations. This manual will be
updated as necessary to reflect changes in the law, personnel responsibilities, and Department
goals and objectives.
As the Chief of Police, I am most proud of our Department and every member of our agency.
Each and every day our employees act with professionalism and dedication that often times goes
unnoticed. With our commitment to continuous improvement, I look forward to making our agency
better tomorrow, than it is today.
Scott Whitney, Chief of Police

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LAW ENFORCEMENT CODE OF ETHICS

As a law enforcement officer, my fundamental duty is to serve the community; to safeguard
lives and property; to protect the innocent against deception, the weak against oppression or
intimidation and the peaceful against violence or disorder; and to respect the constitutional rights
of all to liberty, equality and justice.
I will keep my private life unsullied as an example to all and will behave in a manner that does
not bring discredit to me or to my agency. I will maintain courageous calm in the face of danger,
scorn or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest
in thought and deed both in my personal and official life, I will be exemplary in obeying the law
and the regulations of my department. Whatever I see or hear of a confidential nature or that is
confided to me in my official capacity will be kept ever secret unless revelation is necessary in
the performance of my duty.
I will never act officiously or permit personal feelings, prejudices, political beliefs, aspirations,
animosities or friendships to influence my decisions. With no compromise for crime and with
relentless prosecution of criminals, I will enforce the law courteously and appropriately without
fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting
gratuities.
I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be
held so long as I am true to the ethics of police service. I will never engage in acts of corruption
or bribery, nor will I condone such acts by other police officers. I will cooperate with all legally
authorized agencies and their representatives in the pursuit of justice.
I know that I alone am responsible for my own standard of professional performance and will take
every reasonable opportunity to enhance and improve my level of knowledge and competence.
I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my
chosen profession . . . law enforcement.

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MISSION STATEMENT AND CORE VALUES

Mission Statement
Protecting Our Community with Exceptional Service.
Core Values
We, as members of the Oxnard Police Department, are committed to the following Core
Values in providing the people of Oxnard with personalized and effective service.
We value honesty and integrity. We expect all members of the Oxnard Police Department to
have strength of character, maintain exemplary conduct, and carry out their duties with high moral
and ethical standards.
We value the cultural diversity within our Community and within our Department. We treat
members of the Community and members of our Department with respect, while being objective
and impartial. We respect the civil and human rights of all individuals. We do not act selectively
towards individuals based upon their race, color, sex, sexual orientation, age, or belief.
We value the partnerships we form with all members of our Community. We encourage and
appreciate their participation in addressing contemporary issues in our Community. We always
strive to understand their interests and concerns. The Oxnard Police Department's perspective in
our partnership with the Community should always represent the collective concern of the people
of Oxnard. Together we progressively work toward the common goal of improving the quality of
life and reducing crime.
We value a strong work ethic. We do not accept mediocrity. Through a team effort and inspired
leadership, we use innovation and creativity to proactively address contemporary issues in our
Community. We recognize that every employee of our Department has specific and unique
strengths that can contribute to the furtherance of our goals and we always encourage and
expect their input. We work with courage and commitment to make a positive contribution to our
Community.
We value a reverence for all laws. We recognize that our civil and just society is founded upon
the principle of the Rule of Law. No individual is above the law and all individuals are accountable
to it. It is, therefore, critical that we obey the letter and support the spirit of the law. We recognize
the United States Constitution as the Supreme Law of our Land and we are sworn to uphold it.
We value the Public's trust. In good faith, we always strive to diligently and competently exercise
the authority entrusted in us and we are honored to wear our badge as a symbol of that trust.
We value respect for others. We are in an organization which insists that our employees show
respect for the Public, as well as for each other.

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Table of Contents

Chief’s Preface . . . . . . . . . . . . . . . . . . . . . . . . 1

Law Enforcement Code of Ethics . . . . . . . . . . . . . . . . . . 2

Mission Statement And Core Values . . . . . . . . . . . . . . . . 3

Chapter 1 - Law Enforcement Role and Authority . . . . . . . . . . . . 9

100 - Law Enforcement Authority . . . . . . . . . . . . . . . . . 10
102 - Chief Executive Officer . . . . . . . . . . . . . . . . . . . 12
104 - Oath of Office . . . . . . . . . . . . . . . . . . . . . 13
106 - Policy Manual . . . . . . . . . . . . . . . . . . . . . 14

Chapter 2 - Organization and Administration . . . . . . . . . . . . . 17

200 - Organizational Structure and Responsibility . . . . . . . . . . . . 18
204 - Revision Orders . . . . . . . . . . . . . . . . . . . . . 19
205 - Service Agreements . . . . . . . . . . . . . . . . . . . 20
206 - Emergency Management Plan . . . . . . . . . . . . . . . . 22
208 - Training Policy . . . . . . . . . . . . . . . . . . . . . 23
212 - Electronic Mail . . . . . . . . . . . . . . . . . . . . . 25
214 - Administrative Communications . . . . . . . . . . . . . . . . 27
218 - License to Carry a Firearm . . . . . . . . . . . . . . . . . 28
220 - Retired Officer CCW/HR 218 Endorsements . . . . . . . . . . . . 36

Chapter 3 - General Operations . . . . . . . . . . . . . . . . . . 42

300 - Use of Force . . . . . . . . . . . . . . . . . . . . . . 43
305 - Critical Incidents . . . . . . . . . . . . . . . . . . . . . 52
306 - Handcuffing and Restraints . . . . . . . . . . . . . . . . . 64
308 - Control Devices and Techniques . . . . . . . . . . . . . . . 68
309 - Electronic Control Device Guidelines . . . . . . . . . . . . . . 73
310 - Officer-Involved Shootings and Deaths . . . . . . . . . . . . . . 79
312 - Firearms . . . . . . . . . . . . . . . . . . . . . . . 88
314 - Vehicle Pursuits . . . . . . . . . . . . . . . . . . . . 103
315 - Operation of Police Vessels . . . . . . . . . . . . . . . . . 119
316 - Officer Response to Calls . . . . . . . . . . . . . . . . . 122
317 - Off-Road Operation of Police Vehicles . . . . . . . . . . . . . 126
318 - K-9 Unit . . . . . . . . . . . . . . . . . . . . . . . 129
320 - Domestic Violence . . . . . . . . . . . . . . . . . . . . 138
322 - Search and Seizure . . . . . . . . . . . . . . . . . . . 152
324 - Temporary Custody of Juveniles . . . . . . . . . . . . . . . 154
325 - School Resource Unit . . . . . . . . . . . . . . . . . . . 168
326 - Elder and Dependent Adult Abuse . . . . . . . . . . . . . . . 170
328 - Discriminatory Harassment . . . . . . . . . . . . . . . . . 181
330 - Child Abuse . . . . . . . . . . . . . . . . . . . . . . 184
332 - Missing Persons . . . . . . . . . . . . . . . . . . . . 192

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334 - Public Alerts . . . . . . . . . . . . . . . . . . . . . . 197

336 - Victim and Witness Assistance . . . . . . . . . . . . . . . . 202
338 - Hate Crimes . . . . . . . . . . . . . . . . . . . . . . 205
340 - Standards of Conduct . . . . . . . . . . . . . . . . . . . 209
342 - Information Technology Use . . . . . . . . . . . . . . . . . 215
344 - Report Preparation . . . . . . . . . . . . . . . . . . . 220
345 - Online Reporting . . . . . . . . . . . . . . . . . . . . 225
346 - Media Relations . . . . . . . . . . . . . . . . . . . . 227
348 - Subpoenas and Court Appearances . . . . . . . . . . . . . . 230
350 - Reserve Officers . . . . . . . . . . . . . . . . . . . . 237
351 - Field Training Program . . . . . . . . . . . . . . . . . . 244
352 - Outside Agency Assistance . . . . . . . . . . . . . . . . . 248
355 - Automatic External Defibrillator . . . . . . . . . . . . . . . . 251
356 - Registered Offender Information . . . . . . . . . . . . . . . 253
358 - Major Incident Notification . . . . . . . . . . . . . . . . . 256
360 - Death Investigation . . . . . . . . . . . . . . . . . . . 258
362 - Identity Theft . . . . . . . . . . . . . . . . . . . . . 262
364 - Private Persons Arrests . . . . . . . . . . . . . . . . . . 264
366 - Anti-Reproductive Rights Crimes Reporting . . . . . . . . . . . . 266
368 - Limited English Proficiency Services . . . . . . . . . . . . . . 268
369 - Language Line Translation Services . . . . . . . . . . . . . . 275
370 - Communications with Persons with Disabilities . . . . . . . . . . . 277
372 - Mandatory Employer Notification . . . . . . . . . . . . . . . 282
374 - Biological Samples . . . . . . . . . . . . . . . . . . . 284
376 - Chaplains . . . . . . . . . . . . . . . . . . . . . . 287
377 - Police Storefront Access . . . . . . . . . . . . . . . . . . 294
378 - Public Safety Camera System . . . . . . . . . . . . . . . . 295
380 - Child and Dependent Adult Safety . . . . . . . . . . . . . . . 298
382 - Service Animals . . . . . . . . . . . . . . . . . . . . 302
386 - Off-Duty Law Enforcement Actions . . . . . . . . . . . . . . 305

Chapter 4 - Patrol Operations . . . . . . . . . . . . . . . . . . 307

400 - Patrol Function . . . . . . . . . . . . . . . . . . . . . 308
401 - Neighborhood Policing Team . . . . . . . . . . . . . . . . 310
402 - Bias-Based Policing . . . . . . . . . . . . . . . . . . . 315
403 - Bicycle Patrol . . . . . . . . . . . . . . . . . . . . . 318
404 - Briefing Training . . . . . . . . . . . . . . . . . . . . 321
405 - Mandated Patrol Overtime . . . . . . . . . . . . . . . . . 322
406 - Crime and Disaster Scene Integrity . . . . . . . . . . . . . . 325
407 - Tactical Alert Plan . . . . . . . . . . . . . . . . . . . . 327
408 - Special Weapons and Tactics Team/Special Enforcement Unit . . . . . . 334
410 - Ride-Along Policy . . . . . . . . . . . . . . . . . . . . 346
412 - Hazardous Material Response . . . . . . . . . . . . . . . . 349
415 - Bearcat Armored Rescue Vehicle . . . . . . . . . . . . . . . 351
418 - Mental Illness Commitments . . . . . . . . . . . . . . . . 353
420 - Cite and Release Policy . . . . . . . . . . . . . . . . . . 359
422 - Arrest or Detention of Foreign Nationals . . . . . . . . . . . . . 366

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426 - U-Visa and T-Visa NONIMMIGRANT STATUS CERTIFICATION . . . . . 370

428 - Immigration Violations . . . . . . . . . . . . . . . . . . 373
429 - Emergency Utility Service . . . . . . . . . . . . . . . . . 374
432 - Patrol Rifles . . . . . . . . . . . . . . . . . . . . . . 375
434 - Aircraft Accidents . . . . . . . . . . . . . . . . . . . . 380
438 - Obtaining Air Support . . . . . . . . . . . . . . . . . . . 384
440 - Detentions And Photographing Detainees . . . . . . . . . . . . 385
442 - Criminal Organizations . . . . . . . . . . . . . . . . . . 391
444 - Watch Commanders . . . . . . . . . . . . . . . . . . . 397
448 - Mobile Digital Computer Use . . . . . . . . . . . . . . . . 398
450 - Portable Audio/Video Recorders . . . . . . . . . . . . . . . 401
451 - Body Worn Cameras . . . . . . . . . . . . . . . . . . . 408
452 - Medical Marijuana . . . . . . . . . . . . . . . . . . . . 414
458 - Foot Pursuits . . . . . . . . . . . . . . . . . . . . . 417
461 - Facial Recognition Technology . . . . . . . . . . . . . . . . 419
462 - Automated License Plate Readers (ALPRs) . . . . . . . . . . . . 421
465 - Medical Aid and Response . . . . . . . . . . . . . . . . . 424
466 - Suspicious Activity Reporting . . . . . . . . . . . . . . . . 427
467 - Civil Disputes . . . . . . . . . . . . . . . . . . . . . 429
468 - Public Recording of Law Enforcement Activity . . . . . . . . . . . 432
470 - Crisis Intervention Incidents . . . . . . . . . . . . . . . . . 435
471 - First Amendment Assemblies . . . . . . . . . . . . . . . . 440

Chapter 5 - Traffic Operations . . . . . . . . . . . . . . . . . . 446

500 - Traffic Function and Responsibility . . . . . . . . . . . . . . 447
502 - Traffic Collision Reporting . . . . . . . . . . . . . . . . . 452
510 - Vehicle Towing and Release . . . . . . . . . . . . . . . . 458
512 - Vehicle Impound Hearings . . . . . . . . . . . . . . . . . 463
514 - Impaired Driving . . . . . . . . . . . . . . . . . . . . 465
516 - Traffic Citations . . . . . . . . . . . . . . . . . . . . . 473
520 - Disabled Vehicles . . . . . . . . . . . . . . . . . . . . 476
524 - 72-Hour Parking Violations . . . . . . . . . . . . . . . . . 477
525 - Administrative Per Se Law (APS) . . . . . . . . . . . . . . . 479

Chapter 6 - Investigation Operations . . . . . . . . . . . . . . . . 482

602 - Sexual Assault Investigations . . . . . . . . . . . . . . . . 483
606 - Asset Forfeiture . . . . . . . . . . . . . . . . . . . . 489
608 - Informants . . . . . . . . . . . . . . . . . . . . . . 493
610 - Warrant Service and Residential Searches . . . . . . . . . . . . 499
611 - Operations Planning and Deconfliction . . . . . . . . . . . . . 505

Chapter 7 - Equipment . . . . . . . . . . . . . . . . . . . . 512

700 - Department Owned and Personal Property . . . . . . . . . . . . 513
702 - Personal Communication Devices . . . . . . . . . . . . . . . 515
704 - Vehicle Maintenance . . . . . . . . . . . . . . . . . . . 517
707 - Cash Handling, Security and Management . . . . . . . . . . . . 520

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Chapter 8 - Support Services . . . . . . . . . . . . . . . . . . 522

802 - Emergency Communications Center . . . . . . . . . . . . . . 523
803 - Community Service Officer . . . . . . . . . . . . . . . . . 530
804 - Property and Evidence . . . . . . . . . . . . . . . . . . 536
805 - Animal Safety Unit . . . . . . . . . . . . . . . . . . . . 548
806 - Records Division . . . . . . . . . . . . . . . . . . . . 551
808 - Restoration of Firearm Serial Numbers . . . . . . . . . . . . . 553
810 - Records Maintenance and Release . . . . . . . . . . . . . . 555
812 - Protected Information . . . . . . . . . . . . . . . . . . . 562
814 - Computers and Digital Evidence . . . . . . . . . . . . . . . 567

Chapter 9 - Custody . . . . . . . . . . . . . . . . . . . . . 571

900 - Temporary Custody of Adults . . . . . . . . . . . . . . . . 572
902 - Custodial Searches . . . . . . . . . . . . . . . . . . . 585
903 - Medical Treatment and Transportation of Injured/Ill Arrestees . . . . . . 591
904 - Prison Rape Elimination . . . . . . . . . . . . . . . . . . 594

Chapter 10 - Personnel . . . . . . . . . . . . . . . . . . . . 603

1000 - Recruitment and Selection . . . . . . . . . . . . . . . . . 604
1001 - Evaluation of Employees . . . . . . . . . . . . . . . . . 609
1003 - Lateral Assignments . . . . . . . . . . . . . . . . . . . 612
1004 - Seniority . . . . . . . . . . . . . . . . . . . . . . 615
1005 - Performance Improvement Plans and Administrative Review . . . . . . 619
1006 - Early Intervention System . . . . . . . . . . . . . . . . . 624
1007 - Collateral Assignments . . . . . . . . . . . . . . . . . . 627
1009 - Audits . . . . . . . . . . . . . . . . . . . . . . . 630
1010 - Reporting of Employee Convictions . . . . . . . . . . . . . . 632
1011 - Peer Support Team . . . . . . . . . . . . . . . . . . . 634
1012 - Drug- and Alcohol-Free Workplace . . . . . . . . . . . . . . 637
1013 - Respirator Protection Program . . . . . . . . . . . . . . . 640
1014 - Sick Leave . . . . . . . . . . . . . . . . . . . . . . 645
1016 - Communicable Diseases . . . . . . . . . . . . . . . . . 648
1018 - Smoking and Tobacco Use . . . . . . . . . . . . . . . . 653
1020 - Citizen Complaints and Administrative Investigations . . . . . . . . 654
1022 - Seat Belts . . . . . . . . . . . . . . . . . . . . . . 664
1024 - Body Armor . . . . . . . . . . . . . . . . . . . . . 666
1026 - Personnel Records . . . . . . . . . . . . . . . . . . . 668
1030 - Commendations and Awards . . . . . . . . . . . . . . . . 677
1032 - Fitness for Duty . . . . . . . . . . . . . . . . . . . . 679
1034 - Meal Periods and Breaks . . . . . . . . . . . . . . . . . 683
1035 - Lactation Break Policy . . . . . . . . . . . . . . . . . . 684
1036 - Time Sheets . . . . . . . . . . . . . . . . . . . . . 686
1037 - Leave Requests . . . . . . . . . . . . . . . . . . . . 687
1038 - Overtime Compensation Requests . . . . . . . . . . . . . . 688
1040 - Outside Employment . . . . . . . . . . . . . . . . . . 692
1042 - Industrial Injuries . . . . . . . . . . . . . . . . . . . . 697
1044 - Personal Appearance Standards . . . . . . . . . . . . . . . 699

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1046 - Uniform Regulations . . . . . . . . . . . . . . . . . . . 701

1048 - Police Explorers . . . . . . . . . . . . . . . . . . . . 716
1049 - Academy Instructors . . . . . . . . . . . . . . . . . . . 720
1050 - Nepotism and Conflicting Relationships . . . . . . . . . . . . . 721
1052 - Department Badges . . . . . . . . . . . . . . . . . . . 724
1054 - Temporary Modified-Duty Assignments . . . . . . . . . . . . . 726
1058 - Employee Speech, Expression and Social Networking . . . . . . . . 731

Attachments . . . . . . . . . . . . . . . . . . . . . . .

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Chapter 1 - Law Enforcement Role and Authority

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100 Oxnard PD Policy Manual

Law Enforcement Authority

100.1 PURPOSE AND SCOPE
The purpose of this policy is to affirm the authority of the members of the Oxnard Police
Department to perform their functions based on established legal authority.

100.2 PEACE OFFICER POWERS

Sworn members of this department are authorized to exercise peace officer powers pursuant to
applicable state law (Penal Code § 830.1 et seq.).

100.2.1 ARREST AUTHORITY OUTSIDE THE JURISDICTION OF THE OXNARD POLICE

DEPARTMENT
The arrest authority outside the jurisdiction of the Oxnard Police Department includes (Penal Code
§ 830.1; Penal Code § 836):
(a) When the officer has probable cause to believe the person committed a felony.
(b) When the officer has probable cause to believe the person has committed a
misdemeanor in the presence of the officer and the officer reasonably believes there
is immediate danger to person or property or of escape.
(c) When the officer has probable cause to believe the person has committed a
misdemeanor for which an arrest is authorized even if not committed in the presence of
the officer such as certain domestic violence offenses and there is immediate danger
to person or property or of escape or the arrest is mandated by statute.
(d) When authorized by a cross jurisdictional agreement with the jurisdiction in which the
arrest is made.
(e) In compliance with an arrest warrant.
On-duty arrests will not generally be made outside the jurisdiction of this [department/office] except
in cases of hot or fresh pursuit, while following up on crimes committed with the City or while
assisting another agency.
On-duty officers who discover criminal activity outside the jurisdiction of the City should
when circumstances permit, consider contacting the agency having primary jurisdiction before
attempting an arrest.

100.2.2 ARREST AUTHORITY INSIDE THE JURISDICTION OF THE OXNARD POLICE

DEPARTMENT
The arrest authority within the jurisdiction of the Oxnard Police Department includes (Penal Code
§ 830.1; Penal Code § 836):
(a) When the officer has probable cause to believe the person has committed a felony,
whether or not committed in the presence of the officer.
(b) When the officer has probable cause to believe the person has committed a
misdemeanor in this jurisdiction and in the presence of the officer.

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Law Enforcement Authority

(c) When the officer has probable cause to believe the person has committed a public
offense outside this jurisdiction, in the presence of the officer and the officer reasonably
believes there is an immediate danger to person or property, or of escape.
(d) When the officer has probable cause to believe the person has committed a
misdemeanor for which an arrest is authorized or required by statute even though the
offense has not been committed in the in the presence of the officer such as certain
domestic violence offenses.
(e) In compliance with an arrest warrant.

100.2.3 TIME OF MISDEMEANOR ARRESTS

Officers shall not arrest a person for a misdemeanor between the hours of 10:00 p.m. of any day
and 6:00 a.m. of the next day unless (Penal Code § 840):
(a) The arrest is made without a warrant pursuant to Penal Code § 836 which includes:
1. A misdemeanor committed in the presence of the officer.
2. Misdemeanor domestic violence offenses (See the Domestic Violence Policy).
(b) The arrest is made in a public place.
(c) The arrest is made with the person in custody pursuant to another lawful arrest.
(d) The arrest is made pursuant to a warrant which, for good cause shown, directs that it
may be served at any time of the day or night.

100.3 POLICY
It is the policy of the Oxnard Police Department to limit its members to only exercise the authority
granted to them by law.
While this department recognizes the power of peace officers to make arrests and take other
enforcement action, officers are encouraged to use sound discretion in the enforcement of the
law. This department does not tolerate the abuse of law enforcement authority.

100.4 INTERSTATE PEACE OFFICER POWERS

Peace officer powers may be extended to other states:
(a) As applicable under interstate compacts, memorandums of understanding or mutual
aid agreements in compliance with the laws of each state.
(b) When an officer enters an adjoining state in close or fresh pursuit of a person believed
to have committed a felony (ARS § 13-3832; NRS 171.158; ORS 133.430).
The person arrested out of state must be taken without unnecessary delay before a magistrate of
the county in which the arrest was made (ARS § 13-3833; NRS 171.158; ORS 133.440).

100.5 CONSTITUTIONAL REQUIREMENTS

All members shall observe and comply with every person’s clearly established rights under the
United States and California Constitutions.

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102 Oxnard PD Policy Manual

Chief Executive Officer

102.1 PURPOSE AND SCOPE
The California Commission on Peace Officer Standards and Training (POST) has mandated that
all sworn officers and dispatchers employed within the State of California shall receive certification
by POST within prescribed time periods.

102.1.1 CHIEF EXECUTIVE OFFICER REQUIREMENTS

Any chief executive officer of this department appointed after January 1, 1999, shall, as a condition
of continued employment, complete the course of training prescribed by POST and obtain the
Basic Certificate by POST within two years of appointment (Penal Code § 832.4).

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Oath of Office
104.1 PURPOSE AND SCOPE
The purpose of this policy is to ensure that oaths, when appropriate, are administered to
department members.

104.2 POLICY
It is the policy of the Oxnard Police Department that, when appropriate, department members
affirm the oath of their office as an expression of commitment to the constitutional rights of those
served by the Department and the dedication of its members to their duties.

104.3 OATH OF OFFICE

All department members, when appropriate, shall take and subscribe to the oaths or affirmations
applicable to their positions. All sworn members shall be required to affirm the oath of office
expressing commitment and intent to respect constitutional rights in discharging the duties of a
law enforcement officer (Cal. Const. Art. 20, § 3; Government Code § 3102). The oath shall be
as follows:
“I, (employee name), do solemnly swear (or affirm) that I will support and defend the Constitution
of the United States and the Constitution of the State of California against all enemies, foreign
and domestic; that I will bear true faith and allegiance to the Constitution of the United States
and the Constitution of the State of California; that I take this obligation freely, without any mental
reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon
which I am about to enter.”

104.4 MAINTENANCE OF RECORDS

The oath of office shall be filed as prescribed by law (Government Code § 3105).

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106.1 PURPOSE AND SCOPE
The manual of the Oxnard Police Department is hereby established and shall be referred to as
the Policy Manual or the manual. The manual is a statement of the current policies, rules and
guidelines of this department. All members are to conform to the provisions of this manual.
All prior and existing manuals, orders and regulations that are in conflict with this manual are
rescinded, except to the extent that portions of existing manuals, procedures, orders and other
regulations that have not been included herein shall remain in effect, provided that they do not
conflict with the provisions of this manual.

106.2 POLICY
Except where otherwise expressly stated, the provisions of this manual shall be considered
as guidelines. It is recognized that the work of law enforcement is not always predictable and
circumstances may arise which warrant departure from these guidelines. It is the intent of this
manual to be viewed from an objective standard, taking into consideration the sound discretion
entrusted to members of this department under the circumstances reasonably available at the
time of any incident.

106.2.1 DISCLAIMER
The provisions contained in the Policy Manual are not intended to create an employment contract
nor any employment rights or entitlements. The policies contained within this manual are for
the internal use of the Oxnard Police Department and shall not be construed to create a higher
standard or duty of care for civil or criminal liability against the City, its officials or members.
Violations of any provision of any policy contained within this manual shall only form the basis for
department administrative action, training or discipline. The Oxnard Police Department reserves
the right to revise any policy content, in whole or in part.

106.2.2 STAFF
Staff shall consist of the following:
(a) Chief of Police.
(b) The Assistant Chief from each bureau.
(c) The Commanders from each division.
The staff shall review all recommendations regarding proposed changes to the manual at staff
meetings.

106.2.3 OTHER PERSONNEL

All Department employees suggesting revision of the contents of the Policy Manual shall forward
suggestions in writing to his/her commander/manager, who will consider the recommendation and
forward to staff.

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106.3 AUTHORITY
The Chief of Police shall be considered the ultimate authority for the content and adoption of the
provisions of this manual and shall ensure compliance with all applicable federal, state and local
laws. The Chief of Police or the authorized designee is authorized to issue Revision Orders, which
shall modify these provisions of the manual to which they pertain. Revision Orders shall remain
in effect until such time as they may be permanently incorpororated into the manual.

106.3.1 DISTRIBUTION OF MANUAL

A computerized version of the Policy Manual will be made available on the Department network
for access by all employees. The computerized version will be limited to viewing and printing of
specific sections. No changes shall be made to the electronic version without authorization from
Professional Standards. All employees are required to acknowledge, through either a signed
statement of receipt or electronic signature, that he/she has received a copy or has been provided
access to the Policy Manual, and understand that he/she is responsible to read and become
familiar with its contents.

106.4 DEFINITIONS
The following words and terms shall have these assigned meanings throughout the Policy Manual,
unless it is apparent from the content that they have a different meaning:
Adult - Any person 18 years of age or older.
CCR - California Code of Regulations (Example: 15 CCR 1151).
CHP- The California Highway Patrol.
CFR - Code of Federal Regulations.
City - The City of Oxnard.
Civilian - Employees and volunteers who are not sworn peace officers.
Department/OXPD - The Oxnard Police Department.
DMV - The Department of Motor Vehicles.
Employee - Any person employed by the Department.
Juvenile- Any person under the age of 18 years.
Manual - The Oxnard Police Department Policy Manual.
May - Indicates a permissive, discretionary or conditional action.
Member - Any person employed or appointed by the Oxnard Police Department, including:
• Full- and part-time employees
• Sworn peace officers
• Reserve, auxiliary officers
• Civilian employees

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• Volunteers.
Officer - Those employees, regardless of rank, who are sworn peace officers of the Oxnard Police
Department.
On-duty - A member’s status during the period when he/she is actually engaged in the
performance of his/her assigned duties.
Order - A written or verbal instruction issued by a superior.
POST - The California Commission on Peace Officer Standards and Training.
Rank - The title of the classification held by an officer.
Shall or will - Indicates a mandatory action.
Should - Indicates a generally expected action, absent a rational basis for failing to conform.
Supervisor - A person in a position of authority that may include responsibility for hiring,
transfer, suspension, promotion, discharge, assignment, reward or discipline of other department
members, directing the work of other members or having the authority to adjust grievances. The
supervisory exercise of authority may not be merely routine or clerical in nature but requires the
use of independent judgment.
The term "supervisor" may also include any person (e.g., officer-in-charge, lead or senior worker)
given responsibility for the direction of the work of others without regard to a formal job title, rank
or compensation.
When there is only one department member on-duty, that person may also be the supervisor,
except when circumstances reasonably require the notification or involvement of the member’s
off-duty supervisor or an on-call supervisor.
USC - United States Code.

106.4.1 REVISIONS TO POLICIES

All employees are responsible for keeping abreast of all Policy Manual revisions. All changes to
the Policy Manual will be posted on the Department Intranet. Professional Standards will forward
revisions to the Policy Manual as needed to all personnel via electronic mail. Each employee shall
review the revisions and seek clarification as needed.
Each unit commander/manager will ensure that employees under his/her command are aware of
any Policy Manual revisions.

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Chapter 2 - Organization and Administration

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Organizational Structure and Responsibility

200.1 PURPOSE AND SCOPE
The organizational structure of this department is designed to create an efficient means to
accomplish our mission and goals and to provide for the best possible service to the public.

200.2 BUREAUS
The Chief of Police is responsible for administering and managing the Oxnard Police Department.
There are three bureaus in the Police Department as follows:
• Administrative Services Bureau
• Field Services Bureau
• Investigative Services Bureau

200.2.1 ADMINISTRATIVE SERVICES

The Administrative Services Bureau is commanded by an assistant chief whose primary
responsibility is to provide general management direction and control for the bureau. The
Administrative Services Bureau consists of the following divisions:
(a) Professional Standards.
(b) Information Technology.
(c) Financial Services.
(d) Records/Property.

200.2.2 FIELD SERVICES

The Field Services Bureau is commanded by an assistant chief whose primary responsibility is
to provide general management direction and control for that bureau. The Field Services Bureau
consists of the following divisions:
(a) Patrol.
(b) Patrol Support.
(c) Special Operations.

200.2.3 INVESTIGATIVE SERVICES

The Investigative Services Bureau is commanded by an assistant chief whose primary
responsibility is to provide general management direction and control for the bureau. The
Investigative Services Bureau consists of the following:
(a) Detective Division.
(b) Crime Analysis Unit.

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Revision Orders
204.1 PURPOSE AND SCOPE
The Revision Order establishes an interdepartmental communication that may be used by the
Chief of Police or his designee to make immediate changes topolicy and procedure consistent
with the current Memorandum of Understanding and as permitted by Government Code § 3500
et seq. Revision Orders will immediately modify or change and supersede sections of this manual
to which they pertain.

204.1.1 REVISION ORDER PROTOCOL

Revision Orders will be incorporated into the manual as required upon approval of a the
appropriate bureau chief. Revision Orders will modify existing policies or create a new policy as
appropriate and will be rescinded upon incorporation into the manual.
Revision Orders issued after a manual update will be numbered as follows: Numbering will begin
with the year of the Revision Order, a number symbolizing how many Revision Orders have been
distributed in that year, and a policy section number (i.e. 2007-1-302).
Revision Orders are only required when an operational change affects the policy manual.
Guidelines for the operation of a particular unit, that are internal to that unit, should be
memorialized in a unit manual or other appropriate document.

204.2 DISTRIBUTION
Operational Revision Orders shall be distributed to all employees via email.
The person authoring the Revision Order will oversee the creation of the order using a template
from the network.
Revision Orders (signed hard copies and electronic copies) shall be sent to Professional
Standards for distribution.
Professional Standards will be responsible for assigning a number to Revision Orders, maintaining
an electronic copy of Revision Orders, and posting Revision Orders on the department "intranet."
Supervisors are strongly encouraged to discuss Revision Orders at squad/unit meetings.

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Service Agreements
205.1 PURPOSE AND SCOPE
This agreement policy is intended to establish standardized guidelines for the preparation of
agreements that pertain to the outside procurement of services for the Police Department. The
types of agreement covered by this policy will include but not be limited to trade services,
professional services, and public projects.

205.2 DEFINITIONS
Consulting or professional service agreements cover outside services in the area of technology,
legal, and special services. Trade service agreements cover outside services pertaining to use of
licensed contractors and public projects.

205.3 AGREEMENT PREPARATION

An electronic template for preparing an agreement and the Agreement/Amendment Review Form
is located on the Police Department's intranet.City. The employee responsible for preparing an
agreement will contact the Police Financial Manager to determine the appropriate agreement
type and requirements. Once an agreement is prepared, an agreement number is to be obtained
from the City Clerk's Office through the City's intranet site. A draft of the agreement shall be
emailed to the Assistant City Attorney for review with the Police Financial Manager included in the
email. A completed Agreement/Amendment Review form and two originals of the agreement are
then routed for proper signatures as stated on the Agreement Review Form. A memorandum to the
Contract Compliance Review Committee (CCRC) shall also be included, and should summarize
the necessity for the agreement/amendment.

(a) Sub-recipient Agreements for grant funding also require that the employee preparing
the Agreement contact the Grants Specialist of the Police Department.
(b) As noted in the Agreement/Amendment Review Form, agreement amounts between
$25,000 and $250,000 require City Manager approval after City Council authorization.
(c) Agreement amounts over $250,000 require an agenda item for City Council to
authorize the Mayor's approval.

205.4 INSURANCE REQUIREMENTS/BUSINESS LICENSE

Individuals and businesses being contracted must meet the City's current insurance requirements
for General Liability, Auto Liability, Workers Compensation and Professional Liability. They must
also have a valid City of Oxnard business license.

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205.5 AGREEMENT APPROVAL

The Police Financial Manager must review and approve the format of the draft agreement prior to
routing for signatures. The person designated as Project Manager for the agreement must have
current purchasing authority equal to or greater than the value of the agreement. Final approval
rests with the Assistant Chief with managerial responsibility for the unit preparing the agreement.
The Project Manager should contact the Contract Compliance Review Committee to determine
the need to attend a CCRC meeting. Once completed, one original agreement is forwarded to
the City Clerk's Office and the other original agreement is forwarded to the vendor. A complete
(executed by all parties) electronic (scanned) version of the agreement shall be emailed to the
Police Financial Manager for filing.

205.6 AGREEMENT MONITORING

The Administrative Services Bureau will track the expiration dates of active agreements and will
notify the Project Manager and appropriate Bureau Assistant Chief of agreements that are within
three (3) months of their expiration. The Project Manager will inform the Administrative Services
Bureau whether the agreement will be allowed to expire or an amendment to extend the agreement
will be sought.

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Emergency Management Plan

206.1 PURPOSE AND SCOPE
The City has prepared an Emergency Management Plan for use by all employees in the event
of a major disaster or other emergency event. The plan provides for a strategic response by all
employees and assigns specific responsibilities in the event that the plan is activated (Government
Code § 8610).

206.2 ACTIVATING THE EMERGENCY PLAN

The Emergency Management Plan can be activated on the order of the official designated by
local ordinance.

206.2.1 RECALL OF PERSONNEL

In the event that the Emergency Management Plan is activated, all employees of the Oxnard
Police Department are subject to immediate recall. Employees may also be subject to recall
during extraordinary circumstances as deemed necessary by the Chief of Police or the authorized
designee.
Failure to promptly respond to an order to report for duty may result in discipline.

206.3 LOCATION OF THE PLAN

The Emergency Management Plan is available in the Administrative Services Bureau and
the Watch Commander's office. All supervisors should become familiar with the Emergency
Management Plan. The commander collaterally assigned to Emergency Operations should ensure
that department personnel are familiar with the roles police personnel will play when the plan is
implemented.

206.4 UPDATING OF MANUALS

The Chief of Police or designee shall review the Emergency Management Plan Manual at least
once every two years to ensure that the manual conforms to any revisions made by the National
Incident Management System (NIMS) and the Standardized Emergency Management System
(SEMS) and should appropriately address any needed revisions.

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Training Policy
208.1 PURPOSE AND SCOPE
It is the policy of this department to administer a training program that will provide for the
professional growth and continued development of its personnel. By doing so, the Department will
ensure its personnel possess the knowledge and skills necessary to provide a professional level
of service that meets the needs of the community.

208.2 PHILOSOPHY
The Department seeks to provide ongoing training and encourages all personnel to participate
in advanced training and formal education on a continual basis. Training is provided within the
confines of funding, requirements of a given assignment, staffing levels, and legal mandates.
Whenever possible, the Department will use courses certified by the California Commission on
Peace Officer Standards and Training (POST).

208.3 OBJECTIVES
The objectives of the Training Program are to:
(a) Enhance the level of law enforcement service to the public
(b) Increase the technical expertise and overall effectiveness of our personnel
(c) Provide for continued professional development of department personnel

208.4 MASTER TRAINING PLAN

A training plan will be developed and maintained by the Personnel and Training Sergeant. It is the
responsibility of the Personnel and Training Sergeant to maintain, review, and update the plan on
an annual basis. The plan will address the following areas:
(a) Legislative changes.
(b) Mandated training.
(c) Critical issues training.

208.5 TRAINING NEEDS ASSESSMENT

The Personnel and Training Sergeant will conduct a periodic training-needs assessment of the
Department. The needs assessment will be reviewed by staff. Upon approval by staff, the needs
assessment will form the basis for the training plan for the fiscal year.

208.6 TRAINING PROCEDURES

(a) All employees assigned to attend training shall attend as scheduled unless previously
excused by his/her immediate supervisor. Excused absences from mandatory training
should be limited to the following:

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1. Court appearances.
2. Previously approved vacation.
3. Sick leave.
4. Physical limitations preventing the employee's participation.
5. Emergency situations.
(b) When an employee is unable to attend mandatory training, that employee shall:
1. Notify his/her supervisor and the Personnel and Training Sergeant as soon as
possible but no later than one hour prior to the start of training.
2. Make arrangements through his/her supervisor and the Personnel and Training
Sergeant to attend the mandatory training on an alternate date.

208.7 HOSTED TRAINING

Any training that will be hosted by the Department shall be coordinated through the Personnel
and Training Sergeant.

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Electronic Mail
212.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the proper use and application of
the Department's electronic mail (email) system by employees of this department. Email is a
communication tool available to employees to enhance efficiency in the performance of job duties
and is to be used in accordance with generally accepted business practices and current law
(e.g., California Public Records Act). Messages transmitted over the email system should only be
those that involve official business activities or contain information essential to employees for the
accomplishment of business-related tasks and/or communication directly related to the business,
administration, or practices of the Department.

212.2 EMAIL RIGHT OF PRIVACY

All email messages, including any attachments, that are transmitted over department networks are
considered department records and therefore are department property. The Department reserves
the right to access, audit or disclose, for any lawful reason, any message including any attachment
that is transmitted over its email system or that is stored on any department system.
The email system is not a confidential system since all communications transmitted on, to or from
the system are the property of the Department. Therefore, the email system is not appropriate
for confidential communications. If a communication must be private, an alternative method to
communicate the message should be used instead of email. Employees using the Department’s
email system shall have no expectation of privacy concerning communications utilizing the system.
Employees should not use personal accounts to exchange email or other information that is related
to the official business of the Department.

212.3 PROHIBITED USE OF EMAIL

Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive, and harassing or
any other inappropriate messages on the email system is prohibited and is subject to discipline.
Email messages addressed to the "all users" are only to be used for official business related items
that are of particular interest to all users and require supervisor approval. Personal advertisements
are not acceptable.
It is a violation of this policy to transmit a message under another user's name. Users are strongly
encouraged to log off the network when his/her computer is unattended. This added security
measure would prevent the misuse of an individual's email, name and/or password by others.
It is a violation of this policy to allow non-department employees to access or view sensitive or
legally-restricted documents and/or email transmissions. Employees are strongly encouraged to
take preventative measures when viewing department email, and at a minimum should not remain
logged into his/her email when it is unattended.

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212.4 MANAGEMENT OF EMAIL

Because the email system is not designed for long-term retention of messages, email that the
employee desires to save or that becomes part of an official record should be printed and/or stored
in another location. Users of email are solely responsible for the management of his/her mailbox.

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Administrative Communications
214.1 PURPOSE AND SCOPE
Administrative communications of this department are governed by the following:

214.2 MEMORANDUMS
Memorandums may be issued periodically by the Chief of Police to announce and document
promotions, transfers, hiring of new personnel, separations, personnel and group commendations,
or other changes in status.

214.3 CORRESPONDENCE
The following individuals are authorized to sign and disseminate correspondence utilizing
department letterhead:
(a) Assistant Chief of Police.
The assistant chiefs may designate personnel under his/her command who, by assignment or
need, may sign outgoing correspondence utilizing department letterhead.

214.4 RESPONSIBILITY
Each of the Department executives identified above are responsible for the content and
correspondence prepared by him/her, or designee.

214.5 DISTRIBUTION
An assistant chief, or his/her designee, will approve any correspondence or memorandum before
distribution to department personnel. This will ensure propriety and prevent the duplication of
information.

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License to Carry a Firearm

218.1 PURPOSE AND SCOPE
The Chief of Police is given the statutory discretion to issue a license to carry a firearm to residents
within the community (Penal Code § 26150; Penal Code § 26155). The Chief may defer authority
to the Ventura County Sherrif's Department for the issuance of a license. This policy will provide
a written process for the application and issuance of such licenses. Pursuant to Penal Code §
26160, this policy shall be made accessible to the public.

218.1.1 RETIRED POLICE OFFICERS

The requirements listed in this policy are not applicable to honorably retired police officers from
the Oxnard Police Department. Provisions for the issuance of a CCW permit to retired Oxnard
Police officers are detailed in Policy Manual § 220.

218.2 POLICY
The Oxnard Police Department will fairly and impartially consider all applications to carry firearms
in accordance with applicable law and this policy.

218.3 QUALIFIED APPLICANTS

In order to qualify for a license to carry a firearm, the applicant must meet certain requirements,
including:
(a) Be a resident of the City of Oxnard (Penal Code § 26150; Penal Code § 26155).
(b) Be at least 21 years of age (Penal Code § 29610).
(c) Fully complete an application that will include substantial personal information. Much
of the information in the application may be subject to public access under the Public
Records Act.
(d) Be free from criminal convictions that would disqualify the applicant from carrying a
firearm. Fingerprints will be required and a complete criminal background check will
be conducted.
(e) Be of good moral character (Penal Code § 26150; Penal Code § 26155).
(f) Show good cause for the issuance of the license (Penal Code § 26150; Penal Code
§ 26155).
(g) Pay all associated application fees. These fees are set by statute and may not be
refunded if the application is denied.
(h) Provide proof of ownership or registration of any firearm to be licensed.
(i) Be free from any psychological conditions that might make the applicant unsuitable
for carrying a firearm (Penal Code § 26190).
(j) Complete required training (Penal Code § 26165).

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218.4 APPLICATION PROCESS

The application process for a license to carry a firearm shall consist of two phases. Upon the
successful completion of each phase, the applicant will advance to the next phase until the process
is completed and the license is either issued or denied.

218.4.1 PHASE ONE (TO BE COMPLETED BY ALL APPLICANTS)

(a) Any individual applying for a license to carry a firearm shall first fully complete a
California Department of Justice (DOJ) application to be signed under penalty of
perjury. Any applicant who provides false information or statements on the application
will be removed from further consideration and may be prosecuted for a criminal
offense (Penal Code § 26180).
1. In the event of any discrepancies in the application or background investigation,
the applicant may be required to undergo a polygraph examination, at no cost
to the applicant.
2. If an incomplete application package is received, the Chief of Police or
authorized designee may do any of the following:
(a) Require the applicant to complete the package before any further
processing.
(b) Advance the incomplete package to phase two for conditional processing
pending completion of all mandatory conditions.
(c) Issue a denial if the materials submitted at the time demonstrate that
the applicant would not qualify for a license to carry a firearm even if
the package was completed (e.g., not a resident, disqualifying criminal
conviction, absence of good cause).
(b) At the time the completed application is submitted, the applicant shall submit a check
made payable to the California Department of Justice for the required California DOJ
application fee, along with a separate check made payable to the City of Oxnard for
a nonrefundable 20 percent of the application fee to cover the cost of processing the
application (Penal Code § 26190).
(a) Additional fees may be required for fingerprinting, training or psychological
testing, in addition to the application fee.
(b) Full payment of the remainder of the application fee will be required upon
issuance of a license.
(c) Payment of related fees may be waived if the applicant is a duly appointed
reserve peace officer as defined in Penal Code § 830.6 (a) or (b) (Penal Code
§ 26170).
(c) The applicant shall be required to submit to fingerprinting and a complete criminal
background check by the California DOJ. A second set of fingerprints may be required

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for retention in department files. Two recent passport-size photos (2 inches by 2

inches) of the applicant shall be submitted for department use. No person determined
to fall within a prohibited class described in Penal Code § 29800, Penal Code § 29900,
Welfare and Institutions Code § 8100 or Welfare and Institutions Code § 8103 will be
issued a license to carry a firearm. A license shall not be issued if the California DOJ
determines that the applicant is prohibited by state or federal law from possessing,
receiving, owning or purchasing a firearm (Penal Code § 26195).
(d) The applicant should submit at least three signed letters of character reference from
individuals other than relatives.
(e) The applicant shall submit proof of ownership or registration of each firearm to be
licensed.
Once the Chief of Police or authorized designee has reviewed the completed application package
and relevant background information, the application will either be advanced to phase two or
denied.
In the event that an application is denied at the conclusion of, or during, phase one, the applicant
shall be notified in writing within 90 days of the initial application or within 30 days after receipt
of the applicant’s criminal background check from the California DOJ, whichever is later. If the
license is denied, the notice shall state which requirement was not satisfied (Penal Code § 26205).

218.4.2 PHASE TWO

This phase is to be completed only by those applicants successfully completing phase one.
(a) Upon successful completion of phase one, the applicant shall be scheduled for a
personal interview with the Chief of Police or authorized designee. During this stage,
there will be further discussion of the applicant’s statement of good cause and any
potential restrictions or conditions that might be placed on the license.
1. The determination of good cause should consider the totality of circumstances
in each individual case.
2. Any denial for lack of good cause should be rational, articulable and not arbitrary
in nature.
3. The Department will provide written notice to the applicant as to the
determination of good cause (Penal Code § 26202).
(b) The Chief of Police may, based upon criteria established by the Chief of Police, require
that the applicant be referred to an authorized psychologist used by the Department for
psychological testing. The cost of such psychological testing (not to exceed $150) shall
be paid by the applicant. The purpose of any such psychological testing is intended
only to identify any outward indications or history of psychological problems that might
render the applicant unfit to carry a firearm. This testing is not intended to certify
in any other respect that the applicant is psychologically fit. If it is determined that

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the applicant is not a suitable candidate for carrying a firearm, the applicant shall be
removed from further consideration (Penal Code § 26190).
(c) The applicant shall complete a course of training approved by the agency, which
complies with Penal Code § 26165. The applicant will not be required to complete and
pay for any training courses prior to any determination of good cause (Penal Code §
26165; Penal Code § 26202).
(d) The applicant shall submit any firearm to be considered for a license to the Range
Sergeant or other departmentally authorized gunsmith, at no cost to the applicant, for
a full safety inspection. The Chief of Police reserves the right to deny a license for any
firearm that has been altered from the manufacturer’s specifications or that is unsafe
(Penal Code § 31910).
(e) The applicant shall successfully complete a firearms safety and proficiency
examination with the firearm to be licensed, to be administered by the department
Range Sergeant, or provide proof of successful completion of another departmentally
approved firearms safety and proficiency examination, including completion of all
releases and other forms. The cost of any outside inspection/examination shall be the
responsibility of the applicant.
Once the Chief of Police or authorized designee has verified the successful completion of phase
two, the license to carry a firearm will either be granted or denied.
Whether an application is approved or denied at the conclusion of or during phase two, the
applicant shall be notified in writing within 90 days of the initial application or within 30 days after
receipt of the applicant’s criminal background check from the California DOJ, whichever is later.
If the license is denied, the notice shall state which requirement was not satisfied (Penal Code
§ 26205).

218.5 LIMITED BUSINESS LICENSE TO CARRY A CONCEALED FIREARM

The authority to issue a limited business license to carry a concealed firearm to a non-resident
applicant is granted only to the Sheriff of the county in which the applicant works. A chief of a
municipal police department may not issue limited licenses (Penal Code § 26150). Therefore,
such applicants may be referred to the Sheriff for processing.
An individual who is not a resident of the county but who otherwise successfully completes all
portions of phases one and two above, may apply for and be issued a limited license subject to
approval by the Sheriff and subject to the following:
(a) The applicant physically spends a substantial period of working hours in the applicant’s
principal place of employment or business within the City of Oxnard (Penal Code §
26150).
(b) Such a license will be valid for a period not to exceed 90 days from the date of issuance
(Penal Code § 26220).

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(c) The applicant shall provide a copy of the license to the licensing authority of the city
or county in which the applicant resides (Penal Code § 26220).
(d) Any application for renewal or reissuance of such a license may be granted only upon
concurrence of the original issuing authority and the licensing authority of the city or
county in which the applicant resides (Penal Code § 26220).

218.6 ISSUED FIREARMS PERMITS

In the event a license to carry a firearm is issued by the Chief of Police, the following shall apply:
(a) The license will be subject to any and all reasonable restrictions or conditions the Chief
of Police has deemed warranted, including restrictions as to the time, place, manner
and circumstances under which the person may carry the firearm.
1. All such restrictions or conditions shall be conspicuously noted on any license
issued (Penal Code § 26200).
2. The licensee will be required to sign a Restrictions and Conditions Agreement.
Any violation of any of the restrictions and conditions may result in the immediate
revocation of the license.
(b) The license shall be laminated, bearing a photograph of the licensee with the expiration
date, type of firearm, restrictions and other pertinent information clearly visible.
1. Each license shall be numbered and clearly identify the licensee.
2. All licenses shall be subjected to inspection by the Chief of Police or any law
enforcement officer.
(c) The license will be valid for a period not to exceed two years from the date of issuance
(Penal Code § 26220).
1. A license issued to a state or federal magistrate, commissioner or judge will be
valid for a period not to exceed three years.
2. A license issued to any reserve peace officer as defined in Penal Code §
830.6(a) or (b), or a custodial officer employed by the Sheriff as provided in
Penal Code § 831.5 will be valid for a period not to exceed four years, except
that such license shall be invalid upon the individual’s conclusion of service as
a reserve officer.
(d) If the licensee’s place of residence was the basis for issuance of a license and the
licensee moves out of the county of issuance, the license shall expire 90 days after
the licensee has moved (Penal Code § 26210).
(e) The licensee shall notify this department in writing within 10 days of any change of
place of residency.

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218.6.1 LICENSE RESTRICTIONS

(a) The Chief of Police may place special restrictions limiting time, place, manner and
circumstances under which any license shall be valid. In general, these restrictions
will prohibit the licensee from:
1. Consuming any alcoholic beverage while armed.
2. Falsely representing him/herself as a peace officer.
3. Unjustified or unreasonable displaying of a firearm.
4. Committing any crime.
5. Being under the influence of any medication or drug while armed.
6. Interfering with any law enforcement officer’s duties.
7. Refusing to display his/her license or firearm for inspection upon demand of any
peace officer.
8. Loading the permitted firearm with illegal ammunition.
(b) The Chief of Police reserves the right to inspect any license or licensed firearm at
any time.
(c) The alteration of any previously approved firearm including, but not limited to adjusting
the trigger pull, adding laser sights or modifications shall void any license and serve
as grounds for revocation.

218.6.2 AMENDMENTS TO LICENSES

Any licensee may apply to amend a license at any time during the period of validity by completing
and submitting a written Application for License Amendment along with the current processing fee
to the Department in order to (Penal Code § 26215):
(a) Add or delete authority to carry a firearm listed on the license.
(b) Change restrictions or conditions previously placed on the license.
(c) Change the address or other personal information of the licensee (Penal Code §
26210).
In the event that any amendment to a valid license is approved by the Chief of Police, a new
license will be issued reflecting the amendment. An amendment to any license will not serve to
extend the original expiration date and an application for an amendment will not constitute an
application for renewal of the license.

218.6.3 REVOCATION OF LICENSES

Any license issued pursuant to this policy may be immediately revoked by the Chief of Police for
any of the following reasons:
(a) The licensee has violated any of the restrictions or conditions placed upon the license.

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(b) The licensee becomes psychologically unsuitable to carry a firearm.

(c) The licensee is determined to be within a prohibited class described in Penal Code
§ 29800, Penal Code § 29900, Welfare and Institutions Code § 8100, Welfare and
Institutions Code § 8103 or any state or federal law.
(d) The licensee engages in any conduct which involves a lack of good moral character or
that might otherwise remove the good cause for the original issuance of the license.
(e) If the license is one to carry “loaded and exposed,” the license shall be revoked
immediately upon a change of the licensee’s place of residence to another county
(Penal Code § 26210).
The issuance of a license by the Chief of Police shall not entitle the holder to either a property
or liberty interest as the issuance, amendment or revocation of such license remains exclusively
within the discretion of the Chief of Police as set forth herein.
If any license is revoked, the Department will immediately notify the licensee in writing and the
California DOJ (Penal Code § 26225).

218.6.4 LICENSE RENEWAL

No later than 90 days prior to the expiration of any valid license to carry a firearm, the licensee
may apply to the Chief of Police for a renewal by:
(a) Verifying all information submitted in the original application under penalty of perjury.
(b) Completing a department-approved training course pursuant to Penal Code § 26165.
The applicant shall not be required to pay for a training course prior to the
determination of good cause (Penal Code § 26165).
(c) Submitting any firearm to be considered for a license renewal to the Range Sergeant
for a full safety inspection. The Chief of Police reserves the right to deny a license
for any firearm that has been altered from the manufacturer’s specifications or that is
unsafe (Penal Code § 31910).
(d) Paying a non-refundable renewal application fee.
Once the Chief of Police or authorized designee has verified the successful completion of the
renewal process, the renewal of the license to carry a firearm will either be granted or denied.
Prior issuance of a license shall not entitle any licensee to any property or liberty right to renewal.
Whether an application for renewal is approved or denied, the applicant shall be notified in writing
within 90 days of the renewal application or within 30 days after receipt of the applicant’s criminal
background check from the California DOJ, whichever is later (Penal Code § 26205).

218.7 DEPARTMENT REPORTING AND RECORDS

Pursuant to Penal Code § 26225, the Chief of Police shall maintain a record of the following and
immediately provide copies of each to the California DOJ:

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(a) The denial of a license

(b) The denial of an amendment to a license
(c) The issuance of a license
(d) The amendment of a license
(e) The revocation of a license
The Chief of Police shall annually submit to the State Attorney General the total number of licenses
to carry firearms issued to reserve peace officers and judges.

218.8 CONFIDENTIAL RECORDS

The home address and telephone numbers of any peace officer, public defender, prosecutor,
magistrate, court commissioner or judge contained in an application shall not be considered public
record (Government Code § 6254(u)(2)).
Any information in an application for a license to carry a firearm that indicates when or where the
applicant is vulnerable to attack or that concerns the applicant’s medical or psychological history
or that of his/her family shall not be considered public record (Government Code § 6254(u)(1)).

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Retired Officer CCW/HR 218 Endorsements

220.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the issuance, denial, suspension or
revocation of Oxnard Police Department identification cards under the Law Enforcement Officers’
Safety Act (LEOSA) and California law (18 USC § 926C; Penal Code § 25455).

220.2 POLICY
It is the policy of the Oxnard Police Department to provide identification cards to qualified former
or retired officers as provided in this policy.

220.2.1 APPLICATION PROCESS

The CCW application process for retirees is as follows:

(a) Sign a waiver of liability of the Department for all acts taken related to carrying
a concealed firearm, acknowledge both his/her personal responsibility as a private
person for all acts taken when carrying a concealed firearm and also that these acts
were not taken as an employee or former employee of the Department.
(b) The applicant shall be required to submit to Live-Scan fingerprinting.
(c) Normal CCW fees to the Department of Justice and the City of Oxnard are provided
by the City of Oxnard.
(d) Qualification within 12 months on the firearms(s) to be covered by the CCW. A copy
or certificate of qualification will be kept in the CCW file in Records.

220.3 LEOSA
The Chief of Police may issue an identification card for LEOSA purposes to any qualified
former officer of this department who (18 USC § 926C(c)):
(a) Separated from service in good standing from this department as an officer.
(b) Before such separation, had regular employment as a law enforcement officer for an
aggregate of 10 years or more or, if employed as a law enforcement officer for less
than 10 years, separated from service after completing any applicable probationary
period due to a service-connected disability as determined by this department.
(c) Has not been disqualified for reasons related to mental health.
(d) Has not entered into an agreement with this department where the officer
acknowledges that he/she is not qualified to receive a firearm qualification certificate
for reasons related to mental health.
(e) Is not prohibited by federal law from receiving or possessing a firearm.

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220.3.1 LEOSA IDENTIFICATION CARD FORMAT

The LEOSA identification card should contain a photograph of the former officer and identify him/
her as having been employed as an officer.
If the Oxnard Police Department qualifies the former officer, the LEOSA identification card or
separate certification should indicate the date the former officer was tested or otherwise found by
the Department to meet the active duty standards for qualification to carry a firearm.

220.3.2 AUTHORIZATION
Any qualified former law enforcement officer, including a former officer of this department, may
carry a concealed firearm under 18 USC § 926C when he/she is:
(a) In possession of photographic identification that identifies him/her as having been
employed as a law enforcement officer, and one of the following:
1. An indication from the person’s former law enforcement agency that he/she has,
within the past year, been tested or otherwise found by the law enforcement
agency to meet agency-established active duty standards for qualification in
firearms training to carry a firearm of the same type as the concealed firearm.
2. A certification, issued by either the state in which the person resides or by a
certified firearms instructor who is qualified to conduct a firearms qualification
test for active duty law enforcement officers within that state, indicating that the
person has, within the past year, been tested or otherwise found to meet the
standards established by the state or, if not applicable, the standards of any
agency in that state.
(b) Not under the influence of alcohol or another intoxicating or hallucinatory drug or
substance.
(c) Not prohibited by federal law from receiving a firearm.
(d) Not in a location prohibited by California law or by a private person or entity on his/her
property if such prohibition is permitted by California law.

220.4 CALIFORNIA IDENTIFICATION CARD ISSUANCE

Any full-time sworn officer of this department who was authorized to, and did, carry a concealed
firearm during the course and scope of his/her employment shall be issued an identification card
with a Carrying Concealed Weapon endorsement, "CCW Approved," upon honorable retirement
(Penal Code § 25455).
(a) For the purpose of this policy, honorably retired includes all peace officers who have
qualified for, and accepted, a service or disability retirement. It shall not include
any officer who retires in lieu of termination.
(b) No CCW Approved endorsement shall be issued to any officer retiring because of a
psychological disability (Penal Code § 26305).

220.4.1 CALIFORNIA IDENTIFICATION CARD FORMAT

The identification card issued to any qualified and honorably retired officer shall be 2 inches by 3
inches, and minimally contain (Penal Code § 25460):

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(a) A photograph of the retiree.

(b) The retiree’s name and date of birth.
(c) The date of retirement.
(d) The name and address of this department.
(e) A stamped CCW Approved endorsement along with the date by which the
endorsement must be renewed (not more than every five years). If a CCW
endorsement has been denied or revoked, the identification card shall be stamped
“No CCW Privilege.”

220.4.2 QUALIFIED RETIREES FROM INCORPORATED JURISDICTION

The Oxnard Police Department shall provide an identification card with a CCW Approved
endorsement to honorably retired peace officers from any jurisdiction that this department now
serves under the following conditions (Penal Code § 25905):
(a) The retiree's previous agency is no longer providing law enforcement services or the
relevant government body is dissolved.
(b) This department is in possession of the retiree’s complete personnel record or can
verify the retiree’s honorably retired status.
(c) The retiree is in compliance with all of the requirements of this department for the
issuance of a CCW Approved endorsement.

220.4.3 QUALIFIED RETIRED RESERVES

Qualified retired reserve officers who meet the department requirements shall be provided an
identification card with a CCW Approved endorsement (Penal Code § 26300).

220.5 FORMER OFFICER RESPONSIBILITIES

A former officer with a card issued under this policy shall immediately notify the Watch Commander
of his/her arrest or conviction in any jurisdiction, or that he/she is the subject of a court order, in
accordance with the Reporting of Employee Convictions policy.

220.5.1 RESPONSIBILITIES UNDER LEOSA

In order to obtain or retain a LEOSA identification card, the former officer shall:
(a) Sign a waiver of liability of the Department for all acts taken related to carrying a
concealed firearm, acknowledging both his/her personal responsibility as a private
person for all acts taken when carrying a concealed firearm as permitted by LEOSA
and also that these acts were not taken as an employee or former employee of the
Department.
(b) Remain subject to all applicable department policies and federal, state and local laws.
(c) Demonstrate good judgment and character commensurate with carrying a loaded and
concealed firearm.

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220.5.2 MAINTAINING A CALIFORNIA IDENTIFICATION CARD CCW ENDORSEMENT

In order to maintain a CCW Approved endorsement on an identification card issued under
California law, the retired officer shall (Penal Code § 26305):
(a) Qualify annually with the authorized firearm on a course of fire approved by this
department at the retired officer’s expense.
(b) Remain subject to all applicable department policies and federal, state and local laws.
(c) Not engage in conduct that compromises public safety.
(d) Only be authorized to carry a concealed firearm inspected and approved by the
Department.

220.6 DENIAL, SUSPENSION OR REVOCATION OF A LEOSA IDENTIFICATION CARD

A LEOSA identification card may be denied or revoked upon a showing of good cause as
determined by the Department. In the event that an identification card is denied, suspended or
revoked, the former officer may request a review by the Chief of Police. The decision of the Chief
of Police is final.

220.7 FIREARM QUALIFICATIONS

The Range Sergeant may provide former officers from this department an opportunity to qualify.
Written evidence of the qualification and the weapons used will be provided and will contain the
date of the qualification. Range Staff will maintain a record of qualifications by retirees who qualify
at a Department range session.
The Professional Standards Division will maintain a record of the qualifications for California
resident retirees who qualify with a rangemaster who is not a member of Oxnard Police
Department's Range Staff. It is the responsibility of the retiree to submit the qualification record
to the Department.

220.8 DENIAL, SUSPENSION OR REVOCATION OF A CALIFORNIA CCW

ENDORSEMENT CARD
A CCW endorsement under Penal Code § 25470 for any officer retired from this department
may be denied or revoked only upon a showing of good cause. The CCW endorsement may be
immediately and temporarily revoked by the Watch Commander when the conduct of a retired
peace officer compromises public safety.
(a) In the event that a CCW endorsement is initially denied, the retired officer shall have 15
days from the date of denial to request a formal hearing. The failure to submit a timely
written request for a hearing shall be deemed a waiver of such right. The hearing,
absent written agreement between the parties, shall be held no later than 120 days
after the request is received.
(b) Prior to revocation of any CCW endorsement, the Department shall provide the
affected retiree with written notice of a hearing by either personal service or first class
mail, postage prepaid, return receipt requested to the retiree’s last known address
(Penal Code § 26315).

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1. The retiree shall have 15 days from the date of service to file a written request
for a hearing.
2. The hearing, absent written agreement between the parties, shall be held no
later than 120 days after the request is received (Penal Code § 26315).
3. The failure to submit a timely written request for a hearing shall be deemed a
waiver of such right.
(c) A hearing for the denial or revocation of any CCW endorsement shall be conducted
before a hearing board composed of three members, one selected by the Department,
one selected by the retiree or his/her employee organization and one selected jointly
(Penal Code § 26320).
1. The decision of such hearing board shall be binding on the Department and the
retiree.
2. Any retiree who waives the right to a hearing or whose CCW endorsement
has been revoked at a hearing shall immediately surrender his/her identification
card. The Department will then reissue a new identification card which shall be
stamped “No CCW Privilege.”
(d) Members who have reason to suspect the conduct of a retiree has compromised
public safety shall notify the Watch Commander as soon as practicable. The Watch
Commander should promptly take appropriate steps to look into the matter and,
if warranted, contact the retiree in person and advise him/her of the temporary
suspension and hearing information listed below.
1. Notification of the temporary suspension should also be promptly mailed to the
retiree via first class mail, postage prepaid, return receipt requested (Penal Code
§ 26312).
2. The Watch Commander should document the investigation, the actions taken
and, if applicable, any notification made to the retiree. The memo should be
forwarded to the Chief of Police.
3. The personal and written notification should be as follows:
(a) The retiree’s CCW endorsement is immediately and temporarily
suspended.
(b) The retiree has 15 days to request a hearing to determine whether the
temporary suspension should become permanent revocation.
(c) The retiree will forfeit his/her right to a hearing and the CCW endorsement
will be permanently revoked if the retiree fails to respond to the notice of
hearing within the 15-day period.
4. In the event that personal contact with the retiree cannot be reasonably achieved
in a timely manner, the Watch Commander should attempt to make the above
notice of temporary suspension through another law enforcement officer. For
example, if a retiree was arrested or detained by a distant agency, the Watch
Commander may request that a law enforcement officer from that agency act as
the agent of the Department to deliver the written notification.

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Chapter 3 - General Operations

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Use of Force
300.1 PURPOSE AND SCOPE
This policy provides guidelines on the reasonable use of force. While there is no way to specify
the exact amount or type of reasonable force to be applied in any situation, every member of this
department is expected to use these guidelines to make such decisions in a professional, impartial
and reasonable manner.

300.1.1 DEFINITIONS
Definitions related to this policy include:
(a) Deadly Force-Force reasonably anticipated and intended to create a substantial
likelihood of causing death or very serious injury.
(b) Force-The application of physical techniques or tactics, chemical agents or weapons
to another person. It is not a use of force when a person allows him/herself to be
searched, escorted, handcuffed or restrained.
(c) Resistance-Any action, either verbal or physical, that indicates a subject's intentions
not to comply with officer(s). This generally occurs in two forms:
1. Passive Resistance-The subject does not cooperate with an officer's
commands but does not take action to prevent being taken into custody (i.e. A
protestor who lies down in front of a business)
2. Active Resistance-The subject takes action to prevent being taken into custody
with the goal of escape, and not injury to the officer. This action may include
twisting, pulling, holding onto fixed objects, or running away.
(d) Assaultive-The subject takes action that indicates intent to injure an officer. This
level of aggression may manifest itself through punching, kicking, or pushing and may
include extreme physical force up to and including the discharge of a firearm or use
of a blunt or bladed weapon.

300.2 POLICY
The use of force by law enforcement personnel is a matter of critical concern, both to the public
and to the law enforcement community. Officers are involved on a daily basis in numerous and
varied interactions and, when warranted, may use reasonable force in carrying out their duties.
Officers must have an understanding of, and true appreciation for, their authority and limitations.
This is especially true with respect to overcoming resistance while engaged in the performance
of law enforcement duties.
The Department recognizes and respects the value of all human life and dignity without prejudice
to anyone. Vesting officers with the authority to use reasonable force and to protect the public
welfare requires monitoring, evaluation and a careful balancing of all interests.

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300.2.1 DUTY TO INTERCEDE

Any officer present and observing another officer using force that is clearly beyond that which
is objectively reasonable under the circumstances shall, when in a position to do so, intercede
to prevent the use of unreasonable force. An officer who observes another employee use force
that exceeds the degree of force permitted by law should promptly report these observations to
a supervisor.

300.3 USE OF FORCE

Officers shall use only that amount of force that reasonably appears necessary given the facts
and circumstances perceived by the officer at the time of the event to accomplish a legitimate law
enforcement purpose.
The reasonableness of force will be judged from the perspective of a reasonable officer on the
scene at the time of the incident. Any evaluation of reasonableness must allow for the fact that
officers are often forced to make split-second decisions about the amount of force that reasonably
appears necessary in a particular situation, with limited information and in circumstances that are
tense, uncertain and rapidly evolving.
Given that no policy can realistically predict every possible situation an officer might encounter,
officers are entrusted to use well-reasoned discretion in determining the appropriate use of force
in each incident.
It is also recognized that circumstances may arise in which officers reasonably believe that it
would be impractical or ineffective to use any of the tools, weapons or methods provided by the
Department. Officers may find it more effective or reasonable to improvise their response to rapidly
unfolding conditions that they are confronting. In such circumstances, the use of any improvised
device or method must nonetheless be reasonable and utilized only to the degree that reasonably
appears necessary to accomplish a legitimate law enforcement purpose.
While the ultimate objective of every law enforcement encounter is to avoid or minimize injury,
nothing in this policy requires an officer to retreat or be exposed to possible physical injury before
applying reasonable force.

300.3.1 USE OF FORCE TO EFFECT AN ARREST

Any peace officer may use reasonable force to effect an arrest, to prevent escape, or to overcome
resistance. A peace officer who makes or attempts to make an arrest need not retreat or desist
from his/her efforts by reason of resistance or threatened resistance on the part of the person
being arrested nor shall an officer be deemed the aggressor or lose his/her right to self-defense
by the use of reasonable force to effect the arrest, prevent escape or to overcome resistance
(Penal Code § 835).

300.3.2 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE

When determining whether to apply force and evaluating whether an officer has used reasonable
force, a number of factors should be taken into consideration, as time and circumstances permit.
These factors include, but are not limited to:

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(a) Immediacy and severity of the threat to officers or others.

(b) The conduct of the individual being confronted, as reasonably perceived by the officer
at the time.
(c) Officer/subject factors (age, size, relative strength, skill level, injuries sustained, level
of exhaustion or fatigue, the number of officers available vs. subjects).
(d) The effects of drugs or alcohol.
(e) Subject's mental state or capacity.
(f) Proximity of weapons or dangerous improvised devices.
(g) The degree to which the subject has been effectively restrained and his/her ability to
resist despite being restrained.
(h) The availability of other options and their possible effectiveness.
(i) Seriousness of the suspected offense or reason for contact with the individual.
(j) Training and experience of the officer.
(k) Potential for injury to officers, suspects, and others.
(l) Whether the person appears to be resisting, attempting to evade arrest by flight, or
is assaulting the officer.
(m) The risk and reasonably foreseeable consequences of escape.
(n) The apparent need for immediate control of the subject or a prompt resolution of the
situation.
(o) Whether the conduct of the individual being confronted no longer reasonably appears
to pose an imminent threat to the officer or others.
(p) Prior contacts with the subject or awareness of any propensity for violence.
(q) Any other exigent circumstances.

300.3.3 PAIN COMPLIANCE TECHNIQUES

Pain compliance techniques may be effective in controlling a physically or actively resisting
individual. Officers may only apply those pain compliance techniques for which they have
successfully completed department-approved training. Officers utilizing any pain compliance
technique should consider:
(a) The degree to which the application of the technique may be controlled given the level
of resistance.
(b) Whether the person can comply with the direction or orders of the officer.
(c) Whether the person has been given sufficient opportunity to comply.

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The application of any pain compliance technique shall be discontinued once the officer
determines that compliance has been achieved.

300.3.4 CAROTID CONTROL HOLD

The proper application of the carotid control hold may be effective in restraining a violent or
assaultive individual. However, due to the potential for injury, the use of the carotid control hold
is subject to the following:
(a) The officer shall have successfully completed department-approved training in the use
and application of the carotid control hold.
(b) The carotid control hold may only be used when circumstances perceived by the officer
at the time indicate that such application reasonably appears necessary to control a
person in any of the following circumstances:
1. The subject is violent or physically assaultive.
2. The subject, by words or actions, has demonstrated an intention to be violent
and reasonably appears to have the potential to harm officers, him/herself, or
others.
(c) The application of a carotid control hold on the following individuals should generally be
avoided unless the totality of the circumstances indicates that other available options
reasonably appear ineffective, or would present a greater danger to the officer, the
subject or others, and the officer reasonably believes that the need to control the
individual outweighs the risk of applying a carotid control hold:
1. Females who are known to be pregnant
2. Elderly individuals
3. Obvious juveniles
(d) Any individual who has had the carotid control hold applied, regardless of whether he/
she was rendered unconscious, shall be promptly examined by paramedics or other
qualified medical personnel and should be monitored until examined by paramedics
or other appropriate medical personnel.
(e) The officer shall inform any person receiving custody, or any person placed in a
position of providing care, that the individual has been subjected to the carotid control
hold and whether the subject lost consciousness as a result.
(f) Any officer attempting or applying the carotid control hold shall promptly notify a
supervisor of the use or attempted use of such hold.
(g) The use or attempted use of the carotid control hold shall be thoroughly documented
by the officer in any related reports.

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300.3.5 USE OF FORCE TO SEIZE EVIDENCE

In general, officers may use reasonable force to lawfully seize evidence and to prevent the
destruction of evidence. However, officers are discouraged from using force solely to prevent
a person from swallowing evidence or contraband. In the instance when force is used, officers
should not intentionally use any technique that restricts blood flow to the head, restricts respiration
or which creates a reasonable likelihood that blood flow to the head or respiration would be
restricted. Officers are encouraged to use techniques and methods taught by the Oxnard Police
Department for this specific purpose.

300.4 DEADLY FORCE APPLICATIONS

Use of deadly force is justified in the following circumstances:
(a) An officer may use deadly force to protect him/herself or others from what he/she
reasonably believes would be an imminent threat of death or serious bodily injury.
(b) An officer may use deadly force to stop a fleeing subject when the officer has probable
cause to believe that the person has committed, or intends to commit, a felony
involving the infliction or threatened infliction of serious bodily injury or death, and
the officer reasonably believes that there is an imminent risk of serious bodily injury
or death to any other person if the subject is not immediately apprehended. Under
such circumstances, a verbal warning should precede the use of deadly force, where
feasible.
Imminent does not mean immediate or instantaneous. An imminent danger may exist
even if the suspect is not at that very moment pointing a weapon at someone. For
example, an imminent danger may exist if an officer reasonably believes any of the
following:
1. The person has a weapon or is attempting to access one and it is reasonable to
believe the person intends to use it against the officer or another.
2. The person is capable of causing serious bodily injury or death without a weapon
and it is reasonable to believe the person intends to do so.

300.4.1 SHOOTING AT OR FROM MOVING VEHICLES

Shots fired at or from a moving vehicle are rarely effective. Officers should move out of the path of
an approaching vehicle instead of discharging their firearm at the vehicle or any of its occupants.
An officer should only discharge a firearm at a moving vehicle or its occupants when the officer
reasonably believes there are no other reasonable means available to avert the threat of the
vehicle, or if deadly force other than the vehicle is directed at the officer or others.
Officers should not shoot at any part of a vehicle in an attempt to disable the vehicle.

300.5 REPORTING THE USE OF FORCE

Any use of force by a member of this department shall be documented promptly, completely and
accurately in an appropriate report, depending on the nature of the incident. The officer should

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articulate the factors perceived and why he/she believed the use of force was reasonable under the
circumstances. To collect data for purposes of training, resource allocation, analysis and related
purposes, the Department may require the completion of additional report forms, as specified in
department policy, procedure or law.

300.5.1 NOTIFICATION TO SUPERVISORS

Supervisory notification shall be made as soon as practical following the application of force in
any of the following circumstances:
(a) The application caused a visible injury.
(b) The individual subjected to the force complained of injury or continuing pain.
(c) The individual indicates intent to pursue litigation.
(d) Any application of an ECD or control device (as defined in Oxnard Police Department
§308).
(e) Any application of a restraint device other than handcuffs, shackles or belly chains.
(f) A carotid control hold was applied.
(g) A firearm was discharged either intentionally or unintentionally.
(h) The individual subjected to the force was rendered unconscious.
(i) The individual was struck or kicked.
(j) The individual alleges any of the above has occurred.
The notification shall include details of the actions and observations of the officer(s) involved, any
statements made by the subject the force was used on, and the statements and identity of any
witnesses. Whenever a suspect or witness makes an allegation of excessive force or misconduct,
any involved officer or witness officer with knowledge of such statements shall notify a supervisor
of the allegation.

300.5.2 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE

Statistical data regarding all officer-involved shootings and incidents involving use of force
resulting in serious bodily injury is to be reported to the California Department of Justice as required
by Government Code § 12525.2.

300.6 MEDICAL CONSIDERATION

Medical assistance shall be obtained for any person who exhibits signs of physical distress,
who has sustained visible injury, expresses a complaint of injury or continuing pain, or who was
rendered unconscious. Any individual exhibiting signs of physical distress after an encounter
should be continuously monitored until he/she can be medically assessed.
Based upon a supervisor's initial assessment of the nature and extent of the subject's injuries,
medical assistance may consist of examination by fire personnel, paramedics, hospital staff, or
medical staff at the jail. If any such individual refuses medical attention, such a refusal shall be

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fully documented in related reports and, whenever practicable, should be witnessed by another
officer and/or medical personnel.
The on-scene supervisor, or if not available, the primary handling officer shall ensure that any
person providing medical care or receiving custody of a person following any use of force is
informed that the person was subjected to force. This notification shall include a description of the
force used and any other circumstances the officer reasonably believes would be potential safety
or medical risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration).
Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse
sweating, extraordinary strength beyond their physical characteristics and imperviousness to pain
(sometimes called "excited delirium"), or who require a protracted physical encounter with multiple
officers to be brought under control, may be at an increased risk of sudden death. Calls involving
these persons should be considered medical emergencies. Officers who reasonably suspect a
medical emergency should request medical assistance as soon as practicable and have medical
personnel stage as close as is reasonably safe.

300.7 SUPERVISOR RESPONSIBILITY

When a supervisor is able to respond to an incident in which there has been a reported application
of force, the supervisor is expected to:
(a) Obtain the basic facts from all officers present during the use of force. Every attempt
should be made to interview the involved officers seperately. Absent an allegation of
misconduct or excessive force, this will be considered a routine contact in the normal
course of duties.
(b) Ensure that any injured parties are examined and treated.
(c) Supervisors shall prepare a Use of Force report when any of the following occur:
1. The application of force appears to have caused physical injury.
2. The individual has expressed a complaint of pain.
3. Any deployment or discharge of a chemical agent, electronic control device,
impact weapon, carotid control hold, or firearm, regardless of whether the
subject sustained an injury.
4. Any strikes such as palm heel, elbow, knee, kicks, or closed fist, regardless of
whether the subject sustained an injury.
5. The individual has been rendered unconscious.
6. The use of the body restraint device and/or RIPP hobble device.
(d) Once any initial medical assessment has been completed or first aid has been
rendered, ensure that sufficient and quality photographs are taken of the suspect and
victim officers (if appropriate), to include any areas involving visible injury or complaint
of pain, as well as overall photographs of uninjured areas. Photographs of the location

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of the incident should be taken as well. These photographs should be retained until
all potential for civil litigation has expired.
(e) Ensure that all witnesses are located, identified, and interviewed by uninvolved
officers. This may be accomplished through a canvass of the area.
(f) Review and approve all related reports as appropriate.
(g) Review all audio and video recordings, if available.
(h) The need for a suspect interview should be discussed with the on duty watch
commander. An interview shall only occur after a Miranda waiver has been
obtained. Involved officers should not be present during the interview. If an interview
is obtained, a follow up report shall be completed. The following factors should be
considered when determining the need for the interview:
1. The subject may pursue civil litigation,
2. Lack of independant witness statements,
3. Lack of audio or video recording,
4. Seriousness of injury,
5. Inconsistant statements.
(i) If there is any indication of a policy violation by the officer(s), and/or that the subject
may pursue civil litigation, notification shall be made to Professional Standards through
the supervisor’s commander.
(j) Evaluate the circumstances surrounding the incident and initiate an administrative
investigation if there is a question of policy non-compliance or if for any reason further
investigation may be appropriate.
In the event that a supervisor is unable to respond to the scene of an incident involving the reported
application of force, the supervisor is still expected to complete as many of the above items as
circumstances permit.
Supervisors involved in an application of force, whether directing officers to apply force or actively
applying force, shall have another supervisor respond to prepare the use of force report when
practical. If the supervisor is on scene and merely witnesses a use of force, that supervisor may
complete the use of force report.

300.8 USE OF FORCE REVIEW

Use of force reports completed by supervisors will be named with the case number, "UOF", and
the officer's last name (i.e."12-12345 UOF Jones") and forwarded to the appropriate commander.
The commander will review and email the completed use of force report to the "DL-Use of Force"
distribution list (Professional Standards Commander, Special Operations Commander, Internal
Affairs Sergeants, and the DETAC Sergeant). The commander review shall occur in a timely
manner.

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The review of use of force reports and any recommendation for additional action or follow-up will be
the responsibility of the Professional Standards and Special Operations Commanders. Additional
subject matter experts within the department may be forwarded the use of force report for review
and to provide input.

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 Policy Oxnard Police Department
305 Oxnard PD Policy Manual

Critical Incidents
305.1 PURPOSE AND SCOPE
To establish a policy for the comprehensive investigation of critical incidents involving police
personnel and to provide guidance and procedures for involved personnel.

305.2 METHOD
The complexity of critical incidents is such that a set policy cannot be formulated to cover every
facet of these cases. Therefore, the following procedures may not be appropriate in all cases.
Should the nature of the incident be such that some or all of these procedures cannot be
followed, the investigation shall proceed under the philosophy that the interests of the employee,
Department, and the public require that investigation and review of these incidents be conducted
in the most thorough and objective manner possible. The purpose of such an investigation will be
to reconstruct and determine all of the facts surrounding the incident.
"Critical incidents" addressed include, but may not be limited to, the following incidents:

(a) Shooting incidents in which a person is struck by police gunfire.

(b) Shooting incidents in which an occupied vehicle or a structure is struck by police
gunfire.
(c) Any incident in which a person dies, suffers a life-threatening injury, or is admitted to
the hospital for treatment beyond a medical clearance as a result of police action.
(d) An incident involving the use of deadly force by an officer of this department whether
or not an injury is inflicted.

305.3 PROCEDURE

305.3.1 INITIAL ACTIVITIES AND RESPONSIBILITIES

(a) Involved Officer(s):
1. Care for injured person(s).
2. Call for appropriate medical aid.
3. Apprehend suspect(s).
4. Control and protect the scene.
5. Notify dispatch of the incident and request a supervisor.
6. Cause pertinent information to be broadcast (i.e., ATLs).
7. Locate, identify, and detain any and all witnesses in the area and obtain
statements (do not attempt to do in-depth interviews).

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8. Keep witnesses separated.

9. Using proper techniques, seek dying declarations if appropriate.
(b) If transporting witnesses, obtain his/her permission (audio recorded if possible). If the
witnesses refuse to be transported, obtain a statement (record all witness statements).
(c) If involved, do not discuss the incident with others.
(d) Provide preliminary and public safety information to the first supervisor available on
the scene.
(e) First supervisor on scene:
1. Ensure that all steps above have been complied with.
2. Ensure integrity of physical evidence and witness statements.
(a) Direct officer(s) to accompany wounded person(s) to hospital.
(b) Direct officer(s) to collect clothing and other property from wounded
person(s) during medical treatment (in field and hospital).
(c) Arrange for obtaining a "dying declaration" if necessary.
(d) Canvass the surrounding area for potential witnesses.
3. Determine from all involved officers what occurred and what steps have been
taken prior to the arrival of the supervisor. In the case of an officer-involved
shooting, determine the number of shots fired and what direction those shots
were fired (Public safety information).
(a) Number of shots fired and direction.
(b) Did the suspect fire any rounds and in what direction?
(c) Are there any oustanding suspect(s)? Description and direction of
oustanding suspect(s).
(d) Was anyone injured? Where are they?
(e) The location of any involved parties or witnesses.
4. Direct necessary action to locate and apprehend outstanding suspect(s).
(a) Arrestees should not be transported from arrest scene until directed to do
so by Investigator(s), unless exigent circumstances so dictate.
(b) Cause updated information to be broadcast, if appropriate.
5. Keep comprehensive notes and file supplementary report if necessary.
6. Advise the Watch Commander of the circumstances and request the appropriate
investigators. This communication should be made by telephone, if possible, to
prevent unauthorized interception.

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7. Request and deploy sufficient personnel to secure the incident scene.

(a) Direct officer(s) to maintain control of incident until arrival of investigators,
then provide assistance as needed to contain the scene.
(b) Direct officer(s) to begin and maintain a Critical Incident Log (OPD Form
#203).
8. Provide support and assistance to the investigators. Coordinate all efforts with
investigators prior to releasing any witness or pertinent officers.
9. At the appropriate time, the field supervisor or Major Crimes supervisor shall
examine the involved weapon(s), note the condition, and seize and secure
the weapon(s) if necessary. If possible, the weapon used should remain in
the possession of the involved officer until seized as evidence by investigative
personnel at the station. If the weapon must be seized at the scene, the involved
officer shall be informed of the following:
(a) The weapon is being seized as physical evidence.
(b) The weapon is being taken for that purpose alone.
(c) A replacement weapon will be issued as soon as practical.
1. The weapon will be left in the seized condition.
2. If it is determined that an immediate enforcement/defensive situation
still exists, do not leave the officer unarmed.
3. Disarming the officer must be done discretely and in a manner which
does not imply any wrongdoing by the involved officer.
(d) At the earliest possible time after the situation stabilizes, have the involved
officer driven to the Department. This may be done by the supervisor or
his designee.
(f) Watch Commander
1. Ensure that a supervisor (either by rank or designated) responds to the scene.
2. Establish and maintain a Critical Incident Notification Checklist, including the
names of persons notified and time of notification:
(a) On-call Duty Chief and Chief of Police
(b) Investigative Services Bureau Commander
(c) Major Crimes Sergeant
(d) Professional Standards Commander
(e) OPOA President or designee
(f) Legal Counsel for City

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(g) City Insurance Provider

(h) District Attorney's Office
(i) Trauma Support Team
3. Immediately notify the Investigative Services Bureau (ISB) Commander, or
in his/her absence the Major Crimes Sergeant, the Professional Standards
Commander, Oxnard Peace Officers Association (OPOA) President (or other
OPOA officer or board member in the president's absence) and request
response.
4. Notify the Duty Chief and Chief of Police.
5. Ensure adequate staffing level by calling in additional personnel as necessary.
6. Upon arrival of the involved officer(s) at the station, the Watch Commander shall:
(a) Ensure the issues related to the involved officer's firearm have been
addressed.
(b) If more than one officer is involved, then the Watch Commander will make
every effort to keep those involved in separate areas. At each location
where involved officers are waiting for investigators, an uninvolved officer
should accompany them.
7. Ensure that the officer(s) is isolated from unnecessary contact in a comfortable
area and is accompanied by an uninvolved officer.
(a) Uninvolved officers should not discuss the incident while accompanying
the involved officer(s) and be aware that they may be interviewed
regarding any statements.
(b) Contact the involved officer's chaplain of choice, OPOA president or board
member, family member, and/or peer counselor. Remind the officer that
he/she has these rights.
8. Advise the involved officer that he/she will be interviewed upon completion
of the scene investigation and needed interviews, and that he/she may have
a representative of his/her choice present. Assist the officer in securing a
representative (uninvolved in incident under investigation).
(a) Do not prematurely judge the officer's actions as proper/improper in
accordance to policy or statute. No statement should be made regarding
culpability of officer.
(b) Due to the nature of the investigation, officer(s) may have a lengthy wait
prior to any interview.

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9. In most circumstances, press releases will be handled by the Investigations

Bureau. They also may be completed by an assigned Press Information Officer.
Official press release information shall be prepared in compliance with this policy
manual.

305.3.2 INVESTIGATION
(a) All deadly force incident investigations will be the responsibility of the Investigative
Services Bureau (ISB) Commander.
1. The Major Crimes Sergeant and any member(s) of the Investigative Services
Bureau not involved in the incident may conduct the investigation.
2. Should the Major Crimes Sergeant be unavailable, the ISB Commander or Chief
of Police will assign a supervisor to the investigation. The selected supervisor
will head the investigation team and report directly to the ISB Commander.
(b) Major Crimes Sergeant will:
1. Immediately respond to the scene and coordinate the investigation.
2. Determine facts and the need for additional assistance.
3. Ensure that procedures are followed, including notification of the ISB
Commander, Professional Standards, collection of officer's involved weapon,
etc.
4. Call the district attorney's office regarding incident.
5. Contact the department counsel.
6. Coordinate activities related to the interview of the involved officer(s).
(c) Investigation Reports
1. All deadly force incidents will be issued a report number and will be documented
in the appropriate official report.
(a) A crime report will be completed in all cases in which the incident involves
criminal activity by any person.
(b) The report will contain all investigative findings, witness statements,
officer statements, physical evidence reports, evidence analysis reports,
diagrams and other supporting documents generated or developed during
the investigation.
2. The investigators will act under the authority of the Chief of Police, and all
members of the Department shall provide whatever assistance, information, or
support requested.

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3. The primary purpose of this investigation is to make a factual determination of

the incident.
(a) All causative factors, whether primary, secondary or peripheral, shall be
investigated and documented.
(b) All witnesses will be interviewed, and his/her statements audio-recorded
and documented.
(c) All physical evidence will be properly collected and preserved.
4. The assigned investigators have the primary responsibility for conducting the
investigation and interviewing all involved and/or concerned persons.
5. Operational supervision of the investigation will be provided by the ISB
Commander who will assign necessary additional staff and/or resources to the
investigators.
6. The investigation of a deadly force incident shall be considered to be equal to
the most significant criminal investigation.
(a) It shall be conducted in as complete, detailed, objective and thorough a
manner as possible, comparable to a homicide investigation.
(b) All laws of search and seizure shall be complied with during the
investigation.
(c) The investigator(s) shall comply with all applicable provisions of
Government Code § 3300 through § 3311.
(d) Medical Examiner Notification
(a) The criminal investigator(s) shall have the sole responsibility for notification of
the Medical Examiner's Office in cases involving fatalities.
(e) Final Investigative Report
(a) The final investigative report will include all supporting documentation. This
report will be reviewed by the Major Crimes Sergeant, ISB Commander, and
ISB Chief. The report will be reviewed to ensure that it is complete and contains
all supporting documentation and evidence prior to its release to the district
attorney's office or department counsel.

305.3.3 ADMINISTRATIVE INVESTIGATION

(a) An administrative investigation may be defined as an investigation to determine
whether the involved conduct or act(s) were consistent with department policy and/
or procedures.

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(b) After review of the incident by the Chief of Police, he/she shall determine if an
administrative investigation is necessary and when it will be initiated. The Chief of
Police will then make notification to the Professional Standards Unit, if applicable.
(c) The Professional Standards Division will conduct an investigation subordinate to the
criminal investigation.
(d) Professional Standards personnel will conduct an investigation of the incident (the
investigator may utilize the criminal investigation to assist in formulating his/her report).
1. The purpose of this investigation is to determine whether the incident was within
policy or out of policy.
2. The investigation, in conjunction with Policy Manual § 300, will also evaluate
training considerations relative to the use of weapons and force, and overall
response to the incident.
3. The results of the investigation shall be forwarded to the Chief of Police.
(e) The administrative investigators may conduct additional interviews of persons involved
and/or witnesses that deemed necessary in conducting the inquiry.
1. In addition, the investigators may review and examine evidence, and take other
actions as needed.
2. Any interview done with the officer(s) will be separate from the criminal
investigation and in compliance with:
(a) Government Code § 3300 through § 3311.
(b) Current case law.

305.3.4 DISTRICT ATTORNEY INVOLVEMENT

Representatives of the Ventura County District Attorney's Office will be notified as soon as possible
after an officer involved in deadly force incident has occurred. The representative will be told those
facts known to the investigating supervisor at the time of notification. The representative will be
given the location and name of an investigator to contact in the field, if necessary.
At the conclusion of the investigation, a complete copy of the criminal investigation will be
submitted to the district attorney with a request for analysis under current law.

305.3.5 MEDIA NOTIFICATION AND INVOLVEMENT

(a) The Public Information Officer or Watch Commander may, in major incidents or other
cases he/she feels appropriate, notify the media through a media release process
shortly after an incident occurs to allow on-scene coverage by the media. If such
a notification is made, the Public Information Officer, or another designee, will be
assigned to the scene and will handle all media contact there. Information about
incidents involving officers should be given by or approved by a command level

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officer, preferably the Investigation Division Commander. In all cases, the Investigative
Services Bureau Commander will be consulted prior to information about the involved
officers or the investigation is released to the media.
(b) As soon as practical after the incident, a written press release shall be prepared, which
should contain the following information.
1. Date, time and location of the incident.
2. Precipitating circumstances (e.g., radio call of 211, routine traffic stop, etc.) Brief
summary of the incident (e.g., "following the traffic stop, there was an exchange
of gunfire between the officer and occupants of the vehicle").
3. Identity of the involved officer(s).NOTE: The involved officer(s) shall be allowed
to complete personal notification to his/her immediate family prior to release of
his/her name to the media or public.
4. Identity of other involved person(s). This shall include a general description of
extent of injury(s), whether or not there is an outstanding suspect(s), a statement
that an investigation of the incident has begun, and that the Ventura County
District Attorney's office has been notified. NOTE: Identification of fatally injured
persons will not be released until next of kin has been notified. Authorized
release is given by the Medical Examiner's office.
(c) The press release shall be reviewed by the ISB Commander prior to release.
Information which might, in the judgment of the supervising investigator, compromise
the investigation or hamper efforts to identify and arrest outstanding suspect(s) will
not be included in the press release.
(d) Subsequent press releases will be issued by the ISB Commander through the Public
Information Officer as he/she deems appropriate.
(e) All press releases shall comply with and be issued in accordance with current policies
and current legal statutes.

305.3.6 INTERVIEW OF INVOLVED OFFICER(S) (CRIMINAL INVESTIGATION)

(a) The interview of involved officer(s) shall be coordinated by the Major Crimes Sergeant
or assigned investigator. The conduct and control of the interview rests entirely with
the investigators.
1. The Professional Standards Division may monitor the investigation and interview
of the involved officer(s).
2. The Professional Standards Division will not take an active part in the criminal
investigation.
(b) The interviewing investigator shall comply with all applicable provisions of Government
Code § 3300 through §3311 and current court decisions, including advising of right to
and OPOA representative and right against self incrimination.

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(c) The interview with the involved officers(s) shall occur at the earliest possible time
consistent with proper investigative techniques, preservation of the officer's rights, and
notification of the OPOA.
1. The interview of involved officer(s) will not be conducted until the OPOA
President has been notified of the incident and afforded the opportunity to
respond to the location of the involved officer(s) to personally contact such
officer(s) or designate another representative to respond. In the president's
absence, another OPOA officer or board member shall be notified and afforded
the same opportunities.
(d) The involved officer(s) shall be given a reasonable opportunity to have a
representative of his/her choice (excluding other involved officers) present during
the interview, and shall have the right to confer with a representative and attorney
(excluding other involved officers) prior to the interview.
(e) During the period prior to the interview, the officer(s) will be allowed to contact his/
her family and/or other persons (with the exception of other involved officers). The
officer(s) will also be allowed to, and assisted in, obtain personal requests such as
food, coffee, etc.
(f) At the beginning of the interview, the investigators will identify themselves and any
other persons present. If a representative of the District Attorney's Office is present,
the involved officer(s) shall be so informed. The investigators shall tell the involved
officer(s) that the interview is being digitally recorded.
(g) Recommended Interview Procedure (Criminal Investigations):
1. Involved officer(s) will be interviewed as required by applicable statutes and
court decisions.
2. If prior to, or during, an interview the investigator discovers the possibility of any
criminal conduct by the officer(s), the investigator shall:
(a) Stop the interview.
(b) Notify the ISB Commander and Chief of Police of the implications.

305.3.7 SUSPECTED CRIMINAL LIABILITY OF OFFICER(S)

(a) If at any time the Major Crimes Investigator believes that an officer(s) has committed a
crime, he/she shall immediately notify the Investigative Services Bureau Commander.
The Investigative Services Bureau Commander or his/her designee will brief the
Assistant Chiefs and Chief of Police.
(b) The Major Crimes Investigators shall advise the officer of his/her rights per Miranda,
and continue forward with the interview if possible as an impartial fact finder.

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305.4 DISSEMINATION OF CRITICAL INFORMATION

Whenever a serious incident takes place in the City of Oxnard, investigators should consider
completing an "Incident Summary" to be forwarded to the Watch Commander. Incidents that
should necessitate the summary include:
(a) Homicides that are actively being investigated and the investigation could affect patrol
operations or require assistance from patrol personnel.
(b) Serious ADW cases that are being actively investigated.
(c) Serious gang crimes where retaliation is likely (this would also include crimes involving
tagging crews).
(d) Serious incidents that result in investigator call out.
(e) Any other type of incident that would require significant patrol resources and/or involve
persons or circumstances that create a greater safety risk to patrol personnel if
contacted in the field.
Though the investigations sergeant overseeing the case will decide when the summary will be
completed, it is recommended that the on-duty Watch Commander be consulted for input in the
event it is decided the summary will not be completed.
The summary, when completed, will be given to the Watch Commander to be presented at briefing,
and will be maintained in a notebook labeled "Incident Summary Reports" kept in the Watch
Commander's Office. Additionally, there will be an "Incident Summary Supplemental" form that
will be used to update the original summary when needed. The completed supplemental form
will be attached to the original summary in the notebook, and will be presented at briefings to
keep officers up to date on the cases and their progress. The shift's Watch Commander, or the
most senior sergeant in the Watch Commander's absence, shall be responsible for ensuring that
information is relayed to squad room briefings on his/her shift.
The Incident Summary and Incident Summary Supplemental are confidential documents and will
not be duplicated or copied.

305.5 PSYCHOLOGICAL ASSISTANCE

Following a deadly force incident, officer(s) involved suffer significant emotional impact. The
impact varies with each individual and is unpredictable. In some cases there is no noticeable
change in the individual, and in others it may occur immediately, hours or days later. The
Professional Standards Division will ensure that the involved officer(s) confers with a department
psychologist within forty-eight (48) hours of the incident. If a department psychologist responds
directly to the scene of the critical incident and meets with the involved officer(s), the Professional
Standards Division will coordinate a post-incident appointment with a department psychologist
within five (5) days of the incident. The communication between the officer and psychologist will be
deemed confidential except that the psychologist will advise the Chief of Police or his/her designee
if he/she believes that the officer is fit for duty.

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305.6 REPORTS BY OFFICERS

Officer(s) directly involved in the deadly force incident shall prepare a complete written report
detailing their observations, actions and other factors related to the incident. In lieu of preparing
this report the officer may elect to participate in a voluntary interview conducted by a designated
uninvolved police officer or investigator. This report or interview shall be completed prior to
the officer securing from duty unless otherwise directed by the Investigative Services Bureau
Commander. The initial or crime report should be filed by an uninvolved officer, unless unusual
circumstances exist.

305.7 ADMINISTRATIVE LEAVE

The emotional and physical well-being of the involved officer(s) is of utmost importance during
the time immediately after a critical incident. The officer(s) directly involved in the incident may
be placed on administrative leave with pay by the Chief of Police or his/her designee after being
released by the investigators. Administrative leave with pay will be for an indeterminate period of
time, although the department will generally seek at least a 72-hour period of time off before an
officer returns to full-duty. No officer(s) will be authorized to return to full-duty without the clearance
of a department psychologist. The decision to return an officer to full-duty is a critical step in his/
her emotional recovery and will only be made after consulting with the involved officer(s).
Prior to their return to full-duty, involved officer(s) may be required to complete a firearms
qualification course in accordance with Policy Manual § 312.4.
The officer(s) placed on administrative leave will be provided written instructions by the
Professional Standards Division as to their responsibilities while on administrative leave.
Mandatory court appearances while the officer is on administrative leave will be handled on a
case-by-case basis.

305.8 DEADLY FORCE INCIDENTS OUTSIDE OXNARD JURISDICTION INVOLVING

OXNARD OFFICER(S)
(a) The Duty Chief or his/her designee will respond to assist investigative personnel of
the responsible agency by cooperating and supplementing available resources when
requested.
1. The Watch Commander or Professional Standards personnel shall notify the
OPOA president of incidents involving officer(s) outside of Oxnard jurisdiction,
whether or not such officer(s) is off-duty or on-duty. In the president's absence,
another OPOA officer or board member shall be notified.
2. All officer rights enumerated above apply to involved officers whether in this
jurisdiction or out, although some procedures may vary. Oxnard investigators
may offer advice to the involved officer(s) and the primary jurisdictional
investigators.

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(b) The Professional Standards Division will be responsible for conducting an

administrative investigation of the use of deadly force by Oxnard Police Department
personnel.
(c) Press release information is the responsibility of the primary jurisdiction, but the ISB
Commander should coordinate the release of information by this department with the
handling agency.

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306 Oxnard PD Policy Manual

Handcuffing and Restraints

306.1 PURPOSE AND SCOPE
This policy provides guidelines for the use of handcuffs and other restraints during detentions and
arrests.

306.2 POLICY
The Oxnard Police Department authorizes the use of restraint devices in accordance with this
policy, the Use of Force Policy, and department training. Restraint devices shall not be used to
punish, to display authority, or as a show of force.

306.3 USE OF RESTRAINTS

Only employees who have successfully completed department-approved training on the use of
restraint devices described in this policy are authorized to use these devices.
When deciding whether to use any restraint, officers should carefully balance officer safety
concerns with factors that include, but are not limited to:
(a) The circumstances or crime leading to the arrest.
(b) The demeanor and behavior of the arrested person.
(c) The age and health of the person.
(d) Whether the person is known to be pregnant.
(e) Whether the person has a hearing or speaking disability. In such cases, consideration
should be given, safety permitting, to handcuffing to the front in order to allow the
person to sign or write notes.
(f) Whether the person has any other apparent disability.

306.3.1 RESTRAINT OF DETAINEES

Situations may arise where it may be reasonable to restrain an individual who may, after brief
investigation, be released without arrest. Unless arrested, the use of restraints on detainees should
continue only for as long as is reasonably necessary to ensure the safety of officers and others.
When deciding whether to remove restraints from a detainee, officers should continuously weigh
the safety interests at hand against the continuing intrusion upon the detainee.

306.3.2 RESTRAINT OF PREGNANT PERSONS

Persons who are known to be pregnant should be restrained in the least restrictive manner that
is effective for officer safety and in no event shall these persons be restrained by the use of leg
irons, waist chains, or handcuffs behind the body.
No person who is in labor, delivery, or recovery after delivery shall be handcuffed or restrained
except in extraordinary circumstances and only when a supervisor makes an individualized

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determination that such restraints are necessary for the safety of the arrestee, officer(s), or others
(Penal Code §6030).

306.3.3 RESTRAINT OF JUVENILES

A juvenile under 14 years of age should not be restrained unless he/she is suspected of a
dangerous felony or when the officer has a reasonable suspicion that the juvenile may resist,
attempt escape, injure him/herself, injure the officer, or damage property.

306.3.4 NOTIFICATIONS
Whenever an officer transports a person with the use of restraints other than handcuffs, the officer
shall inform the jail staff upon arrival at the jail that restraints were used. This notification should
include information regarding any other circumstances the officer reasonably believes would
be potential safety concerns or medical risks to the subject (e.g., prolonged struggle, extreme
agitation, impaired respiration) that may have occurred prior to, or during, transportation to the jail.

306.4 APPLICATION OF HANDCUFFS OR PLASTIC CUFFS

Handcuffs, including temporary nylon or plastic cuffs, may be used only to restrain a person's
hands to ensure officer safety. Although recommended for most arrest situations, handcuffing
is discretionary and not an absolute requirement of the Department. Officers should consider
handcuffing any person they reasonably believe warrants that degree of restraint. However,
officers should not conclude that in order to avoid risk every person should be handcuffed,
regardless of the circumstances.
In most situations, handcuffs should be applied with the hands behind the person's back. When
feasible, handcuffs should be double-locked to prevent tightening, which may cause undue
discomfort or injury to the hands or wrists.
In situations where one pair of handcuffs does not appear sufficient to restrain the individual or may
cause unreasonable discomfort due to the person's size, officers should consider alternatives,
such as using an additional set of handcuffs or multiple plastic cuffs.
Handcuffs should be removed as soon as it is reasonable or after the person has been searched
and is safely confined within a detention facility.

306.5 APPLICATION OF SPIT HOODS/MASKS

Spit hoods/masks are temporary protective devices designed to prevent the wearer from biting
and/or transferring or transmitting fluids (saliva and mucous) to others.
Spit hoods may be placed upon persons in custody when the officer reasonably believes the
person will bite or spit, either on a person or in an inappropriate place. They are generally used
during application of physical restraint, while the person is restrained, or during or after transport.
Officers utilizing spit hoods should ensure that the spit hood is fastened properly to allow for
adequate ventilation and that the restrained person can breathe normally. Officers should provide
assistance during the movement of restrained individuals due to the potential for impaired or

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distorted vision on the part of the individual. Officers should avoid comingling individuals wearing
spit hoods with other detainees.
Spit hoods should not be used in situations where the restrained person is bleeding profusely
from the area around the mouth or nose, or if there are indications that the person has a medical
condition, such as difficulty breathing or vomiting. In such cases, prompt medical care should be
obtained. If the person vomits while wearing a spit hood, the spit hood should be promptly removed
and discarded. Persons who have been sprayed with oleoresin capsicum (OC) spray should be
thoroughly decontaminated including hair, head, and clothing prior to application of a spit hood.
Those who have been placed in a spit hood should be continually monitored and shall not be left
unattended until the spit hood is removed. Spit hoods shall be discarded after each use.

306.6 APPLICATION OF AUXILIARY RESTRAINT DEVICES

Auxiliary restraint devices include transport belts, waist or belly chains, transportation chains, leg
irons, and other similar devices. Auxiliary restraint devices are intended for use during long-term
restraint or transportation. They provide additional security and safety without impeding breathing,
while permitting adequate movement, comfort and mobility.
Only department-authorized devices may be used. Any person in auxiliary restraints should be
monitored as reasonably appears necessary.

306.7 APPLICATION OF LEG AND/OR BODY RESTRAINT DEVICES

Leg and/or body restraints may be used to restrain the legs of a violent or potentially violent person
when it is reasonable to do so during the course of detention, arrest or transportation. Only restraint
devices approved by the Department shall be used.
In determining whether to use the leg and/or body restraint, officers should consider:
(a) Whether the officer or others could be exposed to injury due to the assaultive or
resistant behavior of a suspect.
(b) Whether it is reasonably necessary to protect the suspect from his/her own actions
(e.g., hitting his/her head against the interior of the patrol unit, running away from the
arresting officer while handcuffed, kicking at objects or officers).
(c) Whether it is reasonably necessary to avoid damage to property (e.g., kicking at
windows of the patrol unit).

306.7.1 GUIDELINES FOR USE OF LEG AND/OR BODY RESTRAINTS

When applying leg and/or body restraints the following guidelines should be followed:
(a) If practical, officers should notify a supervisor of the intent to apply the leg and/or body
restraint device. In all cases, a supervisor shall be notified as soon as practical after
the application of the leg and/or body restraint device.

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(b) Once applied, absent a medical or other emergency, restraints should remain in place
until the officer arrives at the jail or other facility or the person no longer reasonably
appears to pose a threat.
(c) Once secured, the person should be placed in a seated or upright position, secured
with a seat belt, and shall not be placed on his/her stomach for an extended period,
as this could reduce the person's ability to breathe.
(d) The restrained person should be continually monitored by an officer while in the leg
and/or body restraint. The officer should ensure that the person does not roll onto and
remain on his/her stomach.
(e) The officer should look for signs of labored breathing and take appropriate steps to
relieve and minimize any obvious factors contributing to this condition.
(f) When transported by ambulance/paramedic unit, the restrained person should be
accompanied by an officer when requested by medical personnel. The transporting
officer should describe to medical personnel any unusual behaviors or other
circumstances the officer reasonably believes would be potential safety or medical
risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration).

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308 Oxnard PD Policy Manual

Control Devices and Techniques

308.1 PURPOSE AND SCOPE
This policy provides guidelines for the use and maintenance of control devices that are described
in this policy.

308.2 POLICY
In order to control subjects who are violent or who demonstrate the intent to be violent, the Oxnard
Police Department authorizes officers to use control devices in accordance with the guidelines in
this policy and the Use of Force Policy.

308.3 ISSUING, CARRYING AND USING CONTROL DEVICES

Control devices described in this policy may be carried and used by members of this department
only if the device has been issued by the Department or approved by the Chief of Police or the
authorized designee.
Only officers who have successfully completed department-approved training in the use of any
control device are authorized to carry and use the device.
Control devices may be used when a decision has been made to control, restrain or arrest a
subject who is violent or who demonstrates the intent to be violent, and the use of the device
appears reasonable under the circumstances. When reasonable, a verbal warning and opportunity
to comply should precede the use of these devices.
When using control devices, officers should carefully consider potential impact areas in order to
minimize injuries and unintentional targets.

308.4 RESPONSIBILITIES

308.4.1 INSTRUCTOR RESPONSIBILITIES

The designated instructor shall control the inventory and issuance of all control devices and shall
ensure that all damaged, inoperative, outdated, or expended control devices or munitions, are
properly disposed of, repaired, or replaced.
Every control device will be periodically inspected by the designated instructor for a particular
control device. The inspection shall be documented.

308.4.2 USER RESPONSIBILITIES

All normal maintenance, charging, or cleaning shall remain the responsibility of personnel using
the various devices.
Any damaged, inoperative, outdated, or expended control devices or munitions, along with
documentation explaining the cause of the damage, shall be returned to the designated instructor
for disposition. Damage to city property forms shall also be prepared and forwarded through the
chain of command, when appropriate, explaining the cause of damage.

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308.5 BATON GUIDELINES

The need to immediately control a suspect must be weighed against the risk of causing serious
injury. The head, neck, throat, spine, heart, kidneys and groin should not be intentionally targeted
except when the officer reasonably believes the suspect poses an imminent threat of serious
bodily injury or death to the officer or others.
When carrying a baton, uniformed personnel shall carry the baton in its authorized holder on the
equipment belt. Plainclothes and non-field personnel may carry the baton as authorized and in
accordance with the needs of their assignment or at the direction of their supervisor.

308.6 TEAR GAS GUIDELINES

Tear gas may be used for crowd control, crowd dispersal or against barricaded suspects
based on the circumstances. Only the Watch Commander, Incident Commander or Special
Operations Commander may authorize the delivery and use of tear gas, and only after evaluating
all conditions known at the time and determining that such force reasonably appears justified and
necessary.
When practicable, fire personnel should be alerted or summoned to the scene prior to the
deployment of tear gas to control any fires and to assist in providing medical aid or gas evacuation
if needed.

308.6.1 DECONTAMINATION OF INDOOR ENVIRONMENTS

(a) Aerate the structure by opening as many windows as possible.
(b) Use fans to blow out any particles still airborne. Large fans can be placed on the
upwind side of the structure.

308.7 OLEORESIN CAPSICUM (OC) GUIDELINES

As with other control devices, oleoresin capsicum (OC) spray and pepper projectiles may be
considered for use to bring under control an individual or groups of individuals who are engaging in,
or are about to engage in violent behavior. Pepper projectiles and OC spray should not, however,
be used against individuals or groups who merely fail to disperse or do not reasonably appear to
present a risk to the safety of officers or the public.

308.7.1 OC SPRAY
Uniformed personnel carrying OC spray shall carry the device in its holster on the equipment belt.
Plainclothes and non-field personnel may carry OC spray as authorized, in accordance with the
needs of their assignment or at the direction of their supervisor.

308.7.2 PEPPER PROJECTILE SYSTEMS

Pepper projectiles are plastic spheres that are filled with a derivative of OC powder. Because the
compressed gas launcher delivers the projectiles with enough force to burst the projectiles on
impact and release the OC powder, the potential exists for the projectiles to inflict injury if they
strike the head, neck, spine, or groin. Therefore, personnel using a pepper projectile system should

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not intentionally target those areas, except when the officer reasonably believes the suspect poses
an imminent threat of serious bodily injury or death to the officer or others.
Officers encountering a situation that warrants the use of a pepper projectile system shall notify a
supervisor as soon as practical. A supervisor shall respond to all pepper projectile incidents where
the suspect has been hit or expsoed to the chemical agent. The supervisor shall ensure that all
notifications and reports are completed as required by the Use of Force Policy.
Each deployment of a pepper projectile system shall be documented. Accidental discharges shall
be promptly reported to a supervisor and documented on the appropriate report form. Only non-
incident use of a pepper projectile system, such as training and product demonstrations, is exempt
from the reporting requirement.

308.7.3 TREATMENT FOR OC SPRAY AND CHEMICAL AGENT EXPOSURE

Decontamination for exposure to OC and chemical agents includes moving the subject to an area
that has fresh air. Persons should face the wind, breathe deeply, and open their eyes. If the effects
persist, the affected area should be rinsed with water. Those persons who complain of continued
or ongoing discomfort should be afforded a medical examination by medical personnel.

308.7.4 POST-APPLICATION NOTICE

Whenever OC or chemical agents have been introduced into a residence, building interior, vehicle,
or other enclosed area, officers should provide the owners or available occupants with notice of
the possible presence of residue that could result in irritation or injury if the area is not properly
cleaned. Such notice should include advisement that clean up will be at the owner's expense.
Information regarding the method of notice and the individuals notified should be included in
related reports.

308.8 KINETIC ENERGY PROJECTILE GUIDELINES

This department is committed to reducing the potential for violent confrontations. Kinetic energy
projectiles, when used properly, are less likely to result in death or serious physical injury and can
be used in an attempt to de-escalate a potentially deadly situation.

308.8.1 DEPLOYMENT AND USE

Only department-approved kinetic energy munitions shall be carried and deployed. Approved
munitions may be used to compel an individual to cease his/her actions when such munitions
present a reasonable option.
Officers are not required or compelled to use approved munitions in lieu of other reasonable
tactics if the involved officer determines that deployment of these munitions cannot be done safely.
The safety of hostages, innocent persons, and officers takes priority over the safety of subjects
engaged in criminal or suicidal behavior.
Circumstances appropriate for deployment include, but are not limited to, situations in which:
(a) The suspect is armed with a weapon and the tactical circumstances allow for the safe
application of approved munitions.

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(b) The suspect has made credible threats to harm him/herself or others.
(c) The suspect is engaged in riotous behavior or is throwing rocks, bottles, or other
dangerous projectiles at people and/or officers.
(d) There is probable cause to believe that the suspect has already committed a crime of
violence and is refusing to comply with lawful orders.

308.8.2 DEPLOYMENT CONSIDERATIONS

Before discharging projectiles, the officer should consider such factors as:
(a) Distance and angle to target.
(b) Type of munitions employed.
(c) Type and thickness of subject's clothing.
(d) The subject's proximity to others.
(e) The location of the subject.
(f) Whether the subject's actions dictate the need for an immediate response and the use
of control devices appears appropriate.
A verbal warning of the intended use of the device should precede its application, unless it would
otherwise endanger the safety of officers or when it is not practical due to the circumstances. The
purpose of the warning is to give the individual a reasonable opportunity to voluntarily comply and
to warn other officers and individuals that the device is being deployed.
Officers should keep in mind the manufacturer's recommendations and their training regarding
effective distances and target areas. However, officers are not restricted solely to use according to
manufacturer recommendations. Each situation must be evaluated on the totality of circumstances
at the time of deployment.
The need to immediately incapacitate the subject must be weighed against the risk of causing
serious injury or death. The head and neck should not be intentionally targeted, except when the
officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death
to the officer or others.

308.8.3 SAFETY PROCEDURES

Shotguns specifically designated for use with kinetic energy projectiles will be specially marked
in a manner that makes them readily identifiable as such.
Officers will inspect the shotgun and projectiles at the beginning of each shift to ensure that the
shotgun is in proper working order and the projectiles are of the approved type and appear to be
free from defects.
When it is not deployed, the shotgun will be unloaded and properly and securely stored in the
vehicle. When deploying the kinetic energy projectile shotgun, the officer shall visually inspect

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the kinetic energy projectiles to ensure that conventional ammunition is not being loaded into the
shotgun.
Absent compelling circumstances, officers who must transition from conventional ammunition to
kinetic energy projectiles will employ the two-person rule for loading. The two-person rule is a
safety measure in which a second officer watches the unloading and loading process to ensure
that the weapon is completely emptied of conventional ammunition.

308.9 TRAINING FOR CONTROL DEVICES

The Personnel and Training Sergeant shall ensure that all personnel who are authorized to carry
a control device have been properly trained and certified to carry the specific control device and
are retrained or recertified as necessary.
(a) Proficiency training shall be monitored and documented by a certified control-device,
weapons, or tactics instructor.
(b) All training and proficiency for control devices will be documented in the officer's
training file.
(c) Officers who fail to demonstrate proficiency with the control device or knowledge of
this agency's Use of Force Policy will be provided remedial training. If an officer cannot
demonstrate proficiency with a control device or knowledge of this agency's Use of
Force Policy after remedial training, the officer will be restricted from carrying the
control device and may be subject to discipline.

308.10 REPORTING USE OF CONTROL DEVICES AND TECHNIQUES

Any application of a control device or technique listed in this policy shall be documented in the
related incident report and reported pursuant to the Policy Manual §300.

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309 Oxnard PD Policy Manual

Electronic Control Device Guidelines

309.1 PURPOSE AND SCOPE
This policy provides guidelines for the issuance and use of TASER devices.

309.2 POLICY
The TASER® device is intended to control a violent or potentially violent individual, while
minimizing the risk of serious injury. The appropriate use of such a device should result in fewer
serious injuries to officers and suspects.

309.3 ISSUANCE AND CARRYING TASER DEVICES

Only members who have successfully completed department-approved training may be
issued and carry the TASER device. Tasers are issued for use during a member’s current
assignment. Officers shall only use the TASER device and cartridges that have been issued by the
Department. Uniformed officers who have been issued the TASER device shall wear the device
in an approved holster on their person. Non-uniformed officers may secure the TASER device in
the driver’s compartment of their vehicle. Members carrying the TASER device should perform
a spark test on the unit prior to every shift. When the Taser is carried as part of a uniformed
officer's equipment, the holster shall be maintained for an "off-hand" carry, draw, and presentation
to eliminate any confusion with the duty weapon.

(a) All TASER devices shall be clearly and distinctly marked to differentiate them from the
duty weapon and any other device.
(b) Officers shall be responsible for ensuring that their issued TASER device is properly
maintained and in good working order.
(c) Officers should not hold both a firearm and the TASER device at the same time.

309.4 VERBAL AND VISUAL WARNINGS

A verbal warning of the intended use of the TASER device should precede its application,
unless it would otherwise endanger the safety of officers or when it is not practicable due to the
circumstances. The purpose of the warning is to:
(a) Provide the individual with a reasonable opportunity to voluntarily comply.
(b) Provide other officers and individuals with a warning that the TASER device may be
deployed.
If, after a verbal warning, an individual is unwilling to voluntarily comply with an officer’s lawful
orders and it appears both reasonable and feasible under the circumstances, the officer may, but
is not required to, display the electrical arc (provided that a cartridge has not been loaded into the
device), or the laser in a further attempt to gain compliance prior to the application of the TASER

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device. The aiming laser should never be intentionally directed into the eyes of another as it may
permanently impair his/her vision.
The fact that a verbal or other warning was given or the reasons it was not given shall be
documented by the officer deploying the TASER device in the related report.

309.5 USE OF THE TASER DEVICE

The TASER device has limitations and restrictions requiring consideration before its use. The
TASER device should only be used when its operator can safely approach the subject within the
operational range of the device. Although the TASER device is generally effective in controlling
most individuals, officers should be aware that the device may not achieve the intended results
and be prepared with other options.

309.5.1 APPLICATION OF THE TASER DEVICE

The Taser may be used in any of the following circumstances, when the circumstances perceived
by the officer at the time indicate that such application is reasonably necessary to control a person:
(a) The subject is violent or is physically resisting.
(b) The subject has demonstrated, by words or action, an intention to be violent or to physically
resist, and reasonably appears to present the potential to harm officers, him/herself, or others.
For the purposes of this section, mere flight from a pursuing officer, even with probable cause for
an arrest, is not sufficient physical resistance for the use of the Taser to apprehend an individual.
Factors described in subsections (a) and (b) must be present with flight to justify the use of the
Taser.

309.5.2 SPECIAL DEPLOYMENT CONSIDERATIONS

The use of the Taser on certain individuals should generally be avoided unless the totality of
the circumstances indicates that other available options reasonably appear ineffective or would
present a greater danger to the officer, the subject or others, and the officer reasonably believes
that the need to control the individual outweighs the risk of using the device. This includes:
(a) Individuals who are known to be pregnant.
(b) Elderly individuals or obvious juveniles.
(c) Individuals with obviously low body mass.
(d) Individuals who are handcuffed or otherwise restrained.

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(e) Individuals who have been recently sprayed with a flammable chemical agent or
who are otherwise in close proximity to any known combustible vapor or flammable
material, including alcohol-based oleoresin capsicum (OC) spray.
(f) Individuals whose position or activity may result in collateral injury (e.g., falls from
height, operating vehicles).
Because the application of the Taser in the drive-stun mode (i.e., direct contact without probes)
relies primarily on pain compliance, the use of the drive-stun mode generally should be limited
to supplementing the probe-mode to complete the circuit, or as a distraction technique to gain
separation between officers and the subject, thereby giving officers time and distance to consider
other force options or actions.
The Taser shall not be used to psychologically torment, elicit statements, or to punish any
individual.

309.5.3 TARGETING CONSIDERATIONS

Reasonable efforts should be made to target lower center mass and avoid the head, neck, chest,
and groin. If the dynamics of a situation or officer safety do not permit the officer to limit the
application of the Taser probes to a precise target area, officers should monitor the condition of the
subject if one or more probes strikes the head, neck, chest, or groin until the subject is examined
by paramedics or other medical personnel.

309.5.4 MULTIPLE APPLICATIONS OF THE TASER DEVICE

Officers should apply the Taser for only one standard cycle and then evaluate the situation before
applying any subsequent cycles. Multiple applications of the Taser against a single individual
are generally not recommended and should be avoided unless the officer reasonably believes
that the need to control the individual outweighs the potentially increased risk posed by multiple
applications. If the first application of the Taser appears to be ineffective in gaining control of an
individual, the officer should consider certain factors before additional applications of the Taser,
including:
(a) Whether the probes are making proper contact.
(b) Whether the individual has the ability and has been given a reasonable opportunity
to comply.
(c) Whether verbal commands, other options, or tactics may be more effective.
Officers should generally not intentionally apply more than one Taser at a time against a single
subject.

309.5.5 ACTIONS FOLLOWING DEPLOYMENTS

Officers shall notify a supervisor of all Taser discharges. Confetti tags should be collected and
the expended cartridge, along with both probes and wire, should be submitted into evidence.
The cartridge serial number should be noted and documented on the evidence paperwork. The
evidence packaging should be marked "Biohazard" if the probes penetrated the subject's skin.

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309.5.6 DANGEROUS ANIMALS

The Taser may be deployed against an animal as part of a plan to deal with a potentially dangerous
animal, such as a dog, if the animal reasonably appears to pose an imminent threat to human
safety and alternative methods are not reasonably available or would likely be ineffective.

309.5.7 OFF-DUTY CONSIDERATIONS

Officers are not authorized to carry department Tasers while off-duty.
Officers shall ensure that Tasers are secured while in their homes, vehicles, or any other area
under their control, in a manner that will keep the device inaccessible to others.

309.6 DOCUMENTATION
Officers shall document all Taser device discharges in the related arrest/crime report. Notification
shall also be made to a supervisor in compliance with the Use of Force Policy.

309.6.1 REPORTS
The officer should include the following in the arrest/crime report:
(a) Identification of all personnel firing Tasers.
(b) Identification of all witnesses.
(c) Medical care provided to the subject.
(d) Observations of the subject's physical and physiological actions.
(e) Any known or suspected drug use, intoxication, or other medical problems.

309.7 MEDICAL TREATMENT

Trained officers may remove probes to non-sensitive areas. If the probes have penetrated a
sensitive area, or if a trained officer is unable to remove the probes, they should be removed by
medical personnel. Used Taser probes shall be treated as a sharps biohazard, similar to a used
hypodermic needle, and handled appropriately. Universal precautions should be taken.
All persons who have been struck by Taser probes or who have been subjected to the electric
discharge of the device shall be medically assessed prior to booking. Additionally, any such
individual who falls under any of the following categories should, as soon as practical, be examined
by paramedics or other qualified medical personnel:
(a) The person is suspected of being under the influence of controlled substances and/
or alcohol.
(b) The person may be pregnant.
(c) The person reasonably appears to be in need of medical attention.
(d) The Taser probes are lodged in a sensitive area (e.g., groin, female breast, head,
face, neck).
(e) The person requests medical treatment.

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Any individual exhibiting signs of distress or who is exposed to multiple or prolonged applications
(i.e., more than 15 seconds) shall be transported to a medical facility for examination or medically
evaluated prior to booking. If any individual refuses medical attention, such a refusal should be
witnessed by another officer and/or medical personnel and shall be fully documented in related
reports. If an audio recording is made of the contact or an interview with the individual, any refusal
should be included, if possible.
The transporting officer shall inform any person providing medical care or receiving custody that
the individual has been subjected to the application of the Taser.

309.8 SUPERVISOR RESPONSIBILITIES

When possible, supervisors should respond to calls when they reasonably believe there is a
likelihood the Taser may be used. A supervisor should respond to all incidents where the Taser
was activated. A supervisor should review each incident where a person has been exposed to an
activation of the Taser. The device's onboard memory should be downloaded through the data
port by a supervisor and saved with the related arrest/crime report. Photographs of probe sites
should be taken and witnesses interviewed.

309.9 TRAINING
Personnel who are authorized to carry the Taser shall be permitted to do so only after successfully
completing the initial department-approved training. Proficiency training for personnel who have
been issued Tasers should occur every year. A reassessment of an officer's knowledge and/or
practical skill may be required at any time if deemed appropriate. All training and proficiency for
Tasers will be documented in the officer's training file.
Command staff, supervisors, and investigators should receive Taser training as appropriate for
the investigations they conduct and review.
Officers who do not carry Tasers should receive training that is sufficient to familiarize them with
the device and with working with officers who use the device.
The Personnel and Training Sergeant is responsible for ensuring that all members who carry
Tasers have received initial and annual proficiency training. Periodic audits should be used for
verification.
Application of Tasers during training could result in injury to personnel and should not be
mandatory for certification.
The Defensive Tactics Sergeant should ensure that all training includes:

(a) A review of this policy.

(b) A review of the Use of Force Policy.

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(c) Performing weak-hand draws to reduce the possibility of accidentally drawing and
firing a firearm.
(d) Target area considerations, to include techniques or options to reduce the accidental
application of probes near the head, neck, chest, and groin.
(e) Handcuffing a subject during the application of the Taser and transitioning to other
force options.
(f) De-escalation techniques.
(g) Restraint techniques that do not impair respiration following the application of the
Taser.

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310 Oxnard PD Policy Manual

Officer-Involved Shootings and Deaths

310.1 PURPOSE AND SCOPE
The purpose of this policy is to establish policy and procedures for the investigation of an incident
in which a person is injured or killed as the result of an officer involved shooting or an in-custody
death. The intent of this policy is to ensure that such incidents be investigated in a fair and impartial
manner.
Nothing in this policy is intended to increase, modify, or in any way affect the current legal
standards nor shall any deviation from these guidelines be considered a breach of any legal
standard.

310.2 TYPES OF INVESTIGATIONS

Officer-involved shootings and in-custody deaths involve several separate investigations. The
investigations may include:

(a) A criminal investigation of the incident by the agency having jurisdiction where the
incident occurred. This department may relinquish its criminal investigation to an
outside agency with the approval of the Chief of Police or an assistant chief.
(b) A criminal investigation of the involved officer(s) conducted by an outside agency.
(c) A civil investigation to determine potential liability conducted by the involved officer's
agency.
(d) An administrative investigation conducted by the involved officer's agency, to
determine if there were any violations of department policy.

310.3 JURISDICTION
Jurisdiction is determined by the location of the shooting or death and the agency employing
the involved officer(s). The following scenarios outline the jurisdictional responsibilities for
investigating officer-involved shootings and deaths:

310.3.1 OXNARD POLICE DEPARTMENT OFFICER WITHIN THIS JURISDICTION

The Oxnard Police Department is responsible for the criminal investigation of the suspect's
actions, the civil investigation, and the administrative investigation. The criminal investigation of
the officer-involved shooting or in-custody death will be conducted by the Major Crimes Unit. In
the event that the shooting or in-custody death involves personnel from the Major Crimes Unit,
the Investigative Services Bureau Chief or his designee will determine who will investigate the
incident.

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310.3.2 ALLIED AGENCY'S OFFICER WITHIN THIS JURISDICTION

The Oxnard Police Department is responsible for the criminal investigation of the suspect's
actions. The criminal investigation of the officer-involved shooting or in-custody death will be
conducted by the Major Crimes Unit of the Oxnard Police Department. The officer's employing
agency will be responsible for any civil and/or administrative investigation(s).

310.3.3 OXNARD POLICE DEPARTMENT OFFICER IN ANOTHER JURISDICTION

The agency where the incident occurred has criminal jurisdiction and is responsible for the criminal
investigation of the incident. That agency may relinquish its criminal investigation of the suspect(s)
to another agency. The Oxnard Police Department will conduct a timely civil and/or administrative
investigation of the incident.

310.3.4 INVESTIGATION RESPONSIBILITY MATRIX

The following table identifies the possible scenarios and responsibilities for the investigation of
officer-involved shootings:

Criminal Criminal Civil Investigation Administrative

Investigation of Investigation of Investigation
Suspect(s) Officer(s)
OPD Officer in City OPD OPD Oxnard City OPD
of Oxnard Attorney's Office
Outside Agency OPD OPD Involved Officer's Involved Officer's
Officer in City of Agency Agency
Oxnard
OPD Officer outside Agency where Agency where Oxnard City OPD
of City of Oxnard incident occurred incident occurred Attorney's Office

310.4 INVESTIGATION PROCESS

The following procedures are guidelines used in the investigation of an officer-involved shooting
or in-custody death.

310.4.1 DUTIES OF INITIAL ON SCENE SUPERVISOR

Upon arrival at the scene of an officer-involved shooting or in-cusotdy death, the first uninvolved
supervisor should:

(a) Take all reasonable steps to obtain emergency medical attention for all apparently
injured individuals.
(b) Attempt to obtain a brief overview of the situation from any uninvolved officer(s). officer
1. In the event that there are no uninvolved officers, the supervisor should attempt
to obtain a brief voluntary overview from one involved officer.

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(c) If necessary, the supervisor may administratively order any officer from this
department to immediately provide publicsafetyinformation necessary to secure the
scene and pursue suspects.
1. Public safety information shall be limited to such things as outstanding suspect
information, number and direction of shots fired, parameters of the incident
scene, identity of known witnesses and similar information.
(d) Absent a voluntary statement from any officer(s), the initial on scene supervisor should
not attempt to order any officer to provide other than public safety information.
(e) Provide all available information to the Watch Commander and the Communications
Center. If feasible, sensitive information should be communicated over secure
networks.
(f) Take command of and secure the incident scene with additional personnel until
relieved by a detective supervisor or other assigned personnel.
(g) As soon as practical, shooter officers should respond or be transported (separately,
if feasible) to the station for further direction.
1. Each involved officer should be given an administrative order not to discuss the
incident with other involved officers pending further direction from a supervisor.
2. When an officer's weapon is taken or left at the scene (e.g., evidence), the officer
will be provided with a comparable replacement weapon or transported to the
station by other officers.

310.4.2 WATCH COMMANDER RESPONSIBILITIES

Upon learning of an officer-involved shooting or in-custody death, the Watch Commander shall
be responsible for coordinating all aspects of the incident until relieved by the Chief of Police or
a Bureau Chief.

310.4.3 NOTIFICATIONS
The following person(s) shall be notified as soon as practical:

(a) Duty Chief.

(b) Chief of Police.
(c) Investigative Services Bureau Chief.
(d) Involved officer's bureau chief.
(e) Investigative Services Bureau Commander.
(f) Major Crimes Sergeant.
(g) District Attorney OIS roll out team.
(h) Professional Standards Commander/Internal Affairs Sergeant.
(i) Third party administrator for liability issues.

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(j) Police Chief's legal counsel.

(k) Trauma Support Team.
(l) Medical Examiner (if necessary).
(m) Officer representative (if requested).
(n) Community Affairs Manager

All outside inquiries about the incident shall be directed to the Watch Commander.

310.4.4 MEDIA RELATIONS

A single press release shall be prepared with input and concurrence from the supervisor and
agency representative responsible for each phase of the investigation. This release will be
available to the Watch Commander, Investigative Services Bureau Chief and Community Affairs
Manager in the event of inquiries from the media. In all cases, the Investigative Services Bureau
Commander will be consulted prior to information about the involved officer(s) or investigation or
the investigation is released to the media.
It will be the policy of this department to not release the identities of involved officers absent their
consent or as required by law. Moreover, no involved officer shall be subjected to contact from
the media (Government Code § 3303(e)) and no involved officer shall make any comments to the
press unless authorized by the Chief of Police or a Bureau Chief.
Law enforcement officials receiving inquiries regarding incidents occurring in other agency
jurisdictions shall refrain from public comment and will direct those inquiries to the agency having
jurisdiction and primary responsibility for the investigation.

310.4.5 INVOLVED OFFICERS

Once the involved officer(s) have arrived at the station, the Watch Commander should admonish
each officer that the incident shall not be discussed except with authorized personnel or
representatives. The following shall be considered for the involved officer:

(a) Any request for department or legal representation will be accommodated, however,
no involved officer shall be permitted to meet collectively or in a group with an attorney
or any representative prior to providing a formal interview or report (Government Code
§ 3303(i)).
(b) Discussions with licensed attorneys will be considered privileged as attorney-client
communications.
(c) Discussions with department representatives (e.g., employee association) will be
privileged only as to the discussion of non-criminal information however.

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(d) A licensed psychotherapist shall be provided by the Department to each involved

officer, or any other officer, upon request.
1. Interviews with a licensed psychotherapist will be considered privileged and will
not be disclosed except to the extent that the officer is or is not fit for return to
duty.
2. An interview or session with a licensed psychotherapist may take place prior
to the involved officer providing a formal interview or report, but the involved
officers shall not be permitted to consult or meet collectively or in a group with
a licensed psychotherapist prior to providing a formal interview or report.
(e) Although the Department will honor the sensitivity of communications with peer
counselors, there is no legal privilege to such. Peer counselors are cautioned against
discussing the facts of any incident with an involved or witness officer.

Care should be taken to preserve the integrity of any physical evidence present on the officer's
equipment or clothing, such as blood or fingerprints, until investigators or lab personnel can
properly retrieve it.
Detectives shall make reasonable accommodations to the officer's physical and emotional needs
(Government Code § 3303(d)).
Each involved officer shall be given reasonable paid administrative leave following an officer-
involved shooting or in-custody death. It shall be the responsibility of the Watch Commander to
make schedule adjustments to accommodate such leave.

310.5 THE SHOOTING INCIDENT CRIMINAL INVESTIGATION

310.5.1 DETECTIVE PERSONNEL

Once notified of an officer-involved shooting, it shall be the responsibility of the Major Crimes
Sergeant to assign appropriate detective personnel to handle the investigation of related crimes.
The Investigative Services Bureau Commander will be responsible for all officer-involved shooting
or in-custody death incidents upon his/her notification.
All related department reports except administrative and/or privileged reports will be forwarded
to the designated detective supervisor for approval. Privileged reports shall be maintained
exclusively by those personnel authorized such access. Administrative reports will be forwarded
to the appropriate bureau chief.

310.5.2 CRIMINAL INVESTIGATION

Once public safety issues have been addressed, criminal investigators will be given the next
opportunity to interview involved officers in order to provide them with an opportunity to give a
voluntary statement. The following shall be considered for the involved officer:

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(a) Supervisors and Professional Standards personnel should not participate directly in
any voluntary interview of officers. This will not prohibit such personnel from monitoring
such interviews or indirectly providing areas for inquiry.
(b) If requested, any involved officer will be afforded the opportunity to consult with a
representative of his or her choosing or an attorney, prior to speaking with criminal
investigators.
(c) Any officer involved in an incident may be permitted to review available video or audio
recordings prior to providing a recorded statement or completing reports. There may
be instances in which investigators would prefer to obtain a statement from the officer
about their perception of the incident prior to them reviewing video or audio recordings.
In these cases, the investigator will consult with the supervisor, commander, and
the officer's representative or attorney. Any video or audio recordings should not
be publicly released during an ongoing investigation without consulting the District
Attorney as appropriate.
(d) Any voluntary statement provided by the officer(s) will be made available for inclusion
in the administrative or other related investigations. However, no administratively
coerced statement will be provided to any criminal investigators unless the officer
consents.
(e) If any involved officer is physically, emotionally or otherwise not in a position to provide
a voluntary statement when interviewed by criminal investigators, consideration
should be given to allowing a reasonable period for the officer to schedule an alternate
time for the interview.

310.5.3 REPORTS BY INVOLVED OFFICERS

In the event that suspects remain outstanding or subject to prosecution for related offenses, this
department shall retain the authority to require involved officers to provide sufficient information
for related criminal reports to facilitate the apprehension and prosecution of those individuals
(Government Code § 3304(a)).
While the involved officer may write the report, it is generally recommended that such reports be
completed by assigned investigators who should interview involved officers as victims/witnesses.
Since the purpose of these reports will be to facilitate criminal prosecution, statements of involved
officers should focus on evidence to establish the elements of criminal activities by involved
suspects. Care should be taken not to duplicate information provided by involved officers in other
reports.
Nothing in this section shall be construed to deprive an involved officer of the right to consult with
legal counsel prior to completing any such criminal report.
Reports related to the prosecution of criminal suspects will be processed according to normal
procedures, but should also be included for reference in the investigation of the officer-involved
shooting or in-custody death.

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310.5.4 WITNESS IDENTIFICATION AND INTERVIEWS

Because potential witnesses to an officer-involved shooting or other major incident may become
unavailable or the integrity of their statements compromised with the passage of time, a supervisor
should take reasonable steps to promptly coordinate with criminal investigators to utilize available
personnel for the following:
(a) Identify all persons present at the scene and in the immediate area.
1. When feasible, a recorded statement should be obtained from those persons
who claim not to have witnessed the incident but who were present at the time
it occurred.
2. Any potential witness who is unwilling or unable to remain available for a formal
interview should not be detained absent reasonable suspicion to detain or
probable cause to arrest. Without detaining the individual for the sole purpose
of identification, officers should attempt to identify the witness prior to his/her
departure.
(b) Witnesses who are willing to provide a formal interview should be asked to meet at a
suitable location where criminal investigators may obtain a recorded statement. Such
witnesses, if willing, may be transported by department personnel.
1. A written, verbal or recorded statement of consent should be obtained prior to
transporting a witness in a department vehicle. When the witness is a minor,
consent should be obtained from the parent or guardian, if available, prior to
transportation.
(c) Assign available personnel to promptly contact the suspect’s known family and
associates to obtain any available and untainted background information about the
suspect’s activities and state of mind prior to contact with officers.

310.6 ADMINISTRATIVE INVESTIGATION

In addition to all other investigations associated with an officer-involved shooting or in-custody
death, this department will conduct an internal administrative investigation of OXPD officers to
determine conformance with department policy. The investigation will be conducted under the
supervision of the Internal Affairs Unit and will be considered a confidential officer personnel file.

(a) Any officer involved in a shooting or in-custody death may be requested or

administratively compelled to provide a blood sample for alcohol/drug screening.
Absent consent from the officer, such compelled samples and the results of any such
testing shall not be disclosed to any criminal investigative agency.
(b) If any officer has voluntarily elected to provide a statement to criminal investigators, the
assigned administrative investigator should review that statement before proceeding
with any further interview of that involved officer.

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1. If a further interview of the officer is deemed necessary to determine policy

compliance, care should be taken to limit the inquiry to new areas with minimal, if
any, duplication of questions addressed in the voluntary statement. The involved
officer shall be provided with a copy of his/her prior statement before proceeding
with any subsequent interviews.
(c) In the event that an involved officer has elected to not provide criminal investigators
with a voluntary statement, the assigned administrative investigator shall conduct an
administrative interview to determine all relevant information.
(a) Although this interview should not be unreasonably delayed, care should be
taken to ensure that the officer’s physical and psychological needs have been
addressed before commencing the interview.
(b) If requested, the officer shall have the opportunity to select an uninvolved
representative to be present during the interview . However, in order to maintain
the integrity of each individual officer's statement, involved officers shall not
consult or meet with a representative or attorney collectively or in groups prior
to being interviewed (Government Code § 3303(i)).
(c) Administrative interviews should be recorded by the investigator. The officer may
also record the interview (Government Code § 3303(g)).
(d) The officer shall be informed of the nature of the investigation. If an
officer refuses to answer questions, he/she should be given his/
her Lybarger or Garrity rights and ordered to provide full and truthful answers
to all questions. The officer shall be informed that the interview will be for
administrative purposes only and that the statement cannot be used criminally.

(e) The administrative interview shall be considered part of the officer's confidential
personnel file.
(f) The Professional Standards Division shall compile all relevant information and
reports necessary for the Department to determine compliance with applicable
policies.
(g) Any other indications of potential policy violations shall be determined in
accordance with standard disciplinary procedures.
(h)

310.7 DEBRIEFING
Following an officer-involved shooting or death, the Oxnard Police Department should conduct
both a critical incident/stress debriefing and a tactical debriefing.

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310.7.1 CRITICAL INCIDENT/STRESS DEBRIEFING

A critical incident/stress debriefing should occur as soon as practicable. The Administrative
Services Bureau Chief is responsible for organizing the debriefing. Notes and recorded statements
should not be taken because the sole purpose of the debriefing is to help mitigate the stress-
related effects of a traumatic event.
The debriefing is not part of any investigative process. Care should be taken not to release or
repeat any communication made during a debriefing unless otherwise authorized by policy, law
or a valid court order.
Attendance at the debriefing shall only include those members of the Department directly involved
in the incident, which can include support personnel (e.g., [dispatchers, other civilian personnel).
Family or other support personnel may attend with the concurrence of those involved in the
incident. The debriefing shall be closed to the public and should be closed to all other members
of the Department, including supervisory and Internal Affairs Unit personnel.

310.7.2 TACTICAL DEBRIEFING

A tactical debriefing should take place to identify any training or areas of policy that need
improvement. The Chief of Police should identify the appropriate participants. This debriefing
should not be conducted until all involved members have provided recorded or formal statements
to criminal and/or administrative investigators.

310.8 REPORTING
If the death of an individual occurs in the Oxnard Police Department jurisdiction and qualifies
to be reported to the state as a justifiable homicide or an in-custody death, the Field Services
Bureau Chief will ensure that the Records Manager is provided with enough information to meet
the reporting requirements (Penal Code § 196; Penal Code § 13022; Government Code § 12525).

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312 Oxnard PD Policy Manual

Firearms
312.1 PURPOSE AND SCOPE
This policy provides guidelines for issuing firearms, the safe and legal carrying of firearms, firearms
maintenance and firearms training.
This policy does not apply to issues related to the use of firearms that are addressed in the Use
of Force or Officer-Involved Shootings and Deaths policies.
This policy only applies to those members who are authorized to carry firearms.

312.1.1 DEFINITION
The Department Range Sergeant is the Rangemaster for the organization. He is assisted by
individuals identified as Assistant Rangemasters and Range Safety Officers. In the absence of
the Rangemaster, the Assistant Rangemaster will be in charge at range activities. The Firearms
Training Unit staff reports directly to the Special Operations Commander.

312.2 POLICY
The Oxnard Police Department will equip its members with firearms to address the risks posed
to the public and [department/office] members by violent and sometimes well-armed persons.
The [Department/Office] will ensure firearms are appropriate and in good working order and that
relevant training is provided as resources allow.

312.3 SAFE HANDLING OF FIREARMS

The intent of this policy is to promote firearm safety on and off-duty. Employees shall adhere to the
highest level of safety when handling firearms. Employees will follow the following firearm safety
rules when handling any weapon that they encounter:

(a) Treat all firearms as if they are loaded. If an officer is unfamiliar with the weapon
encountered, all attempts to obtain assistance in clearing the weapon will be made.
(b) Keep your finger off of the trigger until you are prepared to shoot. This is especially
important when tactically moving with the weapon deployed.
(c) Be sure of your target and what is in front of it and behind it. Officers shall use caution
in the discharge of their firearms, taking into account the safety of bystanders.
(d) Never allow your muzzle to point at anything that you are not willing to destroy.
(e) Officers are responsible for every round fired downrange.

312.3.1 HANDGUNS
The authorized department-issued handgun is the 9MM Sig Sauer P320. The following additional
handguns are approved for on-duty use:

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Firearms

Make Model Caliber

Sig Sauer Varied 9mm, .45
Glock Varied 9mm, .45
Beretta 92FS and variants 9mm

312.3.2 SHOTGUNS
The authorized department-issued shotgun is the Remington 870. When not deployed, the
shotgun shall be properly secured consistent with department training in a locking weapons rack
in the patrol vehicle or a locking trunk that requires a key or combination lock to open.

312.3.3 RIFLES
The authorized patrol rifle include the: Colt AR-15, Colt M-16 that has been converted to a
"semiautomatic only" weapon, the Rock River Arms. Inc. LAR-15 (A2/A4), and the Bushmaster
AR-15 (A2/A3/M4) series rifles per section 432.2.1 of this policy.

312.3.4 FIREARM EXCHANGES

When a member is issued a department firearm, it is the responsibility of the member to be mindful
of the location and its safe storage. Often times, a member will be assigned to a specialized
unit that requires the use of specialized firearms. Firearms required in the unit will be issued by
Firearms Training Unit staff at the request of the supervisor.
When the member is no longer affiliated with the specialized unit or no longer required to use a
particular firearm, the firearm will be returned to the Firearms Training Unit staff for inventory. The
Firearms Training Unit staff will retain the firearm until it is reissued.
Firearms specifically assigned to a specialized unit that are not immediately reissued will be
stored in the Firearms Training Unit Armory. These firearms will be tagged with the name of the
specialized unit and held until a request to issue the firearm is received by the supervisor.
The Firearms Training Unit shall maintain control over, and have authority to issue, exchange,
loan, repair, or remove from service, all institutional Firearms.

312.3.5 PERSONALLY OWNED DUTY FIREARMS

Members desiring to carry an authorized but personally owned duty firearm must receive written
approval from the Chief of Police or the authorized designee. Once approved, personally owned
duty firearms are subject to the following restrictions:
(a) The firearm shall be in good working order and on the department list of approved
firearms.
(b) The firearm shall be inspected by Firearms Training Unit staff prior to being carried
and shall be subject to inspection whenever it is deemed necessary.
(c) Prior to carrying the firearm, members shall qualify under range supervision and
thereafter shall qualify in accordance with the Department's firearms qualification
schedule.

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(d) Department members must demonstrate proficiency and safe handling, and that the
firearm functions properly.
(e) Department members shall provide written notice to the Firearms Training Unit staff
of the firearm's make, model, color, serial number and caliber of the firearm. The
Firearms Training Unit will maintain a list of this information.
(f) Department members are responsible for following the manufacturer’s recommended
periodic maintenance schedule for any personally owned firearm that is being used
for on-duty purposes. This periodic maintenance is separate from the cleaning and
maintenance that the Department member performs after every range qualification,
per Section 312.8 of this policy.
(g) If a Department member chooses to carry their personally owned firearm for on-duty
purposes instead of the Department-issued Sig Sauer P320, the Department member
must notify the Firearms Training Unit Sergeant before switching firearms.
(h) If a Department member chooses to not to carry the Department-issued Sig Sauer
P320 for on-duty purposes, they will be required to turn in their Department handgun
to the Firearms Training Unit and it will be returned to the Department inventory.

312.3.6 AUTHORIZED SECONDARY HANDGUN

Members desiring to carry Department or personally owned secondary handguns are subject to
the following restrictions:
(a) The handgun shall be a high quality automatic pistol, in good working order, and shall
be limited to the following calibers: .38, .380, .357, .40, .45 or 9MM.
(b) Only one secondary handgun may be carried at a time.
(c) The purchase of the secondary handgun and ammunition shall be the responsibility
of the Department member unless the handgun and ammunition are provided by the
Department.
(d) The handgun shall be carried concealed at all times and in such a manner as to prevent
unintentional cocking, discharge or loss of physical control.
(e) The handgun shall be inspected by the Firearms Training Unit prior to being carried,
and thereafter shall be subject to inspection whenever it is deemed necessary.
(f) Ammunition shall be the same type and brand as Department issue.
(g) Prior to carrying the secondary handgun, members shall qualify under range
supervision, and thereafter shall qualifyin accordance with the department qualification
schedule. Department members must demonstrate proficiency, safe handling, and
that the handgun functions properly.
(h) Department members shall provide written notice to the Firearms Training Unit staff of
the make, model, color, serial number and caliber of the firearm. The Firearms Training
Unit will maintain a list of the information.
(i) Department members are responsible for following the manufacturer’s recommended
periodic maintenance schedule for any personally owned firearm that is being used for
on-duty purposes. This periodic maintenance is separate from the required cleaning

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and maintenance that is to be performed by the member after every range qualification,
per Section 312.8 of this policy.

312.3.7 AUTHORIZED OFF-DUTY FIREARMS

The Chief of Police permits the carrying of firearms by off-duty Department members,but may be
rescinded should circumstances dictate (e.g., administrative leave). Department members who
choose to carry a firearm while off-duty, based on their authority as peace officers, are required
to meet the following guidelines:
(a) Department members may use his/her duty firearm or may use a personally owned
firearm that is carried and inspected in accordance with the Personally Owned Duty
Firearms requirements in this policy (Section 312.3.5, above). A Department member
carrying his/her duty firearm must be in compliance with (d) and (e) of this section.
1. The purchase of the personally owned firearm and ammunition shall be the
responsibility of the member.
(b) The firearm shall be carried concealed at all times and in such a manner as to prevent
accidental unintentional cocking, discharge or loss of physical control.
(c) Prior to carrying any off-duty firearm, Department members shall demonstrate to
the Firearms Training Unit Sergeant or his/her designee, that he/she is proficient with
the firearm and that it will be carried in a safe manner.
(d) The Department member must successfully qualify with the firearm prior to it being
carried.
(e) Department members shall provide written notice to the Firearms Training Unit staff
of the firearm's make, model, color, serial number, and caliber of the firearm. The
Firearms Training Unit will maintain a list of this information.
(f) If a Department member desires to use more than one firearm while off-duty, he/she
may do so, as long as all requirements set forth in this policy for each firearm are met.
(g) Department members shall only carry Department-authorized or approved
ammunition. Under no circumstances shall an officer carry a weapon that fires a rim-
fired cartridge.
(h) When armed, officers shall carry their Oxnard Police Department identification card.

312.3.8 HOLSTERS
The Department will issue on-duty holsters, for both uniform and plainclothes assignments.
Officers maypurchase optional holsters at their own expense. All holsters used by Department
personnel will adhere to the following requirements:
(a) The Firearms Training Unit Sergeant, or his/her designee,will determine if the holster
is approved for duty use.
(b) The brand name and model should be from a reputable holster manufacturing
company. The final decision on suitability of a holster rests with the Firearms Training
Unit Sergeant.

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(c) The holster for all uniformed patrol may be of single, double, or triple retention. All
holsters must be equipped with a thumb retention strap, without exception. In addition,
the holster may be equipped with an internal retention device that requires some type
of hand, finger or thumb manipulation to allow the drawing of the firearm. For officers
in plain-clothed assignments, the holsters may be equipped with a thumb snap and / or
internal retention device that requires some type of hand, finger or thumb manipulation
to allow the drawing of the firearm. If the firearm is such that is carried with the hammer
back and the safety activated as mentioned in Oxnard Police Department §312.2.2,
that user must have a holster which has a thumb strap that completely blocks the
rearward hammer from the firearm's striker/firing pin, and the firearm is holstered with
the firearm's thumb-safety activated.
(d) If the holster is a swivel type holster, it must adhere to the following specifications:
1. Ted Blocker brand only.
2. Single or Double Retention
3. Four or Six inch drop.
4. Forward-only swivel (90-degrees). 180/360 degree swivel holsters are not
allowed.
(e) Officers in certain specialized assignments may use thigh holsters, as designated
by the unit supervisor. Generally speaking, these holsters are used during tactical
operations within the scope of the unit's duties.
(f) The officer must demonstrate proficiency to the Firearms Training Unit
Sergeant's satisfaction in extracting and holstering the firearm in different body
configurations, in non-stress and stressful simulations, and demonstrate the firearm-
retention capabilities of the holster. If at any time the officer is showing difficulties
performing firearm manipulations with an optionally purchased holster, the Firearms
Training Unit Sergeant or his/her designee can order the use of this holster
immediately discontinued until the officer can demonstrate proficiency at a later range
period. The officer will be allowed adequate practice time to allow proficiency. The
Firearms Training Unit Sergeant will notify the officer's supervisor if a particular
holster's use has been disallowed, and when the officer has shown appropriate
proficiency and re-use is approved. No officer shall perform police duties with a non-
approved holster.
(g) Members wearing a load bearing vest may use thigh / dropdown holsters as described
in policy manual section 1046.9(b)(2).

312.3.9 AMMUNITION
Department members shall carry only Department-authorized ammunition or approved
ammunition.Replacements for unserviceable or depleted ammunition issued by the Department
shall be dispensed by the Firearms Training Unit when needed, in accordance with established
policy.

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Members carrying personally owned authorized firearms of a caliber differing from Department-
issued firearms shall be responsible for obtaining fresh duty ammunition in accordance with the
above, at their own expense.

312.4 FIREARMS QUALIFICATIONS

All sworn personnel are required to qualify in accordance with the Department's qualification
schedule. The Firearms Training Unit shall keep accurate records of bi-monthly qualifications,
repairs, maintenance, training or as directed by the Special Operations Commander. In addition
to regular qualification schedules, the Firearms Training Unit shall be responsible for providing
all sworn personnel with annual practical training designed to simulate field situations. At least
annually, all personnel carrying a firearm will receive training on the department Use of Force
policy and demonstrate their knowledge and understanding. This may occur during new patrol
shift orientations.
In the event that an officer's gun must be turned in for repair or for administrative purposes, sworn
personnel may return to duty and deploy with a replacement firearm equipped with fixed sights if it
is the same type and model as the firearm with which they are currently qualified or a replacement
firearm equipped with an adjustable sight if it is the same type and model as the firearm with which
they are currently qualified, and after the sighting system has been "zeroed in" at a range with
live ammunition..

312.4.1 NON- QUALIFICATION

If a Department member is unable to qualify with his/her duty weapon or an optional duty weapon
after two (2) attempts, a Firearms Training Unit staff member will provide the officer with remedial
instruction to assist the officer to qualify. If, after the third attempt, the officer is not able to qualify
and the Firearms Training Unit staff member believes that additional attempts will be futile, the
Department member will have to schedule remedial training and another opportunity to qualify on
a different day. This should be scheduled with the Range Staff member prior to leaving the range.
(a) Department members that fail to qualify with their duty firearm at the end of a range cyclewill
be temporarily restricted from field duties. In these instances, the Range Sergeant will notify the
Watch Commander and the Special Operations Commander. The Watch Commander will make
appropriate notifications and ensure the member is restricted from field duty until the member has
successfully qualified with his/her firearm.
(b) The Range Sergeant will make every effort to assist the Department member in improving his/
her shooting ability.
(c) Department members will be given credit for range qualification after remedial training and a
qualifying score is obtained.

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312.4.2 NON-ATTENDANCE
Range qualification and firearms training is a mandatory function of a police officer and is required
by POST. Each year there are typically six (6) standard range cycles, including four (4) pistol
qualification ranges,two (2) shotgun qualification ranges and two (2) rifle qualification ranges.
All sworn personnel must qualify with their Department-issued or optional duty weapon every
standard range cycle, and whenever notified of an upcoming special range cycle or range
session not normally covered under the standard range cycle (i.e., PSP, rifle, post-OIS, etc.). It
is the individual officer's responsibility to schedule his/her attendance for the range cycle by
signing up via the Department's intranet and to attend the qualification range date. Unless
unavailable (i.e. vacation, training), officers must sign up for a qualification date within the range
cycle prior to the first scheduled range date. A scheduling conflict that could have been reasonably
avoided by the officer will not be considered as a valid excuse for not attending range. Once the
range cycle has ended, the following procedure will be followed:
(a) The Firearms Training Unit shall generate a list of sworn personnel who have failed to attend
range. This list, along with any related documentation, will be forwarded to the Professional
Standards Division.
(b) The Professional Standards Division will forward the list of officers who failed to attend range
to the officers' respective commander.
(c) The commander will assign the officer's sergeant the task of determining whether or not the
officer had a valid reason for failing to attend range.
(d) This determination will be forwarded from the commander to the Professional Standards
Division for disposition.
(e) If discipline is imposed, the Professional Standards Division will ensure that the necessary
notifications are made and that all documentation is complete and placed into the appropriate file.
If it is determined that the officer did not have a valid reason for failing to attend range, the following
actions may be taken and modified based upon other instances of the officer's misconduct:
(a) First occasion: Inspection report.
(b) Second occasion within a 12-month period: Letter of reprimand.
(c) Subsequent occasions within a 12-month period: Progressive discipline will be imposed that
may include a suspension without pay.
(d) Subsequent occasions: May result in further progressive discipline up to and including
termination.
If an officer is deemed to be out of qualification compliance due to failing to attend range, and he/
she has not qualified within a six-month period, the officer shall be ineligible to carry a firearm for
police duties until they qualify. Exceptions to this policy may be granted only by the Chief of Police.

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312.4.3 DISCHARGE OF FIREARM; REPORTING REQUIREMENTS

All firearm discharges by an officer, other than during range training, will be immediately reported
verbally to an on-duty supervisor. The on-duty Watch Commander will direct that the appropriate
reports be prepared.
In any instance involving the discharge of a firearm by police personnel, not requiring formal
investigation by detectives, a copy of a memorandum completed by the on-duty supervisor will
be forwarded to the on-duty watch commander. For the purposes of this report, the categories
of discharges are Intentional Discharges, Accidental Discharges, or Negligent Discharges. The
definitions are as follows:
(a) Intentional-The officer intentionally meant to fire his/her firearm for some purpose.
This will be investigated by the officer's supervisor and/or chain-of-command.
(b) Accidental-An accidental discharge is the discharge of a firearm through no fault of
the officer. Normally a defect of the firearm would be a cause, or something other than
the officer caused the firearm to discharge.
(c) Negligent-A negligent discharge is one where the officer was in some way negligent
in the handling of the firearm resulting in its discharge.
The Professional Standards Division will have the primary role in the investigation of all
accidental and negligent firearm discharges. In the event of an accidental or negligent weapons
discharge, the on-duty supervisor of the involved employee shall ask standard public safety
type questions to ensure safety, and to assess the level of investigation needed. The on-duty
supervisor should not conduct a full interview with the employee unless directed by Professional
Standards. The scene should be processed according to standard practice, to include capturing
the condition of the firearm as found. The supervisor should render the weapon safe, properly
secure the firearm, and contact the Professional Standards Division for further direction. If an
officer's duty firearm is seized for analysis, a replacement firearm shall be issued as soon as
practical in accordance with Section 312.4(a) and (b) of this policy.

312.5 RANGE STAFF DUTIES

The range will be under the exclusive control of the Firearms Training Unit Sergeant or his/her
designee. All members attending will follow the directions of the Firearms Training Unit staff. The
Firearms Training Unit staff will maintain a roster of all members attending the range.Failure of
any member to sign in and out with range staff may result in non-qualification.
The range shall remain operational and accessible to department members during hours
established by the Department.
The Firearms Training Unit Sergeant or his/her designee has the responsibility of making periodic
inspection, at least once a year, of all duty firearms carried by officers of the Department to verify
proper operation. The Firearms Training Unit Sergeant or his/her designee has the authority to
deem any privately owned firearm unfit for service. The member will be responsible for all repairs

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to his or her personal weapon and it will not be returned to service until inspected by the Firearms
Training Unit Sergeant or his/her designee.

312.6 POLICE CHIEF'S LETTER FOR WEAPONS

There are three (3) types of letters that may be obtained by officers to purchase firearms/
magazines. The letters authorized, and the purpose for each, is set forth in this section. An officer
seeking a letter for weapons will obtain the letter from the Firearms Training Unit Sergeant or his/
her designee.

(a) The first type of letter allows the gun dealer to provide the officer a sale/transfer of
a firearm that any non-prohibited citizen may purchase, without having to wait the
required state waiting period of ten (10) days (Penal Code § 26815).
(b) The second type of letter allows the gun dealer to provide the officer a sale/transfer
of a firearm and/or magazine that is not allowed to be obtained by the ordinary citizen
due to the high-ammunition capacity of the weapon or the weapon's magazine [Penal
Code § 32310]. The officer certifies to the Chief of Police that he/she is obtaining the
weapon and/or magazine for law enforcement purposes and the dealer is able to make
the sale/transfer without waiting the ten(10)day period.
(c) The third type of letter allows the officer to obtain an approved rifle (defined in
Penal Code § 30600). The officer certifies to the Chief of Police that this purchase
is for law enforcement purposes. The letter must contain the endorsements of the
officer's supervisor, the Firearms Training Unit Sergeant, and the Special Operations
Commander, that the officer has been approved, in accordance with Oxnard Police
Department §432, for use of the patrol rifle for law enforcement duties. This letter
allows the dealer to make a sale/transfer without waiting the ten (10)day waiting period.

312.7 SAFE HANDLING, INSPECTION AND STORAGE

Members shall maintain the highest level of safety when handling firearms and shall consider the
following:
(a) Department members shall not unnecessarily display or handle any firearm.
(b) Department members shall be governed by all rules and regulations pertaining to the
use of the range and shall obey all orders issued by the Firearms Training Unit staff.
While at the range, Department members shall not dry fire or practice "quick draws"
except as instructed by the Firearms Training Unit Sergeant or other Firearms Unit
staff.
(c) Department members at the workplace shall only load or unload firearmswhile using
provided clearing barrels.
(d) Shotguns and/or rifles removed from vehicles or the equipment storage room shall
be loaded and unloaded in the parking lot and outside of the vehicle, using clearing
barrels.

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(e) Department members shall not place or store any firearm or other weapon on
Department premises except where the place of storage is locked. No one shall carry
firearms into the Department's booking facility or any part thereof when securing or
processing an arrestee, but shall place all firearms in a secured location. Department
members providing access to the jail section to persons from outside agencies are
responsible for ensuring firearms are not brought into the jail section.
(f) Department members shall ensure that all firearms and ammunition are locked and
secured while in their homes, vehicles, or any other area under their control and in
a manner that will keep them inaccessible to children and others who should not
have access. Department members shall not permit department-issued firearms to be
handled by anyone not authorized by the Department to do so. Members should be
aware that negligent storage of a firearm could result in civil and criminal liability (Penal
Code section 25100).
(g) Members shall not use any automatic firearm, heavy caliber rifle, gas or other type of
chemical weapon or firearm from the armory, except with approval of a supervisor.
(h) Any firearm authorized by the Department to be carried on-duty or off-duty that is
determined to be malfunctioning or in need of service or repair shall not be carried. It
shall be promptly presented to the Firearms Training Unit Sergeant or his/her designee
for inspection and repair. Any firearm deemed in need of repair or service by the
Firearms Training Unit Sergeant or his/her designee will be immediately removed from
service. If the firearm is the member’s primary duty firearm, a replacement firearm will
be issued until the duty firearm is serviceable in accordance with Section 312.4 (a)
and (b) of this policy.

312.7.1 RANGE SAFETY RULES

Due to the increasing complexity of firearm training and increase in personnel, it is necessary to
establish specific rules to ensure the safety of all personnel and to minimize the time spent by
personnel at the range. All personnel must conform to the rules specified below. Failure to comply
with these rules will be cause for ejection from the range and possible disciplinary action. Range
attendance is a mandatory function and all pertinent rules and regulations apply.

(a) All commands of the Firearms Training Unit staff r will be followed.
(b) Shooters will adhere to the safety rules and procedures of the host facility.
(c) Shotguns and rifles will be carried in a fashion that promotes safe muzzle discipline.
(d) No live ammunition will be present in firearms cleaning areas.
(e) Only authorized personnel are permitted on range facilities.
(f) Shooters are expected to maintain focus and proper demeanor while at training.
(g) Shooters are expected to immediately clear common weapon stoppages or
malfunctions.
(h) Any person on the range facility may call a "cease fire" for unsafe conditions.
(i) Eye protection, hearing protection, and body armor are required at the range facility.

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(j) Shorts, open-toed footwear, high heels, and other clothing not suited for range
operations are prohibited at the range.
(k) Members should notify the Firearms Training Unit staff of any limitations due to an
injury prior to training.
(l) Weapons cleaning should generally be performed at the range after training has
concluded unless other circumstances exist pursuant to Section 312.8 (a) and (b) of
this policy.

312.7.2 TRAINING SESSION SAFETY

A cadre of personnel will be trained as "Safety Officers." Any time that a training session occurs
that involves the use of a firearm, not at the range under the supervision of Firearms Training Unit
staff, a Safety Officer will be present and oversee the training. This includes all firearms involved
training sessions, even impromptu squad room sessions.

(a) The Safety Officer will not be a participant in the training. Responsibilities will include,
but not be limited to: weapons checks, marking of safe weapons with colored tape,
safe use of simunition, prevention of unsafe escalation of physical contact, training
site hazard mitigation, and prevention of loaded weapons into the training site.
(b) Colored tape will be used to designate a weapon that does not contain live ammunition.
The tape will be placed across the breech of shouldered weapons or completely
around the slide of automatic handguns if the weapon is unloaded. Weapons loaded
with simunition or blank rounds will be marked with a length of tape placed lengthwise
along the slide or barrel.
(c) The Safety Officerhas the authority to stop a training session that is being
conducted in an unsafe manner. In lesser safety issues, the Safety Officer will
make recommendations to the officer conducting the training. Safety Officers will
use whistles or voice commands to stop all activity when an unsafe condition exists.
All participating personnel will cease all activity upon hearing the whistle or voice
command.
(d) Safety remains the responsibility of every participant during a training session. The
designation of a Safety Officer does not lessen that individual obligation.

312.7.3 ALCOHOL AND DRUGS

Firearms shall not be carried by any on-duty or off-duty Department member, who has consumed
an amount of an alcoholic beverage, type of drug or medication, or has taken any combination
thereof that would tend to adversely affect the member’s senses or judgment.

312.7.4 STORAGE IN VEHICLES

When leaving a handgun in an unattended vehicle, Department members shall ensure that it is
locked in the trunk, or in a locked container which is placed out of view, or in a locked container

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that is permanently affixed to the vehicle’s interior and not in plain view (Penal Code § 16850;
Penal Code § 25140; Penal Code § 25452).
Officers are exempt from this requirement during circumstances requiring immediate aid or action
in the course of official duties (Penal Code § 25140).

312.8 MAINTENANCE AND REPAIR

Firearms carried on-duty shall be maintained in a clean, serviceable condition. Since the use of
personally owned weapons is at the option of the individual officer, that officer will be responsible
for ensuring the periodic maintenance and repair of such weapon.
The periodic Department armorer's maintenance of Department-owned weapons is the
responsibility of the Range Staff. Officers receiving notification that their assigned weapons are to
be serviced by an armorer shall comply with the directives of the Firearms Training Unit Sergeant
or his/her designee. Failure to comply with the turn in of weapons for maintenance may lead to
progressive discipline.
Maintenance and cleaning of firearms after a range qualification will follow these guidelines:
(a) Weapons cleaning should generally be performed at the range after training has concluded.
(b) If the officer is to return to normal duties immediately following the range, i.e. detectives during
a normal work day or an on-duty patrol officer returning to their duties, the firearm shall be cleaned
at the range prior to returning to work.

312.8.1 REPAIR OR MODIFICATIONS OF WEAPONS USED FOR DUTY

A Firearms Training Unit staff member shall be the only person authorized to repair or modify
any department-owned weapon. All repairs and/or modifications of department-issued weapons
not performed by the Firearms Training Unit staff must be approved in advance by the Firearms
Training Unit Sergeant or his/her designee.
Any repairs or modifications to the officer's personally owned weapon shall be done at his or her
expense and must be approved by the Firearms Training Unit Sergeant or his/her designee.

312.8.2 TACTICAL LIGHTS

Tactical lights may only be installed on a firearm carried on-duty or off-duty after they have been
examined and approved by the Firearms Training Unit Sergeant . Once approved and the tactical
light has been properly installed on any firearm, the Department member shall qualify with the
firearm prior to carrying it, to ensure proper functionality and sighting of the firearm.

312.8.3 OPTICS OR LASER SIGHTS

Optics or laser sights may only be installed on a firearm carried on-duty or off-duty after they have
been examined and approved by the Firearms Training Unit Sergeant or his/her designee. Any
approved sight shall only be installed in strict accordance with manufacturer specifications. Once

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approved sights have been properly installed on any firearm, the member shall qualify with the
firearm prior to carrying it, to ensure proper functionality and sighting of the firearm.

312.9 FLYING WHILE ARMED

The Transportation Security Administration (TSA) has imposed rules governing law enforcement
officers flying armed on commercial aircraft. The following requirements apply to personnel who
intend to be armed while flying on a commercial air carrier or flights where screening is conducted:

(a) Officers wishing to fly while armed must be flying in an official capacity, not for vacation
or pleasure purposes.
(b) Officers must carry their Department identification card which must contain a full-face
picture, the officer's signature and the signature of the Chief of Police or the official
seal of the Department and must present this identification to airline officials when
requested. The officer should also carry the standard photo identification needed for
passenger screening by airline and TSA officials (e.g., driver's license, passport).
(c) The Oxnard Police Department must submit a National Law Enforcement
Telecommunications System (NLETS) message prior to the officer's travel. If
approved, TSA will send the Oxnard Police Department an NLETS message
containing a unique alphanumeric identifier. The officer must present the message to
airport personnel as authorization to travel while armed on the day of travel.
(d) An official letter signed by the Chief of Police authorizing armed travel must
accompany the officer. The letter must outline the officer's need to fly armed, must
detail his/her itinerary, and should include that the officer has completed the mandatory
TSA training for law enforcement officer flying while armed.
(e) Officers must have completed the mandated TSA security training covering officers
flying while armed. The training shall be given by the department-appointed instructor.
(f) It is the officer's responsibility to notify the air carrier in advance of the intended armed
travel. This notification can be accomplished by early check-in at the carrier's check-
in counter.
(g) Discretion must be used to avoid alarming passengers or crew by displaying a
firearm. The officers must keep the firearm concealed on his/her person at all times.
Firearms are not permitted in carry-on luggage and may not be stored in an overhead
compartment.
(h) Officers should not surrender their firearm but should try to resolve any problems
through the flight captain, ground security manager or other management
representative of the air carrier.
(i) Officers shall not consume alcoholic beverages while aboard an aircraft, or within eight
hours prior to boarding an aircraft.

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312.10 CARRYING FIREARMS OUT OF STATE

Qualified active full-time officers and qualified retired officers (see Oxnard Police Department
§220) of this department are authorized to carry a concealed firearm in all other states subject to
the following conditions (18 United States Code 926B and C):
(a) The officer shall carry his/her Department identification card whenever carrying such
weapon.
(b) Qualified retired officers shall also carry certification of having met firearms
qualification within the past 12 months.
(c) The officer is not the subject of any current disciplinary action.
(d) The officer may not be under the influence of alcohol or any other intoxicating or
hallucinatory drug.
(e) The officer will remain subject to this and all other Department policies (including
qualifying and training).
Officers are cautioned that individual states may enact local regulations that permit private
persons or entities to prohibit or restrict the possession of concealed firearms on their property,
or that prohibit or restrict the possession of firearms on any state or local government property,
installation, building, base or park. Federal authority may not shield an officer from arrest and
prosecution in such locally restricted areas.
Visiting active and retired peace officers from other states are subject to all requirements set forth
in 18 United States Code 926B and C.

312.11 DESTRUCTION OF ANIMALS

Department membersare authorized to use firearms to stop an animal in circumstances where the
animal reasonably appears to pose an imminent threat to human safety and alternative methods
are either not reasonably available, or would likely be ineffective.
In circumstances where there is sufficient advance notice that a potentially dangerous animal may
be encountered, department members should develop reasonable contingency plans for dealing
with the animal (e.g., fire extinguisher, TASER® device, oleoresin capsicum (OC) spray, animal
safety officer). Nothing in this policy shall prohibit any member from shooting a dangerous animal
if circumstances reasonably dictate that a contingency plan has failed or becomes impractical.

312.12 INJURED ANIMALS

With the approval of a supervisor, a Department member may euthanize an animal that is so
badly injured that human compassion requires its removal from further suffering and where other
dispositions are impractical (Penal Code § 597.1(e)).
Injured animals (with the exception of dogs and cats) may only be euthanized after a reasonable
search to locate the owner has been made (Penal Code § 597.1(b)). Injured dogs and cats found

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without their owners shall be taken to an appropriate veterinarian for determination of whether
they should be treated or humanely destroyed.

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314.1 PURPOSE AND SCOPE
Vehicle pursuits expose innocent citizens, law enforcement officers and fleeing violators to the risk
of serious injury or death. The primary purpose of this policy is to provide officers with guidance
in balancing the safety of the public and themselves against law enforcement's duty to apprehend
violators of the law. Another purpose of this policy is to reduce the potential for pursuit-related
collisions. Vehicular pursuits require officers to exhibit a high degree of common sense and sound
judgment. Officers must not forget that the immediate apprehension of a suspect is generally not
more important than the safety of the public and pursuing officers.
Deciding whether to pursue a motor vehicle is a critical decision that must be made quickly and
under difficult and unpredictable circumstances. In recognizing the potential risk to public safety
created by vehicular pursuits, no officer or supervisor shall be criticized or disciplined for deciding
not to engage in a vehicular pursuit because of the risk involved. This includes circumstances
where department policy would permit the initiation or continuation of the pursuit. It is recognized
that vehicular pursuits are not always predictable and decisions made pursuant to this policy will
be evaluated according to the totality of the circumstances reasonably available at the time of
the pursuit.
Officers must remember that the most important factors to the successful conclusion of a pursuit
are proper self-discipline and sound professional judgment. Officer's conduct during the course
of a pursuit must be objectively reasonable; that is, what a reasonable officer would do under the
circumstances. An unreasonable individual’s desire to apprehend a fleeing suspect at all costs
has no place in professional law enforcement.

314.1.1 VEHICLE PURSUIT DEFINED

A vehicle pursuit is an event involving one or more law enforcement officers attempting to
apprehend a suspect, who is attempting to avoid arrest while operating a motor vehicle by using
high-speed driving or other evasive tactics, such as driving off a highway, turning suddenly, or
driving in a legal manner but willfully failing to yield to an officer’s signal to stop.

314.2 OFFICER RESPONSIBILITIES

It shall be the policy of this department that a vehicle pursuit shall be conducted only with red
light and siren as required by Vehicle Code § 21055 for exemption from compliance with the rules
of the road. The following policy is established to provide officers with guidelines for driving with
due regard and caution for the safety of all persons using the highway as required by Vehicle
Code § 21056.

314.2.1 WHEN TO INITIATE A PURSUIT

Officers are authorized to initiate a pursuit when it is reasonable to believe that a suspect is
attempting to evade arrest or detention by fleeing in a vehicle.

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The following factors individually and collectively shall be considered in deciding whether to initiate
a pursuit:
(a) Seriousness of the known or reasonably suspected crime and its relationship to
community safety.
(b) The importance of protecting the public and balancing the known or reasonably
suspected offense and the apparent need for immediate capture against the risks to
officers, innocent motorists and others.
(c) Apparent nature of the fleeing suspects (e.g., whether the suspects represent a
serious threat to public safety).
(d) The identity of the suspects has been verified and there is comparatively minimal risk
in allowing the suspects to be apprehended at a later time.
(e) Safety of the public in the area of the pursuit, including the type of area, time of day,
the amount of vehicular and pedestrian traffic and the speed of the pursuit relative to
these factors.
(f) Pursuing officers familiarity with the area of the pursuit, the quality of radio
communications between the pursuing units and the dispatcher/supervisor and the
driving capabilities of the pursuing officers under the conditions of the pursuit.
(g) Weather, traffic and road conditions that substantially increase the danger of the
pursuit beyond the worth of apprehending the suspect.
(h) Performance capabilities of the vehicles used in the pursuit in relation to the speeds
and other conditions of the pursuit.
(i) Vehicle speeds.
(j) Other persons in or on the pursued vehicle (e.g., passengers, co-offenders and
hostages).
(k) Availability of other resources such as helicopter assistance.
(l) The police unit is carrying passengers other than police officers. Pursuits should not
be undertaken with a prisoner in the police vehicle.

314.2.2 WHEN TO TERMINATE A PURSUIT

Pursuits should be discontinued whenever the totality of objective circumstances known or which
reasonably ought to be known to the officer or supervisor during the pursuit indicates that the
present risks of continuing the pursuit reasonably appear to outweigh the risks resulting from the
suspect’s escape.
The factors listed in When to Initiate a Pursuit of this policy are expressly included herein and will
apply equally to the decision to discontinue as well as the decision to initiate a pursuit. Officers
and supervisors must objectively and continuously weigh the seriousness of the offense against
the potential danger to innocent motorists and themselves when electing to continue a pursuit. In

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the context of this policy, the term “terminate” shall be construed to mean discontinue or to stop
chasing the fleeing vehicle.
In addition to the factors listed in When to Initiate a Pursuit of this policy, the following factors
should also be considered in deciding whether to terminate a pursuit:
(a) Distance between the pursuing officers and the fleeing vehicle is so great that further
pursuit would be futile or require the pursuit to continue for an unreasonable time and/
or distance.
(b) Pursued vehicle’s location is no longer definitely known.
(c) Officer’s pursuit vehicle sustains any type of damage that renders it unsafe to drive.
(d) Extended pursuits of violators for misdemeanors not involving violence or risk of
serious harm (independent of the pursuit) are discouraged.
(e) There are hazards to uninvolved bystanders or motorists.
(f) If the identity of the offender is known and it does not reasonably appear that the
need for immediate capture outweighs the risks associated with continuing the pursuit,
officers should strongly consider discontinuing the pursuit and apprehending the
offender at a later time.
(g) Pursuit is terminated by a supervisor.

314.2.3 SPEED LIMITS

The speed of a pursuit is a factor that should be evaluated on a continuing basis by the officer and
supervisor. Evaluation of vehicle speeds shall take into consideration public safety, officer safety
and the safety of the occupants of the fleeing vehicle.
Should high vehicle speeds be reached during a pursuit, officers and supervisors shall also
consider these factors when determining the reasonableness of the speed of the pursuit:
(a) Pursuit speeds have become unreasonably unsafe for the surrounding conditions.
(b) Pursuit speeds have exceeded the driving ability of the officer.
(c) Pursuit speeds are beyond the capabilities of the pursuit vehicle thus making its
operation unsafe.

314.3 PURSUIT UNITS

Pursuit units should be limited to two vehicles not including a supervisor or K-9 unit; however, the
number of units involved will vary with the circumstances. An officer or supervisor may request
additional units to join a pursuit if, after assessing the factors outlined above, it appears that the
number of officers involved would be insufficient to safely arrest the suspect(s). All other officers
should stay out of the pursuit, but should remain alert to its progress and location. Any officer who
drops out of a pursuit may then, if necessary, proceed to the termination point at legal speeds,
following the appropriate rules of the road.

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314.3.1 MOTORCYCLE OFFICERS

A distinctively marked patrol vehicle equipped with emergency overhead lighting should replace
a police motorcycle as primary and/or secondary pursuit unit as soon as practical.

314.3.2 VEHICLES WITHOUT EMERGENCY EQUIPMENT

Vehicles not equipped with red light and siren are generally prohibited from initiating or joining
in any pursuit. Officers in such vehicles, however, may become involved in emergency activities
involving serious crimes or life threatening situations. Those officers should terminate their
involvement in any pursuit immediately upon arrival of a sufficient number of emergency police
vehicles or any police helicopter. The exemptions provided by Vehicle Code § 21055 do not apply
to officers using vehicles without emergency equipment.

314.3.3 PRIMARY UNIT RESPONSIBILITIES

The initial pursuing unit will be designated as the primary pursuit unit and will be responsible for
the conduct of the pursuit unless it is unable to remain reasonably close enough to the violator's
vehicle. The primary responsibility of the officer initiating the pursuit is the apprehension of the
suspect(s) without unreasonable danger to themselves or other persons.
Notify the Communications Center that a vehicle pursuit has been initiated and as soon as
practicable provide information including, but not limited to:

(a) Reason for the pursuit.

(b) Location and direction of travel.
(c) Speed of the fleeing vehicle.
(d) Traffic and road conditions.
(e) Description of the fleeing vehicle and license number, if known.
(f) Number of known occupants.
(g) The identity or description of the known occupants.
(h) Information concerning the use of firearms, threat of force, injuries, hostages or other
unusual hazards.

Unless relieved by a supervisor or secondary unit, the officer in the primary unit shall be
responsible for the broadcasting of the progress of the pursuit. Unless practical circumstances
indicate otherwise, and in order to concentrate on pursuit driving, the primary officer should
relinquish the responsibility of broadcasting the progress of the pursuit to a secondary unit or
aircraft joining the pursuit.

314.3.4 SECONDARY UNITS RESPONSIBILITIES

The second officer in the pursuit is responsible for the following:

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(a) The officer in the secondary unit should immediately notify the dispatcher of entry into
the pursuit.
(b) Remain a safe distance behind the primary unit unless directed to assume the role of
primary officer, or if the primary unit is unable to continue the pursuit.
(c) The secondary officer should be responsible for broadcasting the progress of the
pursuit unless the situation indicates otherwise.

314.3.5 PURSUIT DRIVING TACTICS

The decision to use specific driving tactics requires the same assessment of considerations
outlined in the factors to be considered concerning pursuit initiation and termination. The following
are tactics for units involved in the pursuit:
(a) Officers, considering their driving skills and vehicle performance capabilities, will
space themselves from other involved vehicles such that they are able to see and
avoid hazards or react safely to maneuvers by the fleeing vehicle.
(b) Because intersections can present increased risks, the following tactics should be
considered:
1. Available units not directly involved in the pursuit may proceed safely to
controlled intersections ahead of the pursuit in an effort to warn cross traffic.
2. Pursuing units should exercise due caution when proceeding through controlled
intersections.
(c) As a general rule, officers should not pursue a vehicle driving left of center (wrong
way) on a freeway. In the event that the pursued vehicle does so, the following tactics
should be considered:
1. Requesting assistance from an air unit.
2. Maintaining visual contact with the pursued vehicle by paralleling it on the correct
side of the roadway.
3. Requesting other units to observe exits available to the suspects.
(d) Notifying the California Highway Patrol (CHP) and/or other jurisdictional agency if it
appears that the pursuit may enter their jurisdiction.
(e) Officers involved in a pursuit should not attempt to pass other units unless the situation
indicates otherwise or they are requested to do so by the primary unit.

314.3.6 TACTICS/PROCEDURES FOR UNITS NOT INVOLVED IN THE PURSUIT

There should be no paralleling of the pursuit route. Officers are authorized to use emergency
equipment at intersections along the pursuit path to clear intersections of vehicular and pedestrian
traffic to protect the public. Officers should remain in their assigned area and should not become
involved with the pursuit unless directed otherwise by a supervisor.

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Non-pursuing personnel needed at the termination of the pursuit should respond in a non-
emergency manner, observing the rules of the road.
The primary and secondary units should be the only units operating under emergency conditions
(red light and siren) unless other units are assigned to the pursuit.

314.3.7 PURSUIT TRAILING

In the event the initiating unit from this agency either relinquishes control of the pursuit to another
unit or jurisdiction, that initiating unit may, with permission of a supervisor, trail the pursuit to the
termination point in order to provide necessary information and assistance for the arrest of the
suspects.
The term trail means to follow the path of the pursuit at a safe speed while obeying all traffic laws
and without activating emergency equipment. If the pursuit is at a slow rate of speed, the trailing
unit will maintain sufficient distance from the pursuit units so as to clearly indicate an absence of
participation in the pursuit.

314.3.8 AIRCRAFT ASSISTANCE

When available, aircraft assistance should be requested. Once the air unit has established
visual contact with the pursued vehicle, it should provide officers and supervisors with details
of upcoming traffic congestion, road hazards, or other pertinent information to evaluate whether
or not to continue the pursuit. The primary and secondary ground units should consider the
participation of aircraft assistance when determining whether to continue the pursuit.

314.3.9 LAST AUTHORIZED UNIT RESPONSIBLITIES

The last authorized unit in trail is responsible for advising the dispatcher if unauthorized unit/s
join the pursuit.

314.4 SUPERVISORY CONTROL AND RESPONSIBILITY

It is the policy of this department that available supervisory and management control will be
exercised over all vehicle pursuits involving officers from this department.
The field supervisor will be responsible for the following:

(a) Upon becoming aware of a pursuit, immediately ascertaining all reasonably available
information to continuously assess the situation and risk factors associated with the
pursuit in order to ensure that the pursuit is conducted within established department
guidelines.
(b) Engaging in the pursuit, when appropriate, to provide on-scene supervision.
(c) Exercising management and control of the pursuit even if not engaged in it.
(d) Ensuring that no more than the number of required police units needed are involved
in the pursuit under the guidelines set forth in this policy.

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(e) Directing that the pursuit be terminated if, in his/her judgment, it is unjustified to
continue the pursuit under the guidelines of this policy.
(f) Ensuring that aircraft are requested if available.
(g) Ensuring that the proper radio channel is being used.
(h) Ensuring the notification and/or coordination of outside agencies if the pursuit either
leaves or is likely to leave the jurisdiction of this agency.
(i) Controlling and managing OXPD units when a pursuit enters another jurisdiction.
(j) Preparing post-pursuit critique and analysis of the pursuit for training purposes.
(k) Ensuring the required pursuit CHP 187 form is completed.

314.4.1 WATCH COMMANDER RESPONSIBILITY

Upon becoming aware that a pursuit has been initiated, the Watch Commander should monitor
and continually assess the situation and ensure the pursuit is conducted within the guidelines and
requirements of this policy. The Watch Commander has the final responsibility for the coordination,
control and termination of a vehicle pursuit and shall be in overall command.

314.5 COMMUNICATIONS
If the pursuit is confined within the City limits, radio communications will be conducted on the
primary channel unless instructed otherwise by a supervisor or communications dispatcher. If
the pursuit leaves the jurisdiction of this department or such is imminent, involved units should,
whenever available, switch radio communications to an emergency channel most accessible by
participating agencies and units.

314.5.1 COMMUNICATION CENTER RESPONSIBILITIES

Upon notification that a pursuit has been initiated, the Communications Center will:
(a) Coordinate pursuit communications of the involved units and personnel.
(b) Notify and coordinate with other involved or affected agencies as practicable.
(c) Ensure that a field supervisor is notified of the pursuit.
(d) Assign an incident number and log all pursuit activities.
(e) Broadcast pursuit updates as well as other pertinent information as necessary.
(f) Notify the Watch Commander as soon as practicable.

314.5.2 LOSS OF PURSUED VEHICLE

When the pursued vehicle is lost, the primary unit should broadcast pertinent information to assist
other units in locating suspects. The primary unit will be responsible for coordinating any further
search for either the pursued vehicle or suspects fleeing on foot.

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314.6 INTER-JURISDICTIONAL CONSIDERATIONS

When a pursuit enters another agency's jurisdiction, the primary officer or supervisor, taking
into consideration distance traveled, unfamiliarity with the area, and other pertinent facts, should
determine whether to request the other agency to assume the pursuit. Unless entry into another
jurisdiction is expected to be brief, it is generally recommended that the primary officer or
supervisor ensure that notification is provided to each outside jurisdiction into which the pursuit is
reasonably expected to enter, regardless of whether such jurisdiction is expected to assist.
A county-wide pursuit protocol governs the response to vehicle pursuits that enter or leave the
different jurisdictions within the county. The Ventura County Pursuit Protocol is located on the
Department's intranet under Policy Manual section,which outlines the procedures and guidelines
during these situations. The following are valuable excerpts pulled from the protocol. Officers shall
read and become familiar with this protocol in its entirety.

314.6.1 ASSUMPTION OF PURSUIT BY ANOTHER AGENCY

The following terminology shall be used to standardize terms relevant to vehicle pursuits:

(a) Take Over the Pursuit - Assume operational control of the pursuit. The assisting
agency shall dispatch unit(s) to take over for the requesting agency. Once in place,
the requesting agency will disengage from the pursuit.
(b) Request to Assist - A request for a secondary unit. Additional units may be requested
given the circumstances of the pursuit.
(c) Disengage from the Pursuit - Terminate code 3 driving and discontinue trailing the
pursuit.
(d) Assist with the Arrest - This will be a request for unit(s) to assist at the termination
of the pursuit to safely affect the arrest of the suspect(s).
(e) No Assistance Needed - This is a notification only that a pursuit is in an allied agency's
jurisdiction and no additional assistance is needed nor required by the pursuing
agency.
(f) Termination Point - The location where the pursuit comes to a conclusion.

Units originally involved will discontinue the pursuit when advised that another agency has
assumed the pursuit and assistance of the Oxnard Police Department is no longer needed. Upon
discontinuing the pursuit, the primary unit may proceed upon request, with or at the direction of a
supervisor, to the termination point to assist in the investigation.
The role and responsibilities of officers at the termination of a pursuit initiated by this department
shall be coordinated with appropriate consideration of the units from the agency assuming the
pursuit.

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Notification of a pursuit in progress should not be construed as a request to join the pursuit.
Requests to or from another agency to assume a pursuit should be specific. Because of
communication limitations between local agencies and CHP units, a request for CHP assistance
will mean that they will assume responsibilities for the pursuit. For the same reasons, when a
pursuit leaves the freeway and a request for assistance is made to this department, the CHP
should relinquish control.

314.6.2 PURSUITS EXTENDING INTO THIS JURISDICTION

The agency that initiates a pursuit shall be responsible for conducting the pursuit. Units from this
department should not join a pursuit unless specifically requested to do so by the agency whose
officers are in pursuit. The exception to this is when a single unit from the initiating agency is in
pursuit. Under this circumstance, a unit from this department may join the pursuit until sufficient
units from the initiating agency join the pursuit.
When a request is made for this department to assist or take over a pursuit from another agency
that has entered this jurisdiction, the supervisor should consider these additional following factors:
(a) Ability to maintain the pursuit
(b) Circumstances serious enough to continue the pursuit
(c) Adequate staffing to continue the pursuit
(d) The public's safety within this jurisdiction
(e) Safety of the pursuing officers
As soon as practicable, a supervisor or the Watch Commander should review a request for
assistance from another agency. The Watch Commander or supervisor, after consideration of the
above factors, may decline to assist in, or assume the other agency’s pursuit.
Assistance to a pursuing allied agency by officers of this department will terminate at the City
limits provided that the pursuing officers have sufficient assistance from other sources. Ongoing
participation from this department may continue only until sufficient assistance is present.
In the event that a pursuit from another agency terminates within this jurisdiction, officers shall
provide appropriate assistance to officers from the allied agency including, but not limited to, scene
control, coordination and completion of supplemental reports and any other assistance requested
or needed.

314.6.3 INFORMATION EXCHANGE

The requesting agency shall advise the assisting agency of all relevant information including:
(a) The type of assistance requested, using the terminology defined above.
(b) Vehicle/suspect description.
(c) The reason(s) for the pursuit/want.
(d) Information regarding officer safety/identity of suspect/weapons.

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(e) The behavior of the suspect(s) during the pursuit including any information known or
suspected that would affect the need to continue/disengage from the pursuit.
(f) Whether the requesting agency wishes to retain arrest authority over the suspect and
the violations likely to be charged (should the assisting agency successfully stop the
fleeing suspects(s)), or relinquishes all interest in the suspect.

314.6.4 LEVELS OF ASSISTANCE

The unit requesting assistance shall specify the level of assistance required as follows:
Request for another agency to take over the pursuit.
(a) An agency may request, through their watch commander or field supervisor, that
another agency assume operational control of the pursuit. If the assisting agency
agrees to assume control of the pursuit, the assisting agency shall dispatch resources
to take over for the requesting agency.
(b) Upon the arrival of the first unit from the assisting agency, the requesting agency's
primary unit shall become the secondary unit. Upon arrival of additional units from the
assisting agency, the remaining requesting agency unit(s) shall disengage from the
pursuit.
(c) The agency assuming operational control of the pursuit shall exercise its own
discretion regarding the need to continue or disengage from the pursuit. Should
the requesting agency retain arrest authority, that agency shall send resources to
the termination point and assume the responsibilities for the investigation of crimes
committed while the original agency was in control of the pursuit.
(d) In the event of disputes regarding responsibilities, a supervisor shall be dispatched, if
available, or the respective watch commanders will coordinate enforcement actions.
Request for another agency to assist with the pursuit.
(a) An agency may request another agency to provide units to assist with a pursuit. The
request shall be clearly relayed to that agency. Mere notification of an ongoing pursuit
shall not be construed as a request for assistance. Units assigned to assist another
agency shall, upon taking position and notifying their own dispatch of their status,
switch to the radio frequency of the controlling agency and assume the duties of a
secondary unit. The watch commander or field supervisor of the assisting agency
retains the discretion to withdraw any or all of its units at any time.
Request for another agency to assist with the arrest.
(a) An agency may request assistance from another agency if it appears necessary to
safely effect the arrest of the suspect(s) at the end of the pursuit. The requesting
agency shall specify whether the units are needed to participate in the pursuit
or respond to its termination point. They should also specify if a specific type of
resource is requested (i.e. helicopter, K9, SWAT, etc.). The watch commander or field

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supervisor of each agency involved shall decide if more than two units are needed to
participate in the actual pursuit.
Notification only: "No assistance needed"
(a) If a pursuing agency enters another jurisdiction, the pursuing agency will notify the
other jurisdiction. The pursuing agency will advise that it has units in pursuit through
the city/jurisdiction, and specify that no assistance is needed.

314.6.5 END OF PURSUIT PROCEDURE

Responsibilities of the agency ending the pursuit ("the stopping agency").
(a) Notify all involved agencies that the pursuit has ended, and provide its termination
point.
(b) Designate a supervisor to coordinate resources.
Responsibilities of other involved agencies.
(a) The agency that initiated the pursuit shall ensure that the officer with probable cause
(or that officer's supervisor) contacts a supervisor from the stopping agency at the end
of the pursuit to provide information/assistance.
(b) All agencies with information, witnesses, or criminal charges related to the pursuit shall
contact the stopping agency.
(c) All agencies involved in the pursuit shall provide reports as requested by the stopping
agency (or booking agency, if different).
Prisoner processing.
(a) In the absence of any other agreement (e.g., Officer Involved Shooting Protocol), the
suspect(s) from the pursuit shall be turned over to the custody of the agency which
has the most significant charges.
(b) Absent more significant charges by another agency, custody and booking of the
suspect(s) shall default to the responsibility of the agency initiating the pursuit.
(c) The agency assuming custody shall be responsible for processing, booking, and
coordinating related reports.
Traffic collision investigations.
(a) The investigation of traffic collisions resulting from the vehicle pursuit shall be the
responsibility of the agency within the jurisdiction where the collision occurred.

314.6.6 COMMUNICATION
In the event that the pursuing jurisdiction requests an agency to assume responsibility for the
pursuit, communication procedures for that agency shall apply.

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(a) The agency in operational control of the pursuit shall be responsible for relaying
the progress and conditions of the pursuit. When disengaging from a pursuit, the
agency with operational control shall make radio notification to all involved agencies
and ensure that the agencies acknowledge the notification. In the event an agency
needs assistance in another jurisdiction, until additional resources arrive, the assisting
agency can also broadcast the pursuit to keep their agency informed of its progress
and the conditions of the pursuit. Prior to transferring a pursuit to another agency's
radio frequency, the communication center representative should make contact with
the jurisdictional communications center in order to ensure adequate staffing and
functionality of radio communication.
(b) All multi-jurisdictional pursuits should use "clear text" terminology in order to ensure
effective communication.

314.6.7 AGENCY'S POLICY

In the event that the pursuing jurisdiction requests an agency to assume responsibility for the
pursuit or requests assistance, the agency assuming responsibility or providing assistance shall
adhere to its own adopted vehicle pursuit policy.
(a) Each involved agency will be individually responsible for conducting its own internal
inquiry to evaluate its officer(s) conduct with respect to departmental policy.

314.7 PURSUIT INTERVENTION

Pursuit intervention is an attempt to terminate the ability of a suspect to continue to flee in
a motor vehicle through tactical application of technology, road spikes, blocking, boxing, PIT
(Pursuit Intervention Technique), ramming or roadblock procedures. In this context, ramming
shall be construed to mean maneuvering the police unit into contact with the pursued vehicle to
mechanically disable or forcibly position it such that further flight is not possible or practicable.

314.7.1 WHEN USE IS AUTHORIZED

Use of pursuit intervention tactics should be employed only after approval of a supervisor. In
deciding whether to use intervention tactics, officers/supervisors should balance the risks of
allowing the pursuit to continue with the potential hazards arising from the use of each tactic to the
public, the officers and persons in or on the pursued vehicle. With these risks in mind, the decision
to use any intervention tactic should be reasonable in light of the circumstances confronting the
officer at the time of the decision.
It is imperative that officers act within the bounds of legality, good judgment and accepted
practices.
Officers shall not attempt pursuit intervention tactics for which they have not received Department-
approved training.

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314.7.2 DEFINITIONS
Blocking or vehicle intercept - A slow-speed coordinated maneuver where two or more patrol
vehicles simultaneously intercept and block the movement of a suspect vehicle, the driver of which
may be unaware of the impending enforcement stop, with the goal of containment and preventing
a pursuit. Blocking is not a moving or stationary road block.
Boxing-in - A tactic designed to stop a violator’s vehicle by surrounding it with law enforcement
vehicles and then slowing all vehicles to a stop.
Pursuit Intervention Technique (PIT) - A low-speed maneuver designed to cause the suspect
vehicle to spin out and terminate the pursuit.
Ramming - The deliberate act of impacting a violator’s vehicle with another vehicle to functionally
damage or otherwise force the violator’s vehicle to stop.
Roadblocks - A tactic designed to stop a violator’s vehicle by intentionally placing an emergency
vehicle or other immovable object in the path of the violator’s vehicle.
Spikes or tack strips - A device that extends across the roadway designed to puncture the tires
of the pursued vehicle.

314.7.3 USE OF FIREARMS

The use of firearms to disable a pursued vehicle is not generally an effective tactic and involves
all the dangers associated with discharging firearms. Officers should not utilize firearms during
an ongoing pursuit unless the conditions and circumstances dictate that such use reasonably
appears necessary to protect life. Nothing in this section shall be construed to prohibit any officer
from using a firearm to stop a suspect from using a vehicle as a deadly weapon.

314.7.4 INTERVENTION STANDARDS

Any pursuit intervention tactic, depending upon the conditions and circumstances under which
it is used, may present dangers to the officers, the public or anyone in or on the vehicle being
pursued. Certain applications of intervention tactics may be construed to be a use of deadly force
and subject to the requirements for such use. Officers shall consider these facts and requirements
prior to deciding how, when, where and if an intervention tactic should be employed.
(a) Blocking or vehicle intercept should only be considered in cases involving felony
suspects or impaired drivers who pose a threat to public safety when officers
reasonably believe that attempting a conventional enforcement stop will likely result
in the driver attempting to flee in the vehicle. Because of the potential risks involved,
this technique should only be employed by officers who have received training in such
tactics after giving consideration to the following:
1. The need to immediately stop the suspect vehicle or prevent it from leaving
substantially outweighs the risks of injury or death to occupants of the suspect
vehicle, officers, or other members of the public.

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2. All other reasonable intervention techniques have failed or reasonably appear

ineffective.
3. Employing the blocking maneuver does not unreasonably increase the risk to
officer safety.
4. The target vehicle is stopped or traveling at a low speed.
5. At no time should civilian vehicles be used to deploy this technique.
(b) Only those officers trained in the use of the Pursuit Intervention Technique (PIT) will
be authorized to use this procedure and only then with approval of a supervisor upon
consideration of the circumstances and conditions presented at the time, including the
potential for risk of injury to officers, the public and occupants of the pursued vehicle.
(c) Ramming a fleeing vehicle should be done only after other reasonable tactical means
at the officer's disposal have been exhausted. This tactic should be reserved for
situations where there does not appear to be another reasonable alternative method.
This policy is an administrative guide to direct officers in their decision-making process
before ramming another vehicle. When ramming is used as a means to stop a fleeing
vehicle, one or more of the following factors should be present:
1. The suspect is an actual or suspected felon who reasonably appears to
represent a serious threat to the public if not apprehended.
2. The suspect is driving with willful or wanton disregard for the safety of other
persons or is driving in a reckless and life-endangering manner.
3. If there does not reasonably appear to be a present or immediately foreseeable
serious threat to the public, the use of ramming is not authorized.
(d) As with all intervention techniques, pursuing officers should obtain supervisor
approval before attempting to box a suspect vehicle during a pursuit. The use of
such a technique must be carefully coordinated with all involved units, taking into
consideration the circumstances and conditions presented at the time as well as the
potential risk of injury to officers, the public and occupants of the pursued vehicle.
(e) The use of spike strips should be approved in advance by a supervisor and deployed
only when it is reasonably certain that only the pursued vehicle will be affected by
their use. Officers should carefully consider the limitations of such devices as well
as the potential risks to officers, the public and occupants of the pursued vehicle. If
the pursued vehicle is a motorcycle, a vehicle transporting hazardous materials, or a
school bus transporting children, officers and supervisors should weigh the potential
consequences against the need to immediately stop the vehicle.
(f) Because roadblocks involve a potential for serious injury or death to occupants of the
pursued vehicle if the suspect does not stop, the intentional placement of roadblocks
in the direct path of a pursued vehicle is generally discouraged and should not be

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deployed without prior approval of a supervisor and only then under extraordinary
conditions when all other reasonable intervention techniques have failed or reasonably
appear ineffective and the need to immediately stop the pursued vehicle substantially
outweighs the risks of injury or death to occupants of the pursued vehicle, officers or
other members of the public.

314.7.5 CAPTURE OF SUSPECTS

Proper self-discipline and sound professional judgment are the keys to a successful conclusion
of a pursuit and apprehension of evading suspects. Officers shall use only that amount of force,
which reasonably appears necessary under the circumstances, to properly perform their lawful
duties.
Unless relieved by a supervisor, or another officer, the primary officer should coordinate efforts
to apprehend the suspects following the pursuit. Officers should consider safety of the public and
the involved officers when formulating plans to contain and capture the suspects.

314.8 REPORTING REQUIREMENTS

The following reports should be completed to comply with appropriate local and state regulations:

(a) The primary officer shall complete appropriate crime/arrest reports.

(b) Pursuant to Vehicle Code § 14602.1(b), the primary officer shall complete a CHP 187
form to be reviewed by a sergeant and turned in to the Traffic Unit.
(c) The CHP 187 form will then be sent to the CHP by the Traffic Unit either electronically
or on paper not later than 30 days after the pursuit.
(d) A field supervisor shall complete the Supervisor's Pursuit Report summarizing the
pursuit to evaluate the pursuit in terms of department policy. This report shall contain,
at a minimum, the following information and be directed to the Pursuit Review
Commander:
1. Date and time of pursuit.
2. Length of time of pursuit.
3. Involved units and officers.
4. Initial reason for pursuit.
5. Starting and termination points.
6. Disposition: arrest, citation, etc. Arrestee information should be provided if
applicable.
7. Injuries and/or property damage.
8. Medical treatment
9. Name of supervisor at scene.

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10. A preliminary determination, simply stating whether or not the pursuit appears
to be in compliance with this policy.
(e) All reports will be forwarded to the Pursuit Review Commander for the pursuit review
committee and both Professional Standard Sergeants.
1. All pursuits will be reviewed by the Pursuit Review Committee.
2. The committee will consist of one commander, the Traffic Sergeant, the
Personnel and Training Sergeant, the Communications Manager, and a PSD III.
Additional may be added at the discretion of the Administrative Services Bureau
Chief.
3. The committee will review the pursuit incident from two areas of concern:
(a) Was the pursuit justified?
(b) Did all dispatchers, officers and supervisors comply with the current pursuit
policy?
4. The committee will forward its findings to the Professional Standards
Commander, which may include future training, commendation, or further
inquiry.
5. The committee will not make any discipline or personnel recommendations to
the Professional Standards Commander.

314.8.1 REGULAR AND PERIODIC PURSUIT TRAINING

In addition to initial and supplementary Police Officer Standard Training (POST) training on
pursuits required by Penal Code § 13519.8, all sworn members of this department will participate
no less than annually in regular and periodic department training addressing this policy and the
importance of vehicle safety and protecting the public at all times, including a recognition of the
need to balance the known offense and the need for immediate capture against the risks to officers
and others (Vehicle Code § 17004.7(d)).

314.8.2 POLICY REVIEW

Each sworn member of this department shall certify in writing that they have received,
read and understand this policy initially, the Ventura County Pursuit Protocol, and upon any
amendments. The POST attestation form, or an equivalent form, may be used to document the
compliance and should be retained in the member’s training file.

314.9 APPLICATION OF VEHICLE PURSUIT POLICY

This policy is expressly written and adopted pursuant to the provisions of Vehicle Code § 17004.7,
with additional input from the POST Vehicle Pursuit Guidelines.

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Operation of Police Vessels

315.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the proper use and safe operation of
department vessels. The goal of this policy is to provide a maximum level of safety for the public
and personnel when operating department vessels.
The effect of this policy is limited to that of an administrative guide for decision making before
the fact and as a standard for administrative judgment of the propriety of the action taken. It is
not to be considered a standard for external judgment (civil or criminal litigation) of the propriety
of an action taken. This is a matter of established law and also a process for courts and juries
reviewing specific facts of a given incident. It is not the intent of the Oxnard Police Department
that this document in anyway have the effect of replacing existing legal standards.

315.2 OPERATING LIMITATION

Only authorized department personnel who have completed department approved training may
operate department vessels. This limitation is inapplicable to situations involving exigent or life
threatening situations.

315.2.1 USE OF PERSONAL FLOTATION DEVICES

(a) Personnel working in a marine environment are exposed to circumstances which could
result in falling overboard. Personal Flotation Devices (PFDs) provide flotation to help
keep one's head above water, to help one to stay face up in the water and to increase
one's chances for survival and rescue.
(b) Personnel working in the marine environment and in such a position that there may
be a threat of falling in the water are encouraged to don the PFD for safety. The only
exception is when wearing or changing into a wet or dry diving suit or transporting
injured persons who may be injured as a result of the donning of the PFD.
(c) Donning the PFD is required anytime the vessel is underway by all personnel on
the boat, including those persons who have been detained or have been placed
under arrest. The operator and crew are responsible for ensuring any passenger
is immediately briefed on the use of the PFD prior to getting underway. Under
exigent circumstances the requirement to immediately don the PFD is suspended until
reasonable to do so.

315.3 EMERGENCY VESSEL OPERATIONS

315.3.1 GUIDELINES
Operators will operate the Department vessel in the same manner as a police vehicle as directed
under the guidelines found in the department's vehicle policies, including, but not limited to, the
Vehicle Pursuit policy.

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315.3.2 PROCEDURE
Only department vessels equipped with an activated overhead blue light and sounding a siren as
reasonably required will enter into an emergency response.

315.3.3 APPLICABLE REGULATIONS

652.5 Harbors and Navigation Code - Lights for Enforcement Vessels
(a) The use of a distinctive blue light is reserved for law enforcement vessels and may be
displayed during the day or night whenever the vessel may be engaged in direct law
enforcement activities, where identification of a law enforcement vessel is desirable
or where necessary for safety reasons.
(b) That light shall be used in addition to prescribed lights and day signals required by law.
(c) The display of such blue lights on vessels for other purposes is prohibited.
(d) Any vessel approaching, overtaking, being approached, or being over taken by a
moving law enforcement vessel operating with a siren or an illuminated blue light, or
any vessel approaching a stationary law enforcement vessel displaying an illuminated
blue light, shall immediately slow to a speed sufficient to maintain steerage only, shall
alter its course, within its ability, so as not to inhibit or interfere with the operation of the
law enforcement vessel, and shall proceed, unless otherwise directed by the operator
of the law enforcement vessel, at the reduced speed until beyond the area of operation
of the law enforcement vessel.
663 Harbors and Navigations Code
(a) Every peace officer shall have the authority to stop and board any vessel subject to
this chapter, where the peace officer has probable cause to believe that a violation of
state law or regulations or local ordinance exists.
663.6 Harbors and Navigation Code
(a) Every vessel if ordered to stop and lie to by a peace officer who is either in uniform
or in a vessel that is distinctly marked as belonging to the law enforcement agency,
shall stop immediately and lie to, or shall maneuver in such a way to permit the law
enforcement vessel to come alongside.

315.3.4 VESSEL PURSUITS

All department personnel operating a department vessel during a vessel pursuit will:
(a) Utilize a "slow speed pursuit" whenever possible.
(b) Continually monitor the wake of the Department vessel, and reduce the speed of
pursuit, if required, to lower the height of the wake to a level which will prevent injuries
to any person, and damage to any property.

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315.3.5 PROPELLER PRECAUTIONS

When in pursuit of a suspect vessel, operators will remain conscious of the possibility of an attempt
by the suspect vessel to disable the Department vessel. The suspect vessel may "troll" lines or
other objects in an effort to "foul" the propellers of department vessels. The safe distance away
from the suspect vessel should be continuously evaluated.

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316 Oxnard PD Policy Manual

Officer Response to Calls

316.1 PURPOSE AND SCOPE
This policy provides for the safe and appropriate response to emergency and non-emergency
situations whether dispatched or self-initiated.

316.2 RESPONSE TO CALLS

Officers dispatched "Code-3" shall consider the call an emergency response and proceed
immediately. Officers responding Code-3 shall continuously operate emergency lighting
equipment, including at minimum a steady forward facing red light, and shall sound the siren as
reasonably necessary pursuant to Vehicle Code § 21055.
Responding with emergency light(s) and siren does not relieve the officer of the duty to continue
to drive with due regard for the safety of all persons. The use of any other warning equipment
without a red light and siren does not provide any exemption from the Vehicle Code.
Officers should only respond Code-3 when so dispatched or when circumstances reasonably
indicate an emergency response is required. Officers not authorized to respond Code-3 shall
observe all traffic laws and proceed without the use of emergency lights and siren.

316.2.1 EMERGENCY LIGHTS

The momentary use of emergency lights only to pass through a red signal light, exceed the posted
speed limit, or otherwise violate the Vehicle Code is prohibited.

316.2.2 RED LIGHTS

Other than operating under Code 3, the steady burning red warning light (and auxiliary blue
and flashing emergency lights) shall be displayed only when necessary for effecting vehicle or
pedestrian stops or when the police vehicle is being used to protect the scene of an incident or
situation where an extreme hazard exists. An extremely hazardous situation may be described
as, but not limited to, when the roadway is blocked by:
(a) A traffic collision.
(b) A disabled vehicle.
(c) A traffic stop.
(d) Any incident that requires the roadway to be blocked.
(e) Any situation when, in the officer's judgment, an extreme hazard exists.

316.3 REQUESTING EMERGENCY ASSISTANCE

Requests for emergency assistance should be limited to those situations where the involved
personnel reasonably believe that there is an immediate threat to the safety of officers, or
assistance is needed to prevent imminent serious harm to a citizen. In any event, where a situation

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has stabilized and emergency response is not required, the requesting officer shall immediately
notify the Communications Center.
If circumstances permit, the requesting officer should give the following information:
• The unit number
• The location
• The reason for the request and type of emergency
• The number of units required

316.4 INITIATING CODE 3 RESPONSE

If an officer believes a Code-3 response to any call is appropriate, the officer shall immediately
notify the Communications Center. Generally, no more than two units should respond Code-3
to any situation. Should another officer believe a Code-3 response is appropriate, the
Communications Center shall be notified and the Watch Commander or field supervisor will make
a determination as to whether more officers driving Code-3 is appropriate.

316.5 RESPONSIBILITIES OF RESPONDING OFFICERS

Officers shall exercise sound judgment and care with due regard for life and property when
responding to an emergency call. Officers shall reduce speed at all street intersections to such a
degree that they shall have complete control of the vehicle.
The decision to continue a Code-3 response is at the discretion of the officer. If, in the officer's
judgment, the roadway conditions or traffic congestion does not permit such a response without
unreasonable risk, the officer may elect to respond to the call without the use of red lights and siren
at the legal speed limit. In such an event, the officer should immediately notify the Communications
Center. An officer shall also discontinue the Code-3 response when directed by a supervisor.
Upon receiving authorization or determining a Code-3 response is appropriate, an officer shall
immediately give the location from which he/she is responding.

316.6 COMMUNICATIONS RESPONSIBILITIES

A dispatcher shall assign a Code-3 response when an officer requests emergency assistance or
available information reasonably indicates that the public is threatened with serious injury or death
and immediate police response is needed. In all other circumstances, the dispatcher shall obtain
authorization from the Watch Commander or a field supervisor prior to assigning units Code-3 .
The dispatcher shall:
(a) Attempt to assign the closest available unit to the location requiring assistance
(b) Immediately notify the Watch Commander
(c) Confirm the location from which the unit is responding
(d) Notify and coordinate allied emergency services (e.g., fire and ambulance)

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(e) Continue to obtain and broadcast information as necessary concerning the response
and monitor the situation until it is stabilized or terminated
(f) Control all radio communications during the emergency and coordinate assistance
under the direction of the Watch Commander or field supervisor

316.7 CODE-3 RESPONSE

The red warning lights and siren shall only be used when a vehicle is being driven in response
to an emergency call.
The term "emergency call," or the Computer-Aided Dispatch (CAD) call-type equivalent of "Priority
1-plus," cannot be defined with exactness. These calls are generally life-threatening in nature
and will be dispatched Code 3. When Fire & EMS respond Code 3 to an injury traffic collision,
Communications will also dispatch one police unit Code 3. All other Priority 1-plus calls will be
handled by a two-unit Code 3 response.
The Watch Commander may authorize additional units Code 3 if the situation so dictates.
Conversely, the Watch Commander may cancel a Code 3 response to a Priority 1-plus call if
extenuating circumstances exist.
It is reasonable to conclude the following types of calls are of an emergency nature and justify
a Code 3 response:
(a) Injury traffic collision.
(b) Serious bodily assault in progress.
(c) Violent crime in progress.
(d) Serious assault is imminent.
(e) Seriously injured victim.
(f) Request for backup expedite by a police officer, firefighter or Emergency Medical
Services (EMS) personnel.
(g) Report of a police officer, firefighter or EMS personnel injured or down.
(h) Other critical calls for service that includes extenuating circumstances where a life
may be in danger.
(i) When in the immediate pursuit of an actual or suspected violator of the law.
(j) Administrative or station assignments, i.e. parade, escort, testing equipment, etc.

316.7.1 FAILURE OF EMERGENCY EQUIPMENT

If the emergency equipment on the vehicle should fail to operate, the officer must terminate
the Code-3 response and respond accordingly. In all cases, the officer shall notify the Watch
Commander, field supervisor, or the Communications Center of the equipment failure so that
another unit may be assigned to the emergency response.

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316.8 OFFICER ASSISTANCE/HELP CALLS

In the past, there were a variety of ways in which officers requested assistance. This lack of
standardized nomenclature resulted in confusion, wasted air time and an inappropriately slow or
fast response to a critical or routine event. Therefore, backup shall be requested in one of the
following manners:
(a) "11-98..." - (e.g. "Have one 11-98 for a search")
(b) "Dispatch..." - ("Dispatch an additional unit")
(c) Expedite Backup - In need of immediate assistance. This will result in an automatic
two-unit Code 3 response.
(d) Code 999 - Officer needs help, "life threatening." Multiple Code 3 responses; will likely
involve response from adjoining agencies.

316.9 EMERGENCY ALERT BUTTON

The emergency alert tone is to be activated in the event that a unit is in a dire situation and needs
assistance and is unable to communicate. The use of this feature should be reserved for only such
situations. It is not intended to replace verbal communications such as "backup expedite."
The emergency alert tone is the orange button on the Motorola HT1250 portable radio. Pressing
the button will activate an audible tone on Band 1 and the officer's name will be displayed on
consoles in the Communications Center. Since the portable radios do not have GPS or location
capabilities, additional resources will be sent to the officer's last known location. If the officer shows
on CAD as being 10-8, units will be sent to the AVL location of the officer's police vehicle or the
last known location of the officer.
When the emergency alert tone is activated, the Band 1 dispatcher will initiate a 10-33 on
Band 1. Two units and a sergeant will be sent Code 3 to the officer's last known location. The
Communication Center will notify the Watch Commander.
If the emergency alert tone button is accidentally pressed, the officer may stop the emergency
tone by depressing the transmit (mic) key on his/her portable radio. In any event, the officer shall
advise of the reason for activating the alert.

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Off-Road Operation of Police Vehicles

317.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the proper use and safe driving of
department off-road vehicles. The goal of this policy is to provide a maximum level of safety for
the public in off-road driving situations.
The effect of this policy is limited to that of an administrative guide for decision-making before
the fact and as a standard for administrative judgment of the propriety of the action taken. It is
not to be considered a standard for external judgment (civil or criminal litigation) of the propriety
of an action taken. This is a matter of established law and also a process for courts and juries
reviewing specific facts of a given incident. It is not the intent of the Oxnard Police Department
that this document in any way have the effect of replacing existing legal standards.

317.2 OPERATING LIMITATION

Only authorized department personnel who have completed department-approved training
through the Driver Awareness Unit may drive vehicles off-road. This limitation is inapplicable to
situations involving exigent or life-threatening situations.

317.3 BEACH DRIVING

Rationale. All employees are reminded that vehicles are foreign to the beach environment. The
public is not expecting vehicles on the beach. Drivers must therefore utilize extreme caution at all
times while operating vehicles on the beach. Safety is of paramount importance in the operation
of any vehicle on the beach.
Designated Vehicles. SUV's and trucks will not be used for routine patrol of the beach (unless
authorized by the Field Services Bureau Chief for special events) and will only be used on the
beach to respond to calls for service. All-terrain vehicles will be the only authorized motor vehicle
used for routine beach patrol.
Driving Guidelines.
(a) Officers shall use designated access points only, where they exist, when entering and
exiting beaches except in exigent or life-threatening situations. Access points will be
clearly marked with signs designating such routes.
(b) Headlights shall be on at all times when driving on the beach.
(c) Prior to entering the beach, the driver shall be responsible to ensure that the forward
and backup alert systems on the vehicle, if so equipped, are operational and that the
vehicle's 4-WD selector is in the 4-HIGH position for beach driving or 2-HIGH for use
on the roadway.

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(d) The driver shall concentrate on driving safely, while the passenger officer should watch
the water and area patrolled. If the driver is alone and must watch the water, the vehicle
must be stopped to give full attention.
(e) All driving on the beach should be at 10-mph or less, unless operating Code 3. In all
instances the vehicle's speed should be limited to what will assure safety to the public
and the driver.
(f) Drivers are discouraged from making right turns, as the potential for objects or
person(s) being in blind spots is increased.
(g) Drivers should stay as far away from beach goers as possible and stop a safe distance
from people who will be crossing the vehicle's path.
(h) Drivers should try to establish and maintain pathways that the public can identify and
avoid.
(i) Drivers should avoid driving up or down berms when possible. If it is absolutely
necessary to drive over a berm, it is the responsibility of the driver to ensure there are
no people or hazards in the path of the vehicle by visibly verifying.
(j) Drivers are encouraged to periodically alert beach goers of the presence of the vehicle
by short use of the siren or horn, or by clicking the microphone to the PA.
(k) Drivers should avoid heavy soft sand areas.
(l) If a vehicle gets stuck in the sand and it is possible it will be damaged by water,
drivers should safely remove equipment from the vehicle and request the necessary
resources to recover the vehicle. If a vehicle gets stuck and is not in danger of water
or other immediate damage, drivers should take the necessary time to safely recover
the vehicle.

317.4 PARKING AND STOPPING

The following shall apply to the parking and stopping of vehicles off-road and on the beach:
(a) Never leave an unattended vehicle running. If a vehicle must be left unattended, the
vehicle must be off with the emergency brake engaged.
(b) Do not park parallel with the fall of a steep decline.
(c) Prior to driving a vehicle which has stopped or been parked on the beach, the driver
must visibly check around and under the vehicle for people or objects before driving
away.

317.5 TRANSPORTING PEOPLE AND EQUIPMENT

Although it is not prohibited to transport passengers who are not employees of the department
while driving off-road, it is discouraged. Driving off-road can be more difficult than driving on
streets, and passengers may be a further distraction to the driver. It is recommended that

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passengers who are not employees of the department actively engaged in assisting the driver
with safe vehicle operations not be taken off-road. If passengers and equipment are transported
in the vehicle, the following will apply:
(a) Do not transport anyone not safely restrained with a shoulder harness and seatbelt
unless in an emergency situation that would require otherwise.
(b) Equipment must be properly stored and secured before driving to ensure that it does
not shift and cause a distraction or injury to the driver or passengers.

317.6 CODE-3 RESPONSE ON THE BEACH

Even though Code 3 means "red lights and siren," the siren is most often ineffective and disruptive
to beachgoers as well as the vehicle operator. Heavily populated areas can be cleared with a
public address or a short blast of the siren.
(a) Never expect anyone to get out of the way. People are not accustomed to vehicles
driving Code 3 on the beach and may not heed the warning.
(b) Use wide-open spots to drive faster, and drive as far away from people as possible.
Slow down before reaching a crowded area, warning them with a simple public address
as above.
(c) Drivers may have to drive just as slowly as on a routine call. Nothing is so urgent that
safe driving practices should not be followed. The vehicle must not be driven faster
than is safe.

317.7 OTHER OFF-ROAD DRIVING

Drivers shall use extreme caution when driving off-road and shall not operate a vehicle at speeds
unsafe for the conditions present. Drivers shall not operate vehicles in conditions that have not
been sufficiently covered through department training.

317.8 HELMETS AND SEATBELTS

The operator and all passengers shall wear a DOT- approved safety helmet and seatbelts while
operating any department All-terrain vehicle unless in an emergency situation that would require
otherwise.

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K-9 Unit
318.1 PURPOSE AND SCOPE
This policy establishes guidelines for the use of K-9's to augment police services to the community
including, but not limited to locating individuals and contraband and apprehending criminal
offenders.

318.2 POLICY
It is the policy of the Oxnard Police Department that teams of handlers and K-9's meet and maintain
the appropriate proficiency to effectively and reasonably carry out legitimate law enforcement
objectives.

318.3 ASSIGNMENT
K-9 teams should be assigned to assist and supplement the Field Services Bureau and the
Investigation Services Bureau. However, they may be assigned by the Special Operations
Commander or Watch Commander to other functions, based on the current operational needs.
K-9 teams should generally not be assigned to handle routine matters that will take them out of
service for extended periods of time.

318.4 CANINE COORDINATOR

The K-9 coordinator shall be appointed by and directly responsible to the Field Services Bureau or
the authorized designee.
The responsibilities of the coordinator include, but are not limited to:
(a) Reviewing all K-9 use reports to ensure compliance with policy and to identify training
issues and other needs of the program.
(b) Maintaining a liaison with the vendor kennel.
(c) Maintaining a liaison with command staff and functional supervisors.
(d) Maintaining a liaison with other agency K-9 coordinators.
(e) Maintaining accurate records to documentK-9 activities.
(f) Recommending and overseeing the procurement of equipment and services for the
teams of handlers and K-9's.
(g) Scheduling all K-9related activities.
(h) Ensuring the K-9teams are scheduled for regular training to maximize their
capabilities.

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318.5 REQUESTS FOR K-9 TEAMS

Field Services Bureau members are encouraged to request the use of a K-9. Requests for a
K-9 team that is off duty or from department units outside of the Field Services Bureau shall be
approved by the Special Operations Commander and or the K-9 Sergeant.

318.5.1 OUTSIDE AGENCY REQUEST

All requests for K-9 assistance from outside agencies must be approved by the Watch
Commander and or the K-9 Sergeant and are subject to the following:
(a) K-9 teams shall not be used for any assignment that is not consistent with this policy.
(b) The K-9 handler shall have the authority to decline a request for any specific
assignment that he/she deems unsuitable.
(c) Calling out off-duty K-9 teams is discouraged.
(d) It shall be the responsibility of the K--9 handler to coordinate operations with agency
personnel in order to minimize the risk of unintended injury.
(e) It shall be the responsibility of the K-9 handler to complete all necessary reports or
as directed.

318.5.2 PUBLIC DEMONSTRATIONS

All public requests for a K-9 team shall be reviewed and, if appropriate, approved by the K-9
Sergeant prior to making any resource commitment. The K-9 coordinator is responsible for
obtaining resources and coordinating involvement in the demonstration to include proper safety
protocols. K-9 handlers shall not demonstrate any apprehension work unless authorized to do so
by the K-9 Sergeant.

318.5.3 HANDLER COMPENSATION

The K-9 handler shall be compensated for time spent in the care, feeding, grooming and other
needs of the dog as provided in the Fair Labor Standards Act. The compensation shall be
prescribed in the employee's Memorandum of Understanding.

318.6 APPREHENSION GUIDELINES

A K-9 may be used to locate and apprehend a suspect if the K-9 handler reasonably believes that
the individual has either committed, is committing or threatening to commit any serious offense
and if any of the following conditions exist:
(a) There is a reasonable belief the suspect poses an imminent threat of violence or
serious harm to the public, any officer or the handler.
(b) The suspect is physically resisting or threatening to resist arrest and the use of a
K-9reasonably appears to be necessary to overcome such resistance.
(c) The suspect is believed to be concealed in an area where entry by other than the
K-9would pose a threat to the safety of officers or the public.

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It is recognized that situations may arise that do not fall within the provisions set forth in this policy.
Such events require consideration of the totality of the circumstances and the use of an objective
reasonableness standard applied to the decision to use a K-9.
Absent a reasonable belief that a suspect has committed, is committing or is threatening to commit
a serious offense, mere flight from a pursuing officer, without any of the above conditions, shall
not serve as the basis for the use of a K-9 to apprehend a suspect.
Use of a K-9 to locate and apprehend a suspect wanted for a lesser criminal offense than
those identified above requires approval from the Watch Commander or the Special Operations
Commander. Absent a change in circumstances that present an imminent threat to officers, the
K-9 or the public, such K-9 use should be conducted on-leash or under conditions that minimize
the likelihood the K-9 will bite or otherwise injure the individual.
In all applications, once the suspect has been located and no longer reasonably appears to present
a threat or risk of escape, the handler should secure the K-9 as soon as it becomes reasonably
practicable.
If the K-9 has apprehended the suspect with a secure bite, and the handler believes that the
suspect no longer poses a threat, the handler should promptly command the K-9 to release the
suspect.

318.6.1 PREPARATION FOR DEPLOYMENT

Prior to the use of a K-9 to search for or apprehend any suspect, the K-9handler and/or the
supervisor on-scene should carefully consider all pertinent information reasonably available at the
time. The information should include, but is not limited to:
(a) The nature and seriousness of the suspected offense.
(b) Whether violence or weapons were used or are anticipated.
(c) The degree of resistance or threatened resistance, if any, the suspect has shown.
(d) The suspect’s known or perceived age.
(e) The potential for injury to officers or the public caused by the suspect if the K-9 is not
utilized.
(f) Any potential danger to the public and/or other officers at the scene if the K-9 is
released.
(g) The potential for the suspect to escape or flee if the K-9is not utilized.
As circumstances permit, the K-9 handler should make every reasonable effort to communicate
and coordinate with other involved members to minimize the risk of unintended injury.
It is the K-9 handler’s responsibility to evaluate each situation and determine whether the use of
a K-9 is appropriate and reasonable. The K-9 handler shall have the authority to decline the use
of the K-9 whenever he/she deems deployment is unsuitable.
A supervisor who is sufficiently apprised of the situation may prohibit deploying the K-9.

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Unless otherwise directed by a supervisor, assisting members should take direction from the
handler in order to minimize interference with the K-9.

318.6.2 WARNINGS AND ANNOUNCEMENTS

Unless it would increase the risk of injury or escape, a clearly audible warning announcing that
a K-9 will be used if the suspect does not surrender should be made prior to releasing a K-9.
The handler should allow a reasonable time for a suspect to surrender and should quiet the K-9
momentarily to listen for any verbal response to the warning. If feasible, other members should
be in a location opposite the warning to verify that the announcement could be heard. If available,
warnings given in other languages should be used as necessary.
If a warning is not to be given, the K-9 handler, when practicable, should first advise the supervisor
of his/her decision before releasing the K-9. In the event of an apprehension, the handler shall
document in any related report how the warning was given and, if none was given, the reasons
why.

318.6.3 REPORTING DEPLOYMENTS, BITES AND INJURIES

Whenever a K-9 deployment results in a bite or causes injury to an intended suspect, a supervisor
should be promptly notified and the injuries documented in a K-9 use report. The injured
person shall be promptly treated by emergency medical services personnel and, if appropriate,
transported to an appropriate medical facility for further treatment. The deployment and injuries
should also be included in any related incident or arrest report.
Any unintended bite or injury caused by a K-9, whether on- or off-duty, shall be promptly reported
to the K-9 coordinator, K-9 Sergeant and the Special Operations Commander. Unintended bites
or injuries caused by a K-9 should be documented in a memorandum to the Special Operations
Commander, not in a K-9 use report.
If an individual alleges an injury, either visible or not visible, a supervisor shall be notified and both
the individual’s injured and uninjured areas shall be photographed as soon as practicable after first
tending to the immediate needs of the injured party. Photographs shall be retained as evidence in
accordance with current department evidence procedures. The photographs shall be retained until
the criminal proceeding is completed and the time for any related civil proceeding has expired.
K-9's used by law enforcement agencies are generally exempt from impoundment and reporting
requirements. However, the K-9 shall be made available for examination at any reasonable time
if requested by the local health department. The K-9 handler shall also notify the local health
department if the K-9 exhibits any abnormal behavior after a bite (Health and Safety Code §
121685).

318.7 NON-APPREHENSION GUIDELINES

Properly trained K-9's may be used for article detection, narcotics detection or bomb/explosive
detection. The K-9 handler is responsible for determining the K-9’s suitability for such assignments
based on the conditions and the particular abilities of the K-9.

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318.7.1 ARTICLE DETECTION

A K-9 trained to find objects or property related to a person or crime may be used to locate or
identify articles. A K-9 search should be conducted in a manner that minimizes the likelihood of
unintended bites or injuries.

318.7.2 NARCOTICS DETECTION

A K-9 trained in narcotics detection may be used in accordance with current law and under certain
circumstances, including:
(a) The search of vehicles, buildings, bags and other articles.
(b) Assisting in the search for narcotics during a search warrant service.
(c) Obtaining a search warrant by using the narcotics-detection trained K-9 in support of
probable cause.
A narcotics-detection trained K-9 will not be used to search a person for narcotics unless the K-9
is trained to passively indicate the presence of narcotics.

318.7.3 BOMB/EXPLOSIVE DETECTION

Because of the high risk of danger to the public and officers when a bomb or other explosive
device is suspected, the use of a K-9 team trained in explosive detection may be considered.
When available, an explosive-detection K-9 team may be used in accordance with current law
and under certain circumstances, including:
(a) Assisting in the search of a building, structure, area, vehicle or article where an actual
or suspected explosive device has been reported or located.
(b) Assisting with searches at transportation facilities and vehicles (e.g., buses, airplanes,
trains).
(c) Preventive searches at special events, VIP visits, official buildings and other restricted
areas. Searches of individuals should remain minimally intrusive and shall be strictly
limited to the purpose of detecting explosives.
(d) Assisting in the search of scenes where an explosion has occurred and an explosive
device or secondary explosive device is suspected.
At no time will an explosive-detection trained K-9 be used to render a suspected device safe or
clear.

318.8 HANDLER SELECTION

The selection process for the assignment of K-9 handler shall be conducted in accordance with
Oxnard Police Department policy 1003. Additional qualifications for the assignment of K-9 handler
are as follows:
a. Reside in an adequately fenced, single-family residence (minimum six foot high fence with
locking gates).
b. Have a garage which can be secured and accommodate a K-9 unit.

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c. Agree to be assigned to the position for a minimum of four (4) years.

Exceptions must have written approval of the Special Operations Commander and K-9 Sergeant.

318.9 HANDLER RESPONSIBILITIES

The K-9 handler shall ultimately be responsible for the health and welfare of the K-9 and shall
ensure that the K-9receives proper nutrition, grooming, training, medical care, affection and living
conditions.
The K-9 handler will be responsible for the following:
(a) Except as required during appropriate deployment, the handler shall not expose the
K-9 to any foreseeable and unreasonable risk of harm.
(b) The handler shall maintain all department equipment under his/her control in a clean
and serviceable condition.
(c) When not in service, the handler shall maintain the K-9 vehicle in a locked garage,
away from public view.
(d) When a handler is off-duty for an extended number of days, the assigned K-9 vehicle
should be stored at the Oxnard Police Department facility.
(e) Handlers shall permit the K-9 coordinator to conduct spontaneous on-site inspections
of affected areas of their homes as well as their K-9 vehicles to verify that conditions
and equipment conform to this policy.
(f) Any changes in the living status of the handler that may affect the lodging or
environment of the K-9e shall be reported to the K-9 coordinator as soon as possible.
(g) When off-duty, the K-9 shall be in a kennel provided by the City at the home of the
handler. When a K-9 is kenneled at the handler’s home, the gate shall be secured
with a lock. When off-duty, the K-9 may be let out of the kennel while under the direct
control of the handler.
(h) The K-9 should be permitted to socialize in the home with the handler’s family for short
periods of time and under the direct supervision of the handler.
(i) Under no circumstances will the K-9 be lodged at another location unless approved
by the K-9 Sergeant or Special Operations Commander.
(j) When off-duty, the handler shall not involve the K-9 in any law enforcement activity
or official conduct unless approved in advance by the K-9coordinator or Special
Operations Commander.
(k) Whenever a K-9 handler is off-duty for an extended number of days, it may be
necessary to temporarily relocate the K-9. In those situations, the handler shall give
reasonable notice to the K-9 coordinator so that appropriate arrangements can be
made.

318.9.1 K-9 IN PUBLIC AREAS

The K-9 should be kept on a leash when in areas that allow access to the public. Exceptions to
this rule would include specific law enforcement operations for which the K-9 is trained.

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(a) A K-9 shall not be left unattended in any area to which the public may have access.
(b) When the K-9 vehicle is left unattended, all windows and doors shall be secured in
such a manner as to prevent unauthorized access to the K-9. The handler shall also
ensure that the unattended vehicle remains inhabitable for the K-9.

318.10 K-9 INJURY AND MEDICAL CARE

In the event that a K-9 is injured, or there is an indication that the K-9 is not in good physical
condition, the injury or condition will be reported to the K-9 coordinator or Special Operations
Commander as soon as practicable and appropriately documented.
All medical attention shall be rendered by the designated K-9 veterinarian, except during an
emergency where treatment should be obtained from the nearest available veterinarian. All
records of medical treatment shall be maintained in the handler’s personnel file.

318.11 TRAINING
Before assignment in the field, each K-9 team shall be trained and certified to meet current POST
guidelines or other recognized and approved certification standards. Cross-trained K-9 teams or
those K-9 teams trained exclusively for the detection of narcotics and/or explosives also shall be
trained and certified by the California Narcotic CanineAssociation (CNCA) or other recognized
and approved certification standards established for their particular skills.
The K-9 coordinator shall be responsible for scheduling periodic training for all department
members in order to familiarize them with how to conduct themselves in the presence of
department K-9s.
All K-9 training should be conducted while on-duty unless otherwise approved by the K-9 Sergeant
or Special Operations Commander.

318.11.1 CONTINUED TRAINING

Each K-9 team shall thereafter be recertified to a current POST, CNCA or other recognized and
approved certification standards on an annual basis. Additional training considerations are as
follows:
(a) K-9 teams should receive training as defined in the current contract with the Oxnard
Police Department K-9 training provider.
(b) K-9 handlers are encouraged to engage in additional training with approval of the K-9
coordinator.
(c) To ensure that all training is consistent, no handler, trainer or outside vendor is
authorized to train to a standard that is not reviewed and approved by this department.

318.11.2 FAILURE TO SUCCESSFULLY COMPLETE TRAINING

Any K-9 team failing to graduate or obtain certification shall not be deployed in the field for tasks
the team is not certified to perform until graduation or certification is achieved. When reasonably
practicable, pending successful certification, the K-9 handler shall be temporarily reassigned to
regular patrol duties.

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318.11.3 TRAINING RECORDS

All K-9 training records shall be maintained in the K-9 handler's and the K-9's training file.

318.11.4 TRAINING AIDS

Training aids are required to effectively train and maintain the skills of K-9s. Officers possessing,
using or transporting controlled substances or explosives for K-9 training purposes must comply
with federal and state requirements regarding the same. Alternatively, the Oxnard Police
Department may work with outside trainers with the applicable licenses or permits.

318.11.5 CONTROLLED SUBSTANCE TRAINING AIDS

Officers acting in the performance of their official duties may possess or transfer controlled
substances for the purpose of narcotics-detection K-9 training in compliance with state and federal
laws (Health & Safety Code § 11367.5; 21 USC § 823(f)).
The Chief of Police or the authorized designee may authorize a member to seek a court order
to allow controlled substances seized by the Oxnard Police Department to be possessed by the
member or a narcotics-detection K-9 trainer who is working under the direction of this department
for training purposes, provided the controlled substances are no longer needed as criminal
evidence.
As an alternative, the Chief of Police or the authorized designee may request narcotics training
aids from the Drug Enforcement Agency (DEA).
These procedures are not required if the K-9 handler uses commercially available synthetic
substances that are not controlled narcotics.

318.11.6 CONTROLLED SUBSTANCE PROCEDURES

Due to the responsibilities and liabilities involved with possessing readily usable amounts of
controlled substances and the ever-present danger of the K-9’s accidental ingestion of these
controlled substances, the following procedures shall be strictly followed:
(a) All controlled substance training samples shall be weighed and tested prior to
dispensing to the individual K-9 handler or trainer.
(b) The weight and test results shall be recorded and maintained by this department.
(c) Any person possessing controlled substance training samples pursuant to court order
or DEA registration shall maintain custody and control of the controlled substances and
shall keep records regarding any loss of, or damage to, those controlled substances.
(d) All controlled substance training samples will be inspected, weighed and tested
quarterly. The results of the quarterly testing shall be recorded and maintained by the
K-9 coordinator with a copy forwarded to the dispensing agency.
(e) All controlled substance training samples will be stored in locked, airtight and
watertight cases at all times, except during training.

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(f) The K-9 coordinator shall periodically inspect every controlled substance training
sample for damage or tampering and take any appropriate action.
(g) Any unusable controlled substance training samples shall be returned to the Property
Unit or to the dispensing agency.
(h) All controlled substance training samples shall be returned to the dispensing agency
upon the conclusion of the training or upon demand by the dispensing agency.

318.11.7 EXPLOSIVE TRAINING AIDS

Officers may possess, transport, store or use explosives or destructive devices in compliance with
state and federal laws (Penal Code § 18800; 18 USC § 842; 27 CFR 555.41).
Explosive training aids designed specifically for K-9 teams should be used whenever feasible. Due
to the safety concerns in the handling and transportation of explosives, inert or non-hazardous
training aids should be employed whenever feasible. The use of explosives or destructive devices
for training aids by K-9 teams is subject to the following:
(a) All explosive training aids, when not in use, shall be properly stored in a secure facility
appropriate for the type of materials.
(b) An inventory ledger shall be maintained to document the type and quantity of explosive
training aids that are stored.
(c) The K-9 coordinator shall be responsible to verify the explosive training aids on hand
against the inventory ledger once each quarter.
(d) Only members of the K-9 team shall have access to the explosive training aids storage
facility.
(e) A primary and secondary custodian will be designated to minimize the possibility of
loss of explosive training aids during and after the training. Generally, the handler will
be designated as the primary custodian while the trainer or authorized second person
on-scene will be designated as the secondary custodian.
(f) Any lost or damaged explosive training aids shall be promptly reported to the K-9
coordinator, who will determine if any further action will be necessary. Any loss
of explosives will be reported to the Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF).

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320 Oxnard PD Policy Manual

Domestic Violence
320.1 PURPOSE AND SCOPE
The purpose of this policy is to provide the guidelines necessary to deter, prevent and reduce
domestic violence through vigorous enforcement and to address domestic violence as a serious
crime against society. The policy specifically addresses the commitment of this department to take
enforcement action when appropriate, to provide assistance to victims and to guide officers in the
investigation of domestic violence.

320.2 POLICY
The Oxnard Police Department’s response to incidents of domestic violence and violations of
related court orders shall stress enforcement of the law to protect the victim and shall communicate
the philosophy that domestic violence is criminal behavior. It is also the policy of this [department/
office] to facilitate victims’ and offenders’ access to appropriate civil remedies and community
resources whenever feasible.

320.3 ENFORCEMENT OF DOMESTIC VIOLENCE

It is the intent of the Legislature that the official response to domestic violence stresses the
enforcement of the laws to protect the victim and shall communicate the attitude that violent
behavior is criminal behavior and will not be tolerated. The following factors shall not be used to
avoid making an arrest:
(a) Marital status of suspect and victim.
(b) Whether or not the suspect lives on the premises with the victim.
(c) Existence or lack of temporary restraining order.
(d) Potential financial consequences of arrest.
(e) Complainant's history or prior complaints.
(f) Verbal assurances that violence will cease.
(g) Complainant's emotional state.
(h) Non-visible injuries.
(i) Location of the incident (public/private).
(j) Victim does not want to prosecute or make private person's arrest.
(k) Speculation that complainant may not follow through with the prosecution.
(l) The case may not result in a conviction.
Officers shall not advise domestic violence victims that they can "press" or "drop" charges. Both the
victim and the suspect should be advised that once a domestic violence crime report is generated,
he/she has no control over the decision to prosecute. The decision of whether or not to prosecute
is made by the District Attorney's Office.

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320.3.1 FELONY ARRESTS

In accordance with state law, an arrest shall be made when there is probable cause to believe
a felony has occurred.
Once the officer has finished the initial investigation, if probable cause exists to arrest the offender
and the officer is unable to locate the suspect, the officer should complete a PC Want and PC
Declaration as soon as practible if the offense involved a weapon, strangulation, or the victim
suffered great bodily injury.

320.3.2 MISDEMEANOR ARRESTS

In accordance with state law, an arrest should generally be made when there is probable cause
to believe a misdemeanor has occurred.

(a) Police officers may make an arrest without a warrant for a misdemeanor assault or
battery not committed in his/her presence when it is committed upon:
1. A current or former spouse.
2. A current or former cohabitant (Family Code § 6209 definition).
3. A fiancé or fiancée.
4. A person with whom the suspect currently is having or has previously had an
engagement or dating relationship.
5. A person with whom the suspect has parented a child.
6. A child of the suspect or a child of one of the above listed categories.
7. Any person who is 65 years of age or older and who is related to the suspect
by blood or legal guardianship.
(b) Both of the following conditions must be present in order to make an arrest in this
situation pursuant to Penal Code § 836(d):
1. The peace officer has probable cause to believe that the person to be arrested
has committed the assault or battery, whether or not it has in fact been
committed.
2. The peace officer makes the arrest as soon as probable cause arises to believe
that the person to be arrested has committed the assault or battery, whether or
not it has in fact been committed.

320.3.3 FIELD RELEASE

A field release may not be used and a physical arrest shall be made when there is a reasonable
likelihood that the offense may continue or resume, or that the safety of persons or property would
be imminently endangered by releasing the arrested person in the field (Penal Code § 853.6).
(a) Any of the following may support the likelihood of a continuing offense:
1. Whether the suspect has a prior history of arrests or citations involving domestic
violence.

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2. Whether the suspect is violating a Stay Away Order issued by a criminal court.
3. Whether the suspect has previously violated, or is currently violating, a valid
temporary restraining order.
4. Whether the suspect has a prior history of other assaultive behavior (e.g., arrests
or convictions for assault and battery or aggravated assaults).
5. Statements from the victim that the suspect has a history of physical abuse
toward the victim.
6. Statements from the victim expressing fear of retaliation or further violence
should the suspect be released.
(b) Officers shall not cite and release for the following offenses (Penal Code § 853.6(a)
(3)):
1. Penal Code § 243(e)(1).
2. Penal Code § 273.5.
3. Penal Code § 273.6 if violence or threats of violence have occurred or the
suspect has gone to the workplace or residence of the protected party.
4. Penal Code 646.9.
5. Other offenses specified in Penal Code § 1270.1, such as serious or violent
felonies.

320.3.4 PRIVATE PERSON'S ARREST

Officers will advise the victim of his/her right to make a private person's arrest when a crime has
been committed outside the officer's presence which does not meet the requirements for an officer
initiated arrest either because it is not a felony or a qualifying misdemeanor offense under Penal
Code § 836(b). Advisements regarding private person's arrests should be held out of the presence
of the suspect. Officers shall not dissuade victims from making a lawful private person's arrest.
Officers should refer to the provisions of Policy Manual § 364 for further options regarding the
disposition of private person's arrests.

320.3.5 PROTECTIVE ORDER VIOLATIONS

Absent exigent circumstances, if probable cause exists to believe an offender has violated a
protective order as defined in Penal Code § 13701(b), an arrest shall be made. These court orders
involve the following:

(a) Prohibit threats, harassment or violence.

(b) Excludes a party from a dwelling.
(c) Prohibit other behaviors specified by the court.

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These protective orders pertain to parties labeled as petitioner and respondent who are married,
formerly married, dating, formerly dated, engaged, formerly engaged, cohabiting, formerly
cohabited or have had a child together.
The court orders under Penal Code § 13701(b) may be captioned as follows:

(a) Domestic Violence Protective Order.

(b) Criminal Court Protective Order.
(c) Emergency Protective Order (EPO).
(d) Order to Show Cause and Temporary Restraining Order (TRO).
(e) Order After Hearing.
(f) Restraining Order - Juvenile.
(g) Judgment of Dissolution and Order.

Any officer determining that there is probable cause to believe that a protective order issued by a
tribunal of another state is valid shall enforce such order as if issued in this state.

320.3.6 TENANCY ISSUES

(a) Officers may request a person who is not in lawful possession of the premises to leave
when:
1. The complainant is in lawful possession of the premise (as exhibited by rent
receipts, lease, deed, verification by apartment manager, etc.).
2. The complainant has requested that the person leave the premises.
(b) The officer will stand by until the suspect removes essential belongings.
(c) If the suspect does not leave upon request, an arrest should be made under Penal
Code § 602.5.
(d) If the complainant requesting removal of the suspect cannot show proof of lawful
possession, the officer should refer the complainant for a Temporary Restraining Order
or other appropriate civil remedy.
(e) If appropriate, a domestic violence situation involving a tenancy issue may be resolved
through the proper application for an Emergency Protective Order.

320.4 INVESTIGATIONS
The following guidelines should be followed by officers when investigating domestic violence
cases:

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(a) Calls of reported, threatened, imminent or ongoing domestic violence and the violation
of any court order are of extreme importance and should be considered among the
highest response priorities. This includes incomplete 9-1-1 calls.
(b) When practicable, officers should obtain and document statements from the victim, the
suspect and any witnesses, including children, in or around the household or location
of occurrence.
(c) Officers should list the full name and date of birth (and school if available) of each
child who was present in the household at the time of the offense. The names of
other children who may not have been in the house at that particular time should also
be obtained for follow-up. If the child was a witness or present in the home during
a domestic violence incident, a CFS Report shall be completed and turned into the
Family Protection Unit.
(d) Officers are required to record all statements and observations.
(e) All injuries, of suspect and victim, should be photographed, regardless of severity,
taking care to preserve the victim’s personal privacy. Where practicable, photographs
should be taken by a person of the same sex. Victims whose injuries are not visible
at the time of the incident should be asked to contact the Family Protection Unit in the
event that the injuries later become visible.
(f) Officers shall request that the victim complete and sign an authorization for release of
medical records related to the incident when applicable.
(g) If the suspect is no longer at the scene, officers should make reasonable efforts to
locate the suspect to further the investigation, provide the suspect with an opportunity
to make a statement and make an arrest or seek an arrest warrant if appropriate.
(h) Seize any firearms or other dangerous weapons in the home, if appropriate and legally
permitted, for safekeeping or as evidence. If the domestic violence involved threats
of bodily harm, any firearm discovered in plain view or pursuant to consent or other
lawful search must be taken into temporary custody (Penal Code § 18250).
(i) When completing an incident or arrest report for violation of a court order, officers
should include specific information that establishes that the offender has been served,
including the date the offender was served, the name of the agency that served the
order and the provision of the order that the subject is alleged to have violated.
(j) Officers should take appropriate enforcement action when there is probable cause to
believe an offense has occurred. Factors that should not be used as sole justification
for declining to take enforcement action include:
1. Marital status of suspect and victim.
2. Whether the suspect lives on the premises with the victim.
3. Claims by the suspect that the victim provoked or perpetuated the violence.
4. The potential financial or child custody consequences of arrest.
5. The physical or emotional state of either party.
6. Use of drugs or alcohol by either party.

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7. Denial that the abuse occurred where evidence indicates otherwise.

8. A request by the victim not to arrest the suspect.
9. Location of the incident (public/private).
10. Speculation that the complainant may not follow through with the prosecution.
11. The racial, cultural, social, professional position or sexual orientation of the
victim or suspect.

320.4.1 PROOF OF SERVICE NOT VERIFIED

When the officer verifies that a restraining order exists but cannot verify proof of service or prior
knowledge of the order by the suspect, the officer shall perform the following:

(a) At the request of the complainant and upon presentation of an endorsed copy of the
restraining order and a proof of service form, serve a copy of the order on the suspect.
Submit the completed proof of service form to the court, regardless of whether or not
the suspect is taken into custody (Code of Civil Procedure § 527.8(i)(2)).
(b) Immediately inform the suspect of the terms of the order and place the suspect on
notice that violation of the order will result in arrest.
(c) Obtain the suspect's address.
(d) Enforce the order but do not make an arrest for any violation of the order occurring
prior to verified proof of service or before an officer's admonition of the terms of the
order. If the suspect continues to violate the order after being advised of the terms, an
arrest should be made (Code of Civil Procedure § 527.8(i)(4)).

If the suspect complies with the order the officer shall complete a report detailing the specific
terms of the order and advisement, the name of the advising officer, and the date and time of
the advisement (Penal Code § 13730(c)). The Department copy of the restraining order shall be
updated to reflect the information listed above.

320.4.2 WHEN ORDERS ARE NOT VERIFIABLE

If the victim is not in possession of the restraining order and/or for any reason the officer can not
verify the validity of the order the following action shall be taken:

(a) Write a report, give the police report number to the victim.
(b) Inform the victim of how to can contact the appropriate detective or investigation unit
for further action (Penal Code § 13730(c)).
(c) Inform the victim of the right to make a private person's arrest for the appropriate
violation.

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In domestic violence cases where the suspect has left the scene, an investigation should be
conducted to determine if a crime has been committed. In such circumstances a written report
shall be completed and the victim shall be informed of the case number and the follow-up criminal
procedure (Penal Code § 13730(c) and § 13701(c)).

320.4.3 EMERGENCY PROTECTIVE ORDERS

(a) Family Code § 6241 mandates the Superior Court to provide a judge, commissioner,
or referee to hear applications and issue Emergency Protective Orders based on
criteria outlined in Family Code § 6250(c). A judicial officer may issue an Emergency
Protective Order whenever a law enforcement officer asserts reasonable grounds that:
1. A person is in immediate and present danger of domestic violence based upon
the person's allegation of a recent incident of abuse or threat of abuse by the
person against whom the order is sought.
2. A child is in immediate and present danger of abuse by a family or household
member, based on an allegation of a recent incident of abuse or threat of abuse
by the family or household member.
3. A child is in immediate and present danger of being abducted by a parent or
relative, based on a reasonable belief that a person has intent to abduct a child or
flee with the child from the jurisdiction or based on an allegation of a reasonable
threat to abduct the child or flee with the child from the jurisdiction.
4. An elder or dependent adult is in immediate and present danger of abuse as
defined in Welfare and Institutions Code § 15610.07 based on an allegation of
a recent incident of abuse or threat of abuse by the person against whom the
order is sought, except that no emergency protective order shall be issued based
solely on an allegation of financial abuse.
(b) Under Penal Code § 646.91, a peace officer may also obtain an Emergency Protective
Order when the officer has reasonable grounds to believe that a person or the person's
immediate family is in immediate and present danger of being stalked.
1. Any such Emergency Protective Order shall be reduced to writing, signed by the
officer and include all of the information required by Penal Code § 646.91(c).
2. Any officer seeking such an order shall serve the order on the restrained person
if such person can be reasonably located and shall provide the person protected
with a copy of the order. A copy of the order shall also be filed with the court as
soon as practicable after issuance.
3. Any officer requesting such an order shall carry copies of the order while on duty
and shall use every reasonable means to enforce the order.
(c) Emergency Protective Orders may be obtained by telephone to prohibit a suspect who
resides with a complainant, regardless of their marital status or relationship from:
1. Physically or verbally contacting the victim or disturbing his/her peace.
2. Remaining or returning to the victim's residence, regardless of who holds legal
title to, or leases the residence.

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3. Continuing a specified behavior as described in the order.

(d) Officers investigating the scene of current or recent situations of domestic violence
should remain cognizant of the potential for continued and escalated violence. An
Emergency Protective Order should be sought if there is reason to believe, based on
factual evidence such as a recent history of violence that the victim may still be in
danger.
(e) Officers should consider requesting an EPO if any of the following conditions exist:
1. The investigating officer has grounds to believe that there is an immediate
danger of continuing violence against the victim.
2. The investigating officer or victim believes that the suspect may be able to make
bail and the potential for further violence exists.

320.4.4 COURT ORDERS

Stay-away orders are issued in criminal cases when the probability of victim intimidation exists.
Violation of a stay-away order is a misdemeanor under Penal Code § 166(c)(1). Witness
intimidation is also a violation of Penal Code § 136.1 and potentially a violation of Penal Code
§ 422. Examples of witness intimidation include attempting to prevent or dissuade a victim from
attending or giving testimony at any proceeding, or using force or expressing or implying a threat
of force or violence related to the court proceeding.

320.5 VICTIM ASSISTANCE

Victims may be traumatized or confused. Officers should:
(a) Recognize that a victim’s behavior and actions may be affected.
(b) Provide the victim with the [department/office]’s domestic violence information
handout, even if the incident may not rise to the level of a crime.
(c) Alert the victim to any available victim advocates, shelters and community resources.
(d) Stand by for a reasonable amount of time when an involved person requests law
enforcement assistance while removing essential items of personal property.
(e) Seek medical assistance as soon as practicable for the victim if he/she has sustained
injury or complains of pain.
(f) Ask the victim whether he/she has a safe place to stay. Assist in arranging to transport
the victim to an alternate shelter if the victim expresses a concern for his/her safety
or if the officer determines that a need exists.
(g) Make reasonable efforts to ensure that children or dependent adults who are under
the supervision of the suspect or victim are being properly cared for.
(h) Seek or assist the victim in obtaining an emergency order if appropriate.
An officer shall advise an individual protected by a Canadian domestic violence protection order
of available local victim services (Family Code § 6452).

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320.5.1 RECORDING INJURIES AND STATEMENTS

All visible injuries shall be photographed regardless of severity, and all victims shall receive proper
medical care prior to being photographed, if needed or desired. If feasible, officers may make a
video recording of the injuries and victim statements. Officers shall request that a victim complete
and sign an Authorization for Release of Medical Records form.
Victims whose injuries are not visible at the time of the incident should be advised to contact the
Family Protection Unit in the event the injuries later become visible. Victims and suspects shall be
photographed to show lack of visible injuries whenever possible. An investigator may be assigned
to ensure the injuries are photographed during the course of preparing the case for court.

320.5.2 RECORDING OF STATEMENTS

Since it is not uncommon for domestic violence victims and witnesses to recant their original
statements after the situation has calmed, it is important to get a detailed statement from all victims
and witnesses that are present.
Domestic violence victims often disclose prior unreported incidents. Officers shall obtain detailed
statements from the victims regarding prior unreported domestic violence cases.

Officers shall activate their recording device upon arrival at the scene and record all statements
made by involved parties and witnesses in domestic violence-related investigations. The recorder
shall remain activated until the officer leaves the location of the call. The recordings shall be placed
into evidence and retained.

320.6 DISPATCH ASSISTANCE

All calls of domestic violence, including incomplete 9-1-1 calls, should be dispatched as soon as
practicable.
Dispatchers are not required to verify the validity of a court order before responding to a request for
assistance. Officers should request that dispatchers check whether any of the involved persons
are subject to the terms of a court order.

320.6.1 WRITTEN NOTICE TO VICTIMS

Penal Code § 13701 requires that victims of domestic violence be furnished written notice including
the following information:
(a) A statement informing the victim that despite official restraint of the person alleged to
have committed domestic violence, the restrained person may be released at any time.
(b) A statement that provides information about a shelter they may contact in the area.
(c) A statement that provides information about other community services they may
contact in the area.
(d) A statement informing the victim of domestic violence that he or she can ask the District
Attorney to file a criminal complaint.

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(e) A statement that "For further information about the California Victim's Compensation
Program, you may contact 1-800-777-9229."
(f) A statement informing the victim of the right to go to the Superior Court and file a
petition requesting any of the following orders for relief:
1. An order restraining the attacker from abusing the victim and other family
members.
2. An order directing the attacker to leave the household.
3. An order preventing the attacker from entering the residence, school, business,
or place of employment of the victim.
4. An order awarding the victim or the other parent custody of or visitation with a
minor child or children.
5. An order restraining the attacker from molesting or interfering with minor children
in the custody of the victim.
6. An order directing the party not granted custody to pay support of minor children,
if that party has a legal obligation to do so.
7. An order directing the defendant to make specified debt payments coming due
while the order is in effect.
8. An order directing that either or both parties participate in counseling.
(g) A statement informing the victim of the right to file a civil suit for losses suffered
as a result of the abuse. This includes medical expenses, loss of earnings, and
other expenses for injuries sustained and damage to property, andany other related
expenses incurred by the victim or any agency that shelters the victim.
(h) In the case of an alleged violation of Penal Code §§ 243(e), 261, 261.5, 262, 273.5,
286, 288a, or 289, a Domestic Violence Information Pamphlet which shall include, but
is not limited to, the following information:
1. The names and locations of rape victim counseling centers within the county,
including those centers specified in Penal Code § 13837, and their 24-hour
counseling service telephone numbers.
2. A simple statement on the proper procedures for a victim to follow after a sexual
assault.
3. A statement that sexual assault by a person who is known to the victim, including
sexual assault by a person who is the spouse of the victim, is a crime.
4. A statement that domestic violence or assault by a person who is known to the
victim, including domestic violence or assault by a person who is the spouse of
the victim, is a crime.

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(i) The card should also provide information relating to the rights and duties of tenants
and landlords regarding lock changes, evictions and related matters that may assist
victims with housing and safety concerns (Code of Civil Procedure § 1161.3, Civil
Code § 1941.5 and Civil Code § 1941.6).

320.6.2 DOMESTIC VIOLENCE SUPPORT

Victims of domestic violence or abuse have the right to have a domestic violence counselor (as
defined in Evidence Code § 1037.1) and a support person of the victim's choosing present at any
interview by law enforcement authorities (Penal Code § 679.05).
The investigating officer must advise the victim of his/her right to have an advocate and support
person present at any subsequent interview(s), including additional interviews by the reporting
and/or detectives handling the case. The victim should be advised that any advocate working for
the agencies listed on the Domestic Violence resource card would qualify.
(a) For the purposes of this section, an initial investigation by law enforcement to
determine whether a crime has been committed and to determine the identity of the
suspect(s) shall not constitute a law enforcement interview.
(b) The support person may be excluded from an interview if the law enforcement authority
or the District Attorney determines the presence of that person would be detrimental
to the purpose of the interview.
(c) The investigating officer should articulate in the report that the victim was advised of
their right to a counselor and/or support person.

320.6.3 VICTIM ADVOCACY

On all occasions that a victim of domestic violence requests a Domestic Violence Advocate,
officers will contact Interface or the Coalition for Family Harmony.

320.7 FOREIGN COURT ORDERS

Various types of orders may be issued in domestic violence cases. Any foreign court order properly
issued by a court of another state, Indian tribe, or territory shall be enforced by officers as if it
were the order of a court in this state. An order should be considered properly issued when it
reasonably appears that the issuing court has jurisdiction over the parties and reasonable notice
and opportunity to respond was given to the party against whom the order was issued (18 USC
§ 2265). An otherwise valid out-of-state court or foreign order shall be enforced, regardless of
whether the order has been properly registered with this state (Family Code § 6403).
Canadian domestic violence protection orders shall also be enforced in the same manner as if
issued in this state (Family Code § 6452).

320.7.1 RECORD-KEEPING RESPONSIBILITIES

Penal Code § 13730 also requires that all law enforcement agencies maintain records on the
number of domestic violence related calls reported to their agency and to include whether or not
weapons were used in the incident. This information is to be reported to the Attorney General

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monthly. It shall be the responsibility of the Crime Analysis Unit to maintain and report this
information as required.

320.7.2 DOMESTIC DISTURBANCES

Domestic Disturbance is defined as an argument or disagreement between parties who have
or had (domestic) relationships, or between persons in a dating relationship (including same
sex relationships), which does not involve violence, threats of violence, or court order violations.
(Definition taken from the Ventura County Domestic Violence Investigation Protocol)

Officers responding to Domestic Disturbances that do no involve acts of violence or threats of

violence should document the involved parties in the New World Mobile notes. Officers shall use
disposition code "137" when clearing Domestic Disturbance calls.

320.8 VERIFICATION OF COURT ORDERS

Determining the validity of a court order, particularly an order from another jurisdiction, can be
challenging. Therefore, in determining whether there is probable cause to make an arrest for a
violation of any court order, officers should carefully review the actual order when available, and
where appropriate and practicable:
(a) Ask the subject of the order about his/her notice or receipt of the order, his/her
knowledge of its terms and efforts to respond to the order.
1. If a determination is made that a valid foreign order cannot be enforced because
the subject has not been notified or served the order, the officer shall inform
the subject of the order, make a reasonable effort to serve the order upon the
subject, and allow the subject a reasonable opportunity to comply with the order
before enforcing the order. Verbal notice of the terms of the order is sufficient
notice (Family Code § 6403).
(b) Check available records or databases that may show the status or conditions of the
order.
1. Registration or filing of an order in California is not required for the enforcement
of a valid foreign order (Family Code § 6403).
(c) Contact the issuing court to verify the validity of the order.
(d) Contact a law enforcement official from the jurisdiction where the order was issued
to verify information.
Officers should document in an appropriate report their efforts to verify the validity of an order,
regardless of whether an arrest is made. Officers should contact a supervisor for clarification when
needed.

320.8.1 RETURN OF FIREARMS

(a) If, within five days after the seizure, a firearm or other deadly weapon is not retained
for use as evidence related to criminal charges brought as a result of the domestic

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violence incident and the officer has no reason to believe that such firearm or weapon
would further endanger the victim or person reporting the domestic violence, the
Department shall notify the lawful owner or other person who was in lawful possession
of the firearm or weapon of its availability (Penal Code § 18265(b)).
(b) If, however, any officer has reasonable cause to believe that a firearm or other deadly
weapon seized in a domestic violence incident would likely result in further danger
to the victim or person reporting such incident or that further investigation of such
firearm or weapon is required through the Department of Justice or other sources, the
Department shall within five days of the seizure, notify the owner or other person who
was in lawful possession of the firearm or weapon that such firearm or weapon will be
retained for up to 60 days of the seizure.
(c) If, after 45 days, the Department has been unable to clear the firearm or other deadly
weapon for release, the Department shall commence the process of preparing a
petition to the Superior Court to determine if the firearm or other weapon should be
returned. Such petition shall be filed within 60 days of the initial seizure or upon timely
application to the court for an extension within no more than 90 days (Penal Code §
18400(f)).
(d) Under no circumstances shall any firearm be returned to any individual unless and until
such person presents valid identification and written notification from the California
Department of Justice which conforms to the provisions of Penal Code § 33865(c).
(e) The Department is not required to retain any firearm or other deadly weapon longer
than 180 days after notice has been provided to the owner that such firearm or other
deadly weapon is available for return. At the expiration of such period, the firearm or
other deadly weapon may be processed for disposal in accordance with applicable
law (Penal Code § 33875(g)).

320.9 LEGAL MANDATES AND RELEVANT LAWS

California law provides for the following:

320.9.1 STANDARDS FOR ARRESTS

Officers investigating a domestic violence report should consider the following:
(a) An arrest should be made when there is probable cause to believe that a felony or
misdemeanor domestic violence offense has been committed (Penal Code § 13701).
1. Officers are only authorized to make an arrest without a warrant for a
misdemeanor domestic violence offense if the officer makes the arrest as soon
as probable cause arises (Penal Code § 836).
(b) An officer responding to a domestic violence call who cannot make an arrest will advise
the victim of his/her right to make a private person’s arrest. The advisement should
be made out of the presence of the suspect and shall include advising the victim how

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to safely execute the arrest. Officers shall not dissuade victims from making a lawful
private person’s arrest. Officers should refer to the provisions in the Private Persons
Arrests Policy for options regarding the disposition of private person’s arrests (Penal
Code § 836(b)).
(c) Officers shall not cite and release a person for the following offenses (Penal Code §
853.6(a)(3)):
1. Penal Code § 243(e)(1)
2. Penal Code § 273.5
3. Penal Code § 273.6 (violation of protective order) if violence or threats of
violence have occurred or the suspect has gone to the workplace or residence
of the protected party
4. Penal Code § 646.9 (stalking)
5. Other serious or violent felonies specified in Penal Code § 1270.1
(d) In responding to domestic violence incidents, including mutual protective order
violations, officersshall make reasonable efforts to identify the dominant aggressor in
any incident and are discouraged from making dual arrests. The dominant aggressor
is the person who has been determined to be the most significant, rather than the first,
aggressor (Penal Code § 13701). In identifying the dominant aggressor, an officer
shall consider:
1. The intent of the law to protect victims of domestic violence from continuing
abuse.
2. The threats creating fear of physical injury.
3. The history of domestic violence between the persons involved.
4. Whether either person acted in self-defense.
(e) An arrest shall be made when there is probable cause to believe that a violation of a
domestic violence court order has been committed (Penal Code § 13701; Penal Code
§ 836), regardless of whether the offense was committed in the officer’s presence.
After arrest, the officer shall confirm that a copy of the order has been registered,
unless the victim provides a copy (Penal Code § 836).

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322 Oxnard PD Policy Manual

Search and Seizure

322.1 PURPOSE AND SCOPE
Both the federal and state Constitutions provide every individual with the right to be free from
unreasonable searches and seizures. This policy provides general guidelines for Oxnard Police
Department personnel to consider when dealing with search and seizure issues.

322.2 POLICY
It is the policy of the Oxnard Police Department to respect the fundamental privacy rights
of individuals. Members of this department will conduct searches in strict observance of the
constitutional rights of persons being searched. All seizures by this department will comply with
relevant federal and state law governing the seizure of persons and property.
The Department will provide relevant and current training to officers as guidance for the application
of current law, local community standards and prosecutorial considerations regarding specific
search and seizure situations, as appropriate.

322.3 SEARCHES
The U.S. Constitution generally provides that a valid warrant is required in order for a search to
be valid. There are, however, several exceptions that permit a warrantless search.
Examples of law enforcement activities that are exceptions to the general warrant requirement
include, but are not limited to, searches pursuant to the following:
• Valid consent
• Incident to a lawful arrest
• Legitimate community caretaking interests
• Vehicle searches under certain circumstances
• Exigent circumstances
Certain other activities are recognized by federal and state courts and by certain statutes as
legitimate law enforcement activities that also do not require a warrant. Such activities may include
seizure and examination of abandoned property, and observations of activities and property
located on open public areas.
Because case law regarding search and seizure is constantly changing and subject to
interpretation by the courts, each member of this department is expected to act in each situation
according to current training and his/her familiarity with clearly established rights as determined
by case law.
Whenever practicable, officers are encouraged to contact a supervisor to resolve questions
regarding search and seizure issues prior to electing a course of action.

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322.4 SEARCH PROTOCOL

Although conditions will vary and officer safety and other exigencies must be considered in every
search situation, the following guidelines should be followed whenever circumstances permit:
(a) Members of this department will strive to conduct searches with dignity and courtesy.
(b) Officers should explain to the person being searched the reason for the search and
how the search will be conducted.
(c) Searches should be carried out with due regard and respect for private property
interests and in a manner that minimizes damage. Property should be left in a condition
as close as reasonably possible to its pre-search condition.
(d) In order to minimize the need for forcible entry, an attempt should be made to obtain
keys, combinations or access codes when a search of locked property is anticipated.
(e) When the person to be searched is of the opposite sex as the searching officer, a
reasonable effort should be made to summon an officer of the same sex as the subject
to conduct the search. When it is not practicable to summon an officer of the same
sex as the subject, the following guidelines should be followed:
1. Another officer or a supervisor should witness the search.
2. The officer should not search areas of the body covered by tight-fitting clothing,
sheer clothing or clothing that could not reasonably conceal a weapon.

322.5 DOCUMENTATION
Officers are responsible to document any search and to ensure that any required reports are
sufficient including, at minimum, documentation of the following:
• Reason for the search
• Any efforts used to minimize the intrusiveness of any search (e.g., asking for consent
or keys)
• What, if any, injuries or damage occurred
• All steps taken to secure property
• The results of the search, including a description of any property or contraband seized
• If the person searched is the opposite sex, any efforts to summon an officer of the
same sex as the person being searched and the identification of any witness officer
Supervisors shall review reports to ensure the reports are accurate, that actions are properly
documented and that current legal requirements and department policy have been met.

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324 Oxnard PD Policy Manual

Temporary Custody of Juveniles

324.1 PURPOSE AND SCOPE
This policy provides guidelines consistent with the Juvenile Justice and Delinquency Prevention
Act for juveniles taken into temporary custody by members of the Oxnard Police Department (34
USC § 11133).
Guidance regarding contacting juveniles at schools or who may be victims is provided in the Child
Abuse Policy.

324.1.1 DEFINITIONS
Definitions related to this policy include:
Juvenile non-offender - An abused, neglected, dependent, or alien juvenile who may be legally
held for his/her own safety or welfare. This also includes any juvenile who may have initially been
contacted for an offense that would not subject an adult to arrest (e.g., fine-only offense) but was
taken into custody for his/her protection or for purposes of reuniting the juvenile with a parent,
guardian, or other responsible person. Juveniles 11 years of age or younger are considered
juvenile non-offenders even if they have committed an offense that would subject an adult to arrest.
Juvenile offender - A juvenile 12 to 17 years of age who is alleged to have committed an offense
that would subject an adult to arrest (a non-status offense) (Penal Code § 602). It also includes an
offense under Penal Code § 29610 for underage possession of a handgun or concealable firearm
(28 CFR 31.303).
Non-secure custody - When a juvenile is held in the presence of an officer or other custody
employee at all times and is not placed in a locked room, cell, or behind any locked doors. Juveniles
in non-secure custody may be handcuffed but not to a stationary or secure object. Personal
supervision, through direct visual monitoring and audio two-way communication is maintained.
Monitoring through electronic devices, such as video, does not replace direct visual observation
(Welfare and Institutions Code § 207.1(d); 15 CCR 1150).
Safety checks - Direct, visual observation personally by a member of this [department/office]
performed at random intervals within time frames prescribed in this policy to provide for the health
and welfare of juveniles in temporary custody.
Secure custody - When a juvenile offender is held in a locked room, a set of rooms, or a cell.
Secure custody also includes being physically secured to a stationary object (15 CCR 1146).
Examples of secure custody include:
(a) A juvenile left alone in an unlocked room within the secure perimeter of the adult
temporary holding area.
(b) A juvenile handcuffed to a rail.
(c) A juvenile placed in a room that contains doors with delayed egress devices that have
a delay of more than 30 seconds.

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(d) A juvenile being processed in a secure booking area when a non-secure booking area
is available.
(e) A juvenile left alone in a secure booking area after being photographed and
fingerprinted.
(f) A juvenile placed in a cell within the adult temporary holding area, whether or not the
cell door is locked.
(g) A juvenile placed in a room that is capable of being locked or contains a fixed object
designed for cuffing or restricting movement.
Sight and sound separation - Located or arranged to prevent physical, visual, or auditory
contact.
Status offender - A juvenile suspected of committing a criminal violation of the law that would
not be a criminal violation but for the age of the offender. Examples may include running away,
underage possession of tobacco, curfew violation, and truancy. A juvenile in custody on a
court order or warrant based upon a status offense is also a status offender. This includes the
habitually disobedient or truant juvenile under Welfare and Institutions Code § 601 and any juvenile
suspected of an offense that would not subject an adult to arrest (e.g., fine-only offense).

324.2 POLICY
The Oxnard Police Department is committed to releasing juveniles from temporary custody as
soon as reasonably practicable and keeping juveniles safe while they are in temporary custody at
the Oxnard Police Department. Juveniles should be held in temporary custody only for as long as
reasonably necessary for processing, transfer or release.

324.3 JUVENILES WHO SHOULD NOT BE HELD

Juveniles who exhibit any of the following conditions should not be held at the Oxnard Police
Department:
(a) Unconscious
(b) Seriously injured
(c) A known suicide risk or obviously severely emotionally disturbed
(d) Significantly intoxicated except when approved by the Watch Commander. A medical
clearance shall be obtained for minors who are under the influence of drugs, alcohol
or any other intoxicating substance to the extent that they are unable to care for
themselves (15 CCR 1151).
(e) Extremely violent or continuously violent
Officers taking custody of a juvenile who exhibits any of the above conditions should take
reasonable steps to provide medical attention or mental health assistance and notify a supervisor
of the situation (15 CCR 1142; 15 CCR 1151).
These juveniles should not be held at the Oxnard Police Department unless they have been
evaluated by a qualified medical and/or mental health professional (15 CCR 1142).

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If the officer taking custody of the juvenile believes the juvenile may be a suicide risk, the juvenile
shall be under continuous direct supervision until evaluation, release or a transfer is completed
(15 CCR 1142).

324.3.1 EMERGENCY MEDICAL CARE OF JUVENILES IN CUSTODY

When emergency medical attention is required for a juvenile, medical assistance will be called
immediately. The Watch Commander shall be notified of the need for medical attention for the
juvenile. [Department/Office] members should administer first aid as applicable (15 CCR 1142).

324.3.2 SUICIDE PREVENTION OF JUVENILES IN CUSTODY

[Department/Office] members should be alert to potential symptoms based upon exhibited
behavior that may indicate the juvenile is a suicide risk. These symptoms may include depression,
refusal to communicate, verbally threatening to kill him/herself or any unusual behavior which may
indicate the juvenile may harm him/herself while in either secure or non-secure custody (15 CCR
1142).

324.3.3 INTOXICATED AND SUBSTANCE ABUSING MINORS

Juveniles who are arrested while intoxicated may be at risk for serious medical consequences,
including death. Examples include acute alcohol poisoning, seizures and cardiac complications
of cocaine, markedly disordered behavior related to amphetamines or hallucinogenic drugs, and
others.
A medical clearance shall be obtained prior to detention of juveniles at the Oxnard Police
Department when the juvenile displays outward signs of intoxication or is known or suspected
to have ingested any substance that could result in a medical emergency (Title 15, California
Code of Regulations § 1431). In addition to displaying outward signs of intoxication, the following
circumstances require a medical evaluation:
(a) Known history of ingestion or sequestration of a balloon containing drugs in a body
cavity.
(b) Minor is known or suspected to have ingested any substance that could result in a
medical emergency.
(c) A juvenile who is intoxicated to the level of being unable to care for him/her.
(d) An intoxicated juvenile whose symptoms of intoxication are not showing signs of
improvement.
Juveniles with lower levels of alcohol in their system may not need to be evaluated. An example
is a juvenile who has ingested one or two beers would not normally meet this criterion.
(a) A juvenile detained and brought to the Oxnard Police Department who displays
symptoms of intoxication as a result of alcohol or drugs shall be handled as follows:

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1. Observation of juvenile's breathing to determine that breathing is regular.

Breathing should not be erratic or indicate that the juvenile is having difficulty
breathing.
2. Observation of the juvenile to ensure that there has not been any vomiting while
sleeping and ensuring that intoxicated juveniles remain on their sides rather than
their backs to prevent the aspiration of stomach contents.
3. An arousal attempt to ensure that the juvenile will respond to verbal or
pressure stimulation (shaking to awaken). This is the most important monitoring
procedure.
(b) Personal observation shall be conducted on a frequent basis while the juvenile is in
the custody of the Oxnard Police Department, and no less than once every 15 minutes
until such time as the symptoms are no longer present.
1. The 15 minute checks of the juvenile shall be documented on the Non-secure
Detention of Juvenile Log in the Watch Commander's office.
(c) Any juvenile who displays symptoms suggestive of a deepening comatose state
(increasing difficulty or inability to arouse, irregular breathing patterns, or convulsions),
shall be considered an emergency. Paramedics should be called and the juvenile
taken to a medical treatment facility.
(d) Juveniles undergoing acute withdrawal reactions shall immediately be transported to
a medical facility for examination by a physician.
(e) A medical clearance is required before the juvenile is transported to Juvenile Hall if it
is known that the juvenile ingested any intoxicating substances or appears to be under
the severe influence of alcohol.
Once the juvenile no longer displays symptoms of intoxication, the requirements in section (a)
above will no longer be required. The juvenile will still be monitored on a 30-minute basis as
outlined in this policy. The juvenile will continue to be monitored as required.

324.4 CUSTODY OF JUVENILES

Officers should take custody of a juvenile and temporarily hold the juvenile at the Oxnard Police
Department when there is no other lawful and practicable alternative to temporary custody. Refer
to the Child Abuse Policy for additional information regarding detaining a juvenile that is suspected
of being a victim.
No juvenile should be held in temporary custody at the Oxnard Police Department without
authorization of the arresting officer's supervisor or the Watch Commander. Juveniles taken into
custody shall be held in non-secure custody unless otherwise authorized by this policy.
Any juvenile taken into custody shall be released to the care of the juvenile’s parent or other
responsible adult or transferred to a juvenile custody facility or to other authority as soon as

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practicable and in no event shall a juvenile be held beyond six hours from the time of his/her entry
into the Oxnard Police Department (34 USC § 11133; Welfare and Institutions Code § 207.1(d)).

324.4.1 CUSTODY OF JUVENILE NON-OFFENDERS

Non-offenders taken into protective custody in compliance with the Child Abuse Policy should
generally not be held at the Oxnard Police Department. Custodial arrangements should be made
for non-offenders as soon as reasonably possible. Juvenile non-offenders shall not be held in
secure custody (34 USC § 11133; Welfare and Institutions Code § 206).
Juveniles 11 years of age or younger who have committed an offense that would subject an adult
to arrest may be held in non-secure custody for the offenses listed in Welfare and Institutions
Code § 602(b) (murder and the sexual assault offenses) and should be referred to a probation
officer for a placement determination.

324.4.2 CUSTODY OF JUVENILE STATUS OFFENDERS

Status offenders should generally be released by citation or with a warning rather than taken into
temporary custody. However, officers may take custody of a status offender if requested to do
so by a parent or legal guardian in order to facilitate reunification (e.g., transported home or to
the station to await a parent). Juvenile status offenders shall not be held in secure custody (34
USC § 11133).

324.4.3 CUSTODY OF JUVENILE OFFENDERS

Juvenile offenders should be held in non-secure custody while at the Oxnard Police Department
unless another form of custody is authorized by this policy or is necessary due to exigent
circumstances.
Generally, a juvenile offender may be taken into custody when authorized by a court order or when
there is probable cause to believe the juvenile has committed an offense that would subject an
adult to arrest (Welfare and Institutions Code § 625).
A juvenile offender who is 14 years of age or older and suspected of using a firearm in violation
of Welfare and Institutions Code § 625.3 shall be transported to a juvenile facility.
A juvenile offender suspected of committing murder or a sex offense that may subject a juvenile
to criminal jurisdiction under Welfare and Institutions Code § 602(b), or a serious or violent felony
should be referred to a probation officer for a decision on further detention.
In all other cases the juvenile offender may be:
(a) Released upon warning or citation.
(b) Released to a parent or other responsible adult after processing at the [Department/
Office].
(c) Referred to a probation officer for a decision regarding whether to transport the juvenile
offender to a juvenile facility.
(d) Transported to his/her home or to the place where the juvenile offender was taken into
custody (Welfare and Institutions Code § 207.2).

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In determining which disposition is appropriate, the investigating officer or supervisor shall prefer
the alternative that least restricts the juvenile’s freedom of movement, provided that alternative
is compatible with the best interests of the juvenile and the community (Welfare and Institutions
Code § 626).
Whenever a juvenile offender under the age of 14 is taken into custody, the officer should take
reasonable steps to verify and document the child's ability to differentiate between right and wrong,
particularly in relation to the alleged offense (Penal Code § 26).

324.4.4 CURFEW VIOLATIONS

Juveniles detained for curfew violations may be released in the field or brought to the station but
should only be released to his/her parent, legal guardian, or responsible adult.

324.5 ADVISEMENTS
Officers shall take immediate steps to notify the juvenile’s parent, guardian, or a responsible
relative that the juvenile is in custody, the location where the juvenile is being held, and the
intended disposition (Welfare and Institutions Code § 627).
Whenever a juvenile is taken into temporary custody, he/she shall be given the Miranda rights
advisement regardless of whether questioning is intended (Welfare and Institutions Code § 625).
Anytime a juvenile offender is placed in secure custody, he/she shall be informed of the purpose of
the secure custody, the length of time the secure custody is expected to last, and of the maximum
six-hour limitation (Welfare and Institutions Code § 207.1(d)).
Juveniles taken into custody for an offense shall immediately be advised (or at least within one
hour from being taken into custody, if possible) that they may make three telephone calls: one
call completed to his/her parent or guardian; one to a responsible relative or his/her employer;
and another call completed to an attorney. The calls shall be at no expense to the juvenile when
completed to telephone numbers within the local calling area. Juveniles should be asked whether
they are a caregiver and provided two more phone calls in the same manner as provided to adults
in the Temporary Custody of Adults Policy (Welfare and Institutions Code § 627; Penal Code §
851.5).

324.6 JUVENILE CUSTODY LOGS

Any time a juvenile is held in custody at the [Department/Office], the custody shall be promptly
and properly documented in the juvenile custody log, including:
(a) Identifying information about the juvenile.
(b) Date and time of arrival and release from the Oxnard Police Department (15 CCR
1150).
(c) Watch Commander notification and approval to temporarily hold the juvenile.
(d) Any charges for which the juvenile is being held and classification of the juvenile as a
juvenile offender, status offender or non-offender.

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(e) Any changes in status (e.g., emergency situations, unusual incidents).

(f) Time of all safety checks.
(g) Any medical and other screening requested and completed (15 CCR 1142).
(h) Circumstances that justify any secure custody (Welfare and Institutions Code §
207.1(d); 15 CCR 1145).
(i) Any other information that may be required by other authorities, such as compliance
inspectors or a local juvenile court authority.
The Watch Commander shall initial the log to approve the custody, including any secure custody,
and shall also initial the log when the juvenile is released.

324.7 NO-CONTACT REQUIREMENTS

Sight and sound separation shall be maintained between all juveniles and adults while in custody
at the [Department/Office] (34 USC § 11133; Welfare and Institutions Code § 207.1(d); Welfare
and Institutions Code § 208; 15 CCR 1144). There should also be sight and sound separation
between non-offenders and juvenile and status offenders.
In situations where brief or accidental contact may occur (e.g., during the brief time a juvenile is
being fingerprinted and/or photographed in booking), a member of the Oxnard Police Department
(trained in the supervision of persons in custody) shall maintain a constant, immediate, side-by-
side presence with the juvenile or the adult to minimize any contact. If inadvertent or accidental
contact does occur, reasonable efforts shall be taken to end the contact (15 CCR 1144).

324.8 TEMPORARY CUSTODY REQUIREMENTS

Members and supervisors assigned to monitor or process any juvenile at the Oxnard Police
Department shall ensure the following:
(a) The Watch Commander should be notified if it is anticipated that a juvenile may need
to remain at the Oxnard Police Department more than four hours. This will enable the
Watch Commander to ensure no juvenile is held at the Oxnard Police Department
more than six hours.
(b) A staff member of the same sex shall supervise personal hygiene activities and care,
such as changing clothing or using the restroom, without direct observation to allow
for privacy.
(c) Personal safety checks and significant incidents/activities shall be noted on the log.
(d) Juveniles in custody are informed that they will be monitored at all times, except when
using the toilet.
1. There shall be no viewing devices, such as peep holes or mirrors, of which the
juvenile is not aware.
2. This does not apply to surreptitious and legally obtained recorded interrogations.
(e) Juveniles shall have reasonable access to toilets and wash basins (15 CCR 1143).

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(f) Food shall be provided if a juvenile has not eaten within the past four hours or is
otherwise in need of nourishment, including any special diet required for the health of
the juvenile (15 CCR 1143).
(g) Juveniles shall have reasonable access to a drinking fountain or water (15 CCR 1143).
(h) Juveniles shall have reasonable opportunities to stand and stretch, particularly if
handcuffed or restrained in any way.
(i) Juveniles shall have privacy during family, guardian and/or lawyer visits (15 CCR
1143).
(j) Juveniles shall be permitted to remain in their personal clothing unless the clothing is
taken as evidence or is otherwise unsuitable or inadequate for continued wear while
in custody (15 CCR 1143).
(k) Blankets shall be provided as reasonably necessary (15 CCR 1143).
1. The supervisor should ensure that there is an adequate supply of clean blankets.
(l) Adequate shelter, heat, light and ventilation should be provided without compromising
security or enabling escape.
(m) Juveniles shall have adequate furnishings, including suitable chairs or benches.
(n) Juveniles shall have the right to the same number of telephone calls as an adult in
temporary custody.
(o) No discipline may be administered to any juvenile, nor may juveniles be subjected to
corporal or unusual punishment, humiliation or mental abuse (15 CCR 1142).

324.9 USE OF RESTRAINT DEVICES

Juvenile offenders may be handcuffed in accordance with the Handcuffing and Restraints Policy. A
juvenile offender may be handcuffed at the Oxnard Police Department when the juvenile presents
a heightened risk. However, non-offenders and status offenders should not be handcuffed unless
they are combative or threatening (15 CCR 1142).
Other restraints shall only be used after less restrictive measures have failed and with the
approval of the Watch Commander. Restraints shall only be used so long as it reasonably appears
necessary for the juvenile's protection or the protection of others (15 CCR 1142).
Juveniles in restraints shall be kept away from other unrestrained juveniles or monitored in such
a way as to protect the juvenile from abuse (15 CCR 1142).

324.10 CONTROL HOLDS ON JUVENILES

Whenever an officer uses any force or a control hold on an uncooperative juvenile and the juvenile
is released without an arrest or report being generated, the officer shall ensure the following:
(a) The contact is minimally documented through an FIR.
(b) Notify his/her supervisor of the contact.

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(c) Reasonably attempt to notify the parent or guardian of the juvenile about the reason
and circumstances of the stop in person or by phone.
(d) If the parent or guardian is not notified, indicate the reason on the FIR.
An officer who searches or places hands on a cooperative juvenile is not required to make
notification to the parent of guardian. The above applies to force and holds used to control an
uncooperative juvenile.
This section is not to be interpreted as a lessening of reporting requirements, but rather to
document the unlikely occasions where a report was not generated. Further, for reportable uses
of force as governed by Policy Manual § 300, the same attempt will be made to notify a parent
or guardian.

324.11 PERSONAL PROPERTY

The officer taking custody of a juvenile offender or status offender at the Oxnard Police Department
shall ensure a thorough search of the juvenile’s property is made and all property is removed from
the juvenile, especially those items that could compromise safety, such as pens, pencils and belts.
The personal property of a juvenile should be placed in a property bag. The property should be
inventoried in the juvenile’s presence and sealed into the bag. The property should be kept in a
monitored or secure location until the juvenile is released from the custody of the Oxnard Police
Department.

324.12 SECURE CUSTODY

Only juvenile offenders 14 years of age or older may be placed in secure custody (Welfare and
Institutions Code § 207; 15 CCR 1145). Watch Commander approval is required before placing
a juvenile offender in secure custody.
Secure custody should only be used for juvenile offenders when there is a reasonable belief that
the juvenile is a serious risk of harm to him/herself or others. Factors to be considered when
determining if the juvenile offender presents a serious security risk to him/herself or others include
the following (15 CCR 1145):
(a) Age, maturity and delinquent history
(b) Severity of offense for which the juvenile was taken into custody
(c) The juvenile offender’s behavior
(d) Availability of staff to provide adequate supervision or protection of the juvenile
offender
(e) Age, type and number of other individuals in custody at the facility

Members of this [department/office] shall not use secure custody for convenience when non-
secure custody is, or later becomes, a reasonable option (15 CCR 1145).

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When practicable and when no locked enclosure is available, handcuffing one hand of a juvenile
offender to a fixed object while otherwise maintaining the juvenile in non-secure custody should
be considered as the method of secure custody. An employee must be present at all times to
ensure the juvenile’s safety while secured to a stationary object (15 CCR 1148).
Juveniles shall not be secured to a stationary object for more than 60 minutes. Supervisor approval
is required to secure a juvenile to a stationary object for longer than 60 minutes and every 30
minutes thereafter (15 CCR 1148). Supervisor approval should be documented.
The decision for securing a minor to a stationary object for longer than 60 minutes and every 30
minutes thereafter shall be based upon the best interests of the juvenile offender (15 CCR 1148).

324.12.1 LOCKED ENCLOSURES

A thorough inspection of the area shall be conducted before placing a juvenile into the enclosure.
A second inspection shall be conducted after removing the juvenile. Any damage noted to the
room should be photographed and documented in the crime report.
The following requirements shall apply to a juvenile offender who is held inside a locked enclosure:
(a) The juvenile shall constantly be monitored by an audio/video system during the entire
custody.
(b) Juveniles shall have constant auditory access to [department/office] members (15
CCR 1147).
(c) Initial placement into and removal from a locked enclosure shall be logged (Welfare
and Institutions Code § 207.1(d)).
(d) Unscheduled safety checks to provide for the health and welfare of the juvenile by
a staff member, no less than once every 15 minutes, shall occur (15 CCR 1147; 15
CCR 1151).
1. All safety checks shall be logged.
2. The safety check should involve questioning the juvenile as to his/her well-being
(sleeping juveniles or apparently sleeping juveniles should be awakened).
3. Requests or concerns of the juvenile should be logged.
(e) Males and females shall not be placed in the same locked room (15 CCR 1147).
(f) Juvenile offenders should be separated according to severity of the crime (e.g., felony
or misdemeanor).
(g) Restrained juveniles shall not be mixed in a cell or room with unrestrained juveniles.

324.13 SUICIDE ATTEMPT, DEATH OR SERIOUS INJURY OF A JUVENILE

The Watch Commander will ensure procedures are in place to address the suicide attempt, death,
or serious injury of any juvenile held at the Oxnard Police Department (15 CCR § 1142; 15 CCR
§ 1047). The procedures will address:

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(a) Immediate notification of the on-duty supervisor, Chief of Police and Investigative
Services Bureau Commander.
(b) Notification of the parent, guardian or person standing in loco parentis, of the juvenile.
(c) Notification of the appropriate prosecutor.
(d) Notification of the City attorney.
(e) Notification to the medical examiner.
(f) Notification of the juvenile court.
(g) In the case of a death, providing a report to the Attorney General under Government
Code § 12525 within 10 calendar days of the death, and forwarding the same report to
the Board of State and Community Corrections within the same time frame (15 CCR
§ 1046).
(h) A medical and operational review of deaths and suicide attempts pursuant to 15 CCR
§ 1046.
(i) Evidence preservation.

324.14 INTERVIEWING OR INTERROGATING JUVENILE SUSPECTS

No interview or interrogation of a juvenile should occur unless the juvenile has the apparent
capacity to consent, and does consent to an interview or interrogation.
Prior to conducting a custodial interrogation, including the waiver of Miranda rights, an officer shall
permit a juvenile 15 years of age or younger to consult with legal counsel in person, by telephone
or by video conference. The consultation may not be waived by the juvenile. The requirement to
consult with legal counsel does not apply when (Welfare and Institutions Code § 625.6):
(a) Information is necessary to protect life or property from an imminent threat.
(b) The questions are limited to what is reasonably necessary to obtain the information
relating to the threat.

324.14.1 MANDATORY RECORDINGS OF JUVENILES

Any interrogation of an individual under 18 years of age who is in custody and suspected
of committing murder shall be audio and video recorded when the interview takes place at a
[department/office] facility, jail, detention facility or other fixed place of detention. The recording
shall include the entire interview and a Miranda advisement preceding the interrogation (Penal
Code § 859.5).
This recording is not mandatory when (Penal Code § 859.5):
(a) Recording is not feasible because of exigent circumstances that are later documented
in a report.

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(b) The individual refuses to have the interrogation recorded, including a refusal any time
during the interrogation, and the refusal is documented in a report. If feasible, the
refusal shall be electronically recorded.
(c) The custodial interrogation occurred in another state by law enforcement officers
of that state, unless the interrogation was conducted with the intent to avoid the
requirements of Penal Code § 859.5.
(d) The interrogation occurs when no member conducting the interrogation has a
reason to believe that the individual may have committed murder. Continued
custodial interrogation concerning that offense shall be electronically recorded if the
interrogating member develops a reason to believe the individual committed murder.
(e) The interrogation would disclose the identity of a confidential informant or would
jeopardize the safety of an officer, the individual being interrogated or another
individual. Such circumstances shall be documented in a report.
(f) A recording device fails despite reasonable maintenance and the timely repair or
replacement is not feasible.
(g) The questions are part of a routine processing or booking, and are not an interrogation.
(h) The suspect is in custody for murder and the interrogation is unrelated to a
murder. However, if any information concerning a murder is mentioned during the
interrogation, the remainder of the interrogation shall be recorded.
These recordings shall be retained until a conviction is final and all direct and habeas corpus
appeals are exhausted, a court no longer has any jurisdiction over the individual or the prosecution
for that offense is barred (Penal Code § 859.5; Welfare and Institutions Code § 626.8).

324.15 FORMAL BOOKING

No juvenile offender shall be formally booked without the authorization of the arresting officer's
supervisor, or in his/her absence, the Watch Commander.
Any juvenile 14 years of age or older who is taken into custody for a felony, or any juvenile whose
acts amount to a sex crime, shall be booked, fingerprinted, and photographed.
For all other acts defined as crimes, juveniles may be booked, fingerprinted or photographed
upon the approval from the Watch Commander or Detective Division supervisor, giving due
consideration to the following:
(a) The gravity of the offense
(b) The past record of the offender
(c) The age of the offender

324.15.1 DISPOSITIONS
(a) Any juvenile not transferred to a juvenile facility shall be released to one of the
following:
1. Parent or legal guardian.

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2. An adult member of his/her immediate family.

3. An adult person specified by the parent/guardian.
4. An adult person willing to accept responsibility, when the juvenile's parents are
unavailable as approved by the Watch Commander.
(b) If the six hour time limit has expired, the juvenile should be transported to the juvenile
hall to accept custody.
(c) After an officer has taken a juvenile into temporary custody for a violation of law, the
following dispositions are authorized:
1. The arresting officer may counsel or admonish the juvenile and recommend no
further action be taken.
2. If the arresting officer or the Watch Commander believes that further action is
needed, the juvenile will be released to a responsible person as listed above, and
such juvenile will be advised that follow-up action will be taken by a detective.
The detective assigned to the case will then determine the best course of action,
such as diversion or referral to court. The detective will contact the parents and
advise them of the course of action.
3. The arresting officer may complete an Application for Petition form on behalf of
the juvenile and forward it to the Investigative Services bureau for processing.
4. The juvenile may be transferred to Juvenile Hall with authorization of the
appropriate supervisor or the Watch Commander when the violation falls within
the provisions of Welfare and Institutions Code § 602.
(d) If a juvenile is to be transported to Juvenile Hall, the following items shall accompany
the juvenile:
1. Application for Juvenile Court Petition.
2. Three copies of the applicable reports for each juvenile transported. In certain
cases Juvenile Hall may accept custody of the juvenile based on the petition and
the agreement that facsimile copies will be forwarded as soon as completed.
3. Any personal property taken from the juvenile at the time of detention.

324.16 RELEASE OF INFORMATION CONCERNING JUVENILES

Court decisions and legislation have combined to carefully specify situations in which information
may be given out or exchanged when a case involves a juvenile. Members of this [department/
office] shall not divulge any information regarding juveniles unless they are certain of the legal
authority to do so.

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A copy of the current policy of the juvenile court concerning authorized release of information and
appropriate acknowledgment forms shall be kept with copies of this procedure in the Oxnard Police
Department Policy Manual. Such releases are authorized by Welfare and Institutions Code § 827.
Welfare and Institutions Code § 828 authorizes the release of certain information to other
agencies. It shall be the responsibility of the Records Manager and the appropriate Detective
Division supervisors to ensure that personnel of those bureaus act within legal guidelines.

324.17 BOARD OF STATE AND COMMUNITY CORRECTIONS CERTIFICATION

The Field Services Bureau Chief shall coordinate the procedures related to the custody of juveniles
held at the Oxnard Police Department and ensure any required certification is maintained (Welfare
and Institution Code § 210.2).

324.18 RELIGIOUS ACCOMMODATION

Juveniles have the right to the same religious accommodation as adults in temporary custody (see
the Temporary Custody of Adults Policy).

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325 Oxnard PD Policy Manual

School Resource Unit

325.1 PURPOSE AND SCOPE
To establish guidelines for the position of School Resource Officer (SRO), and to better define the
position of the SRO within the community.

325.2 METHOD
The SRO performs liaison functions between the Oxnard Police Department and the city schools.
The SRO monitors various juvenile activities within the city and reports to the School Resource
Unit Sergeant.

(a) Available assignments within the School Resource Unit include:

1. High School SRO
2. Elementary/Middle School SRO Officer
(b) Primary responsibilities:
1. To conduct criminal investigations occurring on or around school grounds,and
cases assigned by the School Resource Unit Sergeant.
2. To assist the schools and adolescents by providing a designated contact person
within the Department.
(a) The SRO shall maintain an open line of communication with the schools
regarding student tensions and activities that cannot be easily monitored
by patrol officers.
(b) The SRO's objective shall be to maintain a good rapport with the youth
and reduce school disruptive incidents throughout the city.
(c) The SRO will maintain an ongoing relationship with school administrators,
juvenile probation, and the district attorney's office to act as a resource for
delinquency prevention and safety programs.
(d) The SRO should be prepared to conduct safety and informational
presentations to parents, administration and/or students (eg. Anti-
bullying, drugs, gangs, active shooter/lockdowns)
3. To closely monitor various functions within the youth community to ensure that
conflicts are reported back to the Department.
4. Take a lead in solving conflicts within youth groups, and within the school
environment.
(a) The SRO is in a position to act as a mentor for students.
5. To provide guidance to parents or guardians with police related issues.

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6. To establish and maintain constant contact with local schools and be readily
available to respond to the Department needs at those locations.
(a) The amount of time spent at individual school sites will be dependent
upon the current contractual agreement between the individual schools,
the Oxnard Police Department, and the needs of the school.
(b) Attendance at local meetings dealing with schools or school environments
is encouraged.
7. To coordinate with high schools for the number of officers that will be needed to
work at scheduled home sporting events and intra-curricular activities.
(a) To coordinate safety and operational plans for graduation.
(b) Attendance at the football games by the SRO is required by the schools
unless other arrangements are made with the SRO Sergeant.
(c) Overtime compensation will be paid by the SRO's school. The SRO shall
notate any overtime cards so that the appropriate school(s) may be billed.
8. Initial reports and calls for service originating at school campuses are generally
the responsibility of the assigned SRO.
9. Tours of the police facility by school children can be coordinated through the
SRO, and should be conducted as time permits.
(a) Career Days at the local schools can be coordinated by the SRO.
(b) Government classes and Youth Academy classes are all conducted by
the SRO.
10. Attendance at school functions may be required. In order to more effectively
integrate with the schools, the SRO should attempt to be present at assemblies,
homecomings, sporting events, banquets, award ceremonies, and faculty
functions. Officers should also attempt to show a presence at other PAL and
department youth events.
(a) Other officers shall inform and coordinate with the assigned SRO of
upcoming functions/appearances at any of the local school campuses.
11. To maintain programs at the SRO's assigned school (i.e. Parent Project, Every
15 Minutes).

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326.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the investigation and reporting of suspected
abuse of certain adults who may be more vulnerable than others. This policy also addresses
mandatory notification for Oxnard Police Department members as required by law.

326.2 DEFINITIONS
For purposes of this policy, the following definitions are provided (Welfare and Institutions Code
§ 15610 et seq. and Penal Code § 368).
Dependent Adult - Any person residing in this state, between the ages of 18 and 64-years, who
has physical or mental limitations that restrict his or her ability to carry out normal activities or to
protect his or her rights including, but not limited to, persons who have physical or developmental
disabilities or whose physical or mental abilities have diminished because of age. Dependent Adult
includes any person between the ages of 18 and 64-years who is admitted as an inpatient to a
24-hour health facility, as defined In Health and Safety Code §§ 1250, 1250.2, and 1250.3.
Elder - Any person residing in this state, 65-years of age or older.
Financial Abuse - A situation in which any person who has the care or custody of, or who stands
in a position of trust to, an elder or a dependent adult, takes, secretes, or appropriates their money
or property to any use or purposes not in the due and lawful execution of his or her trust.
Abuse of an Elder or a Dependent Adult - Physical abuse, neglect, financial abuse,
abandonment, isolation or other treatment with resulting physical harm, pain, mental suffering,
or the deprivation by a care custodian of goods or services that are necessary to avoid physical
harm or mental suffering.
Adult Protective Services Agency - A county welfare department, except persons who do not
work directly with elders or dependent adults as part of their official duties, including members of
support staff and maintenance staff.
Neglect - The negligent failure of any person having the care or custody of an elder or a dependent
adult to exercise that degree of care which a reasonable person in a like position would exercise.
Neglect includes, but is not limited to, all of the following:

(a) Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter.
(b) Failure to provide medical care for physical and mental health needs. No person shall
be deemed neglected or abused for the sole reason that he or she voluntarily relies
on treatment by spiritual means through prayer alone instead of medical treatment.

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326.3 POLICY
The Oxnard Police Department will investigate all reported incidents of alleged elder and
dependent abuse and ensure proper reporting and notification as required by law.

326.4 INVESTIGATIONS AND REPORTING

All reported or suspected cases of adult abuse require investigation and a report, even if the
allegations appear unfounded or unsubstantiated.
Investigations and reports related to suspected cases of adult abuse should address, as
applicable:
(a) The overall basis for the contact. This should be done by the investigating officer in all
circumstances where a suspected adult abuse victim is contacted.
(b) Any relevant statements the victim may have made and to whom he/she made the
statements.
(c) If a person is taken into protective custody, the reasons, the name and title of the
person making the decision, and why other alternatives were not appropriate.
(d) Documentation of any visible injuries or any injuries identified by the victim. This should
include photographs of such injuries, if practicable.
(e) Whether the victim was transported for medical treatment or a medical examination.
(f) Whether the victim identified a household member as the alleged perpetrator, and a
list of the names of any other potential victims or witnesses who may reside in the
residence.
(g) Identification of any prior related reports or allegations of abuse, including other
jurisdictions, as reasonably known.
(h) Previous addresses of the victim and suspect.
(i) Other potential witnesses who have not yet been interviewed, such as relatives or
others close to the victim’s environment.
(j) Results of investigations shall be provided to those agencies (Adult Protective
Services (APS), long-term ombudsman) that referred or reported the adult abuse
(Welfare and Institutions Code § 15640(f)).
(k) Whether a death involved the End of Life Option Act:
1. Whether or not assistance was provided to the person beyond that allowed by
law (Health and Safety Code § 443.14)
2. Whether an individual knowingly altered or forged a request for an aid-in-
dying drug to end a person’s life without his/her authorization, or concealed or
destroyed a withdrawal or rescission of a request for an aid-in-dying drug (Health
and Safety Code § 443.17)
3. Whether coercion or undue influence was exerted on the person to request or
ingest an aid-in-dying drug or to destroy a withdrawal or rescission of a request
for such medication (Health and Safety Code § 443.17)

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4. Whether an aid-in-dying drug was administered to a person without his/her

knowledge or consent (Health and Safety Code § 443.17).
Any unexplained death of an adult who was in the care of a guardian or caretaker should be
considered as potential adult abuse and investigated similarly.

326.5 QUALIFIED INVESTIGATORS

Qualified investigators should be available to investigate cases of elder and dependent abuse.
These investigators should:
(a) Conduct interviews in appropriate interview facilities.
(b) Be familiar with forensic interview techniques specific to adult abuse investigations.
(c) Present cases of alleged adult abuse to the prosecutor for review.
(d) Coordinate with other enforcement agencies, social service agencies and facility
administrators as needed.
(e) Provide referrals to therapy services, victim advocates, guardians and support for the
victim and family as appropriate.
(f) Participate in or coordinate with multidisciplinary investigative teams as applicable
(Welfare and Institutions Code § 15610.55).

326.6 MANDATORY NOTIFICATION

Members of the Oxnard Police Department shall notify the local office of the California Department
of Social Services (CDSS) APS agency when they reasonably suspect, have observed, or have
knowledge of an incident that reasonably appears to be abuse of an elder (age 65 or older) or
dependent adult, or are told by an elder or dependent adult that he/she has experienced abuse
(Welfare and Institutions Code § 15630(b)).
Notification shall be made by telephone as soon as practicable and a written report shall be
provided within two working days as provided in Welfare and Institutions Code § 15630(b)(c)).
A dependent adult is an individual, regardless of whether the individual lives independently,
between 18 and 64 years of age who has physical or mental limitations that restrict his/her ability
to carry out normal activities or to protect his/her rights, including but not limited to persons who
have physical or developmental disabilities or whose physical or mental abilities have diminished
because of age. This also includes those admitted as inpatients to a 24-hour health facility, as
defined in state law (Welfare and Institutions Code § 15610.23).
Notification shall also be made to the following agencies as soon as practicable or as provided
below (Welfare and Institutions Code § 15630):
(a) If the abuse is physical abuse and occurred in a long-term care facility (not a state
mental health hospital or a state developmental center) notification shall be made as
follows (Welfare and Institutions Code § 15630(b)(1)):

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1. If there is serious bodily injury, notification shall be made by telephone and,

within two hours, a written report shall be made to the local ombudsman and the
corresponding licensing agency.
2. If there is physical abuse and no serious bodily injury, notification shall be made
by telephone and, within 24 hours, a written report shall be made to the local
ombudsman and the corresponding licensing agency.
3. If the abuse is allegedly caused by a resident with dementia and there is no
serious bodily injury, notification shall be made by telephone and a written report
to the local ombudsman within 24 hours.
4. When a report of abuse is received by the [Department/Office], the local
ombudsman shall be called to coordinate efforts to provide the most immediate
and appropriate response (Welfare and Institutions Code § 15630(b)).
(b) If the abuse is in a long-term care facility (not a state mental health or a state
developmental center) and is other than physical abuse, a telephone report and a
written report shall be made to the local ombudsman as soon as practicable (Welfare
and Institutions Code § 15630(b)).
(c) The California Department of Public Health (DPH) shall be notified of all known or
suspected abuse in a long-term care facility.
(d) The SDSS shall be notified of all known or suspected abuse occurring in a residential
care facility for the elderly or in an adult day program.
(e) If the abuse occurred in an adult day health care center, DPH and the California
Department of Aging shall be notified.
(f) The Bureau of Medi-Cal Fraud and Elder Abuse shall be notified of all abuse that
constitutes criminal activity in a long-term care facility.
(g) The District Attorney’s office shall be notified of all cases of physical abuse and
financial abuse in a long-term care facility.
(h) If the abuse occurred at a state mental hospital or a state developmental center,
notification shall be made to the designated investigators of the California Department
of State Hospitals or the California Department of Developmental Services as soon as
practicable but no later than two hours after law enforcement becomes aware of the
abuse (Welfare and Institutions Code § 15630(b)).
1. When a report of abuse is received by the [Department/Office], investigation
efforts shall be coordinated with the designated investigators of the California
Department of State Hospitals or the California Department of Developmental
Services (Welfare and Institutions Code § 15630(b)).
(i) If during an investigation it is determined that the adult abuse is being committed by a
licensed health practitioner as identified in Welfare and Institutions Code § 15640(b),
the appropriate licensing agency shall be immediately notified (Welfare and Institutions
Code 15640(b)).
(j) When the [Department/Office] receives a report of abuse, neglect or abandonment of
an elder or dependent adult alleged to have occurred in a long-term care facility, the

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licensing agency shall be notified by telephone as soon as practicable (Welfare and

Institutions Code § 15640(e)).
The Family Protection Sergeant is responsible for ensuring that proper notifications have occurred
to the District Attorney’s Office and any other regulatory agency that may be applicable based
upon where the abuse took place (e.g., care facility, hospital) per Welfare and Institutions Code
§ 15630(b).
Notification is not required for a person who was merely present when a person self-administered
a prescribed aid-in-dying drug or a person prepared an aid-in-dying drug so long as the person
did not assist the individual in ingesting the aid-in-dying drug (Health and Safety Code § 443.14;
Health and Safety Code § 443.18).

326.6.1 NOTIFICATION PROCEDURE

Notification should include the following information, if known (Welfare and Institutions Code §
15630(e)):
(a) The name of the person making the report.
(b) The name and age of the elder or dependent adult.
(c) The present location of the elder or dependent adult.
(d) The names and addresses of family members or any other adult responsible for the
care of the elder or dependent adult.
(e) The nature and extent of the condition of the elder or dependent adult.
(f) The date of incident.
(g) Any other information, including information that led the person to suspect elder or
dependent adult abuse.

326.7 PROTECTIVE CUSTODY

Before taking an adult abuse victim into protective custody when facts indicate the adult may
not be able to care for him/herself, the officer should make reasonable attempts to contact APS.
Generally, removal of an adult abuse victim from his/her family, guardian or other responsible
adult should be left to the welfare authorities when they are present or have become involved in
an investigation.
Generally, members of this department should remove an adult abuse victim from his/her family
or guardian without a court order only when no other effective alternative is reasonably available
and immediate action reasonably appears necessary to protect the victim. Prior to taking an adult
abuse victim into protective custody, the officer should take reasonable steps to deliver the adult
to another qualified legal guardian, unless it reasonably appears that the release would endanger
the victim or result in abduction. If this is not a reasonable option, the officer shall ensure that the
adult is delivered to APS.

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Whenever practicable, the officer should inform a supervisor of the circumstances prior to taking
an adult abuse victim into protective custody. If prior notification is not practicable, officers should
contact a supervisor promptly after taking the adult into protective custody.
When adult abuse victims are under state control, have a state-appointed guardian or there are
other legal holdings for guardianship, it may be necessary or reasonable to seek a court order
on behalf of the adult victim to either remove the adult from a dangerous environment (protective
custody) or restrain a person from contact with the adult.

326.7.1 EMERGENCY PROTECTIVE ORDERS

In any situation which an officer reasonably believes that an elder or dependent adult is in
immediate and present danger of abuse based on an allegation of a recent incident of abuse or
threat of abuse (other than financial abuse alone), the officer may seek an emergency protective
order against the person alleged to have committed or threatened such abuse (Family Code §
6250(d)).

326.8 INTERVIEWS

326.8.1 PRELIMINARY INTERVIEWS

Absent extenuating circumstances or impracticality, officers should record the preliminary
interview with a suspected adult abuse victim. Officers should avoid multiple interviews with the
victim and should attempt to gather only the information necessary to begin an investigation.

326.8.2 DETAINING VICTIMS FOR INTERVIEWS

An officer should not detain an adult involuntarily who is suspected of being a victim of abuse
solely for the purpose of an interview or physical exam without his/her consent or the consent of
a guardian unless one of the following applies:
(a) Exigent circumstances exist, such as:
1. A reasonable belief that medical issues of the adult need to be addressed
immediately.
2. A reasonable belief that the adult is or will be in danger of harm if the interview
or physical exam is not immediately completed.
3. The alleged offender is a family member or guardian and there is reason to
believe the adult may be in continued danger.
(b) A court order or warrant has been issued.

326.9 MEDICAL EXAMINATIONS

When an abuse investigation requires a medical examination, the investigating officer should
obtain consent for such examination from the victim, guardian, agency or entity having legal
custody of the adult. The Family Protection Unit should arrange for the adult’s transportation to
the appropriate facility.

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In cases where the alleged offender is a family member, guardian, agency or entity having legal
custody and is refusing to give consent for the medical examination, the officer should notify a
supervisor before proceeding. If exigent circumstances do not exist or if state law does not provide
for officers to take the adult for a medical examination, the FPU supervisor should consider other
government agencies or services that may obtain a court order for such an examination.

326.10 DRUG-ENDANGERED VICTIMS

A coordinated response by law enforcement and social services agencies is appropriate to meet
the immediate and longer-term medical and safety needs of an abuse victim who has been
exposed to the manufacturing, trafficking or use of narcotics.

326.10.1 OFFICER RESPONSIBILITIES

Officers responding to a drug lab or other narcotics crime scene where an adult abuse victim is
present or where there is evidence that an adult abuse victim lives should:
(a) Document the environmental, medical, social and other conditions of the adult, using
photography as appropriate and the checklist or form developed for this purpose.
(b) Notify the Family Protection Sergeantso an interagency response can begin.

326.10.2 SUPERVISOR RESPONSIBILITIES

The Family Protection Sergeant should:
(a) Work with professionals from the appropriate agencies, including APS, other law
enforcement agencies, medical service providers and local prosecutors, to develop
community specific procedures for responding to situations where there are adult
abuse victims endangered by exposure to methamphetamine labs or the manufacture
and trafficking of other drugs.
(b) Activate any available interagency response when an officer notifies the Family
Protection Sergeant that he/she has responded to a drug lab or other narcotics crime
scene where an adult abuse victim is present or where evidence indicates that an
adult abuse victim lives.
(c) Develop a report format or checklist for use when officers respond to drug labs or other
narcotics crime scenes. The checklist will help officers document the environmental,
medical, social and other conditions that may affect the adult.

326.11 FAMILY PROTECTION UNIT RESPONSIBILITIES

The Family Protection Unit is responsible for:
(a) Providing a copy of the adult abuse report to the APS, ombudsman or other agency
as applicable within two working days or as required by law (Welfare and Institutions
Code § 15630; Welfare and Institutions Code § 15640(c)).
(b) Retaining the original adult abuse report with the initial case file.

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326.12 JURISDICTION
The Oxnard Police Department has concurrent jurisdiction with state law enforcement agencies
when investigating elder and dependent adult abuse and all other crimes against elder victims
and victims with disabilities (Penal Code § 368.5).
Adult protective services agencies and local long-term care ombudsman programs also have
jurisdiction within their statutory authority to investigate elder and dependent adult abuse and
criminal neglect and may assist in criminal investigations upon request in such cases. However,
this [department/office] will retain responsibility for the criminal investigations (Penal Code §
368.5).

326.13 RELEVANT STATUTES

Penal Code § 368 (c)
Any person who knows or reasonably should know that a person is an elder or dependent adult
and who, under circumstances or conditions other than those likely to produce great bodily harm
or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon
unjustifiable physical pain or mental suffering, or having the care or custody of any elder or
dependent adult, willfully causes or permits the person or health of the elder or dependent adult
to be injured or willfully causes or permits the elder or dependent adult to be placed in a situation
in which his or her person or health may be endangered, is guilty of a misdemeanor.
Penal Code § 368 (f)
(f) A person who commits the false imprisonment of an elder or a dependent adult by the use of
violence, menace, fraud, or deceit is punishable by imprisonment pursuant to subdivision (h) of
Section 1170 for two, three, or four years.
Welfare and Institutions Code § 15610.05
“Abandonment” means the desertion or willful forsaking of an elder or a dependent adult by anyone
having care or custody of that person under circumstances in which a reasonable person would
continue to provide care and custody.
Welfare and Institutions Code § 15610.06
“Abduction” means the removal from this state and the restraint from returning to this state, or
the restraint from returning to this state, of any elder or dependent adult who does not have the
capacity to consent to the removal from this state and the restraint from returning to this state, or
the restraint from returning to this state, as well as the removal from this state or the restraint from
returning to this state, of any conservatee without the consent of the conservator or the court.
Welfare and Institutions Code § 15610.30
(a) “Financial abuse” of an elder or dependent adult occurs when a person or entity does any of
the following:

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(1) Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or
dependent adult for a wrongful use or with intent to defraud, or both.
(2) Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property
of an elder or dependent adult for a wrongful use or with intent to defraud, or both.
(3) Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting,
appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult
by undue influence, as defined in Section 15610.70.
(b) A person or entity shall be deemed to have taken, secreted, appropriated, obtained, or
retained property for a wrongful use if, among other things, the person or entity takes, secretes,
appropriates, obtains, or retains the property and the person or entity knew or should have known
that this conduct is likely to be harmful to the elder or dependent adult.
(c) For purposes of this section, a person or entity takes, secretes, appropriates, obtains, or retains
real or personal property when an elder or dependent adult is deprived of any property right,
including by means of an agreement, donative transfer, or testamentary bequest, regardless of
whether the property is held directly or by a representative of an elder or dependent adult.
(d) For purposes of this section, “representative” means a person or entity that is either of the
following:
(1) A conservator, trustee, or other representative of the estate of an elder or dependent adult.
(2) An attorney-in-fact of an elder or dependent adult who acts within the authority of the
power of attorney.
Welfare and Institutions Code § 15610.43
(a) “Isolation” means any of the following:
(1) Acts intentionally committed for the purpose of preventing, and that do serve to prevent,
an elder or dependent adult from receiving his or her mail or telephone calls.
(2) Telling a caller or prospective visitor that an elder or dependent adult is not present, or
does not wish to talk with the caller, or does not wish to meet with the visitor where the
statement is false, is contrary to the express wishes of the elder or the dependent adult,
whether he or she is competent or not, and is made for the purpose of preventing the elder
or dependent adult from having contact with family, friends, or concerned persons.
(3) False imprisonment, as defined in Section 236 of the Penal Code.
(4) Physical restraint of an elder or dependent adult, for the purpose of preventing the elder
or dependent adult from meeting with visitors.
(b) The acts set forth in subdivision (a) shall be subject to a rebuttable presumption that they do not
constitute isolation if they are performed pursuant to the instructions of a physician and surgeon
licensed to practice medicine in the state, who is caring for the elder or dependent adult at the
time the instructions are given, and who gives the instructions as part of his or her medical care.

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(c) The acts set forth in subdivision (a) shall not constitute isolation if they are performed in
response to a reasonably perceived threat of danger to property or physical safe
Welfare and Institutions Code § 15610.57
(a) “Neglect” means either of the following:
(1) The negligent failure of any person having the care or custody of an elder or a dependent
adult to exercise that degree of care that a reasonable person in a like position would
exercise.
(2) The negligent failure of an elder or dependent adult to exercise that degree of self care
that a reasonable person in a like position would exercise.
(b) Neglect includes, but is not limited to, all of the following:
(1) Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter.
(2) Failure to provide medical care for physical and mental health needs. No person shall be
deemed neglected or abused for the sole reason that he or she voluntarily relies on treatment
by spiritual means through prayer alone in lieu of medical treatment.
(3) Failure to protect from health and safety hazards.
(4) Failure to prevent malnutrition or dehydration.
(5) Failure of an elder or dependent adult to satisfy the needs specified in paragraphs (1) to
(4), inclusive, for himself or herself as a result of poor cognitive functioning, mental limitation,
substance abuse, or chronic poor health.
Welfare and Institutions Code § 15610.63
15610.63. “Physical abuse” means any of the following:
(a) Assault, as defined in Section 240 of the Penal Code.
(b) Battery, as defined in Section 242 of the Penal Code.
(c) Assault with a deadly weapon or force likely to produce great bodily injury, as defined in Section
245 of the Penal Code.
(d) Unreasonable physical constraint, or prolonged or continual deprivation of food or water.
(e) Sexual assault, that means any of the following:
(1) Sexual battery, as defined in Section 243.4 of the Penal Code.
(2) Rape, as defined in Section 261 of the Penal Code.
(3) Rape in concert, as described in Section 264.1 of the Penal Code.
(4) Spousal rape, as defined in Section 262 of the Penal Code.
(5) Incest, as defined in Section 285 of the Penal Code.

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(6) Sodomy, as defined in Section 286 of the Penal Code.

(7) Oral copulation, as defined in Section 287 or former Section 288a of the Penal Code.
(8) Sexual penetration, as defined in Section 289 of the Penal Code.
(9) Lewd or lascivious acts as defined in paragraph (2) of subdivision (b) of Section 288 of
the Penal Code.
(f) Use of a physical or chemical restraint or psychotropic medication under any of the following
conditions:
(1) For punishment.
(2) For a period beyond that for which the medication was ordered pursuant to the instructions
of a physician and surgeon licensed in the State of California, who is providing medical care
to the elder or dependent adult at the time the instructions are given.
(3) For any purpose not authorized by the physician and surgeon.

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328 Oxnard PD Policy Manual

Discriminatory Harassment
328.1 PURPOSE AND SCOPE
The purpose of this policy is to prevent department members from being subjected to
discriminatory harassment, including sexual harassment and retaliation. Nothing in this policy is
intended to create a legal or employment right or duty that is not created by law.

328.2 POLICY
The Oxnard Police Department is an equal opportunity employer and is committed to creating
and maintaining a work environment that is free of all forms of discriminatory harassment,
including sexual harassment and retaliation (Government Code § 12940(k); 2 CCR 11023).
The [Department/Office] will not tolerate discrimination against a member in hiring, promotion,
discharge, compensation, fringe benefits and other privileges of employment. The [Department/
Office] will take preventive and corrective action to address any behavior that violates this policy
or the rights it is designed to protect.
The nondiscrimination policies of the [Department/Office] may be more comprehensive than state
or federal law. Conduct that violates this policy may not violate state or federal law but still could
subject a member to discipline.

328.3 DEFINITIONS
Definitions related to this policy include:

328.3.1 RETALIATION
Retaliation is treating a person differently or engaging in acts of reprisal or intimidation
against the person because he/she has engaged in protected activity, filed a charge of
discrimination, participated in an investigation or opposed a discriminatory practice. Retaliation
will not be tolerated.

328.4 RESPONSIBILITIES
This policy applies to all department personnel. All members shall follow the intent of these
guidelines in a manner that reflects department policy, professional law enforcement standards
and the best interest of the Department and its mission.
Members are encouraged to promptly report any discriminatory, retaliatory or harassing conduct
or known violations of this policy to a supervisor. Any member who is not comfortable with reporting
violations of this policy to his/her immediate supervisor may bypass the chain of command and
make the report to a higher ranking supervisor or manager. Complaints may also be filed with the
Chief of Police, the Director of Human Services or the City Manager.
Any member who believes, in good faith, that he/she has been discriminated against, harassed
or subjected to retaliation, or who has observed harassment or discrimination, is encouraged to
promptly report such conduct in accordance with the procedures set forth in this policy.

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Supervisors and managers receiving information regarding alleged violations of this policy shall
determine if there is any basis for the allegation and shall proceed with resolution as stated below.

328.4.1 SUPERVISOR RESPONSIBILITIES

The responsibilities of each supervisor and manager shall include, but are not limited to:
(a) Continually monitoring the work environment and striving to ensure that it is free from
all types of unlawful discrimination, including harassment or retaliation.
(b) Taking prompt, appropriate action within their work units to avoid and minimize the
incidence of any form of discrimination, harassment or retaliation.
(c) Ensuring that his/her subordinates understand their responsibilities under this policy.
(d) Ensuring that members who make complaints or who oppose any unlawful
employment practices are protected from retaliation and that such matters are kept
confidential to the extent possible.
(e) Making a timely determination regarding the substance of any allegation based upon
all available facts.
(f) Notifying the Chief of Police or Director of Human Services in writing of
the circumstances surrounding any reported allegations or observed acts of
discrimination, harassment or retaliation no later than the next business day.

328.4.2 SUPERVISOR’S ROLE

Because of differences in individual values, supervisors and managers may find it difficult to
recognize that their behavior or the behavior of others is discriminatory, harassing or retaliatory.
Supervisors and managers shall be aware of the following considerations:
(a) Behavior of supervisors and managers should represent the values of our Department
and professional law enforcement standards.
(b) False or mistaken accusations of discrimination, harassment or retaliation can have
negative effects on the careers of innocent members.
Nothing in this section shall be construed to prevent supervisors or managers from discharging
supervisory or management responsibilities, such as determining duty assignments, evaluating
or counseling members or issuing discipline, in a manner that is consistent with established
procedures.

328.4.3 QUESTIONS OR CLARIFICATION

Members with questions regarding what constitutes discrimination, sexual harassment or
retaliation are encouraged to contact a supervisor, a manager, the Chief of Police, the Director of
Human Services, the City Manager or the California Department of Fair Employment and Housing
for further information, direction or clarification.

328.5 INVESTIGATION OF COMPLAINTS

The Human Resources Department is responsible for overseeing and/or conducting Equal
Employment Opportunity (EEO) investigations into allegations of discrimination and harassment.

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After an Equal Employment Opportunity investigation is completed and allegations of wrong-doing

have been substantiated against a member of the OPOA or OPSMA, the matter will be referred
to Professional Standards to conduct an investigation compliant with Government Code §§ 3300
through 3311 ("Public Safety Officers Procedural Bill of Rights").
The Police Department will act in accordance with City of Oxnard Administrative Manual § E-21.

328.6 REQUIRED POSTERS

The [Department/Office] shall display the required posters regarding discrimination, harassment
and transgender rights in a prominent and accessible location for members (Government Code
§ 12950).

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330.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the investigation of suspected child abuse.
This policy also addresses when Oxnard Police Department members are required to notify
Ventura County Children and Family Services (VCCFS) of suspected child abuse.

330.1.1 DEFINITIONS
Definitions related to this policy include:
Child - Unless otherwise specified by a cited statute, a child is any person under the age of 18
years.
Child Abuse - Any offense or attempted offense involving violence or neglect with a child victim
when committed by a person responsible for the child's care or any other act that would mandate
notification to a social service agency or law enforcement (Penal Code § 11165.9; Penal Code
§ 11166).

330.2 POLICY
The Oxnard Police Department will investigate all reported incidents of alleged criminal child abuse
and ensure CFS is notified as required by law.

330.3 MANDATORY NOTIFICATION

Employees of the Oxnard Police Deprtment shall have a mandatory duty to notify CFS regardless
of the officer's opinion as to the report when(Penal Code §11166(k)):
(a) The Department receives a report of a known or suspected instance of child abuse or
neglect, which is alleged to have occurred as a result of the action of a person responsible for
the child's welfare, or
(b) The Department received a report that a person responsible for the child's welfare fails to
adequately protect the child from abuse when the person knew or reasonably should have known
that the child was in danger of abuse.

The District Attorney’s office shall be notified in all instances of known or suspected child abuse
or neglect reported to this department. Reports only involving neglect by a person, who has the
care or custody of a child, to provide adequate food, clothing, shelter, medical care or supervision
where no physical injury to the child has occurred should not be reported to the District Attorney
(Penal Code § 11166).
When the abuse or neglect occurs at a licensed facility or is alleged to have resulted from the
actions of a person who is required to have a state license (e.g., foster homes, group homes,
day care), notification shall also be made to the California Department of Social Services or other
applicable licensing authority (Penal Code 11166.1; Penal Code 11166.2).

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For purposes of notification, the abuse or neglect includes physical injury or death inflicted by other
than accidental means upon a child by another person; sexual abuse (Penal Code § 11165.1);
neglect (Penal Code § 11165.2); the willful harming or injuring of a child or the endangering of the
person or health of a child (Penal Code § 11165.3); and unlawful corporal punishment or injury
(Penal Code § 11165.4). Child abuse or neglect does not include a mutual affray between minors,
nor does it include an injury caused by the reasonable and necessary force used by a peace
officer acting within the course and scope of his/her employment as a peace officer.

330.3.1 NOTIFICATION PROCEDURE

Notification should occur as follows (Penal Code § 11166):
(a) Notification to CFS shall be made immediately, or as soon as practicable, by
telephone, fax or electronic transmission.
(b) A written follow-up report should be forwarded within 36 hours of receiving the
information concerning the incident. The Family Protection Unit will be responsible for
forwarding the written report.

330.3.2 RELEASE OF REPORTS

Reports of child abuse or suspected child abuse shall be confidential and may only be disclosed
pursuant to Penal Code § 11167.5 and Policy Manual § 810.

330.4 QUALIFIED INVESTIGATORS

Qualified investigators should be available for child abuse investigations. These investigators
should:
(a) Conduct interviews in child appropriate interview facilities.
(b) Be familiar with forensic interview techniques specific to child abuse investigations.
(c) Present all substantiated cases of alleged child abuse to the prosecutor for review.
(d) Coordinate with other enforcement agencies, social service agencies and school
administrators as needed.
(e) Provide referrals to therapy services, victim advocates, guardians and support for the
child and family as appropriate.
(f) Participate in or coordinate with multidisciplinary investigative teams as applicable
(Welfare and Institutions Code § 18961.7).

330.5 INVESTIGATIONS AND REPORTING

In all reported or suspected cases of child abuse, a report will be written. Officers shall write
a report even if the allegations appear unfounded or unsubstantiated. Officers shall complete a
Suspected Child Abuse Report form and submit the report form to the Family Protection Unit.
Investigations and reports related to suspected cases of child abuse should address, as
applicable:

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(a) The overall basis for the contact. This should be done by the investigating officer in all
circumstances where a suspected child abuse victim was contacted.
(b) The exigent circumstances that existed if officers interviewed the child victim without
the presence of a parent or guardian.
(c) Any relevant statements the child may have made and to whom he/she made the
statements.
(d) If a child was taken into protective custody, the reasons, the name and title of the
person making the decision, and why other alternatives were not appropriate.
(e) Documentation of any visible injuries or any injuries identified by the child. This should
include photographs of such injuries.
(f) Whether the child victim was transported for medical treatment or a medical
examination.
(g) Whether the victim identified a household member as the alleged perpetrator, and a
list of the names of any other children who may reside in the residence.
(h) Identification of any prior related reports or allegations of child abuse, including other
jurisdictions, as reasonably known.
(i) Previous addresses of the victim and suspect.
(j) Other potential witnesses who have not yet been interviewed, such as relatives or
others close to the victim’s environment.

All cases of the unexplained death of a child should be investigated as thoroughly as if it had been
a case of suspected child abuse (e.g., a sudden or unexplained death of an infant).

330.6 PROTECTIVE CUSTODY

Before taking any child into protective custody, the officer should make reasonable attempts to
contact CFS. Generally, removal of a child from his/her family, guardian or other responsible adult
should be left to the child welfare authorities when they are present or have become involved in
an investigation.
Generally, members of this department should remove a child from his/her parent or guardian
without a court order only when no other effective alternative is reasonably available and
immediate action reasonably appears necessary to protect the child. Prior to taking a child into
protective custody, the officer should take reasonable steps to deliver the child to another qualified
parent or legal guardian, unless it reasonably appears that the release would endanger the child
or result in abduction. If this is not a reasonable option, the officer shall ensure that the child is
delivered to CFS.

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The officer shall inform a supervisor of the circumstances prior to taking a child into protective
custody. The informed supervisor shall notify the Family Proection Unit Supervisor of the protective
custody. If applicable, the officer shall complete an application for petition per Welfare Institutions
Code §329. The completed application will be provided to CFS upon accepting physical custody
of the minor child. The officer will provide the Family Protection Unit a copy of the completed
application.
Children may only be removed from a parent or guardian in the following situations when a court
order cannot reasonably be obtained in a timely manner (Welfare and Institutions Code § 305):
(a) The officer reasonably believes the child is a person described in Welfare and
Institutions Code § 300, or a commercially exploited child under Penal Code § 647 and
Penal Code § 653.22, and further has good cause to believe that any of the following
conditions exist:
1. The child has an immediate need for medical care.
2. The child is in immediate danger of physical or sexual abuse.
3. The physical environment or the fact that the child is left unattended poses
an immediate threat to the child’s health or safety. In the case of a child left
unattended, the officer shall first attempt to locate and determine if a responsible
parent or legal guardian is available and capable of assuming custody before
taking the child into protective custody.
(b) The officer reasonably believes the child requires protective custody under the
provisions of Penal Code § 279.6, in one of the following circumstances:
1. It reasonably appears to the officer that a person is likely to conceal the child,
flee the jurisdiction with the child or, by flight or concealment, evade the authority
of the court.
2. There is no lawful custodian available to take custody of the child.
3. There are conflicting custody orders or conflicting claims to custody and the
parties cannot agree which party should take custody of the child.
4. The child is an abducted child.
(c) The child is in the company of, or under the control of, a person arrested for Penal
Code § 278 (Detainment or concealment of child from legal custodian) or Penal Code
§ 278.5 (Deprivation of custody of a child or right to visitation) (Penal Code § 279.6).
A child taken into protective custody shall be delivered to CFS unless otherwise directed by court
order.

330.6.1 CALIFORNIA SAFELY SURRENDERED BABY LAW

An individual having lawful custody of an infant less than 72 hours old is not guilty of abandonment
if the individual voluntarily surrenders physical custody of the infant to personnel on-duty at a safe-

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surrender site, such as a hospital or fire department (Penal Code § 271.5). The law requires the
surrender site to notify CFS.

330.7 INTERVIEWS

330.7.1 PRELIMINARY INTERVIEWS

Absent extenuating circumstances or impracticality, officers shall record the preliminary interview
with suspected child abuse victims. Officers should avoid multiple interviews with a child victim
and should attempt to gather only the information necessary to begin an investigation. When
practicable, investigating officers should defer interviews until a person who is specially trained
in such interviews is available. Generally, child victims should not be interviewed in the home or
location where the alleged abuse occurred.

330.7.2 DETAINING SUSPECTED CHILD ABUSE VICTIMS FOR AN INTERVIEW

An officer should not detain a child involuntarily who is suspected of being a victim of child abuse
solely for the purpose of an interview or physical exam without the consent of a parent or guardian
unless one of the following applies:
(a) Exigent circumstances exist, such as:
1. A reasonable belief that medical issues of the child need to be addressed
immediately.
2. A reasonable belief that the child is or will be in danger of harm if the interview
or physical exam is not immediately completed.
3. The alleged offender is the custodial parent or guardian and there is reason to
believe the child may be in continued danger.
(b) A court order or warrant has been issued.

330.7.3 INTERVIEWS AT A SCHOOL

Any student at school who is a suspected victim of child abuse shall be afforded the option of
being interviewed in private or selecting any qualified available adult member of the school staff
to be present. The purpose of the staff member's presence is to provide comfort and support. The
staff member shall not participate in the interview. The selection of a staff member should be such
that it does not burden the school with costs or hardship (Penal Code § 11174.3).

330.8 MEDICAL EXAMINATIONS

If the child has been the victim of sexual abuse requiring medical examination, the responding
officers shall contact the Watch Commander. The Family Protection Unit Sergeant will be notified
so that arrangements can be made by the victim advocate or detectives to transport the child to the
Multi-Disciplinary Center-Safe Harbor for an examination by a Registered Nurse/SART Nurse. If
the child has been the victim of abuse that requires a medical examination, detectives should
obtain consent for such examination from the appropriate parent, guardian or agency having legal

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custody of the child. The detective should also arrange for the child’s transportation to MDIC-Safe
Harbor.
The Family Protection Unit Supervisor shall ensure that the detectives advise the victim and/or
victim's guardian that they have the right to have a Sexual Assault Victim Counselor or the person
of their choice present during the medicolegal examination. The Family Protection Unit Supervisor
shall ensure that the detectives contact the Coalition for Family Harmony, Ventura County's Local
Rape Counseling Center, and notify them that an examination will take place. The Coalition will
also be advised of the victim's request concerning who they wish to attend the examination. In all
cases, the victim shall be provided a document containing victim services information pursuant
to §13701 of the Penal Code.
In cases where the alleged offender is the custodial parent or guardian, a Family Protection Unit
detective should consider obtaining a court order for such examination.

330.9 DRUG-ENDANGERED CHILDREN

A coordinated response by law enforcement and social services agencies is appropriate to
meet the immediate and longer-term medical and safety needs of children exposed to the
manufacturing, trafficking or use of narcotics.

330.9.1 SUPERVISOR RESPONSIBILITIES

VCAT supervisor should:
(a) Work with professionals from the appropriate agencies, including CFS, other law
enforcement agencies, medical service providers and local prosecutors to develop
community specific procedures for responding to situations where there are children
endangered by exposure to methamphetamine labs or the manufacture and trafficking
of other drugs.
(b) Activate any available interagency response when an officer notifies the VCAT
supervisor that the officer has responded to a drug lab or other narcotics crime scene
where a child is present or where evidence indicates that a child lives there.
(c) Develop a report format or checklist for use when officers respond to drug labs or other
narcotics crime scenes. The checklist will help officers document the environmental,
medical, social and other conditions that may affect the child.

330.9.2 OFFICER RESPONSIBILITIES

Officers responding to a drug lab or other narcotics crime scene where a child is present or where
there is evidence that a child lives should:
(a) Document the environmental, medical, social and other conditions of the child using
photography as appropriate and the checklist or form developed for this purpose.
(b) Notify the VCAT supervisor so an interagency response can begin.

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330.10 STATE MANDATES AND OTHER RELEVANT LAWS

California requires or permits the following:

330.10.1 RELEASE OF REPORTS

Information related to incidents of child abuse or suspected child abuse shall be confidential and
may only be disclosed pursuant to state law and the Records Maintenance and Release Policy
(Penal Code 841.5; Penal Code § 11167.5).

330.10.2 REQUESTS FOR REMOVAL FROM THE CHILD ABUSE CENTRAL INDEX (CACI)
Any person whose name has been forwarded to the California Department of Justice (DOJ) for
placement in California’s CACI, as a result of an investigation, may request that his/her name
be removed from the CACI list. Requests shall not qualify for consideration if there is an active
case, ongoing investigation or pending prosecution that precipitated the entry to CACI (Penal
Code § 11169). All requests for removal shall be submitted in writing by the requesting person
and promptly routed to the CACI hearing officer.

330.10.3 CACI HEARING OFFICER

The Family Protection Unit Sergeant will normally serve as the hearing officer but must not be
actively connected with the case that resulted in the person's name being submitted to CACI. Upon
receiving a qualified request for removal, the hearing officer shall promptly schedule a hearing to
take place during normal business hours and provide written notification of the time and place of
the hearing to the requesting party.

330.10.4 CACI HEARING PROCEDURES

The hearing is an informal process where the person requesting removal from the CACI list will
be permitted to present relevant evidence (e.g., certified copy of an acquittal, factual finding of
innocence) as to why his/her name should be removed. The person requesting the hearing may
record the hearing at his/her own expense.
Formal rules of evidence will not apply and the hearing officer may consider, in addition to evidence
submitted by the person requesting the hearing, any relevant information including, but not limited
to, the following:
(a) Case reports including any supplemental reports.
(b) Statements by investigators.
(c) Statements from representatives of the District Attorney's Office.
(d) Statements by representatives of a child protective agency who may be familiar with
the case.
After considering all information presented, the hearing officer shall make a determination as to
whether the requesting party's name should be removed from the CACI list. Such determination
shall be based on a finding that the allegations in the investigation are not substantiated (Penal
Code § 11169). If, after considering the evidence, the hearing officer finds that the allegations are
not substantiated, he/she shall cause a request to be completed and forwarded to the DOJ that

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the person's name be removed from the CACI list. A copy of the hearing results and the request
for removal will be attached to the case reports.
The findings of the hearing officer shall be considered final and binding.

330.10.5 CHILD DEATH REVIEW TEAM

This department should cooperate with any interagency child death review team investigation
(Penal Code § 11174.32).

330.11 TRAINING
The Department should provide training on best practices in child abuse investigations to members
tasked with investigating these cases. The training should include:
(a) Participating in multidisciplinary investigations, as appropriate.
(b) Conducting forensic interviews.
(c) Availability of therapy services for children and families.
(d) Availability of specialized forensic medical exams.
(e) Cultural competence (including interpretive services) related to child abuse
investigations.
(f) Availability of victim advocate or guardian ad litem support.

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332.1 PURPOSE AND SCOPE
This policy provides guidance for handling missing person investigations.

332.1.1 DEFINITIONS
At risk - Includes, but is not limited to (Penal Code § 14215):
• A victim of a crime or foul play.
• A person missing and in need of medical attention.
• A missing person with no pattern of running away or disappearing.
• A missing person who may be the victim of parental abduction.
• A mentally impaired missing person, including cognitively impaired or developmentally
disabled.
Missing person - Any person who is reported missing to law enforcement when the person’s
location is unknown. This includes a child who has been taken, detained, concealed, enticed away
or kept by a parent in violation of the law (Penal Code § 277 et seq.). It also includes any child who
is missing voluntarily, involuntarily or under circumstances that do not conform to his/her ordinary
habits or behavior, and who may be in need of assistance (Penal Code § 14215).
Missing person networks - Databases or computer networks available to law enforcement and
that are suitable for information related to missing persons investigations. These include the
National Crime Information Center (NCIC), the California Law Enforcement Telecommunications
System (CLETS), Missing Person System (MPS) and the Unidentified Persons System (UPS).

332.2 POLICY
The Oxnard Police Department does not consider any report of a missing person to be routine and
assumes that the missing person is in need of immediate assistance until an investigation reveals
otherwise. The Oxnard Police Department gives missing person cases priority over property-
related cases and will not require any time frame to pass before beginning a missing person
investigation (Penal Code § 14211).

332.3 REQUIRED FORMS AND BIOLOGICAL SAMPLE COLLECTION KITS

The Family Protection Unit Sergeant should ensure the forms and kits are developed and available
in accordance with this policy, state law, federal law and the California Peace Officer Standards
and Training (POST) Missing Persons Investigations guidelines, including:
• Department report form for use in missing person cases
• Missing person investigation checklist that provides investigation guidelines and
resources that could be helpful in the early hours of a missing person investigation
(Penal Code § 13519.07)

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• Missing person school notification form

• Medical records release form from the California Department of Justice
• California DOJ missing person forms as appropriate
• Biological sample collection kits

332.4 ACCEPTANCE OF REPORTS

Any member encountering a person who wishes to report a missing person or runaway shall
render assistance without delay (Penal Code § 14211). This can be accomplished by accepting
the report via telephone or in-person and initiating the investigation. Those members who do not
take such reports or who are unable to render immediate assistance shall promptly dispatch or
alert a member who can take the report.
A report shall be accepted in all cases and regardless of where the person was last seen, where
the person resides or any other question of jurisdiction (Penal Code § 14211).

332.5 INITIAL INVESTIGATION

Officers or other employees conducting the initial investigation of a missing person should take
the following investigative actions as applicable:
(a) Respond to the dispatched call for service as soon as practicable.
(b) Interview the reporting party (RP) and any witnesses to determine whether the person
qualifies as a missing person and, if so, whether the person may be at-risk.
(c) Notify a supervisor immediately if there is evidence that a missing person is either at-
risk or may qualify for a public alert, or both (Policy Manual § 334).
(d) If the missing person is under 16 years of age, or there is evidence that the person is
at-risk, the Department shall broadcast an "Attempt to Locate" bulletin without delay,
within the jurisdiction (Penal Code § 14205).
(e) Ensure that entries are made into the appropriate missing person networks, as follows:
1. Immediately, when the missing person is at risk.
2. In all other cases, as soon as practical, but not later than two hours from the
time of the initial report.
(f) Collect and/or review the following:
1. A photograph and a fingerprint card of the missing person if available.
2. A voluntarily provided biological sample of the missing person if available (e.g.,
toothbrush, hairbrush).
3. Any documents that may assist in the investigation such as court orders
regarding custody.

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4. Any other evidence that may assist in the investigation, including personal
electronic devices (i.e. cell phones, computers).
(g) When circumstances permit and if appropriate, attempt to determine the missing
person's location through their telecommunications carrier.
(h) Contact the appropriate agency if the report relates to a previously made missing
report and another agency is actively investigating that report. When this is
not practical, the information should be documented in an appropriate report for
transmission to the appropriate agency. If the information relates to an at-risk missing
person, the officer should notify a supervisor and proceed with reasonable steps to
locate the missing person.

332.6 REPORT PROCEDURES AND ROUTING

Employees should complete all missing person reports and forms promptly and advise the
appropriate supervisor as soon as a missing person report is ready for review.

332.6.1 SUPERVISOR RESPONSIBILITIES

The responsibilities of the supervisor shall include, but are not limited to:
(a) Reviewing and approving missing person reports upon receipt.
1. The reports should be promptly sent to the Records Division.
(b) Ensuring resources are deployed as appropriate.
(c) Initiating a command post as needed.
(d) Ensuring applicable notifications and public alerts are made and documented.
(e) Ensuring that records have been entered into the appropriate missing persons
networks.
(f) Taking reasonable steps to identify and address any jurisdictional issues to ensure
cooperation among agencies.
If the case falls within the jurisdiction of another agency, the supervisor should facilitate transfer
of the case to the agency of jurisdiction.

332.6.2 RECORDS DIVISION RESPONSIBILITIES

The receiving member shall:
(a) As soon as reasonable under the circumstances, notify and forward a copy of the
report to the law enforcement agency having jurisdiction over the missing person’s
residence in cases where the missing person is a resident of another jurisdiction (Penal
Code § 14211).
(b) Notify and forward a copy of the report to the law enforcement agency in whose
jurisdiction the missing person was last seen (Penal Code § 14211).
(c) Notify and forward a copy of the report to the law enforcement agency having
jurisdiction over the missing person’s intended or possible destination, if known.

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(d) Forward a copy of the report to the Missing Persons Specialist.

(e) Coordinate with the NCIC Terminal Contractor for California to have the missing
person record in the NCIC computer networks updated with additional information
obtained from missing person investigations (34 USC § 41308).

332.7 INVESTIGATIVE SERVICES BUREAU FOLLOW-UP

In addition to completing or continuing any actions listed above, the investigator assigned to a
missing person investigation:
(a) Shall ensure that the missing person’s school is notified within 10 days if the missing
person is a juvenile.
1. The notice shall be in writing and should also include a photograph (Education
Code § 49068.6).
2. The investigator should meet with school officials regarding the notice as
appropriate to stress the importance of including the notice in the child’s student
file, along with contact information if the school receives a call requesting the
transfer of the missing child’s files to another school.
(b) Should recontact the reporting person and/or other witnesses within 30 days of the
initial report and within 30 days thereafter to determine if any additional information
has become available via the reporting party.
(c) Should consider contacting other agencies involved in the case to determine if any
additional information is available.
(d) Shall verify and update CLETS, NCIC and any other applicable missing person
networks within 30 days of the original entry into the networks and every 30 days
thereafter until the missing person is located (34 USC § 41308).
(e) Should continue to make reasonable efforts to locate the missing person and
document these efforts at least every 30 days.
(f) Shall maintain a close liaison with state and local child welfare systems and the
National Center for Missing and Exploited Children® (NCMEC) if the missing person
is under the age of 21 and shall promptly notify NCMEC when the person is missing
from a foster care family home or childcare institution (34 USC § 41308).
(g) Should make appropriate inquiry with the [Medical Examiner/JOP].
(h) Should obtain and forward medical and dental records, photos, X-rays and biological
samples pursuant to Penal Code § 14212 and Penal Code § 14250.
(i) Shall attempt to obtain the most recent photograph for persons under 18 years of
age if it has not previously been obtained and forward the photograph to California
DOJ (Penal Code § 14210) and enter the photograph into applicable missing person
networks (34 USC § 41308).
(j) Should consider making appropriate entries and searches in the National Missing and
Unidentified Persons System (NamUs).

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(k) In the case of an at-risk missing person or a person who has been missing for an
extended time, should consult with a supervisor regarding seeking federal assistance
from the FBI and the U.S. Marshals Service (28 USC § 586).

332.8 WHEN A MISSING PERSON IS FOUND

When any person reported missing is found, the locating employee shall document the location
of the missing person in the appropriate report. The completed report shall be forwarded to the
Records Division. The locating employee shall notify the relatives and/or reporting party, as
appropriate, and other involved agencies. This Missing Persons Specialist shall refer the case
for additional investigation if warranted.
The Records Supervisor shall ensure that, upon receipt of information that a missing person has
been located, the following occurs (Penal Code § 14213):
(a) Notification is made to California DOJ.
(b) Entries are made in the applicable missing person networks.
(c) Immediately notify the Attorney General's Office
(d) Notification shall be made to any other law enforcement agency that took the initial
report or participated in the investigation within 24 hours.
The Missing Persons Specialist shall notify the missing child's school.

332.9 CASE CLOSURE

The Family Protection Unit Sergeant may authorize the closure of a missing person case after
considering the following:
(a) Closure is appropriate when the missing person is confirmed returned or evidence has
matched an unidentified person or body.
(b) If the missing person is a resident of Oxnard or this department is the lead agency,
the case should be kept under active investigation for as long as the person may still
be alive. Exhaustion of leads in the investigation should not be a reason for closing
a case.
(c) If this department is not the lead agency, the case can be made inactivate if all
investigative leads have been exhausted, the lead agency has been notified and
entries are made in the applicable missing person networks as appropriate.
(d) A missing person case should not be closed or reclassified because the person would
have reached a certain age or adulthood or because the person is now the subject
of a criminal or civil warrant.

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334 Oxnard PD Policy Manual

Public Alerts
334.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for alerting the public to important information
and soliciting public aid when appropriate.

334.2 POLICY
Public alerts may be employed using the Emergency Alert System (EAS), local radio, television
and press organizations and other groups to notify the public of incidents, or enlist the aid of the
public, when the exchange of information may enhance the safety of the community. Various types
of alerts may be available based upon each situation and the alert system’s individual criteria.

334.2.1 AMBER ALERT DEFINITIONS

Abduction - Any child under the age of 18-years who has been unwillingly removed from
his/her environment without permission from the child's legal guardian or a designated legal
representative.

334.2.2 CHILD ABDUCTION CRITERIA

The following conditions must be met before activating an AMBER Alert (Government Code
8594(a)):
(a) Abduction has been determined to have occurred (witnesses or alternative
explanations eliminated).
(b) The victim is 17 years of age or younger, or has a proven mental or physical disability.
(c) Articulable reason that the victim is in imminent danger of serious injury or death.
(d) There is information available that, if provided to the public, could assist in the child's
safe recovery.

334.2.3 PROCEDURE FOR AMBER ALERT

In the event of a confirmed child abduction, the Emergency Notification and Tactical Alert Center
(ENTAC) should be notified as soon as possible at (916) 843-4199. After ENTAC has been
notified, the following procedures designed to alert the media shall be followed:
(a) The Community Affairs Manager/Public Information Officer, Watch Commander or
Family Crimes Unit Sergeant will prepare an initial press release that includes all
available information which might aid in locating the child:
1. The child's identity, age and description.
2. Photograph if available.
3. The suspect's identity, age and description, if known.
4. Pertinent vehicle description.

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5. Detail regarding location of incident, direction of travel, potential destinations,

if known.
6. Name and phone number of the authorized individual to handle media liaison.
7. A telephone number for the public to call to provide leads and information.
8. A telephone number for the lead investigator.
(b) Email or fax the press release to the local television and radio stations.
(c) The information in the press release should also be forwarded to the Sheriff's
Department Emergency Communications Bureau so that general broadcasts can be
made to local law enforcement agencies.
(d) ENTAC should provide the person making the notification with suggestions on
additional resources available; however, the individual responsible for making
notifications shall also consider the following resources as the circumstances dictate:
1. Emergency Alert System sites (EAS).
2. California Highway Patrol (CHP).
3. California Law Enforcement Telecommunication System (CLETS) message to
activate the Emergency Digital Information System (EDIS).
4. FBI local office.
5. Prompt entry of information into the California Department of Justice Missing
and Unidentified Persons System (MUPS)/National Crime Information Center
(NCIC).
6. National Center for Missing and Exploited Children, (800) 843-5678.
(e) The investigation unit supervisor investigating the abduction or other individual
responsible for making notifications shall prepare and email or fax to the previously
described locations, follow-up press releases with updates regarding the search and
investigation, or immediately upon locating the abducted child.

334.3 BLUE ALERTS - ASSAULT ON LAW ENFORCEMENT OFFICER

All of the following conditions must be met before activating a Blue Alert (Government Code §
8594.5):
(a) A law enforcement officer has been killed, suffered serious bodily injury or has been
assaulted with a deadly weapon, and the suspect has fled the scene of the offense.
(b) The investigating law enforcement agency has determined that the suspect poses an
imminent threat to the public or other law enforcement personnel.
(c) A detailed description of the suspect's vehicle or license plate is available for
broadcast.

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(d) Public dissemination of available information may help avert further harm or accelerate
apprehension of the suspect.

334.3.1 PROCEDURE FOR BLUE ALERT

In the event of an assault with a deadly weapon, serious bodily injury or death of an officer, the
following procedures designed to alert the media shall be followed.

(a) The Community Affairs Manager/Public Information Officer, orWatch Commander will
prepare an initial press release that includes all available information which might aid
in locating the suspect:
1. The license number and/or any other available description or photograph of the
vehicle.
2. Photograph, description and/or identification of the suspect.
3. The suspect's identity, age and description, if known.
4. Detail regarding location of incident, direction of travel, potential destinations,
if known.
5. Name and phone number of the authorized individual to handle media liaison.
6. A telephone number for the public to call in with leads/information.
(b) Email or fax the press release to the local television and radio stations.
(c) The information in the press release should also be forwarded to the Sheriff's
Department Emergency Communications Bureau so that general broadcasts can be
made to local law enforcement agencies.
(d) The individual responsible for making notifications shall also consider the following
resources as the circumstances dictate:
1. Emergency Alert System sites (EAS).
2. California Highway Patrol (CHP).
3. California Law Enforcement Telecommunication System (CLETS) message to
activate the Emergency Digital Information System (EDIS).
4. FBI local office.
(e) The investigation unit supervisor investigating the incident or other individual
responsible for making notifications shall prepare and fax to the previously
described locations, follow-up press releases with updates regarding the search
and investigation, or immediately upon locating the suspect and or suspect vehicle
(Government Code § 8594.5).
Employees of the Oxnard Police Department should notify their supervisor, Watch
Commander, Investigations Commander as soon as practicable upon learning of a situation where
public notification, a warning, or enlisting the help of the media or public could assist in locating a
missing person, apprehending a dangerious person, or gathering information.

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334.4 AMBER ALERTS

The AMBER Alert™ Program is a voluntary partnership between law enforcement agencies,
broadcasters, transportation agencies and the wireless industry, to activate urgent bulletins in
child abduction cases.

334.5 BLUE ALERTS

Blue Alerts may be issued when an officer is killed, injured or assaulted and the suspect may pose
a threat to the public or other law enforcement personnel.

334.6 SILVER ALERTS

Silver Alerts is an emergency notification system for people who are 65 years of age or older and
have been reported missing.

334.6.1 CRITERIA FOR SILVER ALERTS

All of the following conditions must be met before activating a Silver Alert (Government Code §
8594.10):
(a) The missing person is 65 years of age or older.
(b) The Department has utilized all available local resources.
(c) The investigating officer or supervisor has determined that the person is missing under
unexplained or suspicious circumstances.
(d) The investigating officer or supervisor believes that the person is in danger because
of age, health, mental, or physical disability, environment or weather conditions, that
the person is in the company of a potentially dangerous person, or that there are other
factors indicating that the person may be in peril.
(e) There is information available that, if disseminated to the public, could assist in the
safe recovery of the missing person.

334.6.2 PROCEDURE FOR SILVER ALERT

Requests for a Silver Alert shall be made through the California Highway Patrol.

334.7 MUTUAL AID

The experiences of other law enforcement jurisdictions that have implemented similar plans
indicate an AMBER Alert or Blue Alert will generate a high volume of telephone calls to the handling
agency.
The Sheriff's Department Emergency Communications Center facilities and staff can be made
available as call takers in the event of high call volume.
If the Watch Commander or investigative supervisor elects to use the services of the Sheriff's
Department, the following will apply:

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(a) Notify the Sheriff's Department Watch Commander of the incident and request for
assistance. He/she will provide you with a telephone number for the public to call.
(b) In the press release, direct the public to the telephone number provided by the Sheriff's
Department Watch Commander.
(c) The authorized individual will continue to handle all press releases and media
inquiries. Any press inquiries received by the Sheriff's Department will be referred back
to this department.
Oxnard Police Department shall assign a minimum of two detectives/officers to respond to
the Sheriff's Department Emergency Communications Center to screen and relay information
and clues received from incoming calls. As circumstances dictate, more staff resources from
the handling law enforcement agency may be necessary to assist the staff at the Emergency
Communications Center.

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336 Oxnard PD Policy Manual

Victim and Witness Assistance

336.1 PURPOSE AND SCOPE
The purpose of this policy is to ensure that crime victims and witnesses receive appropriate
assistance, that they are provided with information from government and private resources, and
that the agency meets all related legal mandates.

336.2 POLICY
The Oxnard Police Department is committed to providing guidance and assistance to the victims
and witnesses of crime. The members of the Oxnard Police Department will show compassion and
understanding for victims and witnesses and will make reasonable efforts to provide the support
and information identified in this policy.

336.3 CRIME VICTIM LIAISON

The Chief of Police shall appoint a member of the [Department/Office] to serve as the crime victim
liaison (2 CCR 649.36). The crime victim liaison will be the point of contact for individuals requiring
further assistance or information from the Oxnard Police Department regarding benefits from crime
victim resources. This person shall also be responsible for maintaining compliance with all legal
mandates related to crime victims and/or witnesses.

336.3.1 CRIME VICTIM LIAISON DUTIES

The crime victim liaison is specifically tasked with the following:
(a) Developing and implementing written procedures for notifying and providing forms for
filing with the California Victim Compensation Board (CalVCB) to crime victims, their
dependents, or family. Access to information or an application for victim compensation
shall not be denied based on the victim’s or derivative victim’s designation as a gang
member, associate, or affiliate, or on the person’s documentation or immigration status
(Government Code § 13962; 2 CCR 649.35; 2 CCR 649.36).
(b) Responding to inquiries concerning the procedures for filing a claim with CalVCB (2
CCR 649.36).
(c) Providing copies of crime reports requested by CalVCB or victim witness assistance
centers. Disclosure of reports must comply with the Records Maintenance and
Release Policy.
(d) Annually providing CalVCB with his/her contact information (Government Code §
13962).
(e) Developing in consultation with sexual assault experts a sexual assault victim card
explaining the rights of victims under California law (Penal Code § 680.2).
1. Ensuring that sufficient copies of the rights of sexual assault victim card are
provided to each provider of medical evidentiary examinations or physical
examinations arising out of sexual assault in the Oxnard Police Department
jurisdiction (Penal Code § 680.2).

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336.4 CRIME VICTIMS

Officers should provide all victims with the applicable victim information handouts.
Officers should never guarantee a victim’s safety from future harm but may make practical safety
suggestions to victims who express fear of future harm or retaliation. Officers should never
guarantee that a person qualifies as a victim for the purpose of compensation or restitution but
may direct him/her to the proper written department material or available victim resources.

336.4.1 VICTIMS OF HUMAN TRAFFICKING

Officers investigating or receiving a report involving a victim of human trafficking shall inform the
victim, or the victim’s parent or guardian if the victim is a minor, that upon the request of the victim
the names and images of the victim and his/her immediate family members may be withheld from
becoming a matter of public record until the conclusion of the investigation or prosecution (Penal
Code § 293).

336.5 VICTIM INFORMATION

The Family Protection Unit Sergeant shall ensure that victim information handouts are available
and current. These should include as appropriate:
(a) Shelters and other community resources for victims of domestic violence.
(b) Community resources for victims of sexual assault.
(c) Assurance that sexual assault victims will not incur out-of-pocket expenses for forensic
medical exams, and information about evidence collection, storage and preservation in
sexual assault cases (34 USC § 10449; 34 USC § 20109; Penal Code § 13823.95(a)).
(d) An explanation that victims of sexual assault who seek a medical evidentiary
examination shall not be required to participate or agree to participate in the criminal
justice system, either prior to the examination or at any other time (Penal Code §
13823.95(b)).
(e) An advisement that a person who was arrested may be released on bond or some
other form of release and that the victim should not rely upon an arrest as a guarantee
of safety.
(f) A clear explanation of relevant court orders and how they can be obtained.
(g) Information regarding available compensation for qualifying victims of crime
(Government Code § 13962).
(h) VINE® information (Victim Information and Notification Everyday), including the
telephone number and whether this free service is available to allow victims to check
on an offender’s custody status and to register for automatic notification when a person
is released from jail.
(i) Notice regarding U Visa and T Visa application processes.
(j) Resources available for victims of identity theft.
(k) A place for the officer’s name, badge number and any applicable case or incident
number.

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(l) The "Victims of Domestic Violence" card containing the names, phone numbers or
local county hotlines of local shelters for battered women and rape victim counseling
centers within the county and their 24-hour counseling service telephone numbers
(Penal Code § 264.2).
(m) The rights of sexual assault victims card with the required information as provided in
Penal Code § 680.2.
(n) Any additional information required by state law (Penal Code § 13701; Penal Code §
679.02; Penal Code § 679.04; Penal Code § 679.05; Penal Code § 679.026).

336.6 WITNESSES
Officers should never guarantee a witness’ safety from future harm or that his/her identity will
always remain confidential. Officers may make practical safety suggestions to witnesses who
express fear of future harm or retaliation.
Officers should investigate allegations of witness intimidation and take enforcement action when
lawful and reasonable.

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Hate Crimes
338.1 PURPOSE AND SCOPE
The purpose of this policy is to meet or exceed the provisions of Penal Code § 13519.6(c) and
provides members of this department with guidelines for identifying and investigating incidents
and crimes that may be motivated by hatred or other bias.

338.1.1 DEFINITIONS
Hate crimes - A criminal act committed in whole or in part, because of one or more of the following
actual or perceived characteristics of the victim (Penal Code § 422.55; Penal Code § 422.56;
Penal Code § 422.57):
(a) Disability
(b) Gender
(c) Nationality
(d) Race or ethnicity
(e) Religion
(f) Sexual orientation
(g) Association with a person or group with one or more of these actual or perceived
characteristics
(h) Examples of hate crimes include, but are not limited to:
1. Interfering with, oppressing or threatening any other person in the free exercise
or enjoyment of any right or privilege secured by the constitution or laws because
of one or more of the actual or perceived characteristics of the victim (Penal
Code § 422.6).
2. Defacing a person’s property because of one or more of the actual or perceived
characteristics of the victim (Penal Code § 422.6(b)).
3. Terrorizing a person with a swastika or burning cross (Penal Code § 11411).
4. Vandalizing a place of worship (Penal Code § 594.3).
The federal Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act expands federal
hate crimes to include crimes motivated by a victim's actual or perceived sex, sexual orientation,
gender identity or disability (18 USC § 249).
Victim - Includes, but is not limited to, a community center, educational facility, entity, family,
group, individual, office, meeting hall, person, place of worship, private institution, public agency,
library or other victim or intended victim of the offense (Penal Code § 422.56).

338.2 POLICY
The Oxnard Police Department recognizes and places a high priority on the rights of all individuals
guaranteed under the state and federal constitution and incorporated in state and federal law.

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338.3 PREVENTION AND PREPARATION

While it is recognized that not all crime can be prevented, this [department/office] is committed to
taking a proactive approach to preventing and preparing for likely hate crimes by, among other
things:
(a) Make an affirmative effort to establish contact with persons and groups within the
community who are likely targets of hate crimes and forming networks that address
prevention and response.
(b) Accessing assistance by, among other things, activating the California Department of
Justice Hate Crime Rapid Response Protocol when necessary.
(c) Providing victim assistance and community follow-up as outlined below.
(d) Educating community and civic groups about hate crime laws.
(e) Establishing a community relations liaison to work with community organizations and
leaders to coordinate public meetings, local group meetings and school assemblies
on recognizing, preparing for and preventing hate crimes.

338.4 INVESTIGATIONS
Whenever any member of this [department/office] receives a report of a suspected hate crime or
other activity that reasonably appears to involve a potential hate crime, the following should occur:
(a) Assigned officers should promptly contact the victim, witness or reporting party to
investigate the matter further as circumstances may dictate
(b) A supervisor should be notified of the circumstances as soon as practical.
(c) Once in-progress aspects of any such situation have been stabilized (e.g., treatment
of victims, apprehension of suspects at the scene), the assigned officers should take
all reasonable steps to preserve evidence that establishes a possible hate crime.
(d) Based upon available information, officers should take appropriate action to mitigate
further injury or damage to potential victims or the community.
1. Officers should contact the property owner to remove any evidence that cannot
be physically removed (i.e., painted words or signs on a wall) by the officer once
the offense is documented.
(e) The assigned officers should interview available witnesses, victims and others to
determine what circumstances, if any, indicate that the situation may involve a hate
crime.
1. No victim of or a witness to a hate crime who is not otherwise charged with
or convicted of a crime under state law may be detained for or turned over to
federal authorities exclusively for any actual or suspected immigration violation
(Penal Code § 422.93(b))
2. Statements of victims and witnesses should be audio or video recorded if
practicable (see the Portable Audio/Video Recorders Policy).
(f) Depending on the situation, the assigned officers or supervisor may request additional
assistance from detectives or other resources.

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(g) The assigned officers should include all available evidence indicating the likelihood of
a hate crime in the relevant reports. All related reports should be clearly marked as
“Hate Crimes” and, absent prior approval of a supervisor, should be completed and
submitted by the assigned officers before the end of the shift.
(h) The assigned officers will provide the victims of any suspected hate crime with a
brochure on hate crimes (Penal Code § 422.92). Such brochures will also be available
to members of the general public upon request. The assigned officers should also
make reasonable efforts to assist the victims by providing available information on
local assistance programs and organizations.
(i) The assigned officers and supervisor should take reasonable steps to ensure that any
such situation does not escalate further and should provide information to the victim
regarding legal aid (e.g., Possible Temporary Restraining Order through the District
Attorney or City Attorney Penal Code § 136.2 or Civil Code § 52.1 as indicated).

338.4.1 DETECTIVE DIVISION RESPONSIBILITY

If a hate crime case is assigned to the Violent Crimes Unit, the assigned detective will be
responsible for:
(a) Coordinating further investigation with the District Attorney and other appropriate law
enforcement agencies.
(b) Maintaining contact with the victims and other involved individuals, as needed.
(c)
(d) Make reasonable efforts to identify additional witnesses.
(e) Utilize available criminal intelligence systems as appropriate (see Criminal
Organizations Policy).
(f) Provide the supervisor and the Community Affairs Manager ([PIO]) with information
that can be responsibly reported to the media.
1. When appropriate, the [PIO] should reiterate that the hate crime will not be
tolerated and will be taken seriously.

338.4.2 SUPERVISOR RESPONSIBILITY

The supervisor should confer with the initial responding officers to identify reasonable and
appropriate preliminary actions. The supervisor should:
(a) Review related reports to verify whether the incident is appropriately classified as a
hate crime for federal and state bias crime-reporting purposes.
(b) Notify other appropriate personnel in the chain of command, depending on the nature
and seriousness of the offense and its potential inflammatory and related impact on
the community.
(c) Consider the need for further action to be taken for the protection of the victims or
vulnerable sites, such as assigning an officer at specific locations that could become
targets or increase neighborhood surveillance.

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(d) Ensure that the Crime Analysis Unit has the necessary information and statistical
data to track suspected hate crimes as indicated for required reporting to the Attorney
General (Penal Code Section 13023).
(e) Ensure that members who are responsible for the conduct and maintenance of
information on criminal groups are notified and that they make appropriate inquiries
and entries into criminal intelligence systems (see Criminal Organizations Policy).

338.5 TRAINING
All members of this department will receive POST-approved training on hate crime recognition
and investigation as provided by Penal Code § 13519.6. Training should also include recognition
of bias motivators such as ranges of attitudes and perceptions toward a specific characteristic
or group.

338.6 REPORTING REQUIREMENTS TO THE ATTORNEY GENERAL

The Hate Crimes Statistics Act of 1990 requires the Attorney General to establish guidelines and
collect, as part of the Uniform Crime Reporting (UCR) Program, data about crimes that manifest
evidence of prejudice based on race, religion, sexual orientation, or ethnicity. In September 1994,
the Violent Crime Control and Law Enforcement Act amended Hate Crime Statistics to add
disabilities, both physical and mental, as factors that should be considered a basis for hate crimes.

(a) It shall be the responsibility of the employee taking a crime report that manifests
evidence of prejudice base on race, religion, sexual orientation, ethnicity, or
disability (physical or mental) for a reportable offense of murder, rape, robbery,
aggravated assault, burglary, larceny (theft), motor vehicle theft, arson, simple assault,
intimidation, or destruction/damage/vandalism to also complete a Hate Crime Event
Report form (BCIA 8373) in accordance with the instructions contained therein.
(b) The Hate Crime Event Report form (BCIA 8373) shall be processed with all related
reports and forwarded to the Crime Analysis Unit.
(c) By the tenth day of each month, it shall be the responsibility of the Investigative
Services Bureau Commander or designee to ensure that the Monthly Hate Crime
Event Report form(s)(BCIA 8373) is submitted to the Department of Justice Criminal
Justice Statistics Center.
(d) In the event that no Hate Crime Report forms were completed during the previous
month, a Monthly Hate Crime Report (BCIA 7) will be submitted to the Department of
Justice with an indication that no such crimes were reported.

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Standards of Conduct
340.1 PURPOSE AND SCOPE
This policy establishes standards of conduct that are consistent with the values and mission
of the Oxnard Police Department and are expected of all department members. The standards
contained in this policy are not intended to be an exhaustive list of requirements and prohibitions
but they do identify many of the important matters concerning conduct. In addition to the provisions
of this policy, members are subject to all other provisions contained in this manual, as well as
any additional guidance on conduct that may be disseminated by this department or a member’s
supervisors.

340.2 POLICY
The continued employment or appointment of every member of the Oxnard Police Department
shall be based on conduct that reasonably conforms to the guidelines set forth herein. Failure to
meet the guidelines set forth in this policy, whether on- or off-duty, may be cause for disciplinary
action.

340.3 CONDUCT WHICH MAY RESULT IN DISCIPLINE

The following list of causes for disciplinary action constitutes a portion of the conduct standards of
this department. This list is not intended to cover every possible type of misconduct, and does not
preclude the recommendation of disciplinary action for specific action or inaction that is detrimental
to efficient department service:

340.3.1 ATTENDANCE
(a) Leaving the job during on-duty hours without reasonable excuse and proper
permission and approval.
(b) Unexcused or unauthorized absence or tardiness on scheduled day(s) of work.
(c) Failure to report to work or to place of assignment at the time specified and fully
prepared to perform duties without a reasonable excuse.
(d) Failure to notify the Department within 24 hours of any change in residence address,
primary phone number, or marital status.

340.3.2 CONDUCT
(a) Unauthorized or unlawful fighting, threatening, or attempting to inflict unlawful bodily
injury on another.
(b) Initiating any civil action for recovery of any damages or injuries incurred in the course
and scope of employment without first notifying the Chief of Police of such action.

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(c) Using department resources in association with any portion of an independent civil
action. These resources include, but are not limited to, personnel, vehicles, equipment,
and non-subpoenaed records.
(d) Engaging in horseplay resulting in injury or property damage, or the reasonable
possibility thereof.
(e) Unauthorized possession of, loss of, or damage to department property or the property
of others, or endangering it through unreasonable carelessness or maliciousness.
(f) Failure of any employee to promptly and fully report activities on his/her own part or
the part of any other employee where such activities may result in criminal prosecution
or discipline under this policy.
(g) Failure of any employee to promptly and fully report activities that have resulted in
official contact by any other law enforcement agency.
(h) Using or disclosing one's status as an employee with the Department in any way that
could reasonably be perceived as an attempt to gain influence or authority for non-
department business or activity.
(i) The use of any information, photograph, video or other recording obtained or accessed
as a result of employment with the Department for personal or financial gain, or without
the express authorization of the Chief of Police or a designee.
(j) Seeking restraining orders against individuals encountered in the line of duty without
the express permission of the Chief of Police.
(k) Discourteous, disrespectful, or discriminatory treatment of any member of the public
or any member of this department.
(l) Unwelcome solicitation of a personal or sexual relationship while on-duty or through
the use of one's official capacity.
(m) Engaging in on-duty sexual relations including, but not limited to, sexual intercourse,
excessive displays of public affection, or other sexual contact.

340.3.3 DISCRIMINATION
(a) Discriminate against any person because of age, race, color, creed, religion, sex,
sexual orientation, national origin, ancestry, marital status, physical or mental
disability, or medical condition.

340.3.4 INTOXICANTS
(a) Reporting for work or being at work following the use of intoxicants where such use
may impair the employee's ability to perform assigned duties, or where there is an
immediate suspicion of ineffectiveness during public contact resulting from the use of
intoxicants.

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(b) Unauthorized possession or use of, or attempting to bring intoxicants to the work site,
except as authorized in the performance of an official assignment. An employee who
is authorized to consume intoxicants is not permitted to do so to such a degree that
it may impair on-duty performance.
(c) Reporting for work or being at work following the use of a "controlled substance" or
any drug (whether legally prescribed or otherwise) where such use may impair the
employee's ability to perform assigned duties.
(d) Unauthorized possession, use of, or attempting to bring a controlled substance or
other illegal drug to any work site.

340.3.5 PERFORMANCE
(a) Unauthorized sleeping during on-duty time or assignments.
(b) Careless workmanship.
(c) Unsatisfactory work performance including, but not limited to, failure, incompetence,
inefficiency, or delay in performing and/or carrying out proper orders, work
assignments, or instructions of supervisors without a reasonable and bona fide
excuse.
(d) Concealing, attempting to conceal, removing, or destroying defective or incompetent
work.
(e) Disobedience or insubordination to constituted authorities, including refusal or
deliberate failure to carry out or follow lawful directives and orders from any supervisor
or person in a position of authority.
(f) The wrongful or unlawful exercise of authority on the part of any employee for malicious
purpose, personal gain, willful deceit, or any other improper purpose.
(g) Disparaging remarks or conduct concerning duly constituted authority to the extent
that such conduct disrupts the efficiency of the Department, or subverts the good
order, efficiency, and discipline of the Department, or which would tend to discredit
any member thereof.
(h) Knowingly making false, misleading, or malicious statements that are reasonably
calculated to harm or destroy the reputation, authority, or official standing of the
Department or members thereof.
(i) The falsification of any work-related records, the making of misleading entries or
statements with the intent to deceive, or the willful and unauthorized destruction and/
or mutilation of any department record, book, paper, or document.
(j) Wrongfully loaning, selling, giving away, or appropriating any department property for
the personal use of the employee or any unauthorized person.

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(k) The unauthorized use of any badge, uniform, identification card, or other department
equipment or property for personal gain or any other improper purpose.
(l) The receipt or acceptance of a reward, fee, or gift from any person for service incident
to the performance of the employee's duties (lawful subpoena fees and authorized
work permits excepted).
(m) Any knowing or negligent violation of the provisions of the Department policy manual,
operating procedures, or other written directive of an authorized supervisor. The
Department shall make this manual available to all employees. Employees shall be
familiar with this manual and be responsible for compliance with each of the policies
contained herein.
(n) Work-related dishonesty, including attempted or actual theft of department property,
services, or the property of others, or the unauthorized removal or possession of
department property or the property of another person.
(o) Criminal, dishonest, infamous, or disgraceful conduct adversely affecting the
employee/employer relationship, whether on or off-duty.
(p) Failure to disclose or misrepresenting material facts, or the making of any false or
misleading statement on any application, examination form, or other official document,
report, or form, or during the course of any work-related investigation.
(q) Failure to take reasonable action while on-duty and when required by law, statute,
resolution, or approved department practices or procedures.
(r) Associating with or joining a criminal gang or organized crime and/or criminal syndicate
when the Department employee knew or reasonably should have known of the criminal
nature of the organization. This includes any organization involved in a definable
criminal activity or enterprise, except as specifically directed and authorized by the
Department.
(s) Offer or acceptance of a bribe or gratuity.
(t) Misappropriation or misuse of public funds.
(u) Exceeding lawful peace officer powers by unreasonable, unlawful, or excessive
conduct.
(v) Unlawful gambling or unlawful betting on department premises or at any work site.
(w) Substantiated, active, continuing association on a personal rather than official basis
with a person or persons who engage in or are continuing to engage in serious
violations of state or federal laws, where the employee has or reasonably should
have knowledge of such criminal activities, except where specifically directed and
authorized by the Department.

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(x) Solicitations, speeches, or distribution of campaign literature for or against any political
candidate or position while on-duty, on department property, or while in any way
representing him/her as a member of this agency, except as expressly authorized by
the Chief of Police.
(y) Engaging in political activities during assigned working hours except as expressly
authorized by the Chief of Police.
(z) Violating any misdemeanor or felony statute.
(aa) Any other on-duty or off-duty conduct which any employee knows or reasonably should
know is unbecoming a member of the Department, or which is contrary to good order,
efficiency, or morale, or which tends to reflect unfavorably upon the Department or
its members.
(ab) Any failure or refusal of an employee to properly perform the function and duties of
an assigned position.
(ac) Failure to maintain required and current licenses (e.g. driver's license) and
certifications (e.g., first aid).
(ad) Giving false or misleading statements, or misrepresenting or omitting material
information to a supervisor, or other person in a position of authority, in connection
with any investigation, or in the reporting of any department-related business.
Engaging in conflicting or prohibited relationships is contained in Policy Manual § 1050.

340.3.6 SAFETY
(a) Failure to observe posted rules, signs, and written or oral safety instructions while
on-duty and/or within department facilities, or to use required protective clothing or
equipment.
(b) Knowingly failing to report any on-the-job or work-related accident or injury within 24
hours.
(c) Substantiated employee record of unsafe or improper driving habits or actions in the
course of employment.
(d) Failure to maintain good physical condition sufficient to adequately and safely perform
law enforcement duties.
(e) Any personal action contributing to involvement in a preventable traffic collision, or
other unsafe or improper driving habits or actions in the course of employment.
(f) Violating departmental safety standards or safe working practices.

340.3.7 SECURITY
(a) Unauthorized, intentional release of designated confidential information, materials,
data, forms, or reports.

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340.3.8 SUPERVISION RESPONSIBILITY

(a) Failure of a supervisor to take appropriate action to ensure that employees adhere to
the policies and procedures of this department and the actions of all personnel comply
with all laws.
(b) Failure of a supervisor to timely report known misconduct of an employee to his/her
immediate supervisor, or to document such misconduct appropriately or as required
by policy.
(c) The unequal or disparate exercise of authority on the part of a supervisor toward any
employee for malicious or other improper purpose.

340.4 INVESTIGATION OF EMPLOYEE MISCONDUCT

Regardless of the source of an allegation of misconduct, all such matters will be investigated in
accordance with Policy Manual § 1020. Pursuant to Government Code § 3304(d) and § 3508.1,
the investigation should be completed within one year of the discovery of the allegation unless
such investigation falls within one of the exceptions delineated within those provisions.

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Information Technology Use

342.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the proper use of department information
technology resources, including computers, electronic devices, hardware, software and systems.

342.1.1 DEFINITIONS
Definitions related to this policy include:
Computer system - All computers (on-site and portable), electronic devices, hardware, software,
and resources owned, leased, rented or licensed by the Oxnard Police Department that are
provided for official use by its members. This includes all access to, and use of, Internet Service
Providers (ISP) or other service providers provided by or through the Department or department
funding.
Hardware - Includes, but is not limited to, computers, computer terminals, network equipment,
electronic devices, telephones, including cellular and satellite, pagers, modems or any other
tangible computer device generally understood to comprise hardware.
Software - Includes, but is not limited to, all computer programs, systems and applications,
including shareware. This does not include files created by the individual user.
Temporary file, permanent file or file - Any electronic document, information or data residing
or located, in whole or in part, on the system including, but not limited to, spreadsheets, calendar
entries, appointments, tasks, notes, letters, reports, messages, photographs or videos.

342.2 POLICY
It is the policy of the Oxnard Police Department that members shall use information technology
resources, including computers, software and systems, that are issued or maintained by the
Department in a professional manner and in accordance with this policy.

342.3 PRIVACY EXPECTATION

Members forfeit any expectation of privacy with regard to emails, texts or anything published,
shared, transmitted or maintained through file-sharing software or any Internet site that is
accessed, transmitted, received or reviewed on any department computer system.
The Department reserves the right to access, audit and disclose, for whatever reason, any
message, including attachments, and any information accessed, transmitted, received or reviewed
over any technology that is issued or maintained by the Department, including the department
email system, computer network and/or any information placed into storage on any department
system or device. This includes records of all keystrokes or Web-browsing history made at any
department computer or over any department network. The fact that access to a database, service
or website requires a username or password will not create an expectation of privacy if it is
accessed through department computers, electronic devices or networks.

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However, the Department may not require a member to disclose a personal username or password
or open a personal social website, except when access is reasonably believed to be relevant to
the investigation of allegations of work-related misconduct (Labor Code § 980).

342.4 RESTRICTED USE

Members shall not access computers, devices, software or systems for which they have
not received prior authorization or the required training. Members shall immediately report
unauthorized access or use of computers, devices, software or systems by another member to
their supervisors or Watch Commanders.
Members shall not use another person’s access passwords, logon information and other individual
security data, protocols and procedures unless directed to do so by a supervisor.

342.4.1 SOFTWARE
Members shall not copy or duplicate any copyrighted or licensed software except for a single copy
for backup purposes in accordance with the software company’s copyright and license agreement.
To reduce the risk of a computer virus or malicious software, members shall not install any
unlicensed or unauthorized software on any department computer. Members shall not install
personal copies of any software onto any department computer.
When related to criminal investigations, software program files may be downloaded only with the
approval of the information systems technology (IT) staff and with the authorization of the Chief
of Police or the authorized designee.
No member shall knowingly make, acquire or use unauthorized copies of computer software that
is not licensed to the Department while on department premises, computer systems or electronic
devices. Such unauthorized use of software exposes the Department and involved members to
severe civil and criminal penalties.
Introduction of software by members should only occur as part of the automated maintenance
or update process of department- or City-approved or installed programs by the original
manufacturer, producer or developer of the software.
Any other introduction of software requires prior authorization from IT staff and a full scan for
malicious attachments.

342.4.2 HARDWARE
Access to technology resources provided by or through the Department shall be strictly limited to
department-related activities. Data stored on or available through department computer systems
shall only be accessed by authorized members who are engaged in an active investigation
or assisting in an active investigation, or who otherwise have a legitimate law enforcement or
department-related purpose to access such data. Any exceptions to this policy must be approved
by a supervisor.

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342.4.3 INTERNET USE

Internet access provided by or through the Department shall be strictly limited to department-
related activities. Internet sites containing information that is not appropriate or applicable to
department use and which shall not be intentionally accessed include, but are not limited to,
adult forums, pornography, gambling, chat rooms and similar or related Internet sites. Certain
exceptions may be permitted with the express approval of a supervisor as a function of a member’s
assignment.
Downloaded information shall be limited to messages, mail and data files.

342.4.4 OFF-DUTY USE

Members shall only use technology resources provided by the Department while on-duty or in
conjunction with specific on-call assignments unless specifically authorized by a supervisor. This
includes the use of telephones, cell phones, texting, email or any other "off the clock" work-related
activities. This also applies to personally owned devices that are used to access department
resources.
Refer to the Personal Communication Devices Policy for guidelines regarding off-duty use of
personally owned technology.

342.5 PROTECTION OF AGENCY SYSTEMS AND FILES

All members have a duty to protect the computer system and related systems and devices from
physical and environmental damage and are responsible for the correct use, operation, care and
maintenance of the computer system.
Members shall ensure department computers and access terminals are not viewable by persons
who are not authorized users. Computers and terminals should be secured, users logged
off and password protections enabled whenever the user is not present. Access passwords,
logon information and other individual security data, protocols and procedures are confidential
information and are not to be shared. Password length, format, structure and content shall meet
the prescribed standards required by the computer system or as directed by a supervisor and
shall be changed at intervals as directed by IT staff or a supervisor.
It is prohibited for a member to allow an unauthorized user to access the computer system at any
time or for any reason. Members shall promptly report any unauthorized access to the computer
system or suspected intrusion from outside sources (including the Internet) to a supervisor.

342.6 INSPECTION OR REVIEW

A supervisor or the authorized designee has the express authority to inspect or review the
computer system, all temporary or permanent files, related electronic systems or devices, and any
contents thereof, whether such inspection or review is in the ordinary course of his/her supervisory
duties or based on cause.
Reasons for inspection or review may include, but are not limited to, computer system
malfunctions, problems or general computer system failure, a lawsuit against the Department

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involving one of its members or a member’s duties, an alleged or suspected violation of any
department policy, a request for disclosure of data, or a need to perform or provide a service.
The IT staff may extract, download or otherwise obtain any and all temporary or permanent files
residing or located in or on the department computer system when requested by a supervisor or
during the course of regular duties that require such information.

342.6.1 PERSONAL USE OF THE INTERNET

De minimis personal use of the Internet (so minor it may be disregarded) during working or non-
working hours, including the use of email, World Wide Web access and the use of personal
computing devices, networks and printers to support such access, is authorized, provided it does
not interfere with official duties, pose a security risk, create the impression that the individual's
personal views or activities represent the official position of the Department or its operating units
or consume excessive resources.
Excessive resource use is ultimately a matter for supervisory judgment, but generally excessive
resource use includes such activities as: burdening an email box with personal and/or non-
business-related content, creating or transmitting personal mass mailings or chain letters,
downloading or sending large personal files via email or downloading large non-work-related
audio or video streams. Also, any level of personal use that poses a distraction from official work
responsibilities or interferes with an individual's work efficiency is excessive.

342.7 LINX DATABASE USAGE

LInX is an information sharing system designed and provided by the Naval Criminal Investigative
Service that links the record management systems of participating agencies. LInX allows users to
search its collection of contributed data through the use of several search and analysis tools.
Access to LInX may be granted to sworn or civilian law enforcement employees who have
successfully completed an agency background investigation. The Oxnard Police Department will
authorize its employees to access LInX based on need demonstrated by the employee's function
and/or assignment. Access to LInX is subject to the approval of an Assistant Police Chief or his/
her designee.
It is imperative that each user of LInX acknowledge his/her receipt of this information and accept
responsibility to include training to prevent misuse and potential consequences which could be
imposed for misuse. All Oxnard Police Department users who are granted access are required to
complete LInX training and abide by the signed user access agreement. Signed hard copies of
these agreements shall be maintained on file by the Personnel and Training Sergeant. Employees
accessing the LInX database may only do so for official law enforcement investigative purposes.
All LInX searches by Oxnard Police Department personnel shall have a CAD event number or
a DR number listed in the justification. On rare occasions, a report or event number may not be
applicable to the search. In such cases, a specific justification for the search shall be stated.
Any documents that are printed or electronically saved from LInX are to be used for law
enforcement purposes only and are subject to the following rules of use:

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(a) The accuracy of information must be confirmed with the originating agency before any
legal action may be undertaken (such as making an arrest or preparing an arrest or
search warrant affidavit).
(b) LInX documents may not be copied or sent outside of the Oxnard Police Department
or incorporated into any official case file.
(c) LInX documents must be properly destroyed (hard copies shredded and electronic
copies permanently deleted) within 72 hours of being obtained, or when the documents
are no longer of value to the investigation, whichever comes first.
All Oxnard Police Department LInX users must use his/her own user login/I.D. and passwords to
gain access to the system. Employees are strictly prohibited from loaning his/her login information
to other persons, or using another person's LInX account. Regular audits of LInX usage activity
shall be conducted annually at a minimum by the Professional Standards Division.

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344 Oxnard PD Policy Manual

Report Preparation
344.1 PURPOSE AND SCOPE
Report preparation is a major part of each officer's job. The purpose of reports is to document
sufficient information to refresh the officer’s memory and to provide sufficient information for follow-
up investigation and successful prosecution. Report writing is the subject of substantial formalized
training and on-the-job training.

344.1.1 REPORT PREPARATION

Employees should ensure that reports are sufficiently detailed for their purpose and free from
errors prior to submission. It is the responsibility of the assigned employee to complete and submit
all reports taken during the shift before going off-duty unless permission to hold the report has
been approved by a supervisor. Generally, reports requiring prompt follow-up action on active
leads, or arrest reports where the suspect remains in custody should not be held.
Handwritten reports must be prepared legibly. If the report is not legible, the submitting employee
will be required by the reviewing supervisor to promptly make corrections and resubmit the report.
Employees who dictate reports shall use appropriate grammar, as content is not the responsibility
of the typist. Employees who generate reports on computers are subject to all requirements of
this policy.
All reports shall accurately reflect the identity of the persons involved, all pertinent information
seen, heard or assimilated by any other sense, and any actions taken. Employees shall not
suppress, conceal or distort the facts of any reported incident, nor shall any employee make a false
report orally or in writing. Generally, the reporting employee’s opinions should not be included in
reports unless specifically identified as such.

344.1.2 REPORT PRIORITY LEVELS

Officers take reports under a variety of situations and circumstances. The timeliness of when the
report is fully completed and merged into the records management system will depend on the
circumstances of the case involved. Officers should use the following guidelines when prioritizing
his/her reports:
(a) Priority Level 1 - In custodies, homicides, and 5150 W&I.
(b) Priority Level 2 - Non-arrest reports with investigatory leads.
(c) Priority Level 3 - Cite book arrests.
(d) Priority Level 4 -All other reports.

344.1.3 COMPLETION OF REPORTS

On occasion, department employees will have late or complex police reports that may require
completion the following day. All reports shall be completed within twenty-four (24) hours of the
initial information gathering. For example, if an employee takes report information on a burglary
call at 2000 hours on a Friday, he/she shall complete the report by 2000 hours on Saturday.

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This section shall not apply to Priority Level 1 reports, which shall be completed prior to the
completion of the employee's shift.

This section does not apply to those reports associated with investigator case supplemental
reports involving the development of an active case. However, all investigators shall ensure that
reports are completed in a prompt manner, and that any "in custody" reports are completed in
time for the processing of the related court packet.

344.1.4 MEXICAN CONSULAR IDENTIFICATION CARD REPORTING

When a person reports a lost or stolen Matricula Consular card to the Mexican Consulate, the
Consulate will provide them with a form to be brought to the Department. Department personnel
will time stamp this document under the paragraph that reads, "This document was presented to
the Oxnard Police Department on the below listed date. No investigation was conducted by the
Police Department as to the identity of the presenter or the circumstances of any reported loss.
Therefore, the below time stamp should not in any way be construed as validation of either", and
return it to the individual. There will be no report generated, nor a CAD entry made.
Matricula Consular cards that are taken in another crime will continue to be documented under
current reporting guidelines consistent with that crime.

344.2 REQUIRED REPORTING

Written reports are required in all of the following situations on the appropriate department
approved form unless otherwise approved by a supervisor.

344.2.1 CRIMINAL ACTIVITY

When a member responds to a call for service, or as a result of self-initiated activity becomes
aware of any activity where a crime has occurred, the member shall document the incident
regardless of whether a victim desires prosecution. Activity to be documented in a written report
includes:
(a) All arrests
(b) All felony crimes
(c) Non-Felony incidents involving threats or stalking behavior
(d) Situations covered by separate policy. These include:
1. Use of Force Policy
2. Domestic Violence Policy
3. Child Abuse Policy
4. Adult Abuse Policy
5. Hate Crimes Policy
6. Suspicious Activity Reporting Policy

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(e) All misdemeanor crimes where the victim desires a report

Misdemeanor crimes where the victim does not desire a report shall be documented using the
department-approved alternative reporting method (e.g., dispatch log).

344.2.2 NON-CRIMINAL ACTIVITY

The following incidents shall be documented using the appropriate approved report:
(a) Any use of force against any person by a member of this department (see the Use
of Force Policy)
(b) Any firearm discharge (see the Firearms Policy)
(c) Anytime a person is reported missing, regardless of jurisdiction (see the Missing
Persons Policy)
(d) Any found property or found evidence
(e) Any traffic collisions above the minimum reporting level (see Traffic Collision Reporting
Policy)
(f) Suspicious incidents that may indicate a potential for crimes against children or that
a child’s safety is in jeopardy
(g) All protective custody detentions
(h) Suspicious incidents that may place the public or others at risk
(i) Whenever the employee believes the circumstances should be documented or at the
direction of a supervisor

344.2.3 DEATH CASES

Death investigations require specific investigation methods depending on circumstances and
should be handled in accordance with the Death Investigations Policy. The handling officer should
notify and apprise a supervisor of the circumstances surrounding the incident to determine how
to proceed. The following cases shall be appropriately investigated and documented using the
approved report:
(a) Sudden or accidental deaths.
(b) Suicides.
(c) Homicide or suspected homicide.
(d) Unattended deaths (No physician or qualified hospice care in the 20 days preceding
death).
(e) Found dead bodies or body parts.

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344.2.4 INJURY OR DAMAGE BY CITY PERSONNEL

Reports shall be taken if an injury occurs that is a result of an act of a City employee. Additionally,
reports shall be taken involving damage to City property or City equipment.

344.2.5 MISCELLANEOUS INJURIES

Any injury that is reported to this department shall require a report when:
(a) The injury is a result of drug overdose
(b) Attempted suicide
(c) The injury is major/serious, whereas death could result
(d) The circumstances surrounding the incident are suspicious in nature and it is desirable
to record the event
The above reporting requirements are not intended to be all-inclusive. A supervisor may direct an
employee to document any incident he/she deems necessary.

344.2.6 MANDATORY REPORTING OF JUVENILE GUNSHOT INJURIES

A report shall be taken when any incident in which a child 18 years or younger suffered an
unintentional or self-inflicted gunshot wound. The Records Division shall notify the California
Department of Public Health (CDPH) of the incident, on a form provided by the state. Forms may
be obtained from the CDPH website (Penal Code § 23685).

344.2.7 ALTERNATE REPORTING FOR VICTIMS

Reports that may be submitted by the public via online or other self-completed reporting processes
include:
(a) Lost property.
(b) Misdemeanor thefts of property, other than firearms or materials that threaten public
safety, when there is no suspect information, serial number or ability to trace the item.
1. Misdemeanor thefts of cellular telephones may be reported even though they
have a serial number.
(c) Misdemeanor vandalism with no suspect information and no hate crime implications.
(d) Vehicle burglaries with no suspect information or evidence.
(e) Stolen vehicle attempts with no suspect information or evidence.
(f) Annoying telephone calls with no suspect information.
(g) Identity theft without an identifiable suspect.
(h) Online or email fraud solicitations without an identifiable suspect and if the financial
loss classifies the crime as a misdemeanor.
(i) Hit-and-run vehicle collisions with no suspect or suspect vehicle.
(j) Supplemental property lists.

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Members at the scene of one of the above incidents should not refer the reporting party to an
alternate means of reporting without authorization from a supervisor. Members may refer victims
to online victim assistance programs (e.g., Federal Trade Commission (FTC) website for identity
theft, Internet Crime Complaint Center (IC3) website for computer crimes).

344.3 GENERAL POLICY OF EXPEDITIOUS REPORTING

In general, all officers and supervisors shall act with promptness and efficiency in the preparation
and processing of all reports. An incomplete report, unorganized reports or reports delayed without
supervisory approval are not acceptable. Reports shall be processed according to established
priorities or according to special priority necessary under exceptional circumstances.

344.3.1 GENERAL POLICY OF HANDWRITTEN REPORTS

Some incidents and report forms lend themselves to block print rather than typing. In general,
the narrative portion of those reports where an arrest is made or when there is a long narrative
should be typed or dictated.
Supervisors may require, with the foregoing general policy in mind, block printing or typing of
reports of any nature for departmental consistency.

344.3.2 GENERAL USE OF OTHER HANDWRITTEN FORMS

County, state and federal agency forms may be block printed as appropriate. In general, the form
itself may make the requirement for typing apparent.

344.4 REPORT CORRECTIONS

If supervisors review reports for content and accuracy and notice a correction is necessary, the
reviewing supervisor should notify the originating officer and discuss the proposed changes. It
shall be the responsibility of the originating officer to ensure that any report returned for correction
is processed in a timely manner.

344.5 REPORT CHANGES OR ALTERATIONS

Reports that have been approved by a supervisor and submitted to the Records Unit for scanning
and distribution shall not be modified or altered except by way of a supplemental report. Reviewed
reports that have not yet been submitted to the Records Unit may be corrected or modified by the
authoring officer only with the knowledge and authorization of the reviewing supervisor.

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345 Oxnard PD Policy Manual

Online Reporting
345.1 PURPOSE AND SCOPE
It is the policy of the Oxnard Police Department to provide online reporting services to the
community. This policy establishes guidelines and procedures to determine when the online
reporting system will be used and to outline the procedure for review of online reports.

345.2 PROCEDURE AND GENERAL GUIDELINES

The Oxnard Police Department will respond to in-progress incidents and all crimes with evidence
or information, which may lead to the identity and apprehension of a suspect, or if the incident just
occurred and there is a likelihood the suspect may still be in the area. Officers who are contacted
by a member of the public who wishes to file a report shall refrain from referring the person to
the online reporting system.
The following crimes and reports may be referred to the online reporting system:
(a) All petty/grand thefts without suspect information when the property value is under
$5,000, excluding firearms and materials threatening to public safety, i.e., explosives
or highly toxic substances.
(b) Vandalism without suspect information, which is not a hate crime.
(c) Annoying telephone calls without suspect information.
(d) Lost property reports.
(e) Hit and run collisions without a valid suspect license plate or current location of suspect
vehicle.
(f) Identity theft.
(g) Child custody reports as long as there are no threats or violence involved in the
exchange from one custodial parent to another.
(h) Cases involving serialized property where the serial number is known. For the
purposes of this section, credit cards and miscellaneous identification such as medical
cards, driver licenses, etc., will not be considered "serialized property."

345.3 DISPATCH PERSONNEL RESPONSIBILITIES

When communications personnel receive a call from a citizen wishing to report an incident, the
dispatcher will determine if the call falls within the scope of an online report. If so, the dispatcher
shall:
(a) Determine if the citizen has internet access.
(b) Inform the caller this qualifies as an online report, which allows them to file the report
immediately, and print a copy of the report free of charge.

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(c) Advise the caller of the Department's website address; which will guide them through
the steps of filing a report.
If the dispatcher determines the call is not suitable for online reporting based on the listed criteria,
they will prioritize the call and send the appropriate officer, CSO, or other employee to take a
report. The dispatcher will make a notation in the CAD detail such as "no internet access" or "loss
is hazardous material."

345.4 REVIEW OF REPORTS SUBMITTED THROUGH THE ONLINE REPORTING

(a) Patrol CSO's will review the reports in the online reporting system queue on a daily
basis. Once approved, reviewed reports will be processed according to established
procedures.
(b) If the online report is misclassified, such as vandalism, instead of an auto burglary,
the reviewer will classify the report according to the elements of the offense described
by the citizen author.
(c) The reviewer will refrain from making grammatical corrections to online reports, unless
they are minor in nature, such as, "California" spelled as "Calefournia," etc.
(d) If there is a question as to the content, the reviewer should attempt to contact the
reporting citizen by telephone prior to rejecting the report and make the correction to
the online report.
(e) If the CSO rejects a report, the reason for rejection will be appropriately and
professionally noted in the rejection box, which is sent via email to the citizen and a
duplicate to a department storage mailbox.
(f) The reviewer shall reject a report when, in the reasonable judgment of the CSO,
circumstances indicate an investigation is warranted. In this circumstance, the CSO
will state in the rejection box that the report does not qualify for online reporting, and
a patrol response is required.
(g) Identity theft reports will normally be reviewed by detectives assigned to investigate
such cases.
(h) Hit and Run reports will normally be reviewed by the senior officer assigned to the
traffic investigations.
(i) The Records Manager or designee will conduct periodic audits to ensure reports are
entered into the Records Management System (RMS) in a timely manner.

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 Policy Oxnard Police Department
346 Oxnard PD Policy Manual

Media Relations
346.1 PURPOSE AND SCOPE
This policy provides guidelines for media releases and media access to scenes of disasters,
criminal investigations, emergencies and other law enforcement activities.

346.2 RESPONSIBILITIES
The ultimate authority and responsibility for the release of information to the media shall remain
with the Chief of Police, however, in situations not warranting immediate notice to the Chief
of Police and in situations where the Chief of Police has given prior approval, Bureau Chiefs,
Watch Commanders and designated Community Affairs Manager(s) may prepare and release
information to the media in accordance with this policy and the applicable law.

346.2.1 MEDIA REQUEST

Any media request for information or access to a law enforcement situation shall be referred to the
designated department media representative, or if unavailable, to the first available supervisor.
Prior to releasing any information to the media, employees shall consider the following:
(a) At no time shall any employee of this department make any comment or release
any official information to the media without prior approval from a supervisor or the
designated department media representative.
(b) In situations involving multiple law enforcement agencies, every reasonable effort
should be made to coordinate media releases with the authorized representative of
each involved agency prior to the release of any information by this department.
(c) Under no circumstance should any member of this department make any comments
to the media regarding any law enforcement incident not involving this department
without prior approval of the Chief of Police.

346.3 MEDIA ACCESS

Authorized members of the media shall be provided access to scenes of disasters, criminal
investigations, emergencies and other law enforcement activities subject to the following
conditions (Penal Code § 409.5(d)):
(a) The media representative shall produce valid press credentials that shall be
prominently displayed at all times while in areas otherwise closed to the public.
(b) Media representatives may be prevented from interfering with emergency operations
and criminal investigations.
1. Reasonable effort should be made to provide a safe staging area for the
media that is near the incident and that will not interfere with emergency or
criminal investigation operations. All information released to the media should

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be coordinated through the department Community Affairs Manager or other

designated spokesperson.
2. Whenever the presence of media or other aircraft pose a threat to public or officer
safety or significantly hampers incident operations, the field supervisor should
consider requesting a Temporary Flight Restriction (TFR). All requests for a
TFR should be routed through the Watch Commander. The TFR request should
include specific information regarding the perimeter and altitude necessary for
the incident and should be requested through the appropriate control tower. If
the control tower is not known, the Federal Aviation Administration should be
contacted (14 CFR 91.137).
(c) No member of this department who is under investigation shall be subjected to media
visits or interviews without the consent of the involved employee (Government Code
§ 3303(e)).
(d) Media interviews with individuals who are in custody should not be permitted without
the approval of the Chief of Police and the express consent of the person in custody.
A tactical operation should be handled in the same manner as a crime scene, except the news
media shall be permitted within the outer perimeter of the scene, subject to any restrictions as
determined by the supervisor in charge. Department members shall not jeopardize a tactical
operation in order to accommodate the news media. All comments to the media shall be
coordinated through a supervisor or the Community Affairs Manager.

346.3.1 PROVIDING ADVANCE INFORMATION

To protect the safety and rights of officers and other persons, advance information about planned
actions by law enforcement personnel, such as movement of persons in custody or the execution
of an arrest or search warrant, should not be disclosed to the news media, nor should media
representatives be invited to be present at such actions except with the prior approval of the Chief
of Police.
Any exceptions to the above should only be considered for the furtherance of legitimate law
enforcement purposes. Prior to approving any exception the Chief of Police will consider, at
minimum, whether the release of information or presence of the media would unreasonably
endanger any individual, prejudice the rights of any person or is otherwise prohibited by law.

346.4 SCOPE OF INFORMATION SUBJECT TO RELEASE

The Department will maintain a daily information log of significant law enforcement activities that
shall be made available, upon request, to media representatives through the Watch Commander.
This log will generally contain the following information:
(a) The date, time, location, case number, type of crime, extent of injury or loss, and
names of individuals (except confidential informants) involved in crimes occurring
within this jurisdiction unless the release of such information would endanger the

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safety of any individual or jeopardize the successful completion of any ongoing

investigation
(b) The date, time, location, case number, name, birth date and charges for each person
arrested by this department unless the release of such information would endanger
the safety of any individual or jeopardize the successful completion of any ongoing
investigation
(c) The time and location of other significant law enforcement activities or requests for
service with a brief summary of the incident subject to the restrictions of this policy
and applicable law
At no time shall identifying information pertaining to a juvenile arrestee (13 years of age and under),
victim or witness be publicly released without prior approval of a competent court. The identity
of a minor 14 years of age or older shall not be publicly disclosed unless the minor has been
arrested for a serious felony and the release of such information has been approved by the Watch
Commander (Welfare and Institutions Code § 827.5).
Identifying information concerning deceased individuals shall not be released to the media until
notification of next of kin or otherwise cleared through the Coroner's Office.
Any requests for copies of related reports or additional information not contained in this log shall
be referred to the designated department media representative, the custodian of records, or if
unavailable, to the Watch Commander. Such requests will generally be processed in accordance
with the provisions of the Public Records Act (Government Code § 6250, et seq.).

346.4.1 RESTRICTED INFORMATION

It shall be the responsibility of the authorized employee dealing with media requests to ensure
that restricted information is not inappropriately released to the media by this department. When
in doubt, authorized and available legal counsel should be obtained.

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 Policy Oxnard Police Department
348 Oxnard PD Policy Manual

Subpoenas and Court Appearances

348.1 PURPOSE AND SCOPE
This policy establishes the guidelines for department members who must appear in court. It will
allow the Oxnard Police Department to cover any related work absences and keep the Department
informed about relevant legal matters.

348.1.1 DEFINITIONS
On-Call - When an employee has appeared in court, or is at the time on-duty, and has been told
by a member of the court that he/she is free to leave the court or return to duty, subject to being
available by phone or pager if called back.
Standby - When an employee receives a subpoena of a type which allows him or her to not appear
in court, but remain available by phone or pager so that he or she may be directed to appear in
court within a reasonable amount of time.
Trailing Status - When an employee remains on standby status for additional court sessions until
notified otherwise.
Mandatory Appearance - Subpoenas marked as mandatory appearance require an employee’s
physical appearance in the specified court. Failure to timely appear in the specified court, either
intentionally or by negligence, may result in disciplinary action.

348.2 COURT SUBPOENAS

Employees who receive subpoenas related to their employment with this department are subject
to the provisions of this policy. Employees should be aware that their compliance is mandatory on
all cases for which they have been properly subpoenaed, or properly notified. This policy applies
to civil and criminal subpoenas. Employees are expected to cooperate with the prosecution to
ensure the successful conclusion of a case.

348.2.1 SERVICE OF SUBPOENA

Service of a subpoena requiring the appearance of any Department employee in connection with
a matter arising out of the employee's course and scope of official duties may be accomplished by
personal service on the employee or via email. The District Attorney's Office will input subpoenas
that require service into their database. The subpoena clerk will then query the database and
obtain all subpoenas that are ready for law enforcement service. The subpoena will then be
electronically sent to the witness and by doing so will create an appointment in the Microsoft
Outlook. Government Code § 68097.1. Subpoena service is also acceptable by courier or court
liaison from the court to this Department when necessary.

348.2.2 VALID SUBPOENAS

No subpoena shall be accepted for an employee of this department unless it has been properly
served and verified to have originated from a recognized legal authority.

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348.2.3 ACCEPTANCE OF SUBPOENA

Once the subpoena has been sent to the witness, it will be considered served. Department
employees are required to check their email each work day to check for any new subpoenas.
All new subpoenas or change in status on any served subpoenas will be done via the email.
As is current practice, short notice subpoenas, call-offs, or any other change in status will be
communicated to the employee via his/her department-issued cell phone. Witnesses should
regularly check voice mail for updated subpoena information.

(a) Only the employee named in a subpoena, his/her immediate supervisor or the
Department Subpoena Clerk shall be authorized to accept service of a subpoena.
Penal Code § 1328(c). Any authorized employee accepting a subpoena shall
immediately provide a copy of the subpoena to the Department Subpoena Clerk. The
Subpoena Clerk shall maintain a chronological log of all Department subpoenas and
provide a copy of the subpoena to each involved employee.
(b) Any supervisor or other authorized individual accepting a subpoena on behalf of
another employee shall immediately check available schedules to determine the
availability of the named employee for the date listed on the subpoena.
(c) Once a subpoena has been received by a supervisor or other authorized individual, a
copy of the subpoena shall be promptly provided to the Department Subpoena Clerk
as well as a copy to the individually named employee.

348.2.4 REFUSAL OF SUBPOENA

(a) Valid reasons for an individually named employee not accepting subpoenas include
illness, previously approved out of county training, and vacations, which are scheduled
and approved, before receipt of the subpoena. Regular scheduled days off are not
valid reasons for refusing the subpoena or missing court. If the subpoena has been
received by the individually named employee from the subpoena clerk and a valid
reason exists for refusing the subpoena, the subpoena shall be promptly returned to
the subpoena clerk with a specified reason for refusal as well as the dates when the
officer will become available. It shall then become the responsibility of the witness to
notify the assigned Deputy District Attorney or other attorney of record of the bona fide
unavailability of the employee.
(b) If the immediate supervisor or other authorized individual knows that he/she will be
unable to deliver a copy of the subpoena to the named employee within sufficient
time for the named employee to comply with the subpoena, the supervisor or other
authorized individual may refuse to accept service.
(c) If a subpoena is presented for service to an immediate supervisor or other authorized
individual less than five working days prior to the date listed for an appearance, the

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supervisor or other authorized individual may refuse to accept service. (Penal Code
§ 1328(d)).
(d) If, after initially accepting service of a subpoena, a supervisor or other authorized
individual determines that he/she will be unable to deliver a copy of the subpoena
to the individually named employee within sufficient time for the named employee to
comply with the subpoena, the supervisor or the subpoena clerk shall notify the server
or the attorney named on the subpoena of such not less than 48 hours prior to the
date listed for the appearance. (Penal Code § 1328(f))
(e) When an employee is served a subpoena, the employee may only refuse the
subpoena for the purposes of "training" if the training has been previously approved
and it is out of county. An employee may not refuse a subpoena due to in-county
training.
(f) If an employee is on "I" time for a duty-related injury, and the employee's physician
has not prohibited the employee's attendance at court, the employee may be served
with the subpoena and the employee shall attend the court proceeding.

348.2.5 COURT STANDBY

To facilitate court standby agreements with the courts, employees are required to provide and
maintain current information on their address and phone number with the Department. Employees
are required to notify the Department within 24 hours of any change in residence address or home
phone number, and to provide accurate and reasonably reliable means or methods for contact.
If an employee on standby changes his/her location during the day, the employee shall notify the
subpoena clerk of how he/she can be reached by telephone. Employees are required to remain
on standby each day the case is trailing. In a criminal case the Deputy District Attorney handling
the case is the only person authorized to excuse an employee from standby status.

348.2.6 OFF-DUTY RELATED SUBPOENAS

Employees receiving valid subpoenas for actions taken off-duty not related to their employment
with Oxnard Police Department shall comply with the requirements of the subpoena. Employees
receiving these subpoenas are not compensated for their appearance and arrangements for time
off shall be coordinated through their immediate supervisor.

348.2.7 FAILURE TO APPEAR

(a) When the Department is notified that an employee of the Police Department under
subpoena was late or failed to appear as scheduled, Professional Standards will check
with police records to ensure that the employee was properly served. The Office of
Professional Standards will maintain a record of employees who are late or failed to
appear in court as scheduled.

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(b) Police Records will ensure that the officer was properly served and return the list of
employees who were late or failed to appear in court to the Professional Standards
Office within five working days.
(c) The Office of Professional Standards will forward the list of employees who were late
or failed to appear in court to the employee's Commander.
(d) The Commander will assign the employee's sergeant to determine whether there was
a valid reason for the employee being late or failing to appear in court as scheduled.
If the employee does not have a valid reason for being late or failing to appear for a criminal
court case, the following action will be taken. These actions may be modified based upon other
instances of employee misconduct.
(a) First occasion - the employee will receive an inspection report.
(b) Second occasion within a 12-month period - the employee will receive a letter of
reprimand that will be placed in the employee's Personnel File.
(c) Subsequent occurrences within a 12-month period - may result in progressive
disciplinary action that may include a suspension without pay.
If the employee does not have a valid reason for being late or failing to appear for a traffic court
case, the following action will be taken. These actions may be modified based upon other instances
of employee misconduct.
(a) First occasion - the employee will receive a verbal counseling or an inspection report.
(b) Second occasion within a 12-month period - the employee will receive an inspection
report.
(c) Third occasion within a 12-month period - the employee will receive a letter of
reprimand that will be placed in the employee's Personnel File.
(d) Subsequent occurrences within a 12-month period - may result in progressive
disciplinary action that may include a suspension without pay.

348.3 CIVIL SUBPOENAS

The Department will compensate employees who appear in their official capacity on civil
matters arising out of the employee’s official duties as directed by the current Memorandum of
Understanding. In such situations, the Department will also reimburse any officer for reasonable
and necessary travel expenses.
The Department will receive reimbursement for the officer's compensation through the civil
attorney of record who subpoenaed the officer.

348.3.1 PROCEDURE
To ensure that the officer is able to appear when required, that the officer is compensated for
such appearance, and to protect the Department’s right to reimbursement, officers shall follow the
established procedures for the receipt of a civil subpoena.

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348.3.2 CIVIL SUBPOENA ACCEPTANCE

Subpoenas shall not be accepted in a civil action in which the officer or Department is not a party
without properly posted fees pursuant to Government Code § 68097.6.

348.3.3 PARTY MUST DEPOSIT FUNDS

The party in the civil action that seeks to subpoena an officer must deposit the statutory fee of
$275 (Government Code § 68097.2) for each appearance before such subpoena will be accepted.
Parties seeking to have the officer make multiple appearances must make an additional deposit
in advance.

348.4 OVERTIME APPEARANCES

If the officer appeared on his/her off-duty time, he/she will be compensated in accordance with
the current employee Memorandum of Understanding.
The overtime on such appearance will be paid from the time the officer left his/her residence until
he/she returned.

348.5 COURTROOM PROTOCOL

Employees must be punctual when appearing in court and shall be prepared to proceed
immediately with the case for which they are subpoenaed.

348.5.1 PREPARATION FOR TESTIMONY

Before the date of testifying, the subpoenaed officer shall review any relevant reports, audio and/
or video recordings, and a photograph of the suspect(s) to become familiar with the case and to
be prepared for court.

348.5.2 COURTROOM ATTIRE

Employees shall dress in uniform or business attire. Suitable business attire for men would consist
of a coat, tie, dress pants, and dress shoes. Suitable business attire for female employees would
consist of a dress jacket, dress blouse, skirt or slacks, and dress shoes.

348.6 COURTHOUSE DECORUM

Employees shall observe all rules of the court in which they are appearing, refrain from smoking
or chewing gum in the courtroom, and shall remain alert to changes in the assigned courtroom
where their matter is to be heard.

348.7 TESTIFYING AGAINST THE INTEREST OF THE PEOPLE OF THE STATE

Any employee who is subpoenaed to testify, who has agreed to testify, or who anticipates testifying
or providing information on behalf of or at the request of any party other than the People of the
State of California, any county, any city, or any of their officers and employees in which any of
those entities are parties, will notify their immediate supervisor without delay. The supervisor will
then notify the Chief of Police, District Attorney's Office in criminal cases, County Counsel or City
Attorney, as may be indicated by the case.

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This includes, but is not limited to the following situations:

(a) Providing testimony or information for the defense in any criminal trial or proceeding;
(b) Providing testimony or information for the plaintiff in a civil proceeding against any
county, any city, or their officers and employees; or
(c) Providing testimony or information on behalf of or at the request of any party other
than any County, city, or any county or city official in any administrative proceeding,
including but not limited to personnel and/or disciplinary matter.

348.8 COURT OVERTIME

348.8.1 OPOA EMPLOYEES

For employees represented by OPOA, a four-hour minimum applies to court overtime under the
following conditions. The overtime on such appearance will be paid from the time the officer left
his/her residence until he/she returned.
(a) The four-hour minimum applies when called to appear in court while off duty.
1. If an employee appears in court at 10:00 a.m. and completes the case(s)
after 11:00 a.m. and must appear by 2:00 p.m. on another case, it will not be
considered a second call-out.
2. If an employee appears in court at 8:00 a.m. and completes the case after 11:00
a.m. and must appear by 2:00 p.m. on another case, it will be considered a
second call-out.
3. The period set aside for lunch will not be considered as overtime.
4. The four-hour minimum does not apply immediately preceding or at the end of
a regular duty tour. Compensation will be based on the time spent in court only.

348.8.2 OTHER EMPLOYEES

For all other employees, a two-hour minimum applies to court overtime under the following
conditions.
(a) The two-hour minimum applies when called to appear in court while off duty.
1. If an employee appears in court at 0900 a.m. and completes the case(s) after
0930 a.m. and must appear by 1030 a.m. on another case, it will not be
considered a second call-out.
2. If an employee appears in court at 8:00 a.m. and completes the case after 10:00
a.m. and must appear by 2:00 p.m. on another case, it will be considered a
second call-out.
3. The period set aside for lunch will not be considered as overtime.

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4. The two-hour minimum does not apply immediately preceding or at the end of a
regular duty tour. Compensation will be based on the time spent in court only.

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 Policy Oxnard Police Department
350 Oxnard PD Policy Manual

Reserve Officers
350.1 PURPOSE AND SCOPE
The Oxnard Police Department Reserve Unit was established to supplement and assist regular
sworn police officers in their duties. This unit provides professional, sworn volunteer reserve
officers who can augment regular staffing levels.

350.2 SELECTION AND APPOINTMENT OF POLICE RESERVE OFFICERS

The Oxnard Police Department shall endeavor to recruit and appoint to the Reserve Unit only
those applicants who meet the high ethical, moral and professional standards set forth by this
department.

350.2.1 PROCEDURE
All applicants shall be required to meet and pass the same pre-employment procedures as regular
police officers before appointment. The minimum training requirements for reserve officers are
established by the California Commission on Peace Officer Standards and Training(POST) and
outlined in Commission Regulation 1007(a).
Before appointment to the Police Reserve Unit, an applicant must have completed, or be in the
process of completing, a POST certified Regular Basic Academy(academy) or a Basic Course
in the modular or extended format.

350.2.2 APPOINTMENT
Applicants who are selected for appointment to the Police Reserve Unit shall, on the
recommendation of the Chief of Police, be sworn in by the Chief of Police and take a loyalty oath to
observe and obey all of the laws of the land and to carry out their duties to the best of their ability.

350.2.3 UNIFORM AND EQUIPMENT FOR POLICE RESERVE OFFICERS

All reserve officer appointees are issued two sets of uniforms and all designated attire and safety
equipment. All property issued to the reserve officer shall be returned to the Department upon
termination or resignation. Reserves shall receive a yearly uniform allowance of uniforms equal
to that of regular officers.
Reserve officers shall conform to all uniform regulations and appearance standards for the
Department.

350.2.4 EMPLOYEES WORKING AS RESERVE OFFICERS

Qualified employees of this department, when authorized, may also serve as reserve officers.
However, the Department must not utilize the services of a reserve or volunteer in such a way
that it would violate employment laws or labor agreements (e.g., a detention officer working as a
reserve officer for reduced or no pay while performing the same duties). Therefore, the Reserve
Coordinator should consult the Department of Human Resources prior to an employee serving in
a reserve or volunteer capacity (29 CFR 553.30).

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350.3 DUTIES OF RESERVE OFFICERS

Reserve officers assist regular officers in the enforcement of laws and in maintaining peace and
order within the community. Assignments of reserve officers will usually be to augment the Field
Services Bureau. Reserve officers may be assigned to other areas within the Department as
needed. The duties and deployment of reserve officers should be in compliance with the operative
Memorandum of Understanding (MOU) for the OPOA. Reserve officers are generally required to
work a minimum of 16 hours per month.

350.3.1 POLICY COMPLIANCE

Reserve officers shall be required to adhere to all departmental policies and procedures. A copy
of the policies and procedures will be made available to each reserve officer upon appointment
and he/she shall become thoroughly familiar with these policies.
Whenever a rule, regulation, or guideline in this manual refers to a sworn regular full-time officer,
it shall also apply to a sworn reserve officer unless by its nature it is inapplicable.

350.3.2 RESERVE OFFICER CLASSIFICATIONS

All reserve officers will be assigned to duties by the Reserve Coordinator or his/her
designee. Reserve officers are subordinate to regular full-time officers, and in most
circumstances, shall work under the immediate direction and supervision of regular officers of this
Department.
There are three (3) classification (levels) of reserve officer as set forth in Penal Code §832.6.
Reserve officers may be deployed in a variety of assignments based on their reserve
classification (Level I, Level II, Level III), training, experience.
Level I - Refers to a sworn reserve officer trained as described in Penal Code §832.6(a)
(1) who has successfully completed the POST Basic Course in either the standard format or the
modular format (727 hours: Module III, II, I), and successfully completed all requirements for the
classification of Level I (non-designated), to include Filed Training. A Level I reserve officer may
perform general law enforcement assignments only while under the immediate supervision of a
full-time officer until they have successfully completed the Department's POST approved Field
Training Program (400 hours minimum). Once completed, this level of reserve may be assigned
to work alone or supervise Level III reserve officers if prior approval if obtained as described in the
Special Authorization Requirements section of the Police Manual. Level I peace officer authority
is only for the duration of the reserve's specific on-duty assignment.
Level II - Refers to a sworn reserve officer trained as described in Penal Code § 832.6(a)(2), who
has successfully completed modules III and II of the POST Basic Course (333 hours), and
successfully completed all Department requirements for the designation of Level II. A Level II
reserve officer may perform general law enforcement assignments only while under the immediate
supervision of a full-time officer. A Level II reserve officer may perform limited support duties such
as traffic control, evidence transportation, and duties not likely to result in a physcial arrest without
immediate supervision. Level II peace officer authority is only for the duration of the reserve's
specific on-duty assignment.

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Level III - Refers to a sworn reserve officer trained as described in Penal Code § 832.6(a)(3), who
has successfully completed Module III of the POST Basic Course (144 hours), and successfully
completed all Department requirements for the designation of Level III. Level III reserve officers
shall be supervised in the accessible vicinity by a full-time regular officer and/or a Level I reserve
officer (with Special Authorization). A Level III reserve officer may perform limited support duties
not requiring general law enforcement powers in their routine performance. Those limited support
duties shall include traffic control, security at parades and sporting events, report taking, evidence
transportation, parking enforcement, and other duties that are not likely to result in physical arrests.
Level III reserve officers may transport prisoners without immediate supervision. Level III peace
officer authority is only for the duration of the reserve's specific on-duty assignment.

350.3.3 RESERVE COORDINATOR

The Chief of Police shall delegate the responsibility for administering the Reserve Officer Program
to a Reserve Coordinator.
The Reserve Coordinator shall have the responsibility of, but not be limited to:
(a) Assignment of reserve personnel
(b) Conducting reserve meetings
(c) Establishing and maintaining a reserve call-out roster
(d) Maintaining and ensuring performance evaluations are completed
(e) Monitoring individual reserve officer performance
(f) Monitoring overall Reserve Officer Program
(g) Maintaining liaison with other agency Reserve Coordinators

350.3.4 ASSISTANT RESERVE OFFICER COORDINATORS

The Chief of Police shall delegate the responsibility for administering the Reserve Unit to the
Reserve Coordinator and the Reserve Coordinator will be assisted by the Assistant Reserve
Coordinator(s).
The Assistant Reserve Coordinator(s) shall have the responsibility of, but not limited to:

(a) Actively recruit reserve officers, and be a recruiting contact at the police department.
(b) Assist with the coordination and deployment of reserve officers.
(c) Complete evaluations and act as a first line supervisor for reserve officers.
(d) Maintain time sheets and riding logs for reserve officers.
(e) Schedule and organize meetings and details for the Reserve Unit.
(f) Liaison with in-house training staff to provide meaningful training to the reserve
officers.

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(g) Act as a squad leader for reserve officers.

(h) All other duties as assigned.

350.4 FIELD TRAINING

The California Commission on Peace Officers Standards and Training (POST) and Penal Code §
832.6(a)(1) requires Level I reserve officers to complete field training (400 hour minimum) prior to
being released from the "immediate supervision" requirement. Level II and Level III reserves are
generally encouraged to participate in field training but not required by POST regulations.

350.4.1 TRAINING OFFICERS

Upon completion of the POST Basic Course in either the standard format or the modular
format(Module III, II, I), Level I reserve officers will be assigned to a primary training officer. The
primary training officer will be an Assistant Reserve Coordinator who is a POST certified Field
Training Officer (FTO). Officers of this department, who demonstrate a desire and ability to train
reserve officers, may train Level III and Level II reserves, subject to Watch Commander approval.

350.4.2 FIELD TRAINING MANUAL

Each new reserve officer will be issued a Field Training Manual at the beginning of his/her
Primary Training Phase. This manual is an outline of the subject matter and/or skills necessary
to properly function as an officer with the Oxnard Police Department. The reserve officer shall
become knowledgeable of the subject matter as outlined. He/she shall also become proficient with
those skills as set forth in the manual.

350.4.3 PRIMARY TRAINING PHASE

The Level I reserve officer will be assigned to work with his/her primary training officer during the
first 160 hours of training. This time shall be known as the Primary Training Phase.

350.4.4 SECONDARY TRAINING PHASE

The Secondary Training Phase (Phase II) shall consist of 100 hours of additional on-duty training.
The reserve officer will no longer be required to ride with his/her primary training officer. The
reserve officer may now ride with any officer from the FTO Program.

350.4.5 THIRD TRAINING PHASE

Phase III of training shall consist of 24 hours of additional on-duty training. For this training phase,
the reserve officer will return to his/her original primary training officer. During this phase, the
training officer will evaluate the reserve officer for suitability to graduate from the formal training
program.
At the completion of Phase III training, the primary training officer will meet with the Reserve
Coordinator. Based upon the reserve officer's evaluations, plus input from the primary training
officer, the Reserve Coordinator shall decide if the reserve officer has satisfactorily completed his/
her formal training. If the reserve officer has progressed satisfactorily, he/she will then graduate

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from the formal training process. If his/her progress is not satisfactory, the Reserve Coordinator
will decide upon the appropriate action to be taken.

350.4.6 COMPLETION OF THE FORMAL TRAINING PROCESS

When a Level I reserve officer has satisfactorily completed all three phases of formal training, he/
she will have had a minimum of 284 hours of on-duty training. He/she will no longer be required
to ride with a training officer. The reserve officer may now be assigned to ride with any officer for
the remaining 200-hour requirement for a total of 484 hours before being considered for relief of
immediate supervision.

350.5 SUPERVISION OF RESERVE OFFICERS

Reserve officers shall be under the immediate supervision of a regular sworn officer (Penal Code
832.6). The immediate supervision requirement shall also continue for reserve officers who have
attained Level I status unless special authorization is received from the Reserve Coordinator with
the approval of the Field Services Bureau Chief.

350.5.1 SPECIAL AUTHORIZATION REQUIREMENTS

Reserve officers certified as Level I may, with prior authorization of the Reserve Coordinator
and on approval of the Field Services BureauChief, be relieved of the "immediate
supervision" requirement. Level 1 reserve officers may function under the authority of Penal
Code § 832.6(a)(1) only for the duration of the assignment or purpose for which the authorization
was granted.
In the absence of the Reserve Coordinator and the Field Services Bureau Chief, the Watch
Commander may assign a certified Level I reserve officer to function under the authority of Penal
Code § 832.6(a)(1) for specific purposes and duration.

350.5.2 RESERVE OFFICER MEETINGS

All reserve officer meetings will be scheduled and conducted by the Reserve Coordinator. All
reserve officers are required to attend scheduled meetings. Any absences must be satisfactorily
explained to the Reserve Coordinator.

350.5.3 IDENTIFICATION OF RESERVE OFFICERS

All reserve officers will be issued a uniform badge and a Department identification card. The
uniform badge shall be the same as that worn by a regular full-time officer. The identification card
will be the standard identification card with the exception that "Reserve" will be indicated on the
card.

350.5.4 INVESTIGATIONS AND COMPLAINTS

If a reserve officer has a complaint made against him/her or becomes involved in an internal
investigation, that complaint or internal investigation may be investigated by the Reserve
Coordinator, at the discretion of the Field Services Bureau Chief.

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Reserve officers are considered at-will employees. Government Code § 3300 et seq. applies to
reserve officers with the exception that the right to hearing is limited to the opportunity to clear
their name.
Any disciplinary action that may have to be administered to a reserve officer shall be accomplished
as outlined in the Policy Manual.

350.5.5 RESERVE OFFICER EVALUATIONS

While in training reserves will be continuously evaluated using standardized daily and weekly
observation reports. The reserve will be considered a trainee until all of the training phases have
been completed. Reserves having completed their field training will be evaluated annually using
performance dimensions applicable to the duties and authorities granted to that reserve.

350.6 FIREARMS REQUIREMENTS

Penal Code § 830.6(a)(1) designates a reserve officer as having peace officer powers during his/
her assigned tour of duty, provided the reserve officer qualifies or falls within the provisions of
Penal Code § 832.6.

350.6.1 CARRYING WEAPON ON DUTY

Penal Code § 830.6(a)(1) permits qualified reserve officers to carry a loaded firearm while on-
duty. It is the policy of this department to allow reserves to carry firearms only while on-duty or
to and from duty.

350.6.2 CONCEALED FIREARMS PROHIBITED

No reserve officer will be permitted to carry a concealed firearm while in an off-duty capacity, other
than to and from work, except those reserve officers who possess a valid CCW permit. An instance
may arise where a reserve officer is assigned to a plainclothes detail for his/her assigned tour of
duty. Under these circumstances, the reserve officer may be permitted to carry a weapon more
suited to the assignment with the knowledge and approval of the supervisor in charge of the detail.
Any reserve officer who is permitted to carry a firearm other than the assigned duty weapon may do
so only after verifying that the weapon conforms to departmental standards. The weapon must be
registered by the reserve officer and be inspected and certified as fit for service by a departmental
armorer.
Before being allowed to carry any optional firearm during an assigned tour of duty, the reserve
officer shall have demonstrated his/her proficiency with said weapon.
When a reserve officer has satisfactorily completed all three phases of training (as outlined in the
Field Training section), he/she may be issued a permit to carry a concealed weapon. The decision
to issue a concealed weapon permit will be made by the Chief of Police with input from the Reserve
Program Coordinator and administrative staff. In issuing a concealed weapon permit a reserve
officer's qualification will be individually judged. A reserve officer's dedication to the program and
demonstrated maturity, among other factors, will be considered before a concealed weapon permit

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will be issued. Once issued, the concealed weapon permit will be valid only for as long as the
reserve officer remains in good standing as a Reserve Officer with the Oxnard Police Department.

350.6.3 RESERVE OFFICER FIREARM TRAINING

All reserve officers are required to maintain proficiency with firearms used in the course of their
assignments. Reserve officers shall comply with all areas of the firearms training section of the
Policy Manual. Should a reserve officer fail to qualify, that reserve officer will not be allowed to
carry a firearm until he/she has reestablished his/her proficiency.

350.7 EMERGENCY CALL-OUT FOR RESERVE PERSONNEL

The Reserve Coordinator shall develop a plan outlining an emergency call-out procedure for
reserve personnel.

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351 Oxnard PD Policy Manual

Field Training Program

351.1 PURPOSE AND SCOPE
To establish operational guidelines for the Field Training Program that meet the standards set by
the California Commission of Peace Officer Standards and Training (POST).

351.2 METHOD
The Field Training Program is fair, firm, friendly, and professional. It is dedicated to providing a
positive learning environment for trainees.
(a) Field Training Officers (FTOs) are entrusted with the responsibility of shaping the
future of the Oxnard Police Department through the care and training of new officers.
(b) FTOs will set a positive example for trainees and other employees of the Department.
(c) FTOs will objectively evaluate trainees based upon specific performance by creating
Daily Observation Reports (DOR's) that provide a constructive record of trainee
progress.
(d) Trainees will be treated with dignity and respect. FTOs will create opportunities for the
trainees to demonstrate the ability to meet Department standards.
(e) The FTOs objective of developing a well-trained and competent professional will be
accomplished by teaching, mentoring, and monitoring.

351.3 PROGRAM STRUCTURE

The Field Training Program is part of the Field Services Bureau (FSB).

(a) The FTO Staff will consist of a commander as program manager and selected
sergeants who will serve as Field Training Sergeants.
(b) FTOs will be selected from the ranks of Police Officer II's and III's in the Field Services
Bureau.
(c) When the demand for FTOs exceeds program resources, former FTOs who comply
with POST educational requirements may be pressed into service as "Temporary
FTOs" for as little as one shift or as long as one cycle.

351.4 JOB DESCRIPTION

351.4.1 FIELD TRAINING COMMANDER

The Field Training Commander is responsible for all the personnel and activities within this POST-
certified program. Ultimately, the success or failure of the FTO Program rests with the Field
Training Commander.

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351.4.2 FIELD TRAINING SERGEANT

The FTO Sergeants supervise the FTOs directly. As such, the FTO Sergeants shall be committed
to teaching and developing the FTOs. FTO Sergeants ensure that FTOs create a positive learning
environment for the trainees while closely monitoring the progress of trainees. The FTO Sergeants
will meet with assigned trainees at the conclusion of each monthly training phase.

351.4.3 FIELD TRAINING OFFICER

FTOs train, motivate, lead, and evaluate trainees. FTOs act as a trainee's immediate supervisor.
FTOs must set a positive example for trainees, making every effort to create a positive learning
environment. Strict adherence to proper procedure and Department policy is critical. Officers
appointed to the Field Training Program must:
(a) Possess the ability to communicate as an instructor.
(b) Demonstrate clear, concise, and effective writing ability.
(c) Work flexible hours to meet the needs of the trainee and program.
(d) Handle other training demands such as: preparation and presentation of lesson
plans during roll call training; coordination of the Pre-Academy and Pre-Field Training
programs; research, develop, and/or update training manuals.
(e) Serve as a mentor for Oxnard Police Department cadets while in the academy.
(f) Maintain job performance that meets Oxnard Police Department standards.
(g) Maintain a professional appearance.
(h) Demonstrate sensitivity to the racial, ethnic, and cultural differences of trainees.
(i) Demonstrate sensitivity to the special training needs of individual trainees.
(j) Model the Community Oriented Policing philosophy embraced by the Oxnard Police
Department.
(k) Support the philosophies and operational directives of the Oxnard Police Department.

351.5 SELECTION PROCESS

351.5.1 COMMANDER
The commander will be selected and appointed by the FSB Chief. The FTO Commander will serve
as long as bureau chief sees fit, or until a change of assignment brings change to the program.

351.5.2 FIELD TRAINING SERGEANT

Field Training Sergeants will be selected by the FTO Commander and by the FSB Chief with
concurrence of the Chief of Police.

351.5.3 FIELD TRAINING OFFICER

(a) Minimum Qualifications

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1. Tenure as described in §1003.2(b).

2. A minimum of 30 college units or an Intermediate POST Certificate.
3. Written recommendation of his/her current supervisor as described in
§1003.2(d).
4. An applicant's primary assignment must be in the Patrol Division.
5. District/CBD PO II's and PO III's are eligible to apply
6. School Resource Officers are not eligible to apply.
(b) Selection Process
1. A notice will be posted and distributed pursuant to §1003.2(a).
2. Interested Police Officer II's shall submit a resume along with a memo
expressing interest pursuant to §1003.2(c). An FTO application may also be
required.
3. An evaluation of candidates by the FTO commander and sergeants will take
place.
4. At the direction of the FTO commander, a panel will convene to interview the
FTO applicants.
5. The FTO Commander will review the ranking of the panel and recommend
applicants for appointment to the FSB Chief.
6. The FSB Chief will make a selection with the concurrence of the Chief of Police.
7. The selection will be based, in part, on the following criteria:
(a) Demonstrated past performance (evaluations, discipline, attendance,
etc.).
(b) Best interests and/or needs of the program.
(c) Experience, including recency.
(d) Training.
(e) Seniority.
8. FTO staff will notify officers selected for appointment. Candidates may request
information on his/her performance at the conclusion of the selection process
pursuant to §1003.2(g).

351.6 FTO COMPENSATION

(a) Field Training Officer

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1. Officers assigned to the FTO program receive 20 hours of compensatory time

off per calendar year. This time is credited to his/her leave bank at a rate of 10
hours semiannually.
2. Active FTOs receive $125.00 biweekly.
(b) Temporary Field Training Officers
1. Temporary FTOs will not receive compensatory time. He/she will receive the
additional $125.00 biweekly compensation in the event that he/she trains for a
period of at least two consecutive weeks. If a temporary FTO trains for a period
of less than two weeks, he/she will not be eligible for additional compensation.
(c) FTO Sergeants
1. Sergeants assigned to the FTO program will be entitled to receive 20 hours of
compensatory time off per calendar year.

351.6.1 LENGTH OF ASSIGNMENT FOR OFFICERS AND SERGEANTS

Length of assignment, possible extensions, reapplication, and maximum length of time in the Field
Training Program is covered in Policy Manual §1003.

351.7 DISCIPLINE AND REMOVAL

FTOs are responsible for:
(a) Appropriate and timely documentation of trainee performance .
(b) Attending regularly scheduled meetings.
(c) Being effective trainers.
(d) Maintaining an overall above-average score on his/her biannual performance
evaluations.
Failure to fulfill the foregoing responsibilities or otherwise comply with department policy may result
in disciplinary action including, but not limited to, removal from the Field Training Program.

351.8 FTO INSIGNIA

Pursuant to §1046.4(f)2, the approved FTO insignia must be worn at all times while in uniform.
Insignia shall only be worn by those officers occupying full-time FTO assignments.

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352 Oxnard PD Policy Manual

Outside Agency Assistance

352.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance to members when requesting or responding to
a request for mutual aid or when assisting another law enforcement agency.

352.2 POLICY
It is the policy of the Oxnard Police Department to promptly respond to requests for assistance by
other law enforcement agencies, subject to available resources and consistent with the applicable
laws and policies of this department.

352.3 MUTUAL AID

If there is a need for mutual aid and Oxnard Police Department personnel will be utilized, the
request will come from the Ventura County Sheriff Watch Commander. The on-duty Oxnard Police
Department Watch Commander may immediately send a Level 1 response, i.e.
. The Duty Chief will be notified thereafter. The on-duty Oxnard Police Department
Watch Commander may, after consultation with the Duty Chief, provide a Level 2 response, i.e.
A Level 2 response ideally is sent within six hours
of the request.
Where the Oxnard Police Department requests mutual aid, the Ventura County Sheriff Watch
Commander must first be contacted. The incident location, type of disturbance or situation, number
of participants (when the incident is a disturbance or other civil unrest), anticipated duration of
deployment, command post location, staging area, and call back number will be provided. The
Duty Chief will be notified when mutual aid is requested by the on-duty Oxnard Police Department
Watch Commander.

352.4 MANDATORY SHARING

Equipment and supplies purchased with federal funds or grants that require such equipment and
supplies be shared with other agencies should be documented and updated as necessary by
the Administrative Services Bureau Chief or the authorized designee.
The documentation should include:
(a) The conditions relative to sharing.
(b) The training requirements for:
1. The use of the supplies and equipment.
2. The members trained in the use of the supplies and equipment.
(c) Any other requirements for use of the equipment and supplies.

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Copies of the documentation should be provided to the Communications Center and the Watch
Commander to ensure use of the equipment and supplies is in compliance with the applicable
sharing agreements.
The Training Sergeant should maintain documentation that the appropriate members have
received the required training.

352.5 REPORTING REQUIREMENTS

Incidents of outside assistance or law enforcement activities that are not documented in a crime
report shall be documented in a general case report or as directed by the Watch Commander.

352.6 REQUESTING OUTSIDE ASSISTANCE

If assistance is needed from another agency, the member requesting assistance should, if
practicable, first notify a supervisor. The handling member or supervisor should direct assisting
personnel to where they are needed and to whom they should report when they arrive.
The requesting member should arrange for appropriate radio communication capabilities, if
necessary and available, so that communication can be coordinated between assisting personnel.

352.7 ASSISTING OUTSIDE AGENCIES

Generally, requests for any type of assistance from another agency should be routed to the Watch
Commander’s office for approval. In some instances, a memorandum of understanding or other
established protocol may exist that eliminates the need for approval of individual requests.
When another law enforcement agency requests assistance from this department, the Watch
Commander may authorize, if available, an appropriate number of personnel to assist. Members
are reminded that their actions when rendering assistance must conform with applicable laws and
be consistent with the policies of this department.
Officers may respond to a request for emergency assistance, however, they shall notify a
supervisor of their activity as soon as practicable.
Arrestees may be temporarily detained by this department until arrangements for transportation
are made by the outside agency. Probation violators who are temporarily detained by this
department will not ordinarily be booked at this department. Only in exceptional circumstances,
and subject to supervisor approval, will this department provide transportation of arrestees to other
facilities on behalf of another agency.
When transportation assistance is rendered, a report shall be prepared and submitted by the
handling member unless otherwise directed by a supervisor.

352.7.1 INITIATED ACTIVITY

Any on-duty officer who engages in law enforcement activities of any type that are not part of a
mutual aid request and take place outside the jurisdiction of the Oxnard Police Department shall
notify his/her supervisor or the Watch Commander and the Communications Center as soon as

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practicable. This requirement does not apply to special enforcement details or multi-agency units
that regularly work in multiple jurisdictions.

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Automatic External Defibrillator

355.1 PURPOSE AND SCOPE
The Automatic External Defibrillator (AED) is a portable device used to deliver an electric shock
through the chest wall to the heart during a specific type of cardiac arrest.
This policy does not establish a mandatory duty to use the AED.
Use of the AED is subject to the discretion of trained officer users based on an evaluation of the
total circumstances.

355.2 USE AND REPORTING

Any department employee who has successfully completed authorized training may use the AED.
Training on the AED may be included in First Aid/CPR training courses provided by the Department
and the AED coordinator.

355.2.1 OPERATIONAL RESPONSIBILITIES

The Department will maintain an AED Program Coordinator who will provide:
(a) Training guidelines for proper AED operation.
(b) Procedures for the selection and use of equipment.
(c) Coordination and inspection, repair, and maintenance of AED's.
The Department's Personnel and Training Unit shall:
(a) Ensure that all training requirements are met.
(b) Maintain AED personnel training records.
AED trained personnel shall:
(a) Utilize AED units according to the procedures outlined in the Red Cross First Aid
Standards.
(b) Report any use of AED equipment to the AED Program Coordinator, his/her
supervisor, and the Watch Commander.
(c) Complete the proper police report when the AED is used and forward a copy to the
AED Program Coordinator.

355.2.2 IMMEDIATE SUPERVISOR RESPONSIBILITY

When an AED is used, the immediate supervisor shall review and send the appropriate police
report to the AED Program Coordinator. The AED Program Coordinator will ensure the proper
download of information and have the AED device inspected prior to being placed back into
service.
The AED Program Coordinator will be responsible for coordinating the review of device
deployment with the physician overseeing the program.

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355.3 INSPECTIONS AND REPAIR

Each AED location shall have an assigned administrator who will maintain inspection compliance
and notify the Department coordinator of malfunctions. The location administrator will be appointed
by the AED Program Coordinator.The assigned location administrator shall check and maintain the
AED (battery expiration, malfunctions, and general condition) on a monthly basis. Replacement
batteries, electrodes, and/or repair can be ordered through the AED Program Coordinator.

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356 Oxnard PD Policy Manual

Registered Offender Information

356.1 PURPOSE AND SCOPE
This policy establishes guidelines by which the Oxnard Police Department will address issues
associated with certain offenders who are residing in the jurisdiction and how the [Department/
Office] will disseminate information and respond to public inquiries for information about registered
sex, arson and drug offenders.

356.2 POLICY
It is the policy of the Oxnard Police Department to identify and monitor registered offenders living
within this jurisdiction and to take reasonable steps to address the risks those persons may pose.

356.3 REGISTRATION
The Investigative Services Bureau Commander or his/her designee, shall establish a process
to reasonably accommodate registration of certain offenders. The process should rebut any
allegation on the part of the offender that the registration process was too confusing, burdensome
or difficult for compliance. If it is reasonable to do so, an investigator assigned to related
investigations should conduct the registration in order to best evaluate any threat the person may
pose to the community. Employees assigned to register offenders should receive appropriate
training regarding the registration process.
Upon conclusion of the registration process, employees shall ensure that the registration
information is provided to the California Department of Justice (DOJ) in accordance with applicable
law (Health and Safety Code § 11594; Penal Code § 457.1; Penal Code § 290 et seq).
The refusal of a registrant to provide any of the required information or complete the process
should initiate a criminal investigation for failure to register.

356.3.1 CONTENTS OF REGISTRATION

The information collected from the registering offenders shall include a signed statement as
required by the California DOJ, fingerprints and a photograph and any other information required
by applicable law (Health and Safety Code § 11594; Penal Code § 457.1; Penal Code § 290 et
seq.).

356.4 MONITORING OF REGISTERED OFFENDERS

The Investigative Services Bureau Commander or his/her designee, should establish a system to
periodically, and at least once annually, verify that a registrant remains in compliance with his/her
registration requirements after the initial registration. This verification should include:
(a) Efforts to confirm residence.
(b) Review of information on the California DOJ website for sex offenders.
(c) Contact with a registrant's parole or probation officer.

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Any discrepancies should be reported to the California DOJ.

The Investigative Services Bureau Commander or his/her designee, should also establish a
procedure to routinely disseminate information regarding registered offenders to Oxnard Police
Department personnel, including timely updates regarding new or relocated registrants.

356.5 DISSEMINATION OF PUBLIC INFORMATION

Members will not unilaterally make a public notification advising the community of a particular
registrant’s presence in the community. Members who identify a significant risk or other public
safety issue associated with a registrant should promptly advise their supervisor. The supervisor
should evaluate the request and forward the information to the Chief of Police if warranted.
A determination will be made by the Chief of Police, with the assistance of legal counsel as
necessary, whether such a public alert should be made.
Members of the public requesting information on sex registrants should be provided the Megan's
Law website or the Oxnard Police Department’s website. Information on sex registrants placed
on the Oxnard Police Department’s website shall comply with the requirements of Penal Code
§ 290.46.
The Records Manager may release local registered offender information to residents only in
accordance with applicable law (Penal Code § 290.45; Penal Code § 290.46; Penal Code §
457.1; Health and Safety Code § 11594), and in compliance with a California Public Records Act
(Government Code § 6250-6276.48) request.

356.5.1 LIMITED RELEASE WITHIN COLLEGE CAMPUS COMMUNITY

California law allows the following additional information regarding a registered sex offender on
campus, whose information is not available to the public via the internet website, to be released
to a campus community (Penal Code § 290.01(d)):
(a) The offender’s full name
(b) The offender’s known aliases
(c) The offender’s sex
(d) The offender’s race
(e) The offender’s physical description
(f) The offender’s photograph
(g) The offender’s date of birth
(h) Crimes resulting in the registration of the offender under Penal Code § 290
(i) The date of last registration
For purposes of this section, campus community shall be defined as those persons present at
or regularly frequenting any place constituting campus property, satellite facilities, laboratories,
public areas contiguous to the campus and other areas set forth in Penal Code § 290.01(d).

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356.5.2 RELEASE NOTIFICATIONS

Registrant information that is released should include notification that:
(a) The offender registry includes only those persons who have been required by law to
register and who are in compliance with the offender registration laws.
(b) The information is provided as a public service and may not be current or accurate.
(c) Persons should not rely solely on the offender registry as a safeguard against offenses
in their communities.
(d) The crime for which a person is convicted may not accurately reflect the level of risk.
(e) Anyone who uses information contained in the registry to harass registrants or commit
any crime may be subject to criminal prosecution.
(f) The purpose of the release of information is to allow members of the public to protect
themselves and their children from sex offenders (Penal Code 290.45).

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358.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance to members of this department in determining
when, how and to whom notification of major incidents should be made.

358.2 MINIMUM CRITERIA FOR NOTIFICATION

Most situations where the media show a strong interest are also of interest to the Chief of Police
and the affected bureau chief. The following list of incident types is provided as a guide for
notification and is not intended to be all inclusive:
(a) Homicides.
(b) Traffic collisions with fatalities.
(c) Officer-involved shooting - on or off duty (see Officer-Involved Shooting Policy for
special notifications).
(d) Significant injury or death to employee - on or off duty.
(e) Death of a prominent Oxnard official.
(f) Arrest of a department employee or prominent Oxnard official.
(g) Aircraft crash with major damage and/or injury or death.
(h) In-custody deaths.
(i) V.I.P. contacts that are newsworthy or aggravated.
(j) Employee involved incidents where serious misconduct may be involved.

358.3 WATCH COMMANDER RESPONSIBILITY

The Watch Commander is responsible for making the appropriate notifications. The Watch
Commander shall make reasonable attempts to obtain as much information on the incident as
possible before notification. The Watch Commander shall attempt to make the notifications as
soon as practicable. Notification should be made by calling the home telephone number first and
then by any other available contact numbers.

358.3.1 STAFF NOTIFICATION

In the event an incident occurs described in Policy Manual § 358.2, the Duty Chief shall be notified.
Additionally, a brief email from the Watch Commander should be sent to the command staff to
advise them of the incident/situation.

358.3.2 DETECTIVE NOTIFICATION

If the incident requires that a detective respond from home, the immediate supervisor of the
appropriate detail shall be contacted who will then contact the appropriate detective.

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358.3.3 TRAFFIC UNIT NOTIFICATION

In the event of a traffic fatality or major injury, the Traffic Sergeant shall be notified, who will then
contact the appropriate collision investigator. The Traffic Sergeant will notify the Special Projects
Commander.

358.3.4 COMMUNITY AFFAIRS MANAGER (PIO)

The Community Affairs Manager shall be called after members of staff have been notified that it
appears the media may have a significant interest in the incident.

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Death Investigation
360.1 PURPOSE AND SCOPE
The investigations of cases involving death include those ranging from natural cause to homicide.
Some causes of death may not be readily apparent and some cases differ substantially from what
they appeared to be initially. The thoroughness of death investigations cannot be emphasized
enough.

360.2 INVESTIGATION CONSIDERATIONS

Death investigation cases require certain actions be taken. Paramedics shall be called in all
suspected death cases unless the death is obvious (e.g., decapitated, decomposed). A supervisor
shall be notified in all death investigations.

360.2.1 MEDICAL EXAMINER REQUEST

Government Code § 27491 and Health & Safety Code § 102850 direct the Medical Examiner to
inquire into and determine the circumstances, manner and cause of certain deaths. The Medical
Examiner shall be called in any of the following cases:
(a) Unattended deaths (No physician in attendance or during the continued absence of
the attending physician. Also, includes all deaths outside hospitals and nursing care
facilities).
(b) Deaths where the deceased has not been attended by either a physician or a
registered nurse, who is a member of a hospice care interdisciplinary team, as defined
by Health and Safety Code § 1746 in the 20 days prior to death.
(c) Physician unable to state the cause of death. Unwillingness does not apply. Includes
all sudden, unexpected and unusual deaths and fetal deaths when the underlying
cause is unknown.
(d) Known or suspected homicide.
(e) Known or suspected suicide.
(f) Involving any criminal action or suspicion of a criminal act. Includes child and
dependent adult negligence and abuse.
(g) Related to or following known or suspected self-induced or criminal abortion.
(h) Associated with a known or alleged rape or crime against nature.
(i) Following an accident or injury (primary or contributory). Deaths known or suspected
as resulting (in whole or in part) from or related to accident or injury, either old or recent.
(j) Drowning, fire, hanging, gunshot, stabbing, cutting, starvation, exposure, alcoholism,
drug addiction, strangulation or aspiration.
(k) Accidental poisoning (food, chemical, drug, therapeutic agents).

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(l) Occupational diseases or occupational hazards.

(m) Known or suspected contagious disease and constituting a public hazard.
(n) All deaths in operating rooms and all deaths where a patient has not fully recovered
from an anesthetic, whether in surgery, recovery room or elsewhere.
(o) In prison or while under sentence. Includes all in-custody and police involved deaths.
(p) All deaths of unidentified persons.
(q) All deaths of state hospital patients.
(r) Suspected Sudden Infant Death Syndrome (SIDS) deaths.
(s) All deaths where the patient is comatose throughout the period of the physician’s
attendance. Includes patients admitted to hospitals unresponsive and expire without
regaining consciousness.
The body shall not be disturbed or moved from the position or place of death without permission
of the Medical Examiner.

360.2.2 SEARCHING DEAD BODIES

The Medical Examiner or Deputy Medical Examiner is generally the only person permitted to
search a body known to be dead from any of the circumstances set forth in Government Code §
27491. The only exception is that an officer is permitted to search the body of a person killed in a
traffic collision for the limited purpose of locating an anatomical donor card (Government Code §
27491.3). If such a donor card is located, the Medical Examiner or a designee shall be promptly
notified. Should exigent circumstances indicate to an officer that any search of a known dead body
is warranted prior to the arrival of the Medical Examiner or a designee; the investigating officer
shall first obtain verbal consent from the Medical Examiner or a designee (Government Code §
27491.2).
Whenever possible, a witness, preferably a relative to the deceased or a member of the household,
should be requested to remain at the scene with the officer pending the arrival of the Medical
Examiner or a designee. The name and address of this person shall be included in the narrative
of the death report.

360.2.3 DEATH NOTIFICATION

In Ventura County, the primary organization performing death notifications is the Medical
Examiner's Office. If not handled by the Medical Examiner's Office, notification to the next-of-kin
of the deceased person shall be made, in person, by the officer assigned to the incident. If the
next-of-kin lives in another jurisdiction, a law enforcement official from that jurisdiction shall be
requested to make the personal notification. If the relatives live outside this county, the Medical
Examiner may be requested to make the notification. The Medical Examiner needs to know if
notification has been made. Assigned detectives may need to talk to the next-of-kin.

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360.2.4 UNIDENTIFIED DEAD BODIES

If the identity of a dead body cannot be established after the Medical Examiner arrives, the Medical
Examiner's office will issue a "John Doe" or "Jane Doe" number for the report.

360.2.5 DEATH INVESTIGATION REPORTING

All incidents involving a death shall be documented on the appropriate form.

360.2.6 SUSPECTED HOMICIDE

If the initially assigned officer suspects that the death involves a homicide or other suspicious
circumstances, the Investigations Bureau shall be notified to determine the possible need for a
detective to respond to the scene for further immediate investigation.

360.2.7 EMPLOYMENT RELATED DEATHS OR INJURIES

Any member of this agency who responds to and determines that a death, serious illness,
or serious injury has occurred as a result of an accident at or in connection with the victim's
employment shall ensure that the nearest office of Cal-OSHA is notified by telephone immediately
or as soon as practicable with all pertinent information (8 CCR 342(b)). This information should
include the following:
(a) Date and time of accident/event
(b) Employer's name, address and telephone number
(c) Name and job title of the person reporting the accident
(d) Address of accident/event site
(e) Name of person to contact at accident/event site
(f) Name and address of injured employee(s)
(g) Nature of inuries
(h) Location where injured employee(s) was/taken for medical treatment
(i) List and identity of other law enforcement agencies present at the accident/event site
(j) Description of accident/event and whether the accident scene or instrumentality has been
altered

Information on the nearest Cal-OSHA office can be found at: http://www.dir.ca.gov/dosh/

360.2.8 HAZ-MAT/BODILY FLUID CLEAN-UP RESPONSIBILITIES

Public Areas - In the event of an accidental discharge of blood or other bodily fluids from a
medical issue occur, employees should contact Ventura County Fire Dispatch, who will in turn
notify Ventura County Environmental Health for clean-up.
In the event of a discharge of a small quantity (1' x 1' or less) of blood or other bodily fluids from
a police related incident occur, Oxnard Fire Department can perform the clean-up. If the area

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contaminated is larger, then officers should notify the Watch Commander so that an approved
vendor may be contacted to perform the clean-up. The name and phone number of approved
vendors is maintained in the Watch Commander's office, or can be obtained through Investigative
Services.
Private Areas - The owner of the private area should be provided the name and number of
vendors capable of providing clean-up services by the officer on scene. Vendor information may
be obtained from a supervisor or the Watch Commander.

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Identity Theft
362.1 PURPOSE AND SCOPE
Identity theft is a growing trend that frequently involves related crimes in multiple jurisdictions. This
policy is intended to provide guidelines for the reporting and investigation of such crimes.

362.2 REPORTING
(a) In an effort to maintain uniformity in reporting, officers presented with the crime of
identity theft (Penal Code § 530.5) shall initiate a crime report by observing the
following:
1. If the victim resides or does business within the jurisdiction of this department,
but the crime occurred in another jurisdiction, an identity theft report shall be
taken pursuant to Penal Code § 530.6. The report shall be taken as a "courtesy
report," so the report can be forwarded to the investigating jurisdiction. The victim
may be advised of the option of going directly to the agency having jurisdiction for
the investigation (e.g. the crime occurred in a neighboring city such as Ventura)
to avoid the processing delay of forwarding a report to the other agency.
2. If the crime occurred within the jurisdiction of this department, then the report
shall be taken in the same manner as all crime reports taken without regard to
where the victim resides or does business.
(b) While the crime of identity theft should be reported to the law enforcement agency
where the victim resides, officers of this department should investigate and report
crimes occurring within this jurisdiction which have resulted from the original identity
theft (e.g., the identity theft occurred elsewhere, but the credit card fraud occurred and
is reported in this jurisdiction).
(c) Officers should include all known incidents of fraudulent activity (e.g., credit card
number applied for in victim's name when the victim has never made such an
application).
(d) Officers should also cross-reference all known reports made by the victim (e.g., U.S.
Secret Service, credit reporting bureaus, U.S. Postal Service and DMV) with all known
report numbers.
(e) Following supervisory review and departmental processing, the initial report should
be forwarded to the appropriate detective for follow up investigation, coordination with
other agencies and prosecution as circumstances dictate.
(f) The reporting officer should inform victims of available theft resources such
as www.identitytheft.gov. & www.idtheftcenter.org. along with contact information for
the three credit bureaus.
(a) Experian: 1-888-397-3742 or at experian.com/fraud/center.html

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(b) Equifax: 1-800-525-6285 or at alerts.equifax.com

(c) TransUnion: 1-800-680-7289 or at transunion.com

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Private Persons Arrests

364.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance for the handling of private person's arrests made
pursuant to Penal Code § 837.

364.2 ADVISING PRIVATE PERSONS OF THE ARREST PROCESS

Penal Code § 836(b) expressly mandates that all officers shall advise victims of domestic violence
of the right to make a private person's arrest, including advice on how to safely execute such an
arrest. In all other situations, officers should use sound discretion in determining whether or not
to advise an individual of the arrest process.
(a) When advising any individual regarding the right to make a private person's arrest,
officers should refrain from encouraging or dissuading any individual from making such
an arrest and should instead limit advice to the legal requirements for such an arrest
as listed below.
(b) Private individuals should be discouraged from using force to effect a private person's
arrest, and absent immediate threat to their own safety or the safety of others, private
individuals should be encouraged to refer matters to law enforcement officials for
further investigation or arrest.

364.3 ARRESTS BY PRIVATE PERSONS

Penal Code § 837 provides that a private person may arrest another:
(a) For a public offense committed or attempted in his or her presence;
(b) When the person arrested has committed a felony, although not in his or her presence;
(c) When a felony has been in fact committed, and he or she has reasonable cause for
believing the person arrested has committed it.
Unlike peace officers, private persons may not make an arrest on suspicion that a felony has been
committed - the felony must in fact have taken place.

364.4 OFFICER RESPONSIBILITIES

Any officer presented with a private person wishing to make an arrest must determine whether or
not there is reasonable cause to believe that such an arrest would be lawful (Penal Code § 847).
(a) Should any officer determine that there is no reasonable cause to believe that a private
person's arrest is lawful, the officer should take no action to further detain or restrain
the individual beyond that which reasonably appears necessary to investigate the
matter, determine the lawfulness of the arrest and protect the public safety.

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1. Any officer who determines that a private person's arrest appears to be unlawful
should promptly release the arrested individual pursuant to Penal Code § 849(b)
(1). The officer must include the basis of such a determination in a related report.
2. Absent reasonable cause to support a private person's arrest or other lawful
grounds to support an independent arrest by the officer, the officer should
advise the parties that no arrest will be made and that the circumstances will be
documented in a related report.
(b) Whenever an officer determines that there is reasonable cause to believe that a private
person's arrest is lawful, the officer may exercise any of the following options:
1. Take the individual into physical custody for booking.
2. Release the individual pursuant to a Notice to Appear.
3. Release the individual pursuant to Penal Code § 849(b)(1).

364.5 REPORTING REQUIREMENTS

In all circumstances in which a private person is claiming to have made an arrest, officers shall
complete a narrative report regarding the circumstances and disposition of the incident. Relative
evidence will be photographed and collected, and all material witnesses will be located, identified,
and interviewed.

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Anti-Reproductive Rights Crimes Reporting

366.1 PURPOSE AND SCOPE
This policy shall establish a procedure for the mandated reporting of Anti-Reproductive Rights
Crimes (ARRC) to the Attorney General pursuant to the Reproductive Rights Law Enforcement
Act (Penal Code § 13775 et seq.).

366.2 DEFINITIONS
Penal Code § 423.2 provides that every person who, except a parent or guardian acting towards
his or her minor child or ward, commits any of the following acts shall be subject to the punishment
specified in Penal Code § 423.3:
(a) By force, threat of force, or physical obstruction that is a crime of violence, intentionally
injures, intimidates, interferes with, or attempts to injure, intimidate, or interfere with
any person or entity because that person or entity is a reproductive health services
client, provider, or assistant, or in order to intimidate any person or entity, or any class
of persons or entities, from becoming or remaining a reproductive health services
client, provider, or assistant.
(b) By force, threat of force, or physical obstruction that is a crime of violence, intentionally
injures, intimidates, interferes with, or attempts to injure, intimidate, or interfere with
any person lawfully exercising or seeking to exercise the First Amendment right of
religious freedom at a place of religious worship.
(c) By nonviolent physical obstruction, intentionally injures, intimidates, or interferes with,
or attempts to injure, intimidate, or interfere with, any person or entity because that
person or entity is a reproductive health services client, provider, or assistant, or in
order to intimidate any person or entity, or any class of persons or entities, from
becoming or remaining a reproductive health services client, provider or assistant.
(d) By nonviolent physical obstruction, intentionally injures, intimidates, or interferes with,
or attempts to injure, intimidate, or interfere with, any person lawfully exercising or
seeking to exercise the First Amendment right of religious freedom at a place of
religious worship.
(e) Intentionally damages or destroys the property of a person, entity, or facility, or
attempts to do so, because the person, entity, or facility is a reproductive health
services client, provider, assistant, or facility.
(f) Intentionally damages or destroys the property of a place of religious worship.

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366.3 REPORTING REQUIREMENTS TO THE ATTORNEY GENERAL

(a) Upon the receipt of the report of an ARRC, it shall be the responsibility of the employee
taking such a report to also complete an ARRC Data Collection Worksheet (BCIA
8371) in accordance with the instructions contained on such forms.
(b) The ARRC Data Collection Worksheet shall be processed with all related reports and
forwarded to the Investigative Services Bureau Commander.
(c) By the tenth day of each month, it shall be the responsibility of the Investigative
Services Bureau Commander or designee to ensure that a Summary Worksheet (BCIA
8370) is submitted to the Department of Justice Criminal Justice Statistics Center.
1. In the event that no ARRC(s) were reported during the previous month, a
Summary Worksheet shall be submitted to Department of Justice with an
indication that no such crimes were reported.
2. Any ARRC(s) reported in the Summary Worksheet shall be accompanied by a
copy of the related Data Collection Worksheet(s).

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Limited English Proficiency Services

368.1 PURPOSE AND SCOPE
Language barriers can sometimes inhibit or even prohibit individuals with limited English
proficiency (LEP) from gaining meaningful access to, or an understanding of important rights,
obligations and services. It is therefore the policy of this department to take all reasonable steps to
ensure timely and equal access to all individuals, regardless of national origin or primary language
(Title VI of the Civil Rights Act of 1964, § 601, 42 USC 2000d).

368.1.1 DEFINITIONS
Definitions related to this policy include:
Authorized Interpreter - Any employee who is bilingual and has successfully completed
department-prescribed interpreter training and is authorized to act as an interpreter or translator.
Bilingual - The ability to communicate in two languages fluently, including the ability to
communicate technical and law enforcement terminology. Bilingual includes a variety of skill
levels. For example, some bilingual individuals may be fluent enough to engage in direct
communications in a non-English language but insufficiently fluent to interpret or translate from
one language into another. For example, a bilingual individual, depending on his/her skill level,
could be utilized to communicate fluently in a non-English language but not to interpret between
two languages if he/she does not possess the specialized skills necessary to interpret between
two languages effectively. In order to be utilized to interpret or translate from one language into
another, an individual must possess the skill, training and demonstrated competence to do so.
For purposes of this policy, employees, in order to be identified as bilingual, must initially and
periodically demonstrate, through a procedure to be established by the Department, his/her level
of skill and competence such that the Department is able to determine the purposes for which an
employee's language skills may be used.
Interpretation - The act of listening to a communication in one language (source language) and
orally converting it to another language (target language) while retaining the same meaning.
Limited English Proficient (LEP) - Designates individuals whose primary language is not English
and who have a limited ability to read, write, speak or understand English. LEP individuals may be
competent in certain types of communication (e.g., speaking or understanding), but still be LEP
for other purposes (e.g., reading or writing). Similarly, LEP designations are context-specific: An
individual may possess sufficient English language skills to function in one setting but these skills
may be insufficient in other situations.
Translation - The replacement of written text from one language (source language) into an
equivalent written text (target language).

368.2 FOUR FACTOR ANALYSIS

Since there are potentially hundreds of languages department personnel could encounter, the
Department will utilize the four-factor analysis outlined in the Department of Justice LEP Guidance

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to Federal Financial Assistance Recipients available at the DOJ website in determining which
measures will provide reasonable and meaningful access to various rights, obligations, services
and programs to everyone. It is recognized that law enforcement contacts and circumstances will
vary considerably. This analysis therefore, must remain flexible and requires an ongoing balance
of the following four factors:
(a) The number or proportion of LEP individuals eligible to be served or likely to be
encountered by department personnel or who may benefit from programs or services
within the Department's jurisdiction or a particular geographic area.
(b) The frequency with which LEP individuals are likely to come in contact with department
personnel, programs or services.
(c) The nature and importance of the contact, program, information or service provided.
(d) The cost of providing LEP assistance and the resources available.
As indicated above, the intent of this analysis is to provide a balance that reasonably ensures
meaningful access by LEP individuals to critical services while not imposing undue burdens on
the Department or its personnel.
While this department will not discriminate against or deny any individual access to services, rights
or programs based upon national origin or any other protected interest or right, the above analysis
will be utilized to determine the availability and level of assistance provided to any LEP individual
or group.

368.2.1 IDENTIFICATION OF LEP INDIVIDUAL'S LANGUAGE

The Department will utilize all reasonably available tools when attempting to determine an LEP
individual's primary language in an effort to avoid misidentifying that language.

368.3 TYPES OF LEP ASSISTANCE AVAILABLE

Depending on the balance of the above four factors, this department will make every reasonable
effort to provide meaningful and timely assistance to LEP individuals through a variety of
services, where available. LEP individuals may elect to accept interpreter services offered by the
Department at no cost or choose to provide their own interpreter services at their own expense.
Department personnel should document in any related report whether the LEP individual elected to
use interpreter services provided by the Department or some other source. Department-provided
interpreter services may include, but are not limited to, the assistance methods described in this
section.

368.3.1 BILINGUAL PERSONNEL

Personnel utilized for LEP services need not be certified as interpreters, but must have
demonstrated, through established department procedures, a level of competence to ascertain
whether his/her language skills are best suited to monolingual communications, interpretation,
translation, or all or none of these functions.

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All personnel used for communication with LEP individuals must demonstrate knowledge of the
functions of an interpreter and the ethical issues involved when acting as a language conduit.
In addition, employees who serve as interpreters and/or translators must have demonstrated
competence in both English and the non-English language. When bilingual personnel from this
department are not available, personnel from other city departments who have the requisite
training may be requested.

368.3.2 WRITTEN FORMS AND GUIDELINES

This department will determine the most frequently used and critical forms and guidelines and
translate these documents into the languages most likely to be requested. The Department will
arrange to make these translated forms available to department personnel and other appropriate
individuals.

368.3.3 AUDIO RECORDINGS

The Department may develop audio recordings of information that is either important to or
frequently requested by LEP individuals for broadcast in a language most likely to be understood
by involved LEP individuals.

368.3.4 TELEPHONE INTERPRETER SERVICES

The Watch Commander and the Communications Manager will maintain a list of qualified
interpreter services. These services shall be available, with the approval of a supervisor, to assist
department personnel in communicating with LEP individuals via official cellular telephones.

368.3.5 COMMUNITY VOLUNTEERS AND OTHER SOURCES OF INTERPRETATION

Where competent bilingual department personnel or other city-certified staff are unavailable to
assist, responsible members of the community who have demonstrated competence in either
monolingual (direct) communication and/or in interpretation and translation (as noted in above)
may be called upon to assist in communication efforts. Sources for these individuals may
include neighboring police departments, university languages and linguistics departments, local
businesses, banks, churches, neighborhood leaders and school officials. Department personnel
should ensure that community members are able to provide unbiased assistance. The nature of
the contact and relationship between the LEP individual and the individual offering services must
be carefully considered (e.g., victim/suspect).
Except for exigent or very informal and non-confrontational circumstances, the use of an
LEP individual's bilingual friends or family members, particularly children, are generally not
recommended and department personnel shall make case-by-case determinations on the
appropriateness of using such individuals (for further guidance see: Section V(3) of the DOJ Final
Guidance available at the DOJ website).

368.4 LEP CONTACT SITUATIONS AND REPORTING

While all law enforcement contacts, services, and individual rights are important, this department
will utilize the four-factor analysis to prioritize language services so that they may be targeted
where they are most needed.

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Whenever any member of this department is required to complete a report or when other
documentation and interpretation or translation services are provided to any involved LEP
individual, such services should be noted in the related report.

368.4.1 RECEIVING AND RESPONDING TO REQUESTS FOR ASSISTANCE

In order to provide LEP individuals with meaningful access to police services when they are victims
of, or witnesses to, alleged criminal activity or other emergencies, this department has designated
its 9-1-1 lines as its top priority for language services. Department personnel will make every
reasonable effort to promptly accommodate such LEP individuals utilizing 9-1-1 lines through any
or all of the above resources.
While 9-1-1 calls shall receive top priority, reasonable efforts should also be made to
accommodate LEP individuals seeking routine access to services and information by utilizing the
resources listed in this policy.

368.4.2 EMERGENCY CALLS TO 9-1-1

When a 9-1-1 call-taker receives a call and determines that the caller is an LEP individual, the
call-taker should quickly determine whether sufficient information can be obtained to initiate an
appropriate emergency response. If language assistance is still needed, the language is known,
and a language-appropriate authorized interpreter is available in the Communications Center, the
call-taker should immediately connect the LEP caller to the interpreter.
If an appropriate authorized interpreter is not available, the call-taker will promptly connect the LEP
caller to the contracted telephonic interpretation service directly for assistance in completing the
call. Dispatchers will make every reasonable effort to dispatch a bilingual officer to the assignment,
if available.
The Oxnard Police Department will take reasonable steps and will work with the Department of
Human Resources to hire and develop in-house language capacity in the Communications Center
by hiring qualified personnel with specific language skills.

368.4.3 FIELD ENFORCEMENT AND INVESTIGATIONS

Field enforcement will generally include such contacts as traffic stops, pedestrian stops, serving
warrants and restraining orders, crowd/traffic control, and other routine field contacts which may
involve LEP individuals. The scope and nature of these activities and contacts will inevitably
vary. Department personnel must assess each situation to determine the need and availability
for translation services to all involved LEP individuals and utilize the methods outlined in Policy
Manaul § 368.3 to provide appropriate language assistance.
Although not every situation can be addressed in this policy, it is important that department
personnel are able to effectively communicate the reason for a contact, the need for information
and the meaning or consequences of any enforcement action taken with an LEP individual. It
would, for example, be meaningless to request consent to search if the person requesting is unable
to effectively communicate with an LEP individual.

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368.4.4 INVESTIGATIVE INTERVIEWS

In any situation where the translation of an interview may contain information that might
be used in a criminal trial, it is important to take certain steps to improve the chances of
admissibility. This includes interviews conducted during an investigation with victims, witnesses,
and suspects. In such situations, audio recordings of the interviews should be made when
reasonably possible. Identification and contact information for the interpreter (e.g., name, address)
should be documented so that the person can be subpoenaed for trial if necessary.
Any person selected as an interpreter and/or translator must have demonstrated competence
in both English and the non-English language involved and knowledge of the functions of an
interpreter that allows for correct and effective translation, and should not be a person with an
interest in the case. The person providing interpretation or translation services may be required
to establish the accuracy and trustworthiness of the interpretation or translation to the court.

368.4.5 CUSTODIAL INTERROGATIONS AND BOOKINGS

In an effort to ensure the rights of LEP individuals are protected during arrest and custodial
interrogation, this department places a high priority on providing competent interpretation during
such situations. It is further recognized that miscommunication during custodial interrogations may
have a substantial impact on the evidence presented in any related criminal prosecution. As such,
department personnel providing interpretation services or translated forms in these situations will
have demonstrated competence in interpretation/translation and make every reasonable effort to
accurately interpret/translate all communications with LEP individuals.
In order to ensure that translations during criminal investigations are documented accurately
and admissible as evidence, audio recordings of interrogations, victim interviews, and witness
interviews should be used whenever reasonably possible.
Employees providing interpretation or translation services shall also be aware of the inherent
communication impediments to gathering information from the LEP individual throughout the
booking process or any other situation in which an LEP individual is within the control of department
personnel. Medical screening questions are commonly used to elicit information on an individual's
medical needs, suicidal inclinations, presence of contagious diseases, potential illness, resulting
symptoms upon withdrawal from certain medications, or the need to segregate the arrestee from
other prisoners, therefore it is important for members of this department to make every reasonable
effort to provide effective language services in these situations.

368.4.6 COMPLAINTS
The Department shall ensure access to LEP persons who wish to file a complaint regarding the
discharge of department duties. The Department may do so by providing interpretation assistance
or translated forms to such individuals. If the Department responds to complaints filed by LEP
individuals, the Department shall attempt to communicate its response in an accessible manner.

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368.4.7 COMMUNITY OUTREACH

Community outreach programs and other such services offered by this department have become
increasingly recognized as important to the ultimate success of more traditional law enforcement
duties. As such, this department will continue to work with community groups, local businesses
and neighborhoods to provide equal access to such programs and services to LEP individuals
and groups.

368.5 TRAINING
In an effort to ensure that all personnel in public contact positions (or having contact with those
in custody) are properly trained, the Department may provide periodic training to personnel about
LEP policies and procedures, including how to access department-authorized telephonic and
in-person interpreters and other available resources. This training may be coordinated by the
Personnel and Training Sergeant.

368.6 INTERPRETERS AND TRANSLATORS

Department personnel who are called upon to interpret, translate, or provide other language
assistance will be trained annually on language skills competency (including specialized
terminology) and ethical considerations.
(a) Assessment: The Oxnard Police Department personnel identified as bilingual, who
are willing to act as authorized interpreters, will have their language skills assessed
by a professional interpreter using a structured assessment tool established by the
Personnel and Training Sergeant. Personnel found proficient in interpreting into and
from the target language will be placed conditionally on the authorized interpreters list.
(b) Training: All personnel conditionally placed on the authorized interpreter list must
successfully complete the prescribed interpreter training within one year. After
successful completion of interpreter training, the individual will be unconditionally
placed on the authorized interpreter list. To complete interpreter training successfully,
an interpreter must demonstrate proficiency in and ability to communicate information
accurately in both English and in the target language; demonstrate knowledge in both
languages of any specialized terms or phraseology and understand and adhere to the
interpreter role without deviating into other roles, such as counselor or legal advisor.
(c) Refresher course for authorized interpreters: Personnel who have been
unconditionally placed on the authorized interpreter list must receive refresher training
annually or they will be removed from the authorized interpreter list. The Personnel
and Training Unit shall be responsible for coordinating the annual refresher training
and will maintain a record of training that the interpreters have received.

368.7 SUPPLEMENTAL MATERIALS PROVIDED TO DEPARTMENT EMPLOYEES

The following materials will be made available to employees to assist in providing access and
service to LEP individuals:

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(a) A list of department employees who are bilingual, languages spoken, and contact and
shift information.
(b) A list of department-certified interpretation services, bilingual interpreters, languages
spoken and contact and availability information.
(c) The telephone number and access code of telephonic interpretation services.
(d) Language identification cards.
(e) Translated Miranda warning cards and other frequently used documents.
(f) Audio recordings/warnings that are developed in non-English languages.

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Language Line Translation Services

369.1 PURPOSE AND SCOPE
To outline procedures for securing necessary translation services for police contacts with persons
who do not speak English, and establish policy governing the proper use of the AT&T Language
Line Service.

369.2 POLICE-RELATED TRANSLATION SERVICES

When department personnel encounter the need for translation services for a legitimate police
interest, the situation should be handled as outlined in Policy Manual § 368. When bilingual
assistance is not otherwise available, personnel may use the AT&T Language Line Service for
translation assistance.

369.3 LANGUAGE LINE GENERAL INFORMATION

AT&T Language Line Service provides the Department with access to interpreters who speak
more than 140 languages. The service is available around-the-clock. By using a toll free number,
department personnel are connected to a skilled interpreter who is trained and experienced in
handling law enforcement situations. The current cost of the service is 94 cents per minute.
Personnel can initiate the call to the Language Line Service from a home, business or the station.

369.4 LANGUAGE LINE PROCEDURE

With the permission of the Watch Commander or field supervisor, Language Line Service may
be used to interview and obtain enough information from a victim to make a crime report or to
deal with other serious matters such as lost children. Personnel using this service shall keep use
of the service to a minimum. The service is not to be used to handle or explain civil matters; it
is intended for emergency services and criminal matters only. When there is no other bilingual
assistance available, personnel should:
(a) Present the person with the Language Identification Guide if their language is in
question. This card makes it possible for the person to point to his/her language so
the officer will know exactly what language to ask for when they call the Language
Line Service.
(b) After determining the language needed, call (800) 523-1786, provide the agency I.D.
number (901027) and name (Oxnard Police Department), followed by the employee's
four-digit ID number.
(c) It is best to use two phones connected to the same outgoing line. If that is not possible,
use a speaker phone if available, or a single phone passed back and forth at the
interpreter's prompt. Speaker phones are available for use in the patrol sergeants'
office.

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369.5 LANGUAGE LINE USE TIPS

(a) If it is not know which language to request, the representative will help.
(b) Provide the Interpreter specific questions to relay. Group thoughts or questions to help
the conversation flow quickly.
(c) Expect interpreted comments to run a bit longer than English phrases. Interpreters
convey meaning-for-meaning, not word-for-word. Concepts familiar to English
speakers often require explanation or elaboration in other languages and cultures.
(d) Interpreters identify themselves by first name and number only. For reasons of
confidentiality, they do not divulge either their full names or phone number.
(e) To hear a recorded demonstration of over-the-phone interpretation, call the AT&T
Language Line Service demonstration line at (800) 996-8808 or visit their website at
www.languageline.com.

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370 Oxnard PD Policy Manual

Communications with Persons with Disabilities

370.1 PURPOSE AND SCOPE
This policy provides guidance to members when communicating with individuals with disabilities,
including those who are deaf or hard of hearing, have impaired speech or vision, or are blind.

370.2 POLICY
It is the policy of the Oxnard Police Department to reasonably ensure that people with disabilities,
including victims, witnesses, suspects and arrestees have equal access to law enforcement
services, programs and activities. Members must make efforts to communicate effectively with
individuals with disabilities.
The Department will not discriminate against or deny any individual access to services, rights or
programs based upon disabilities.

370.2.1 INITIAL AND IMMEDIATE CONSIDERATIONS

Recognizing that various law enforcement encounters may be potentially volatile and/
or emotionally charged, department employees should remain alert to the possibility of
communication problems and exercise special care in the use of all gestures, and verbal and
written communication in an effort to minimize initial confusion and misunderstanding when
dealing with any individual(s) with known or suspected disabilities or communication impairments.

370.3 AMERICANS WITH DISABILITIES (ADA) COORDINATOR

The Chief of Police shall delegate certain responsibilities to an ADA Coordinator (28 CFR 35.107).
The ADA Coordinator shall be appointed by, and directly responsible, to the Administrative
Services Bureau Chief or the authorized designee.
The responsibilities of the ADA Coordinator shall include, but not be limited to:
(a) Working with the City regarding the Oxnard Police Department’s efforts to ensure
equal access to services, programs and activities.
(b) Developing reports, new procedures, or recommending modifications to this policy.
(c) Acting as a liaison with local disability advocacy groups or other disability groups
regarding access to department services, programs and activities.
(d) Ensuring that a list of qualified interpreter services is maintained and available to each
Watch Commander and Communications Manager. The list should include information
regarding the following:
1. Contact information
2. Availability

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(e) Developing procedures that will enable members to access auxiliary aids or services,
including qualified interpreters, and ensure the procedures are available to all
members.
(f) Ensuring signage is posted in appropriate areas, indicating that auxiliary aids are
available free of charge to people with disabilities.
(g) Ensuring appropriate processes are in place to provide for the prompt and equitable
resolution of complaints and inquiries regarding discrimination in access to department
services, programs and activities.

370.3.1 FAMILY AND FRIENDS OF DISABLED OR IMPAIRED INDIVIDUAL

While family and friends of a disabled or impaired individual may frequently offer to assist with
interpretation, employees should carefully consider the circumstances before relying on such
individuals. For example, children should not be relied upon except in emergency or critical
situations. Further, the nature of the contact and relationship between the disabled individual and
the individual offering services must be carefully considered (e.g., victim/suspect).

370.4 FACTORS TO CONSIDER

Because the nature of any law enforcement contact may vary substantially from one situation
to the next, members of this department should consider all information reasonably available to
them when determining how to communicate with an individual with a disability. Members should
carefully balance all known factors in an effort to reasonably ensure people who are disabled have
equal access to services, programs and activities. These factors may include, but are not limited to:
(a) Members should not always assume that effective communication is being achieved.
The fact that an individual appears to be nodding in agreement does not always mean
he/she completely understands the message. When there is any doubt, members
should ask the individual to communicate back or otherwise demonstrate their
understanding.
(b) The nature of the disability (e.g., deafness or blindness vs. hard of hearing or low
vision).
(c) The nature of the law enforcement contact (e.g., emergency vs. non-emergency,
custodial vs. consensual contact).
(d) The availability of auxiliary aids. The fact that a particular aid is not available does
not eliminate the obligation to reasonably ensure access. However, in an emergency,
availability may factor into the type of aid used.

370.4.1 RECEIVING AND RESPONDING TO REQUESTS FOR ASSISTANCE

In order to provide disabled and impaired individuals with meaningful access to law enforcement
services when they are victims of, or witnesses to, alleged criminal activity or other emergencies,
this department has designated its 911 lines as its top priority for assistance with such services.

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Department personnel will make every reasonable effort to promptly accommodate such disabled
and impaired individuals utilizing 911 lines through any or all of the above resources.
While 911 calls shall receive top priority, it is also important that reasonable efforts be made to
accommodate disabled and impaired individuals seeking more routine access to services and
information from this department.

370.4.2 CUSTODIAL INTERROGATIONS AND BOOKINGS

In an effort to ensure the rights of all disabled and impaired individuals are protected during
arrest and custodial interrogation, this department places a high priority on providing reasonable
communication assistance during such situations. It is further recognized that miscommunication
during custodial interrogations may have a substantial impact on the evidence presented in any
related criminal prosecution. As such, department personnel providing communication assistance
in these situations will make every reasonable effort to accurately and effectively communicate
with disabled or impaired individuals.
Employees providing such assistance shall also be aware of the inherent communication
impediments to gathering information from disabled or impaired individuals throughout the booking
process or any other situation in which a disabled or impaired individual is within the control
of department personnel. Medical screening questions are commonly used to elicit information
on individual's medical needs, suicidal inclinations, presence of contagious diseases, potential
illness, resulting symptoms upon withdrawal from certain medications, or the need to segregate
the arrestee from other prisoners, therefore it is important for this department to make every
reasonable effort to provide effective communication assistance in these situations.
(a) Individuals who require communication aids (e.g., hearing aids) should be permitted
to retain such devices while in custody.
(b) While it may present officer safety or other logistical problems to allow a physically
disabled individual to retain devices such as a wheel chair or crutches during a
custodial situation, the removal of such items will require that other reasonable
accommodations be made to assist such individuals with access to all necessary
services.
(c) Whenever a deaf or hearing impaired individual is detained or arrested and placed in
handcuffs, officers should consider, safety permitting, placing the handcuffs in front of
the body in order to allow the individual to sign or write notes.

370.4.3 FIELD ENFORCEMENT AND INVESTIGATIONS

Field enforcement will generally include such contacts as traffic stops, pedestrian stops, serving
warrants and restraining orders, crowd/traffic control and other routine field contacts which may
involve disabled or impaired individuals. The scope and nature of these activities and contacts
will inevitably vary, therefore the Department recognizes that it would be virtually impossible to
provide immediate access to complete communication services to every officer in the field. Each

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officer and/or supervisor must, however, assess each such situation to determine the need and
availability for communication assistance to any and all involved disabled or impaired individuals.
Although not every situation can be addressed within this policy, it is important that employees
are able to effectively communicate the reason for a contact, the need for information and the
meaning or consequences of any enforcement action taken with a disabled or impaired individual.
For example, it would be meaningless to verbally request consent to search if the officer is unable
to effectively communicate with a deaf individual.

370.4.4 COMMUNITY OUTREACH

The Oxnard Police Department will continue to work with community groups, local businesses and
neighborhoods to promote equal access to such programs and services to disabled individuals
and groups.

370.5 INITIAL AND IMMEDIATE CONSIDERATIONS

Recognizing that various law enforcement encounters may be potentially volatile and/or
emotionally charged, members should remain alert to the possibility of communication problems.
Members should exercise special care in the use of all gestures, and verbal and written
communication to minimize initial confusion and misunderstanding when dealing with any
individual with known or suspected disabilities.
In a non-emergency situation, when a member knows or suspects an individual requires
assistance to effectively communicate, the member shall identify the individual’s choice of auxiliary
aid or service.
The individual’s preferred communication method must be honored unless another effective
method of communication exists under the circumstances (28 CFR 35.160).
Factors to consider when determining whether an alternative method is effective include:
(a) The methods of communication usually used by the individual.
(b) The nature, length and complexity of the communication involved.
(c) The context of the communication.
In emergency situations involving an imminent threat to the safety or welfare of any person,
members may use whatever auxiliary aids and services that reasonably appear effective under
the circumstances. This may include, for example, exchanging written notes or using the services
of a person who knows sign language but is not a qualified interpreter, even if the person who is
deaf or hard of hearing would prefer a qualified sign language interpreter or another appropriate
auxiliary aid or service. Once the emergency has ended, the continued method of communication
should be reconsidered. The member should inquire as to the individual's preference and give
primary consideration to that preference.
If an individual who is deaf, hard of hearing or has impaired speech must be handcuffed while in
the custody of the Oxnard Police Department, consideration should be given, safety permitting,

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to placing the handcuffs in the front of the body to facilitate communication using sign language
or writing.

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372 Oxnard PD Policy Manual

Mandatory Employer Notification

372.1 PURPOSE AND SCOPE
The purpose of this policy is to describe the requirements and procedures to follow when a
public or private school employee (teacher and non-teacher) has been arrested under certain
circumstances.

372.2 POLICY
The Oxnard Police Department will meet the reporting requirements of California law to minimize
the risks to children and others.

372.3 MANDATORY SCHOOL EMPLOYEE ARREST REPORTING

In the event a school employee is arrested for any offense enumerated below, the Chief of Police
or his/her designee is required to report the arrest as follows.

372.3.1 ARREST OF PUBLIC SCHOOL TEACHER

In the event a public school teacher is arrested for any controlled substance offense enumerated
in Health and Safety Code § 11590 or Health and Safety Code § 11364, in so far as that section
relates to Health and Safety Code § 11054(d)(12), or for any of the offenses enumerated in Penal
Code § 290, Penal Code § 261(a) or Education Code § 44010, the Chief of Police or his/her
designee is mandated to immediately notify by telephone the superintendent of the school district
employing the teacher and to immediately give written notice of the arrest to the Commission on
Teacher Credentialing and to the superintendent of schools in the county where the person is
employed (Health and Safety Code § 11591; Penal Code § 291).

372.3.2 ARREST OF PUBLIC SCHOOL NON-TEACHER EMPLOYEE

In the event a public school non-teacher employee is arrested for any controlled substance offense
enumerated in Health and Safety Code § 11590 or Health and Safety Code § 11364, in so far
as that section relates to Health and Safety Code § 11054(d)(12), or for any of the offenses
enumerated in Penal Code § 290, Penal Code § 261(a) or Education Code § 44010, the Chief of
Police or his/her designee is mandated to immediately notify by telephone the superintendent of
the school district employing the non-teacher and to immediately give written notice of the arrest
to the governing board of the school district employing the person (Health and Safety Code §
11591; Penal Code § 291).

372.3.3 ARREST OF PRIVATE SCHOOL TEACHER

In the event a private school teacher is arrested for any controlled substance offense enumerated
in Health and Safety Code § 11590 or Health and Safety Code § 11364, in so far as that
section relates to Health and Safety Code § 11054(d)(12), or for any of the offenses enumerated
in Penal Code § 290 or Education Code § 44010, the Chief of Police or his/her designee is
mandated to immediately notify by telephone the private school authority employing the teacher

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and to immediately give written notice of the arrest to the private school authority employing the
teacher (Health and Safety Code § 11591; Penal Code § 291.1).

372.3.4 ARREST OF COMMUNITY COLLEGE INSTRUCTOR

In the event a teacher or instructor employed in a community college district school is arrested
for any controlled substance offense enumerated in Health and Safety Code § 11590 or Health
and Safety § 11364, in so far as that section relates to Health and Safety Code § 11054(d)(9),
or for any of the offenses enumerated in Penal Code § 290 or in Penal Code § 261(a)(1), the
Chief of Police or the authorized designee is mandated to immediately notify by telephone the
superintendent of the community college district employing the person, and shall immediately give
written notice of the arrest to the California Community Colleges Chancellor’s Office (Health and
Safety Code § 11591.5; Penal Code § 291.5).

372.4 ARREST OF PERSONS EMPLOYED IN COMMUNITY CARE FACILITIES

In the event an employee of a community treatment facility, a day treatment facility, a group home,
a short-term residential therapeutic program or a foster family agency is arrested for child abuse
(as defined in Penal Code § 11165.6) and the employee is free to return to work where children
are present, the investigating member shall notify the licensee of the charge of abuse (Health and
Safety Code § 1522.2).

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Biological Samples
374.1 PURPOSE AND SCOPE
This policy provides guidelines for the collection of biological samples from those individuals
required to provide samples upon conviction or arrest for certain offenses. This policy does not
apply to biological samples collected at a crime scene or taken from a person in conjunction with
a criminal investigation. Nor does it apply to biological samples from those required to register,
for example, sex offenders.

374.2 POLICY
The Oxnard Police Department will assist in the expeditious collection of required biological
samples from offenders in accordance with the laws of this state and with as little reliance on
force as practicable.

374.3 PERSONS SUBJECT TO DNA COLLECTION

Those who must submit a biological sample include (Penal Code § 296):
(a) A person, including a juvenile, upon conviction or other adjudication of any felony
offense.
(b) A person, including a juvenile, upon conviction or other adjudication of any offense if
the person has a prior felony on record.
(c) An adult arrested or charged with any felony.

374.4 PROCEDURE
When an individual is required to provide a biological sample, a trained employee shall obtain the
sample in accordance with this policy.

374.4.1 COLLECTION
The following steps should be taken to collect a sample:
(a) Verify that the individual is required to provide a sample pursuant to Penal Code §
296; Penal Code § 296.1.
(b) Verify that a biological sample has not been previously collected from the offender
by querying the individual’s criminal history record for a DNA collection flag or, during
regular business hours, calling the California Department of Justice (DOJ) designated
DNA laboratory. There is no need to obtain a biological sample if one has been
previously obtained.
(c) Use a DNA buccal swab collection kit provided by the California DOJ to perform the
collection and take steps to avoid cross contamination.

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374.5 USE OF FORCE TO OBTAIN SAMPLES

If a person refuses to cooperate with the sample collection process, officers should attempt to
identify the reason for refusal and seek voluntary compliance without resorting to using force.
Force will not be used in the collection of samples except as authorized by court order and only
with the approval of a supervisor. Methods to consider when seeking voluntary compliance include
contacting:
(a) The person’s parole or probation officer when applicable.
(b) The prosecuting attorney to seek additional charges against the person for failure to
comply or to otherwise bring the refusal before a judge.
(c) The judge at the person’s next court appearance.
(d) The person’s attorney.
(e) A chaplain.
(f) Another custody facility with additional resources, where an arrestee can be
transferred to better facilitate sample collection.
(g) A supervisor who may be able to authorize custodial disciplinary actions to compel
compliance, if any are available.
The supervisor shall review and approve any plan to use force and be present to document the
process.

374.5.1 VIDEO RECORDING

A video recording should be made anytime force is used to obtain a biological sample. The
recording should document all staff participating in the process, in addition to the methods and
all force used during the collection. The recording should be part of the investigation file, if any,
or otherwise retained in accordance with the department’s records retention schedule (15 CCR
1059).

374.5.2 CELL EXTRACTIONS

If the use of force includes a cell extraction, the extraction shall be video recorded, including audio.
Video shall be directed at the cell extraction event. The video recording shall be retained by the
Department for the length of time required by statute. Notwithstanding the use of the video as
evidence in a criminal proceeding, the tape shall be retained administratively (15 CCR 1059).

374.6 LEGAL MANDATES AND RELEVANT LAWS

California law provides for the following:

374.6.1 DOCUMENTATION RELATED TO FORCE

The Watch Commander shall prepare prior written authorization for the use of any force (15 CCR
1059). The written authorization shall include information that the subject was asked to provide
the requisite specimen, sample or impression and refused, as well as the related court order
authorizing the force.

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374.6.2 BLOOD SAMPLES

A blood sample should only be obtained under this policy when:
(a) The California DOJ requests a blood sample and the subject consents, or
(b) A court orders a blood sample following a refusal.
The withdrawal of blood may only be performed in a medically approved manner by health care
providers trained and qualified to draw blood. A California DOJ collection kit shall be used for this
purpose (Penal Code § 298(a); Penal Code § 298(b)(2)).

374.6.3 LITIGATION
The Chief of Police or authorized designee should notify the California DOJ’s DNA Legal Unit in
the event this department is named in a lawsuit involving the DNA Data Bank sample collection,
sample use or any aspect of the state’s DNA Data Bank Program.

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376 Oxnard PD Policy Manual

Chaplains
376.1 PURPOSE AND SCOPE
This policy establishes the guidelines for Oxnard Police Department chaplains to provide
counseling, spiritual, or emotional support to members of the Department, their families and
members of the public.

376.2 POLICY
The Oxnard Police Department shall ensure that department chaplains are properly appointed,
trained and supervised to carry out their responsibilities without financial compensation.

376.3 ELIGIBILITY
Requirements for participation as a chaplain for the Department may include, but are not limited to:
(a) Being above reproach, temperate, prudent, respectable, hospitable, able to teach, be
free from addiction to alcohol or other drugs, and excessive debt.
(b) Managing their households, families and personal affairs well.
(c) Having a good reputation in the community.
(d) Successful completion of an appropriate-level background investigation.
(e) A minimum of five years of successful counseling experience.
(f) Possession of a valid driver license.
(g) Must be ecclesiastically certified and/or endorsed, ordained, licensed or commisioned
by a recognized religious body.
The Chief of Police may apply exceptions for eligibility based on organizational needs and the
qualifications of the individual.

376.4 RECRUITMENT, SELECTION AND APPOINTMENT

The Oxnard Police Department shall endeavor to recruit and appoint only those applicants who
meet the high ethical, moral and professional standards set forth by this department.
All applicants shall be required to meet and pass the same pre-employment procedures as
department personnel before appointment.

Chaplain candidates shall successfully complete the following process prior to appointment as a
chaplain:
(a) Submit the appropriate written application.
(b) Include a recommendation from employers or volunteer programs.
(c) Interview with the [agencyHead] and the chaplain coordinator.
(d) Successfully complete an appropriate-level background investigation.

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(e) Complete an appropriate probationary period as designated by the [agencyHead].

Chaplains are volunteers and serve at the discretion of the [agencyHead]. Chaplains shall have
no property interest in continued appointment. However, if a chaplain is removed for alleged
misconduct, the chaplain will be afforded an opportunity solely to clear his/her name through a
liberty interest hearing, which shall be limited to a single appearance before the [agencyHead] or
the authorized designee.

376.5 IDENTIFICATION AND UNIFORMS

As representatives of the Department, chaplains are responsible for presenting a professional
image to the community. Chaplains shall dress appropriately for the conditions and performance
of their duties. Uniforms and necessary safety equipment will be provided for each chaplain.
Identification symbols worn by chaplains shall be different and distinct from those worn by
officers through the inclusion of "Chaplain" on the uniform..
Chaplains will be issued Oxnard Police Department identification cards, which must be
carried at all times while on-duty. The identification cards will be the standard Oxnard Police
Department identification cards, with the exception that “Chaplain” will be indicated on the cards.
Chaplains shall be required to return any issued uniforms or department property at the termination
of service.
Chaplains shall conform to all uniform regulations and appearance standards of this department.

376.6 CHAPLAIN COORDINATOR

The Chief of Police shall delegate certain responsibilities to a chaplain coordinator. The
coordinator shall be appointed by and directly responsible to the Administrative Services Bureau
Chief or the authorized designee.
The chaplain coordinator shall serve as the liaison between the chaplains and the Chief of
Police. The function of the coordinator is to provide a central coordinating point for effective
chaplain management within the Department, and to direct and assist efforts to jointly provide more
productive chaplain services. Under the general direction of the Chief of Police or the authorized
designee, chaplains shall report to the chaplain coordinator and/or Watch Commander.
The chaplain coordinator may appoint a senior chaplain or other designee to assist in the
coordination of chaplains and their activities.
The responsibilities of the coordinator or the authorized designee include, but are not limited to:
(a) Recruiting, selecting and training qualified chaplains.
(b) Conducting chaplain meetings.
(c) Establishing and maintaining a chaplain callout roster.
(d) Maintaining records for each chaplain.
(e) Tracking and evaluating the contribution of chaplains.

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(f) Maintaining a record of chaplain schedules and work hours.

(g) Completing and disseminating, as appropriate, all necessary paperwork and
information.
(h) Planning periodic recognition events.
(i) Maintaining liaison with other agency chaplain coordinators.
An evaluation of the overall use of chaplains will be conducted on an annual basis by the
coordinator.

376.7 DUTIES AND RESPONSIBILITIES

Chaplains assist the Department, its members and the community, as needed. Assignments of
chaplains will usually be to augment the Field Services Bureau . Chaplains may be assigned to
other areas within the Department as needed. Chaplains should be placed only in assignments
or programs that are consistent with their knowledge, skills, abilities and the needs of the
Department.
All chaplains will be assigned to duties by the chaplain coordinator or the authorized designee.
Chaplains may not proselytize or attempt to recruit members of the Department or the public
into a religious affiliation while representing themselves as chaplains with this department unless
the receving person has solicited spiritual guidance or teaching.If there is any question as to the
receiving person’s intent, chaplains should verify that the person is desirous of spiritual counseling
or guidance before engaging in such discussion.
Chaplains may not accept gratuities for any service or any subsequent actions or follow-up
contacts that were provided while functioning as a chaplain for the Oxnard Police Department.
This does not preclude a chaplain from accepting an honorarium for services provided outside
of his duties as a chaplain.

376.7.1 COMPLIANCE
Chaplains are volunteer members of this department, and except as otherwise specified within
this policy, are required to comply with the Volunteer Program Policy and other applicable policies.

376.7.2 OPERATIONAL GUIDELINES

(a) Generally, each chaplain will serve with Oxnard Police Department personnel a
minimum of eight hours per month.
(b) Chaplains shall be permitted to ride with officers during any shift and observe Oxnard
Police Department operations, provided the Watch Commander has been notified and
has approved the activity.
(c) Chaplains shall not be evaluators of members of the Department.
(d) In responding to incidents, a chaplain shall never function as an officer.
(e) When responding to in-progress calls for service, chaplains may be required to stand-
by in a secure area until the situation has been deemed safe.

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(f) Chaplains shall serve only within the jurisdiction of the Oxnard Police
Department unless otherwise authorized by the Chief of Police or the authorized
designee.
(g) Each chaplain shall have access to current department member rosters, addresses,
telephone numbers, duty assignments and other information that may assist in his/
her duties. Such information will be considered confidential and each chaplain will
exercise appropriate security measures to prevent distribution of the data.
(h) If any civil litigation arises out of the actions of a Chaplain acting in accordance with
this policy, the Chaplain shall be afforded the necessary legal assistance available to
any other part-time or full-time department personnel.

376.7.3 ASSISTING DEPARTMENT MEMBERS

The responsibilities of a chaplain related to department members include, but are not limited to:
(a) Assisting in making notification to families of members who have been seriously
injured or killed and, after notification, responding to the hospital or home of the
member.
(b) Visiting sick or injured members in the hospital or at home.
(c) Attending and participating, when requested, in funerals of active or retired members.
(d) Serving as a resource for members when dealing with the public in incidents, such
as accidental deaths, suicides, suicidal subjects, serious accidents, drug and alcohol
abuse and other such situations that may arise.
(e) Providing counseling and support for members and their families.
(f) Being alert to the needs of members and their families.

376.7.4 ASSISTING THE DEPARTMENT

The responsibilities of a chaplain related to this department include, but are not limited to:
(a) Assisting members in the diffusion of a conflict or incident, when requested.
(b) Responding to natural and accidental deaths, suicides and attempted suicides, family
disturbances and any other incident that in the judgment of the Watch Commander or
supervisor aids in accomplishing the mission of the Department.
(c) Responding to all major disasters, such as natural disasters, bombings and similar
critical incidents.
(d) Being on-call and, if possible, on-duty during major demonstrations or any public
function that requires the presence of a large number of department members.
(e) Attending department and academy graduations, ceremonies and social events and
offering invocations and benedictions, as requested.
(f) Participating in in-service training classes.
(g) Willingness to train others to enhance the effectiveness of the Department.

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376.7.5 ASSISTING THE COMMUNITY

The duties of a chaplain related to the community include, but are not limited to:
(a) Fostering familiarity with the role of law enforcement in the community.
(b) Providing an additional link between the community, other chaplain coordinators and
the Department.
(c) Providing liaison with various civic, business and religious organizations.
(d) Promptly facilitating requests for representatives or leaders of various denominations.
(e) Assisting the community in any other function as needed or requested.
(f) Making referrals in cases where specialized attention is needed or in cases that are
beyond the chaplain's ability to assist.

376.7.6 CHAPLAIN MEETINGS

All chaplains are required to attend scheduled meetings. Any absences must be satisfactorily
explained to the chaplain coordinator.

376.8 PRIVILEGED COMMUNICATIONS

Department chaplains shall be familiar with state evidentiary laws and rules pertaining to the limits
of the clergy-penitent, psychotherapist-patient and other potentially applicable privileges and shall
inform members when it appears reasonably likely that the member is discussing matters that are
not subject to privileged communications. In such cases, the chaplain should consider referring
the member to a non-department counseling resource.
No chaplain shall provide counsel to or receive confidential communications from any Oxnard
Police Department member concerning an incident personally witnessed by the chaplain or
concerning an incident involving the chaplain.

376.9 TRAINING
The Department will establish a minimum number of training hours and standards for department
chaplains. The training, as approved by the Training Sergeant, may include:
• Stress management
• Death notifications
• Symptoms of post-traumatic stress
• Burnout for members of law enforcement and chaplains
• Legal liability and confidentiality
• Ethics
• Responding to crisis situations
• The law enforcement family

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• Substance abuse
• Suicide
• Officer injury or death
• Sensitivity and diversity

376.9.1 ON-CALL POLICE CHAPLAINS

(a) As volunteers with his/her own personal and professional commitments, the Chaplains
are not mandated to be on-call ever day and/or at all hours. For purposes of requesting
a Chaplain for personal needs of a department or family member, or for a member of
the general public, a rotational on-call list will be established and maintained in the
Watch Commander's office.
(b) The call-out list will list all available Chaplains and his/her contact numbers in the order
in which he/she should be called upon, with a different Chaplain topping the list each
month. If the first Chaplain listed is unable to respond, then the next Chaplain should
be called until either an available Chaplain is reached, or the list is exhausted.
(c) If the list is exhausted, the Watch Commander should consider requesting a Chaplain
from another police or fire agency (PHPD, VCSO, OFD, VCFD, etc.).
(d) The on-duty Chaplain may be called on to assist public safety personnel in a variety
of situations, including but not limited to:
1. Death notifications and assistance;
2. Traffic collisions involving serious injury to provide comfort to the injured and
their families;
3. Attempted or potential suicide victims and/or families of victims;
4. Domestic Violence - In these situations a Chaplain may wish to respond to the
scene, make appointments for counseling or may make referrals as the need
may indicate.
(e) Chaplains will not be left alone at residences without the Watch Commander's
approval and the agreement of the Chaplain.
(f) Chaplains may be asked, but do so at their discretion, to:
1. Conduct funerals;
2. Perform weddings;
3. As requested, may participate in community functions, ceremonies and act as a
liaison between our agency and the community;

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4. Assist public safety personnel and the many people they contact in any other
function of the clergy profession as requested.
(g) The on duty Chaplain, when called out, will notify the on-scene commander of his
presence.
(h) If a Chaplain responds to a scene that they become aware of through channels other
than the Police Department, they shall call the Watch Commander and advise them
that they are responding.

376.9.2 EQUIPMENT
Equipment issued by the Department includes:

(a) Clip-on identification card.

(b) Identification card for badge case.
(c) Flat badge case with Chaplain's badge (May be purchased, if desired).
(d) Chaplain's badge.
(e) Chaplain's jacket.
(f) Flashlight with charger.
(g) Chaplain business cards.
(h) Radio (with chargers).
(i) Bullet resistant vest.
(j) Rain gear (w/ "Chaplain" lettering on front and back).
(k) One (1) regulation uniform with soft cap with gold strap and hat piece. (1 Long sleeve
shirt/1 Short sleeve shirt, with gold buttons and name tag). Pair of gold religious
emblems.

376.9.3 INTERNATIONAL CONFERENCE OF POLICE CHAPLAINS

The International Conference of Police Chaplains (ICPC) is the leading organization of police
chaplains throughout the world. Active membership in the ICPC allows police chaplains to remain
current on a variety of important issues and provides a network of valuable resources within the
law enforcement community. All Oxnard Police Department Chaplains will maintain membership
in good standing with the ICPC. All dues related to their ICPC membership will be paid for by
the department.

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Police Storefront Access

377.1 PURPOSE AND SCOPE
This policy is intended to establish standardized guidelines for the use of police storefronts.

377.1.1 DEFINITIONS
For the purposes of this policy, storefronts are defined as storefronts, drop-in centers, annexes,
and other facilities used by police personnel who are off-site from the station or .

377.1.2 REQUIREMENTS
All on-duty personnel shall advise communications when he/she is at any police storefront, and it
is to be so recorded in a CAD entry. In the uncommon event of off-duty personnel having reason
to stop in at a storefront, he/she shall notify the Watch Commander when arriving and leaving.

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Public Safety Camera System

378.1 PURPOSE AND SCOPE
This policy provides guidance for the placement and monitoring of department public safety video
surveillance, as well as the storage and release of the captured images.
This policy only applies to overt, marked public safety video surveillance systems operated by the
Department. It does not apply to mobile audio/video systems, body-worn cameras, covert audio/
video systems or any other image-capturing devices used by the Department.

378.2 POLICY
The Oxnard Police Department operates a public safety video surveillance system to complement
its anti-crime strategy, to effectively allocate and deploy personnel, and to enhance public safety
and security in public areas. Cameras may be placed in strategic locations throughout the City to
detect and deter crime, to help safeguard against potential threats to the public, to help manage
emergency response situations during natural and man-made disasters and to assist City officials
in providing services to the community.
Video surveillance in public areas will be conducted in a legal and ethical manner while recognizing
and protecting constitutional standards of privacy.

378.3 OPERATIONAL GUIDELINES

Only department-approved video surveillance equipment shall be utilized. Members authorized to
monitor video surveillance equipment should only monitor public areas and public activities where
no reasonable expectation of privacy exists. The Chief of Police or the authorized designee shall
approve all proposed locations for the use of video surveillance technology and should consult
with and be guided by legal counsel as necessary in making such determinations.

378.4 STORAGE AND RETENTION OF MEDIA

All downloaded media shall be stored in a secure area with access restricted to authorized
persons. A recording needed as evidence shall be copied to a suitable medium and booked into
evidence in accordance with established evidence procedures. All actions taken with respect to
retention of media shall be appropriately documented.
The type of video surveillance technology employed and the manner in which recordings are
used and stored will affect retention periods. The recordings should be stored and retained in
accordance with the Department's established records retention schedule. Prior to destruction,
written consent shall be obtained from the City Attorney. If recordings are evidence in any
claim filed or any pending litigation, they shall be preserved until pending litigation is resolved
(Government Code § 34090.6).

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378.5 RELEASE OF VIDEO IMAGES

All recorded video images gathered by the public safety video surveillance equipment are for the
official use of the Oxnard Police Department.
Requests for recorded video images from the public or the media shall be processed in the same
manner as requests for department public records.
Requests for recorded images from other law enforcement agencies shall be referred to the Watch
Commander for release in accordance with a specific and legitimate law enforcement purpose.
Recorded video images that are the subject of a court order or subpoena shall be processed in
accordance with the established department subpoena process.

378.6 VIDEO DATA AS EVIDENCE

Video data retained for evidentiary purposes shall only be reproduced for the purpose of
prosecution efforts. All copies shall be accounted for by the investigator responsible for maintaining
case records related to the video data.

378.7 PTZ CAMERA USAGE

(a) Any active, continual observation of an individual, employing PTZ cameras, shall be
done as the result of reasonable suspicion of their involvement in criminal activity.
(b) PTZ camera operators are responsible for protecting the public's right to privacy as
delineated by Department policies.
(c) PTZ camera operators are forbidden from looking at non-public areas and areas in
which there is a reasonable expectation of privacy.
(d) PTZ camera operations will be randomly audited for misuse violations.

378.8 POLICY VIOLATIONS

Unauthorized access or misuse of the system, unauthorized reproduction or distribution of system
images will result in disciplinary action.

378.9 VIDEO SURVEILLANCE AUDIT

The Chief of Police or the authorized designee will conduct an annual review of the public
safety video surveillance system. The review should include an analysis of the cost, benefit and
effectiveness of the system, including any public safety issues that were effectively addressed or
any significant prosecutions that resulted, and any systemic operational or administrative issues
that were identified, including those related to training, discipline or policy.
The results of each review shall be appropriately documented and maintained by the Chief of
Police or the authorized designee and other applicable advisory bodies. Any recommendations
for training or policy should be promptly addressed.

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378.10 TRAINING
All department members authorized to operate or access public video surveillance systems shall
receive appropriate training. Training should include guidance on the use of cameras, interaction
with dispatch and patrol operations and a review regarding relevant policies and procedures,
including this policy. Training should also address state and federal law related to the use of video
surveillance equipment and privacy.

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Child and Dependent Adult Safety

380.1 PURPOSE AND SCOPE
This policy provides guidelines to ensure that children and dependent adults are not left without
appropriate care in the event their caregiver or guardian is arrested or otherwise prevented from
providing care due to actions taken by members of this department (Penal Code § 833.2(a)).
This policy does not address the actions to be taken during the course of a child abuse or
dependent adult investigation. These are covered in the Child Abuse and Adult Abuse policies.

380.2 POLICY
It is the policy of this department to mitigate, to the extent reasonably possible, the stressful
experience individuals may have when their parent or caregiver is arrested. The Oxnard Police
Department will endeavor to create a strong, cooperative relationship with local, state and
community-based social services to ensure an effective, collaborative response that addresses
the needs of those affected, including call-out availability and follow-up responsibilities.

380.3 PROCEDURES DURING AN ARREST

When encountering an arrest or prolonged detention situation, officers should make reasonable
attempts to determine if the arrestee is responsible for children or dependent adults. In some
cases this may be obvious, such as when children or dependent adults are present. However,
officers should inquire if the arrestee has caregiver responsibilities for any children or dependent
adults who are without appropriate supervision. The following steps should be taken (Penal Code
§ 13517.7(b)(1)):
(a) Inquire about and confirm the location of any children or dependent adults.
(b) Look for evidence of children and dependent adults. Officers should be mindful that
some arrestees may conceal the fact that they have a dependent for fear the individual
may be taken from them.
(c) Consider inquiring of witnesses, neighbors, friends and relatives of the arrestee as to
whether the person is responsible for a child or dependent adult.
Whenever reasonably possible, officers should take reasonable steps to accomplish the arrest of
a parent, guardian or caregiver out of the presence of his/her child or dependent adult. Removing
children or dependent adults from the scene in advance of the arrest will generally ensure the
best outcome for the individual.
Whenever it is safe to do so, officers should allow the parent or caregiver to assure children or
dependent adults that they will be provided care. If this is not safe or if the demeanor of the parent
or caregiver suggests this conversation would be non-productive, the officer at the scene should
explain the reason for the arrest in age-appropriate language and offer reassurance to the child
or dependent adult that he/she will receive appropriate care.

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380.3.1 AFTER AN ARREST

Whenever an arrest is made, the officer should take all reasonable steps to ensure the safety of
the arrestee’s disclosed or discovered children or dependent adults.
Officers should allow the arrestee reasonable time to arrange for care of children and dependent
adults. Temporary placement with family or friends may be appropriate. However, any decision
should give priority to a care solution that is in the best interest of the child or dependent adult. In
such cases the following guidelines should be followed:
(a) Allow the person reasonable time to arrange for the care of children and dependent
adults with a responsible party, as appropriate.
1. Officers should consider allowing the person to use his/her cell phone to facilitate
arrangements through access to contact phone numbers, and to lessen the
likelihood of call screening by the recipients due to calls from unknown sources.
(b) Unless there is evidence to the contrary (e.g., signs of abuse, drug use, unsafe
environment), officers should respect the parent or caregiver’s judgment regarding
arrangements for care. It is generally best if the child or dependent adult remains
with relatives or family friends that he/she knows and trusts because familiarity with
surroundings and consideration for comfort, emotional state and safety are important.
1. Except when a court order exists limiting contact, the officer should attempt
to locate and place children or dependent adults with the non-arrested parent,
guardian or caregiver.
(c) Provide for the immediate supervision of children or dependent adults until an
appropriate caregiver arrives.
(d) Notify Child Protective Services or the Division of Aging and Adult Services, if
appropriate.
(e) Notify the field supervisor or Watch Commander of the disposition of children or
dependent adults.
If children or dependent adults are at school or another known location outside the household
at the time of arrest, the arresting officer should attempt to contact the school or other known
location and inform the principal or appropriate responsible adult of the caregiver’s arrest and of
the arrangements being made for the care of the arrestee’s dependent. The result of such actions
should be documented in the associated report.

380.3.2 DURING THE BOOKING PROCESS

During the booking process the arrestee shall be allowed to make additional telephone calls to
relatives or other responsible individuals as is reasonably necessary to arrange for the care of any
child or dependent adult. These telephone calls should be given as soon as practicable and are
in addition to any other telephone calls allowed by law (Penal Code § 851.5(c)).

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If an arrestee is unable to resolve the care of any child or dependent adult through this process,
a supervisor should be contacted to determine the appropriate steps to arrange for care. These
steps may include additional telephone calls or contacting a local, county or state services agency.

380.3.3 REPORTING
(a) For all arrests where children are present or living in the household, the reporting
member will document the following information:
1. Name
2. Sex
3. Age
4. Special needs (e.g., medical, mental health)
5. How, where and with whom or which agency the child was placed
6. Identities and contact information for other potential caregivers
7. Notifications made to other adults (e.g., schools, relatives)
(b) For all arrests where dependent adults are present or living in the household, the
reporting member will document the following information:
1. Name
2. Sex
3. Age
4. Whether he/she reasonably appears able to care for him/herself
5. Disposition or placement information if he/she is unable to care for him/herself

380.3.4 SUPPORT AND COUNSELING REFERRAL

If, in the judgment of the handling officers, the child or dependent adult would benefit from
additional assistance, such as counseling services, contact with a victim advocate or a crisis
telephone number, the appropriate referral information may be provided.

380.4 DEPENDENT WELFARE SERVICES

Whenever an arrestee is unwilling or incapable of arranging for the appropriate care of any
child or dependent adult, the handling officer should contact the appropriate welfare service or
other department-approved social service to determine whether protective custody is appropriate
(Welfare and Institutions Code § 305).
Only when other reasonable options are exhausted should a child or dependent adult be
transported to the police facility, transported in a marked patrol car or taken into formal protective
custody.

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Under no circumstances should a child or dependent adult be left unattended or without

appropriate care.

380.5 TRAINING
The Training Sergeant is responsible to ensure that all personnel of this department who may
be involved in arrests affecting children or dependent adults receive approved POST-approved
training on effective safety measures when a parent, guardian or caregiver is arrested (Penal
Code § 13517.7).

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382 Oxnard PD Policy Manual

Service Animals
382.1 PURPOSE AND SCOPE
The purpose of this policy is to provide the guidelines necessary to ensure the rights of individuals
who use service animals to assist with disabilities are protected in accordance with Title II of the
Americans with Disabilities Act of 1990 (ADA).

382.1.1 DEFINITIONS
Definitions related to this policy include:
Service animal - A dog that is trained to do work or perform tasks for the benefit of an individual
with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability.
The work or tasks performed by a service animal must be directly related to the individual's
disability (28 CFR 35.104; Health and Safety Code § 113903).
Service animal also includes a miniature horse if the horse is trained to do work or perform tasks
for people with disabilities, provided the horse is housebroken, is under the handler’s control, the
facility can accommodate the horse’s type, size and weight, and the horse’s presence will not
compromise legitimate safety requirements necessary for safe operation of the facility (28 CFR
35.136(i)).

382.2 POLICY
It is the policy of the Oxnard Police Department to provide services and access to persons with
service animals in the same manner as those without service animals. Department members shall
protect the rights of persons assisted by service animals in accordance with state and federal law.

382.3 IDENTIFICATION AND USE OF SERVICE ANIMALS

Some service animals may be readily identifiable. However, many do not have a distinctive
symbol, harness or collar.
Service animals may be used in a number of ways to provide assistance, including:
• Guiding people who are blind or have low vision.
• Alerting people who are deaf or hard of hearing.
• Retrieving or picking up items, opening doors or flipping switches for people who have
limited use of their hands, arms or legs.
• Pulling wheelchairs.
• Providing physical support and assisting with stability and balance.
• Doing work or performing tasks for persons with traumatic brain injury, intellectual
disabilities or psychiatric disabilities, such as reminding a person with depression to
take medication.
• Alerting a person with anxiety to the onset of panic attacks, providing tactile
stimulation to calm a person with post-traumatic stress disorder, assisting people with

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schizophrenia to distinguish between hallucinations and reality, and helping people

with traumatic brain injury to locate misplaced items or follow daily routines.

382.4 MEMBER RESPONSIBILITIES

Service animals that are assisting individuals with disabilities are permitted in all public facilities
and areas where the general public is allowed. Department members are expected to treat
individuals with service animals with the same courtesy and respect that the Oxnard Police
Department affords to all members of the public (28 CFR 35.136).

382.4.1 INQUIRY
If it is apparent or if a member is aware that an animal is a service animal, the individual generally
should not be asked any questions as to the status of the animal. If it is unclear whether an animal
meets the definition of a service animal, the member should ask the individual only the following
questions (28 CFR 35.136(f)):
• Is the animal required because of a disability?
• What task or service has the service animal been trained to perform?
If the individual explains that the animal is required because of a disability and has been trained to
work or perform at least one task, the animal meets the definition of a service animal and no further
questions as to the animal’s status should be asked. The individual should not be questioned
about his/her disability nor should the person be asked to provide any license, certification or
identification card for the service animal.

382.4.2 CONTACT
Service animals are not pets. Department members should not interfere with the important work
performed by a service animal by talking to, petting or otherwise initiating contact with a service
animal.

382.4.3 REMOVAL
If a service animal is not housebroken or exhibits vicious behavior, poses a direct threat to the
health of others, or unreasonably disrupts or interferes with normal business operations, an officer
may direct the handler to remove the animal from the premises. Barking alone is not a threat nor
does a direct threat exist if the person takes prompt, effective action to control the service animal
(28 CFR 35.136(b)).
Each incident must be considered individually and past incidents alone are not cause for excluding
a service animal. Removal of a service animal may not be used as a reason to refuse service to
an individual with disabilities. Members of this department are expected to provide all services as
are reasonably available to an individual with a disability, with or without a service animal.

382.4.4 COMPLAINTS
When handling calls of a complaint regarding a service animal, members of this department
should remain neutral and should be prepared to explain the ADA requirements concerning service

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animals to the concerned parties. Businesses are required to allow service animals to accompany
their handlers into the same areas that other customers or members of the public are allowed
(28 CFR 36.302).
Absent a violation of law independent of the ADA, officers should take no enforcement action
beyond keeping the peace. Individuals who believe they have been discriminated against as a
result of a disability should be referred to the Civil Rights Division of the U.S. Department of Justice
(DOJ).

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386 Oxnard PD Policy Manual

Off-Duty Law Enforcement Actions

386.1 PURPOSE AND SCOPE
The decision to become involved in a law enforcement action when off-duty can place an officer
as well as others at great risk and must be done with careful consideration. This policy is intended
to provide guidelines for officers of the Oxnard Police Department with respect to taking law
enforcement action while off-duty.

386.2 POLICY
Initiating law enforcement action while off-duty is generally discouraged. Officers should not
attempt to initiate enforcement action when witnessing minor crimes, such as suspected
intoxicated drivers, reckless driving or minor property crimes. Such incidents should be promptly
reported to the appropriate law enforcement agency.
Officers are not expected to place themselves in unreasonable peril. However, any sworn member
of this department who becomes aware of an incident or circumstance that he/she reasonably
believes poses an imminent threat of serious bodily injury or death, or significant property damage
may take reasonable action to minimize the threat.
When public safety or the prevention of major property damage requires immediate action, officers
should first consider reporting and monitoring the activity and only take direct action as a last
resort.

386.3 FIREARMS
Officers of this department may carry firearms while off-duty in accordance with federal regulations
and department policy. All firearms and ammunition must meet guidelines as described in the
department Firearms Policy. When carrying firearms while off-duty officers shall also carry their
department-issued badge and identification.
Officers should refrain from carrying firearms when the consumption of alcohol is likely or when
the need to carry a firearm is outweighed by safety considerations. Firearms shall not be carried
by any officer who has consumed an amount of an alcoholic beverage or taken any drugs
or medications or any combination thereof that would tend to adversely affect the officer’s senses
or judgment.

386.4 DECISION TO INTERVENE

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Off-Duty Law Enforcement Actions

386.4.1 INTERVENTION PROCEDURE

If involvement is reasonably necessary the officer should attempt to call or have someone else
call 9-1-1 to request immediate assistance. The dispatcher should be informed that an off-duty
officer is on-scene and should be provided a description of the officer if possible.
Whenever practicable, the officer should loudly and repeatedly identify him/herself as an Oxnard
Police Department officer until acknowledged. Official identification should also be displayed.

386.4.2 INCIDENTS OF PERSONAL INTEREST

Officers should refrain from handling incidents of personal interest, (e.g., family or neighbor
disputes) and should remain neutral. In such circumstances officers should call the responsible
agency to handle the matter.

386.4.3 CIVILIAN RESPONSIBILITIES

Civilian personnel should not become involved in any law enforcement actions while off-duty
except to notify the local law enforcement authority and remain at the scene, if safe and practicable.

386.4.4 OTHER CONSIDERATIONS

386.5 REPORTING
Any off-duty officer who engages in any law enforcement activity, regardless of jurisdiction, shall
notify the Watch Commander as soon as practicable. The Watch Commander shall determine
whether a report should be filed by the employee.
Officers should cooperate fully with the agency having jurisdiction in providing statements or
reports as requested or as appropriate.

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Chapter 4 - Patrol Operations

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400 Oxnard PD Policy Manual

Patrol Function
400.1 PURPOSE AND SCOPE
The purpose of this policy is to define the patrol function and address
intraorganizational cooperation and information sharing.

400.2 INFORMATION SHARING

To the extent feasible, all information relevant to the mission of the [Department/Office] should be
shared among all bureaus and specialized units on a timely basis. Members should be provided
with opportunities on a regular basis to share information during the daily [briefing]s and to attend
[briefing]s of other bureaus or specialized units.
Additionally, information should be shared with outside agencies and the public in conformance
with [department/office] policies and applicable laws. Members are encouraged to share
information with other units and bureaus.

400.3 CROWDS, EVENTS AND GATHERINGS

Officers may encounter gatherings of people, including but not limited to, civil demonstrations,
civic, social and business events, public displays, parades and sporting events. Officers should
monitor such events as time permits in an effort to keep the peace and protect the safety and rights
of those present. A patrol supervisor should be notified when it becomes reasonably foreseeable
that such an event may require increased monitoring, contact or intervention.
Officers responding to an event or gathering that warrants law enforcement involvement should
carefully balance the speech and association rights of those present with applicable public safety
concerns before taking enforcement action.
Generally, officers should consider seeking compliance through advisements and warnings for
minor violations and should reserve greater enforcement options for more serious violations or
when voluntary compliance with the law is not achieved.
Officers are encouraged to contact organizers or responsible persons to seek voluntary
compliance that may address relevant public safety/order concerns.
Officers should consider enforcement of applicable state and local laws, such as Penal Code
602.1 (obstructing or intimidating business operators), when the activity blocks the entrance or
egress of a facility or location and when voluntary compliance with the law is not achieved.

400.4 POLICY
The Oxnard Police Department provides patrol services 24 hours a day, seven days a week and
will prioritize responses to requests for emergency services using available resources to enhance
the safety of the public and [department/office] members.

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400.5 FUNCTION
Patrol will generally be conducted by uniformed officers in clearly marked law enforcement
vehicles in assigned jurisdictional areas of Oxnard. The function of patrol is to respond to calls
for assistance and reports of criminal activity, act as a deterrent to crime, enforce state and local
laws, identify community needs, provide support and assistance to the community and respond
to emergencies.
Patrol services include, but are not limited to:
(a) Responding to emergency calls for service.
(b) Apprehending criminal offenders.
(c) Providing mutual aid and assistance to other agencies for emergency and law
enforcement-related activities.
(d) Preventing criminal acts, traffic violations and collisions, maintaining public order and
discovering hazardous situations or conditions.
(e) Responding to reports of criminal and non-criminal acts.
(f) Responding to routine calls for service, such as public assistance or public safety.
(g) Carrying out crime prevention activities such as residential inspections, business
inspections and community presentations.
(h) Carrying out community oriented policing and problem-solving activities including the
application of resources to improve or resolve specific problems or situations and
contacting or assisting members of the public in a positive way.
(i) Directing and controlling traffic.

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401 Oxnard PD Policy Manual

Neighborhood Policing Team

401.1 PURPOSE AND SCOPE
To define purpose of the Neighborhood Policing Team (NPT), in addition to the the roles and
responsibilities of the Beat Coordinator, District Coordinator, and NPT Sergeant positions.

401.2 NEIGHBORHOOD POLICING TEAM

The purpose of the NPT is to serve as a progressive policing unit whose strategies place emphasis
on reducing crime, improving traffic safety, strengthening community partnerships, and increasing
neighborhood problem-solving. The NPT will place emphasis on crime prevention strategies, such
as looking for root causes to problems that contribute to crime and disorder.

401.3 ROLES AND RESPONSIBILITIES

The responsibilities of the Neighborhood Policing Team members are focused on Beat
Coordinators, District Coordinators, NPT Sergeants, and District Commanders. The
responsibilities for the positions are described in greater detail, below.

Beat Coordinator
The primary function of the Beat Coordinator, is to lead neighborhood-level problem-solving efforts
to address issues related to crime, traffic, and quality of life. The Beat Coordinator assignment
is designated for a Police Officer II classification. Beat Coordinators are selected in accordance
with section 1003 of the Oxnard Police Department’s Policy Manual.

The following describes what shall generally be expected of a Beat Coordinator:

• Having detailed knowledge of crime trends, traffic issues, and quality of life concerns
in the assigned beat.
• Applying Community Oriented Policing and Problem-Solving (COPPS) strategies to
beat and neighborhood problems.
• Communicating with the assigned Patrol Division beat team, and providing direction
to address beat and neighborhood problems.
• Delegating assignments to officers assigned to the beat.
• Identifying and addressing repeat call locations and high crime areas (“hotspots”), and
effectively applying solutions that identify the source of problems.
• Coordinating efforts to address traffic safety in the assigned beat.
• Identifying quality of life issues and safety issues, and ensure that they are promptly
addressed.

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• Identifying, communicating with, and maintaining partnerships with community

organizations, neighborhood leaders, schools, churches, property owners, and
businesses in the assigned beat.
• Facilitating intra-departmental communication to address crime patterns.
• Establishing and maintaining partnerships with other City departments and public
agencies.
• Coordinating / leading operations to address beat problems.
• Supporting, assisting, or coordinating efforts related to special events in the assigned
beat.
• Participating in crime prevention efforts and outreach within their beats.
• Employing a variety of outreach and communication methods to engage the
community, including effective use of social media.
• Contributing to the development of measurable goals, objectives, and priorities for the
beat.
• Providing feedback to District Coordinators and supervisors concerning beat officer
participation in problem-solving efforts.

District Coordinator
The primary function of the District Coordinator is to coordinate problem-solving efforts to address
issues related to crime, traffic, and quality of life within their assigned district, an area which
consists of a group of police beats. This is accomplished by providing instruction and direction
to assigned Beat Coordinators, beat officers, other Department units, other City departments,
outside agencies, as well as working with Oxnard residents and community groups.

This position is typically held by a Senior Police Officer (POIII), though a Police Officer II may
be assigned on a temporary basis if necessary. District Coordinators are appointed to their
assignment by the Field Services Bureau Chief.

The following describes what shall generally be expected of a District Coordinator:

• Having detailed knowledge of crime trends, traffic issues, and quality of life concerns
in the assigned district.
• Applying COPPS strategies to district-level problems.
• Leading the application of COPPS strategies to district problems.
• Providing direction to assigned Beat Coordinators.

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• Identifying and addressing repeat call locations and high crime areas (“hotspots”), and
effectively applying solutions that identify the source of problems.
• Coordinating efforts to address traffic safety in the assigned district.
• Identifying, communicating with, and maintaining partnerships with community
organizations, neighborhood leaders, schools, churches, property owners, and
businesses in the assigned district.
• Identifying and building trust with under-represented segments of the community.
• Collaborating with other districts to collectively address larger-scale problems.
• Working with the NPT sergeant(s) and beat coordinators to set measurable
goals,objectives, and priorities for the district and beats within it.
• Establishing and maintaining on-going communication with beat team members.
• Promoting the furtherance of neighborhood efforts to establish and maintain viable
neighborhood communication networks, such as neighborhood watch efforts.
• Supporting, assisting, or coordinating efforts related to special events in the assigned
district.
• Leading and participating in crime prevention efforts and outreach within the district.
• Employing a variety of outreach and communication methods to engage the
community, including effective use of social media.
• Ensuring that monthly district reports are completed.
• Assisting with the development of a leadership and training plan for Beat Coordinators,
as well as Department-wide COPPS training.
• Providing feedback to supervisors concerning beat officer participation in problem-
solving efforts.
• In the sergeant’s absence, completing staff work such as timesheets, managing the
team’s work schedule, and operating storefronts / drop-in centers.
• Periodically assisting with watch commander and field supervisory coverage, such as
during staff meeting days, or when a supervisor is not available.

Neighborhood Policing Team Sergeant

The primary function of a Neighborhood Policing Sergeant will be to lead and supervise a
designated group of officers who serve on the Neighborhood Policing Team.
A Neighborhood Policing Sergeant will supervise and coordinate citywide problem-solving efforts
to address issues related to crime, traffic, and quality of life. This is accomplished by providing

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direction to the assigned team, beat teams, other Department units, and working with other City
departments, outside agencies, community groups, and residents.

Neighborhood Policing Sergeants will have the following general responsibilities:

• Supervising the day-to-day operations of NPT officers.
• Applying COPPS strategies to beat problems across the City.
• Having knowledge of citywide crime trends, traffic issues, and quality of life concerns.
• Ensuring that repeat call locations and high crime areas (“hotspots”) are being
identified, and resources are being effectively allocated to address them.
• Establishing and maintaining partnerships with various community organizations and
stakeholders.
• Regularly attending neighborhood and community meetings / functions in support of
COPPS strategies and community partnerships.
• Promoting the furtherance of neighborhood efforts to establish and maintain viable
neighborhood communication networks, such as neighborhood watch programs.
• Participating in, and ensuring that crime prevention and public awareness efforts are
coordinated and effective.
• Ensuring that prompt efforts are being made to address resident concerns.
• Ensuring the involvement of other Department units in problem-solving efforts.
• Establishing and maintaining partnerships with other City departments and public
agencies.
• Promoting teamwork among Beat Coordinators and District Coordinators to address
shared problems.
• Evaluating the effectiveness of crime suppression efforts and community outreach
efforts.
• Ensuring that the NPT is being attentive to service call levels, assisting the Patrol
Division as needed.
• Providing feedback to other supervisors concerning beat officer participation in
problem-solving efforts.
• Ensuring that monthly district reports are completed.
• Identifying performance measures, goals, and objectives for COPPS efforts.
• Ensuring that Beat Coordinators and District Coordinators are meeting their
responsibilities, and working towards meeting performance objectives.

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• Ensuring that performance measures are met.

• Developing a leadership and training plan for Beat Coordinators and District
Coordinators, as well as Department-wide COPPS training.
• Completing staff work such as completing timesheets, managing the NPT work
schedule, and operating storefronts / drop-in centers.

401.4 NPT CHAIN OF COMMAND

The operational chain of command for the NPT is described below:
(a) Beat Coordinators are placed under the direction of the assigned District Coordinator.
(b) District Coordinators are placed under the direction of the assigned NPT sergeant.
(c) NPT Sergeants shall report to their assigned Patrol District Commanders.
(d) Patrol District Commanders report to the Field Services Bureau Chief, who in turn
reports to the Chief of Police.
One designated commander shall hold a collateral assignment as the Neighborhood Policing
Team Commander. This commander shall oversee programmatic aspects of the NPT, which are
described below.
Patrol District Commanders shall be responsible for overseeing the community policing and
problem-solving efforts within their assigned districts. They are also responsible for coordinating
efforts with the NPT Commander.

401.5 THE ROLE OF THE NEIGHBORHOOD POLICING COMMANDER

The role of the Neighborhood Policing Team Commander is to oversee the programmatic functions
of the NPT. The NPT Commander shall coordinate NPT-related efforts with other members of
the command staff, including the Patrol District Commanders, to ensure consistency in practices.
The NPT Commander may also have responsibilities for a policing district. Other responsibilities
include:
(a) Ensuring the development of policies and procedures related to the NPT.
(b) Tending to NPT programmatic functions that impact the entire strategy.
(c) Ensuring the development and maintenance of leadership and training plans for Beat
Coordinators and District Coordinators, as well as Department-wide COPPS training.
(d) Leading NPT strategy development.
(e) Coordinating special activities and programs.
(f) Providing regular reports to the Field Services Bureau Chief.

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402 Oxnard PD Policy Manual

Bias-Based Policing
402.1 PURPOSE AND SCOPE
This policy provides guidance to [department/office] members that affirms the Oxnard Police
Department 's commitment to policing that is fair and objective.
Nothing in this policy prohibits the use of specified characteristics in law enforcement activities
designed to strengthen the [department/office]’s relationship with its diverse communities
(e.g., cultural and ethnicity awareness training, youth programs, community group outreach,
partnerships).

402.1.1 DEFINITION
Definitions related to this policy include:
Bias-based profiling-An inappropriate reliance on factors such as race, ethnicity, national origin,
religion, sex, sexual orientation, economic status, age, cultural group, disability or affiliation with
any other similar identifiable group as a factor in deciding whether to take law enforcement action
or provide service.

402.2 POLICY
The Oxnard Police Department is committed to providing law enforcement services to the
community with due regard for the racial, cultural or other differences of those served. It is the
policy of this [department/office] to provide law enforcement services and to enforce the law
equally, fairly, objectively and without discrimination toward any individual or group.

402.3 BIAS-BASED POLICING PROHIBITED

Bias-based policing is strictly prohibited.
However, nothing in this policy is intended to prohibit an officer from considering protected
characteristics in combination with credible, timely and distinct information connecting a person or
people of a specific characteristic to a specific unlawful incident, or to specific unlawful incidents,
specific criminal patterns or specific schemes.

402.3.1 CALIFORNIA RELIGIOUS FREEDOM ACT

Members shall not collect information from a person based on religious belief, practice, affiliation,
national origin or ethnicity unless permitted under state or federal law (Government Code §
8310.3).
Members shall not assist federal government authorities (Government Code § 8310.3):
(a) In compiling personal information about a person’s religious belief, practice, affiliation,
national origin or ethnicity.
(b) By investigating, enforcing or assisting with the investigation or enforcement of any
requirement that a person register with the federal government based on religious
belief, practice, or affiliation, or national origin or ethnicity.

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402.4 MEMBER RESPONSIBILITIES

Every member of this [department/office] shall perform his/her duties in a fair and objective manner
and is responsible for promptly reporting any suspected or known instances of bias-based policing
to a supervisor. Members should, when reasonable to do so, intervene to prevent any biased-
based actions by another member.

402.4.1 REASON FOR DETENTION

Officers detaining a person shall be prepared to articulate sufficient reasonable suspicion to justify
a detention, independent of the individual's membership in a protected class. To the extent that
written documentation would otherwise be completed (e.g., arrest report, Field Interview (FI) card),
the involved officer should include those facts giving rise to the officer's reasonable suspicion or
probable cause for the detention, as applicable.
Nothing in this policy shall require any officer to document a contact that would not otherwise
require reporting.

402.4.2 REPORTING TRAFFIC STOPS

Each time an officer makes a traffic stop, the officer shall report any information as required in
Policy Manual § 500.

402.5 SUPERVISOR RESPONSIBILITIES

Supervisors should monitor those individuals under their command for compliance with this policy
and shall handle any alleged or observed violations in accordance with the Personnel Complaints
Policy.
(a) Supervisors should discuss any issues with the involved officer and his/her supervisor
in a timely manner.
1. Supervisors should document these discussions, in the prescribed manner.
(b) Supervisors should periodically review MAV recordings, portable audio/video
recordings, Mobile Digital Computer (MDC) data and any other available resource
used to document contact between officers and the public to ensure compliance with
the policy.
1. Supervisors should document these periodic reviews.
2. Recordings or data that capture a potential instance of bias-based policing
should be appropriately retained for administrative investigation purposes.
(c) Supervisors shall initiate investigations of any actual or alleged violations of this policy.
(d) Supervisors should take prompt and reasonable steps to address any retaliatory
action taken against any member of this [department/office] who discloses information
concerning bias-based policing.

402.6 TRAINING
Training on bias-based profiling and review of this policy should be conducted as directed by the
Personnel and Training Unit.

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(a) All sworn employees of this department will be scheduled to attend Peace Officer
Standards and Training (POST)-approved training on the subject of bias-based
profiling.
(b) Pending participation in such POST-approved training and at all times, all employees
of this department are encouraged to familiarize themselves with and consider racial
and cultural differences among members of this community.
(c) Each sworn employee of this department who received initial bias-based profiling
training will thereafter be required to complete an approved refresher course every five
years, or sooner if deemed necessary, in order to keep current with changing racial
and cultural trends (Penal Code § 13519.4(i)).

402.7 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE

The Professional Standards Bureau Commander and the Records Manager or the authorized
designee shall ensure that all data required by the Department of Justice (DOJ) regarding
complaints of racial bias against officers is collected and reported annually to DOJ (Penal Code
§ 13012; Penal Code § 13020).

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403 Oxnard PD Policy Manual

Bicycle Patrol
403.1 PURPOSE AND SCOPE
To establish operational guidelines for Oxnard Police Department's Bicycle Patrol Team.

403.2 TEAM STRUCTURE

(a) The Bicycle Patrol Team shall be structured as follows:
1. Commander.
2. Sergeant.
3. Coordinator.
4. Instructors.
5. Police Officers - Bike trained.
6. Reserve Police Officers - Bike trained.
(b) The Bicycle Patrol Team Commander will provide management and resource
allocation to the Team.
(c) The Bicycle Patrol Team Sergeant will be responsible for the coordination of projects
assigned to the Team and operational deployment.
(d) The Bicycle Patrol Team Coordinator will assist the Sergeant and will be responsible
for the assignment, maintenance, and upkeep of the equipment. The Coordinator will
also be responsible for arranging required training and performing other essential
tasks necessary for the efficient operation of the Team.
(e) The Bicycle Patrol Team Instructors will take direction from the Coordinator and assist
with facilitating bicycle patrol training, along with performing other essential tasks
necessary for the efficient operation of the Team.
(f) Upon selection to the Bicycle Patrol Team, police officers and reserve officers are
required to successfully complete a Department approved bicycle patrol course.

403.3 SELECTION PROCESS

(a) Bicycle Patrol Team Commander:
1. The Bicycle Patrol Team Commander will be selected and appointed by the Field
Services Bureau(FSB) Chief.
(b) Bicycle Patrol Team Sergeant:
1. The Bicycle Patrol Team Sergeant will be selected and appointed by the Bicycle
Patrol Team Commander, subject to the approval of the FSB Chief.
(c) Bicycle Patrol Team Coordinator:

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1. The Bicycle Patrol Team Sergeant and the Bicycle Patrol Team Commander
select the Bicycle Patrol Team Coordinator, subject to the approval of the FSB
Chief.
(d) Bicycle Patrol Team Instructor:
1. Each Bicycle Patrol Team Instructor will be selected by the Bicycle Patrol Team
Sergeant, subject to the approval of the Bicycle Patrol Team Commander.
(e) Bicycle Patrol Team Member - Minimum Qualifications:
1. Two years of paid law enforcement experience with at least one year with the
Oxnard Police Department (not applicable to reserve officers).
2. A willingness to work a flexible schedule, including overtime projects.
3. A willingness and ability to perform minor maintenance on assigned police patrol
bicycles.
4. Maintain a level of physical fitness that ensures the safe and effective operation
of a police bike.
(f) Announcement - Approximately one month prior to the start of the selection process,
notices announcing openings for Bicycle Patrol Team positions will be posted at the
station. The announcement will include:
1. A description of minimum qualifications.
2. A description of procedures to follow when applying for the appointment.
3. A deadline for the filing of applications, which should be at least two weeks prior
to the beginning of the selection process.
4. A description of the process by which applicants will be appointed.
(g) Selection Process:
1. The selection process may include a timed qualification ride.
2. An interview may be given to applicants by an oral panel or the Bicycle Patrol
Team Commander.
3. officer
(h) Post-Selection:
1. Upon selection to the Bicycle Patrol Team, the officer must successfully
complete a Department approved bicycle patrol course.
2. Upon selection to the Bicycle Patrol Team, the officer must successfully
complete scheduled re-qualification courses.

Officers that have successfully completed the POST-approved bicycle course independent of this
department (e.g., laterals, etc.) must still go through the selection process in order to be selected
to the Bicycle Patrol Team.

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403.4 STANDARDS AND TRAINING

Bicycle patrol is physically demanding. All bicycle patrol officers are expected to maintain a level
of physical fitness necessary to effectively carry out demands of bicycle patrol.
As a bench mark of the minimum levels of physical fitness necessary for bicycle patrol, bicycle
patrol officers need to be able to complete a twenty mile ride in a two hour period. Additionally,
bicycle patrol officers need to maintain their bicycle handling skills and must be able to maneuver a
police bicycle through various slow speed obstacle courses. Bicycle patrol officers that are unable
to meet the above described minimum levels of physical fitness and bicycle handling skills are
subject to being suspended from participating in bicycle patrol activities until proficiency can be
demonstrated.
Bicycle patrol officers are strongly encouraged to routinely engage in off-duty physical fitness
activities to maintain a level of physical fitness required to effectively perform the duties of bicycle
patrol.
Bicycle patrol officers shall not ride a marked police bicycle while off-duty unless approved by the
Bicycle Patrol Team Sergeant or Commander. Exceptions include official bicycle patrol events
and activities such as qualification rides, training rides, competitions, maintenance, and the like.
Any damage or concern must be documented and reported to the Bicycle Team Coordinator and/
or Bicycle Team Instructor(s). At the end of a bicycle patrol deployment, officers shall return the
bicycles to the locker, charge the bicycle battery, and tidy up the locker so as to maintain an
organized appearance.
Bicycle patrol officers shall not modify or outfit any police bicycle with any piece of equipment that
has not been officially approved by Bicycle Patrol Team Staff.
All bicycle patrol officers are required to wear the prescribed bicycle uniform set forth in Policy
Manual § 1046. While riding on-duty, bicycle patrol officers shall wear a helmet, gloves and
protective eye wear as part of their uniform.

(a) Helmets shall meet or exceed ANSI or Snell standards.

(b) Gloves shall protect the palms, have open fingertips and be all black in color.
(c) Eye wear shall have shatterproof lenses

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404 Oxnard PD Policy Manual

Briefing Training
404.1 PURPOSE AND SCOPE
Briefing provides an opportunity for important exchange between members and supervisors.
A supervisor generally will conduct briefing; however, officers may conduct briefing for training
purposes with supervisor approval.
Briefing should accomplish, at a minimum, the following basic tasks:

(a) Briefing officers with information regarding daily patrol activity, with particular attention
given to unusual situations and changes in the status of wanted persons, stolen
vehicles, and major investigations.
(b) Notifying officers of changes in schedules and assignments.
(c) Notifying officers of new Revision Orders.
(d) Reviewing recent incidents for training purposes.
(e) Providing training on a variety of subjects.

404.2 PREPARATION OF MATERIALS

The supervisor conducting Briefing is responsible for preparation of the materials necessary for
a constructive briefing. Supervisors may delegate this responsibility to a subordinate officer in his
or her absence or for training purposes.

404.3 BRIEFING TRAINING

As a guideline, briefing generally lasts no longer than 30 minutes total. Training should be held
during daily briefings and should generally take no more than 15 to 20 minutes of the total briefing.
Briefing training will be structured and distributed at the end of the previous month. All briefing
training shall be approved by the Personnel and Training Sergeant or any supervisor present
during the briefing.

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Mandated Patrol Overtime

405.1 PURPOSE AND SCOPE
Establish guidelines for mandating patrol overtime.

405.2 DEFINITIONS
Anticipated Overtime - Occurs when vacations, IOD, or training necessitates backfilling with
officers. This should be forecasted prior to the start of a patrol cycle.
Unanticipated Overtime - Occurs when posted overtime slots remain unfilled, and/or patrol staffing
levels drop due to unforeseen circumstances, such as injury or illnesses that occur up to 3 days
before the shift.

405.3 ANTICIPATED OVERTIME/BACKFILL

(a) Prior to the beginning of each patrol cycle (generally 2-3 weeks out), the scheduling
commander, or his/her designee, will evaluate the staffing levels.
(b) Overtime may be posted to ensure that all shifts are adequately staffed.
(c) Any overtime slots that are not staffed seven (7) days prior to the beginning of the cycle, the
watch commander, or his/her designee, will refer to the "Mandate List" and select eligible officers
to work the vacant shifts. Each time an officer is mandated to work a shift, the officer's name will
be moved to the bottom of the "Mandate List."
(d) Officers who volunteer to work posted patrol overtime shifts will receive credit for overtime
shifts worked. Their names will be moved to the bottom of the "Mandate List" each time they sign
up for a patrol overtime shift.
(e) The officer will be notified in accordance with Policy Manual 405.5 (see below).
(f) Officers must work their mandated shift or seek a replacement. The officer who works the
mandated shift will receive credit for working the hours.

405.4 UNANTICIPATED OVERTIME/BACKFILL

(a) The day shift watch commander, or his/her designee, will assess staffing levels up to 3 days
in advance to ensure that all patrol staffing positions are adequately filled.
(b) When staffing is below adequate levels, the watch commander, or his/her designee, will check
for posted and filled overtime slots.
(c) If the vacant positions are not filled, the watch commander, or his/her designee, will refer to
the "Mandate List" and select eligible officers to work the vacant slots.
(d) The officer will be notified in accordance with Policy Manual 405.5 (see below).
(e) Officers must work their mandated shift or seek a replacement. The officer who works the
mandated shift will receive credit for working the hours.

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(f) Except for in an emergency situation*, an unanticipated overtime shift will consist of a minimum
of eight hours.
*An emergency situation is defined as a situation that is out of the norm requiring immediate
staffing to ensure the public's safety and minimum staffing or in preparation of events requiring
additional resources. Emergency circumstances are usually temporary in nature and short in
duration. Should an emergency require prolonged attention, the Police Chief shall seek other
reasonable alternatives to overtime work as soon as practical.

405.5 UNANTICIPATED OVERTIME/HOLDOVER

(a) The on-duty watch commander may require officers to remain after their shift in order to ensure
adequate patrol staffing.
(b) Officers may be mandated after an attempt to seek volunteers.
(c) The determination to holdover an officer for the maximum allowable period will be based on
previous mandates and the "Mandate List." Also taken into consideration may be prior after-shift
commitments and regular days off.
(d) Holdover shifts will not cause the officer's name to be placed at the bottom of the "Mandate
List" unless the holdover shift is at least eight hours.

405.6 GENERAL FACTORS THAT AFFECT MANDATES

(a) The "Mandate List" will be established at the beginning of each patrol shift rotation and will
reset at the commencement of the next patrol shift rotation.
(b) The "Mandate List" will be available for review.
(c) The "Mandate List" will be based upon:
1. Eligible PO I/IIs and POIIIs assigned to the Field Services Bureau, and
2. Seniority in rank
(d) An officer may be mandated to work any shift on any of his/her regularly scheduled days off.
(e) Except in very limited circumstances, employees should have a minimum of eight hours off
between shifts.
(f) Officers will not be mandated to work a day that falls between two periods of previously
scheduled vacation days.
(g) Officers mandated to work will be notified via email, department-issued cellphone and personal
contact (if possible). The officer's supervisor will also be sent a copy of the email.
(h) Officers who, after receiving proper notification, fail to appear for a mandated overtime shift
without a valid reason will be subject to discipline.
(i) Except for in an emergency situation, no officer will be mandated for a shift unless the shift's
staffing level falls below the minimum.

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406 Oxnard PD Policy Manual

Crime and Disaster Scene Integrity

406.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance in handling a major crime or disaster.

406.2 POLICY
It is the policy of the Oxnard Police Department to secure crime or disaster scenes so that evidence
is preserved, and to identify and mitigate the dangers associated with a major crime or disaster
scene for the safety of the community and those required to enter or work near the scene.

406.3 SCENE RESPONSIBILITY

The first officer at the scene of a crime or major incident is generally responsible for the immediate
safety of the public and preservation of the scene. Officers shall also consider officer safety and
the safety of those persons entering or exiting the area, including those rendering medical aid to
any injured parties. Once an officer has assumed or been assigned to maintain the integrity and
security of the crime or disaster scene, the officer shall maintain the crime or disaster scene until
he/she is properly relieved by a supervisor or other designated person.

406.4 FIRST RESPONDER CONSIDERATIONS

The following list generally describes the first responder’s function at a crime or disaster scene.
This list is not intended to be all-inclusive, is not necessarily in order and may be altered according
to the demands of each situation:
(a) Broadcast emergency information, including requests for additional assistance and
resources.
(b) Provide for the general safety of those within the immediate area by mitigating,
reducing or eliminating threats or dangers.
(c) Locate or identify suspects and determine whether dangerous suspects are still within
the area.
(d) Provide first aid to injured parties if it can be done safely.
(e) Evacuate the location safely as required or appropriate.
(f) Secure the inner perimeter.
(g) Protect items of apparent evidentiary value.
(h) Secure an outer perimeter.
(i) Identify potential witnesses.
(j) Start a chronological log noting critical times and personnel allowed access.

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406.5 SEARCHES
Officers arriving at crime or disaster scenes are often faced with the immediate need to search for
and render aid to victims, and to determine if suspects are present and continue to pose a threat.
Once officers are satisfied that no additional suspects are present and/or there are no injured
persons to be treated, those exigent circumstances will likely no longer exist. Officers should
thereafter secure the scene and conduct no further search until additional or alternate authority
for the search is obtained, such as consent or a search warrant.

406.5.1 CONSENT
When possible, officers should seek written consent to search from authorized individuals.
However, in the case of serious crimes or major investigations, it may be prudent to also obtain
a search warrant. Consent as an additional authorization may be sought, even in cases where a
search warrant has been granted.

406.6 EXECUTION OF HEALTH ORDERS

Any sworn member of this department is authorized to enforce all orders of the local health officer
that have been issued for the purpose of preventing the spread of any contagious, infectious or
communicable disease (Health and Safety Code § 120155).

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Tactical Alert Plan

407.1 PURPOSE AND SCOPE
To establish a policy formalizing response levels to catastrophic incidents. This plan is a basis by
which patrol resources will be deployed in the event of a natural disaster or any incident declared
by the Chief of Police that warrants a tactical response.
To provide guidance and procedures for involved personnel.

407.2 METHOD
Due to the inherent nature of most catastrophic incidents such as an earthquake, flood, civil unrest,
or other major unusual occurrence, existing patrol resources are often diminished responding to
the event. Although the following procedures may not apply in all cases, once a "Tactical Alert"
has been declared by the Chief of Police or his designee, the Department will adjust normal field
service protocol to maximize the ability to handle the incident while maintaining a readiness to
handle other emergency situations that may occur simultaneously.

407.3

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408 Oxnard PD Policy Manual

Special Weapons and Tactics Team/Special

Enforcement Unit
408.1 PURPOSE AND SCOPE
The purpose of the Special Weapons and Tactics (SWAT) team is to provide specialized support
in handling critical field operations where intense negotiations and/or special tactical deployment
methods beyond the capacity of field officers appear to be necessary. This policy is written to
comply with the guidelines established in the Attorney General's Commission on Special Weapons
and Tactics (SWAT) Report (September 2002) and the POST 2005 SWAT Operational Guidelines
and Standardized Training Recommendations (Penal Code § 13514.1).

408.1.1 OPERATIONAL AND ADMINISTRATIVE POLICY

The Policy Manual sections pertaining to the SWAT Team are divided into Administrative
and Operational Policy and Procedures. Since situations that necessitate the need for such a
police response vary greatly from incident to incident and such events often demand on-the-
scene evaluation, the Operational Policy outlined in this manual section serves as a guideline
to department personnel allowing for appropriate on scene decision making as required. The
Administrative Procedures, however, are more restrictive and few exceptions should be taken.

408.2 TEAM STRUCTURE AND COMPOSITION

The Special Weapons and Tactics team will consist of 22 tactical members, organized as follows:
A team commander, of the rank of commander, two squad sergeants and two squads of one senior
officer and five police officers each. There will be an additional sergeant who will be responsible
for overseeing the collateral team and for providing supervisor relief as appropriate. The collateral
team will consist of at least six officers.
SWAT includes the Crisis Negotiations Team (CNT), which consists of a sergeant and six officers.
The officer positions may be staffed with POII's or POIII's since they are collateral assignments.

408.3 POLICY
It shall be the policy of this department to maintain a SWAT team and to provide the equipment,
staffing, and training necessary to maintain a SWAT team. The SWAT team should develop
sufficient resources to perform three basic operational functions:
(a) Command and Control
(b) Containment
(c) Entry/Apprehension/Rescue
It is understood it is difficult to categorize specific capabilities for critical incidents. Training needs
may vary based on the experience level of the team personnel, team administrators, and potential
incident commanders. Nothing in this policy shall prohibit individual teams from responding to

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a situation that exceeds their training levels due to the exigency of the circumstances. The
preservation of innocent human life is paramount.

408.3.1 POLICY CONSIDERATIONS

A needs assessment should be periodically conducted to determine the type and extent of SWAT
missions and operations appropriate to this department. The assessment should consider the
team's capabilities and limitations and should be reviewed annually by the SWAT Commander
or his/her designee.

408.3.2 ORGANIZATIONAL PROCEDURES

This department shall develop a separate written set of organizational procedures (set forth in the
SWAT Operations Manual) which should address, at minimum, the following:
(a) Locally identified specific missions the team is capable of performing.
(b) Team organization and function.
(c) Personnel selection and retention criteria.
(d) Training and required competencies.
(e) Procedures for activation and deployment.
(f) Command and control issues, including a clearly defined command structure.
(g) Multi-agency response.
(h) Out-of-jurisdiction response.
(i) Specialized functions and supporting resources.

408.3.3 OPERATIONAL PROCEDURES

This department shall develop a separate written set of operational procedures in accordance with
the determination of their level of capability, using sound risk reduction practices. The operational
procedures should be patterned after the California P.O.S.T. SWAT Operational Guidelines.
Because such procedures are specific to SWAT members and will outline tactical and officer
safety issues, they are not included within this policy. The operational procedures should include,
at minimum, the following:
(a) Designated personnel responsible for developing an operational or tactical plan prior
to, and/or during SWAT operations (time permitting).
1. All SWAT team members should have an understanding of operational planning.
2. SWAT team training should consider planning for both spontaneous and planned
events.
3. SWAT teams should incorporate medical emergency contingency planning as
part of the SWAT operational plan.

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(b) Plans for mission briefings conducted prior to an operation, unless circumstances
require immediate deployment.
1. When possible, briefings should include the specialized units and supporting
resources.
(c) Protocols for a sustained operation should be developed which may include relief,
rotation of personnel, and augmentation of resources.
(d) An operational plan to be worked through prior to initiating a tactical action as a
means of conducting a threat assessment to determine the appropriate response and
resources necessary, including the use of SWAT.
(e) The appropriate role for a trained negotiator.
(f) A warrant checklist used for determining whether or not a warrant should be regarded
as high-risk.
(g) A method for deciding how best to serve a high-risk warrant with all reasonably
foreseeable alternatives being reviewed in accordance with risk/benefit criteria prior
to selecting the method of response.
(h) Post incident scene management including:
1. Documentation of the incident.
2. Transition to investigations and/or other units.
3. Debriefing after every deployment of the SWAT team.
(a) After-action team debriefing provides evaluation and analysis of critical
incidents and affords the opportunity for individual and team assessments,
helps to identify training needs, and reinforces sound risk management
practices.
(b) Such debriefing should not be conducted until involved officers have
had the opportunity to individually complete necessary reports or provide
formal statements.
(c) In order to maintain candor and a meaningful exchange, debriefing will
generally not be recorded.
(d) When appropriate, debriefing should include specialized units and
resources.
(i) Sound risk management analysis.
(j) Standardization of equipment deployed.

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408.4 TRAINING NEEDS ASSESSMENT

The SWAT Commander shall conduct an annual SWAT Training needs assessment to ensure
that training is conducted within team capabilities, department policy, and the training guidelines
as established by POST 11 C.C.R. § 1081.

408.4.1 INITIAL TRAINING

SWAT team operators and SWAT supervisors/team leaders should not be deployed until
successful completion of the POST-certified Basic SWAT Course or its equivalent.
(a) To avoid unnecessary or redundant training, previous training completed by members
may be considered equivalent when the hours and content (topics) meet or exceed
department requirements or POST standardized training recommendations.

408.4.2 UPDATED TRAINING

Appropriate team training for the specialized SWAT functions and other supporting resources
should be completed prior to full deployment of the team.
SWAT team operators and SWAT supervisors/team leaders should complete update or refresher
training as certified by POST, or its equivalent, every 24 months.

408.4.3 SUPERVISION AND MANAGEMENT TRAINING

Command and executive personnel are encouraged to attend training for managing the SWAT
function at the organizational level to ensure personnel who provide active oversight at the scene
of SWAT operations understand the purpose and capabilities of the teams.
Command personnel who may assume incident command responsibilities should attend SWAT or
Critical Incident Commander course or its equivalent. SWAT command personnel should attend
a POST-certified SWAT commander or tactical commander course, or its equivalent.

408.4.4 SWAT ONGOING TRAINING

Training shall be coordinated by the SWAT Training Sergeant. The SWAT Training Sergeant
may conduct monthly training exercises that include a review and critique of personnel and
their performance in the exercise in addition to specialized training. Training shall consist of the
following:
(a) Each SWAT member shall perform a physical fitness test twice each year. A minimum
qualifying score must be attained by each team member.
(b) Any SWAT team member failing to attain the minimum physical fitness qualification
score will be notified of the requirement to retest and attain a qualifying score. Within
30 days of the previous physical fitness test date, the member required to qualify shall
report to a team supervisor and complete the entire physical fitness test. Failure to
qualify after a second attempt may result in dismissal from the team.
(c) Those members who are on vacation, ill, or are on light duty status with a doctor's note
of approval on the test date, shall be responsible for reporting to a team supervisor
and taking the test within 30 days of their return to regular duty. Any member, who

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fails to arrange for and perform the physical fitness test within the 30-day period, shall
be considered as having failed to attain a qualifying score for that test period.
(d) Quarterly, each SWAT team member shall perform the mandatory SWAT weapons
qualification course. The qualification course shall consist of the SWAT Basic Drill for
the weapon. Failure to qualify will require that officer to seek remedial training from a
department range master approved by the SWAT Commander. Team members who
fail to qualify must retest within 30 days. Failure to qualify within 30 days with or without
remedial training may result in dismissal from the team.

408.4.5 TRAINING SAFETY

Use of a designated safety officer shall be mandatory for all tactical training.

408.4.6 SCENARIO BASED TRAINING

SWAT teams should participate in scenario-based training that simulates the tactical operational
environment. Such training is an established method of improving performance during an actual
deployment.

408.4.7 TRAINING DOCUMENTATION

Individual and team training shall be documented and records maintained by the SWAT Training
Sergeant. Such documentation shall be maintained in each member's individual training file. The
SWAT training file shall be maintained with documentation and records of all team training.

408.4.8 JIM JENSEN TRAINING FACILITY

Use of the training room for any purpose must be approved by the Special Operations Commander
or designee, and requires the following:
(a) Reservation of the room on the Outlook calendar through the Special Operations
Division secretary.
(b) A sergeant or approved trainer shall be present during the training session. Approved
trainers will be selected based upon their training, experience, and teaching abilities.
Designees from the FTO program, Professional Standards, and Special Operations
will establish a list of approved trainers that will be maintained by the Personnel and
Training Sergeant.
(c) A certified Safety Officer as listed in Oxnard Police Department §312.5.2 shall be
present at all times during the training. The Special Operations Division will be
responsible for establishing and instructing periodic Safety Officer courses, and will
maintain the list of certified officers through the Personnel and Training Sergeant.
(d) Prior to training taking place, the sergeant or approved trainer and the safety officer
shall conduct a systematic walk through of the facility to ensure there are no safety
hazards, and to record any previously unreported damage. Any hazards or damage
that poses a safety threat will be addressed or repaired prior to the facilities use.

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(e) Upon completion of training, the sergeant or approved trainer will forward an email
or training report to the Personnel and Training Sergeant and the Special Operations
Commander. An email indicating the facilities use will be sufficient for impromptu or
short training sessions such as daily training for SWAT, or movement training following
squad briefing. Training that is more detailed should be documented in a training
report.
(f) The training room should remain locked when not in use. A key to the room will be
kept in the lockbox at the north end of the hallway, which also houses the Bearcat key.
The following safety procedures and guidelines shall be followed at all times:
(a) No loaded firearms or live ammunition allowed in the training room at any time.
(b) The facility will be used for training purposes only. Any other activities are prohibited.
(c) A supervisor or approved trainer and a safety officer must be present whenever
training is taking place.
(d) Signs indicating that training is in progress will be positioned outside of both doors
leading into the training room whenever training is in progress.
(e) Whenever simunition or other approved marking cartridges are being used, the doors
to the training room will remain locked and everyone inside of the room, including
observers, will wear face and/or eye protection as appropriate.
(f) The intentional damage to doors, windows, or any other equipment or materials in
the training room is prohibited without prior approval from the Special Operations
Commander.
(g) Any injuries or damage occurring in the training room must be reported to Professional
Standards and the Special Operations Commander within 24 hours of occurrence.
In the event of a serious injury, notification to the Watch Commander and Special
Operations Commander should occur immediately.

408.5 UNIFORMS, EQUIPMENT, AND FIREARMS

408.5.1 UNIFORMS
SWAT teams from this agency should wear uniforms that clearly identify team members as law
enforcement officers. It is recognized that certain tactical conditions may require covert movement.
Attire may be selected appropriate to the specific mission and is outlined in the SWAT Operations
Manual.

408.5.2 EQUIPMENT
SWAT teams from this agency should be adequately equipped to meet the specific mission(s)
identified by the agency.

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408.5.3 FIREARMS
Weapons and equipment used by SWAT, the specialized units, and the supporting resources
should be agency-issued or approved, including any modifications, additions, or attachments.

408.6 MANAGEMENT/SUPERVISION OF SWAT TEAM

The Commander of the SWAT Team shall be selected by the Chief of Police upon
recommendation of staff.

408.6.1 PRIMARY UNIT MANAGER

Under the direction of the Chief of Police, through the Field Services Bureau Chief, the SWAT
Team shall be managed by a Commander.

408.6.2 TEAM SUPERVISORS

The Crisis Negotiations Team (CNT) and each of the two (2) SWAT team squads will be supervised
by a sergeant.
The team supervisors shall be selected by the Chief of Police upon specific recommendation by
staff and the SWAT Commander.
The following represent the supervisor responsibilities for the SWAT Team.

(a) The CNT supervisor's primary responsibility is to supervise the operations of the HNT
which will include deployment, training, first line participation, and other duties as
directed by the SWAT Commander.
(b) The SWAT team supervisor's primary responsibility is to supervise the operations of
their squad, which will include deployment, training, first line participation, and other
duties as directed by the SWAT Commander.

408.7 CRISIS NEGOTIATION TEAM ADMINISTRATIVE PROCEDURES

The Crisis Negotiation Team has been established to provide skilled verbal communicators who
may be utilized to attempt to de-escalate and effect surrender in critical situations where suspects
have taken hostages, barricaded themselves, or have suicidal tendencies.
The following procedures serve as directives for the administrative operation of the Crisis
Negotiation Team.

408.7.1 SELECTION OF PERSONNEL

The selection of all SWAT personnel, including negotiators, will be made pursuant to the procedure
set forth in the SWAT Operations Manual.

408.7.2 TRAINING OF NEGOTIATORS

Those officers selected as members of the CNT should attend the Basic Negotiators Course as
approved by the Commission on Peace Officer Standards and Training (POST) prior to primary

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use in an actual crisis situation. Untrained officers may be used in a support or training capacity.
Additional training will be coordinated by the team supervisor.
A minimum of one training day per quarter will be required to provide the opportunity for role
playing and situational training necessary to maintain proper skills. This will be coordinated by
the team supervisor.
Continual evaluation of a team member's performance and efficiency as it relates to the positive
operation of the unit shall be conducted by the team supervisor. Performance and efficiency levels,
established by the team supervisor, will be met and maintained by all team members. Any member
of the CNT who performs or functions at a level less than satisfactory shall be subject to dismissal
from the unit.

408.8 OPERATIONAL GUIDELINES FOR SWAT TEAM

The following procedures serve as guidelines for the operational deployment of the SWAT Team.
Generally, the Special Weapons and Tactics Team and the Crisis Negotiation Team will be
activated together. It is recognized, however, that a tactical team may be used in a situation
not requiring the physical presence of the Hostage Negotiation Team such as warrant service
operations. This shall be at the discretion of the SWAT Commander.

408.8.1 APPROPRIATE SITUATIONS FOR USE OF THE SWAT TEAM

(a) The following are examples of incidents which may result in the activation of the SWAT
Team:
1. Barricaded persons.
2. Hostage situations.
3. Snipers.
4. Major crowd and riot control.
5. Any situation, which by its nature is likely to result in a hostile confrontation with
officers such as in the execution of a search warrant or arrest warrant where the
probability of a violent response exists.
(b) In addition to high-risk operations, SWAT will also handle certain anticipated situations
such as:
1. VIP security and personal protection.
2. Tactical training of non-SWAT personnel.
3. Any situation where SWAT capabilities may enhance the ability of the
Department to preserve life, maintain social order, and ensure protection of
property.
4. Area searches involving armed suspects.

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408.8.2 OUTSIDE AGENCY REQUESTS

The SWAT team's primary responsibility is to the City of Oxnard, however, it is available to
requests for assistance from other police agencies, and will make every effort to honor all
requests. The below listed policy is in regards to requests for deployment of the SWAT team for
tactical operations. Requests for assistance for non-tactical situations will be handled pursuant to
departmental mutual aid policy.
(a) The Chief of Police of the requesting agency must approve an advance request from
an outside agency for tactical operation assistance.
1. Emergency requests may be made by the outside agency's Watch Commander.
2. Chief of Police approval is not required for requests from the Port Hueneme
Police Department when there exists an agreement between the Chief of Police
from each agency that the Oxnard Police Department will routinely handle Port
Hueneme SWAT responses. Requests pursuant to such a standing agreement
will follow general callout procedures.
(b) The Oxnard Police Department Chief of Police, or duty chief, must approve the
request.
(c) Requesting agencies are to be advised that requests are categorized as either primary
or secondary assistance.
(d) Primary assistance are those situations where the Oxnard PD SWAT team is given
total responsibility to neutralize a situation, and everything within the inner perimeter
is controlled by this department only.
(e) 1. The OPD SWAT Commander has tactical command of the incident.
2. The SWAT Commander will consult with the requesting agency's incident
commander. If agreement as to tactics is not reached, the SWAT team will not
assist.
(f) Secondary assistance is where the SWAT team is requested to augment or
otherwise assist the requesting agency's SWAT team. The requesting agency retains
responsibility for the operation and its resolution. An example might be using Oxnard
PD SWAT to establish an inner or outer perimeter or to provide negotiator or long rifle
relief for protracted incidents, while the requesting agency's team handles all other
duties.
1. The SWAT commander will make every effort to provide the resources
requested and deploy them in the manner requested.
2. In the event that such request violates Oxnard Police Department or SWAT
team policy, the SWAT Commander will so advise the requesting agency and if
necessary withdraw Oxnard PD personnel.

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Special Weapons and Tactics Team/Special Enforcement Unit

408.8.3 MULTI-JURISDICTIONAL SWAT OPERATIONS

The SWAT team, including relevant specialized units and supporting resources, should develop
protocols, agreements, MOU's, or working relationships to support multi-jurisdictional or regional
responses.
(a) If it is anticipated that multi-jurisdictional SWAT operations will regularly be conducted;
SWAT multi-agency and multi-disciplinary joint training exercises are encouraged.
(b) Members of the Oxnard Police Department SWAT team shall operate under the
policies, procedures, and command of the Oxnard Police Department when working
in a multi-agency situation.

408.8.4 MOBILIZATION OF SWAT TEAM

The on-scene supervisor shall make a request to the Watch Commander for the SWAT Team.
The Watch Commander shall then notify the SWAT Commander. If unavailable, a team supervisor
shall be notified. A current mobilization list shall be maintained in the Watch Commander's office
by the SWAT Commander. (SWAT Team members will be in an "on-call" status while off-duty
on their workdays and at other times as additionally assigned. They will be compensated with
standby pay and are required to remain within the County of Ventura and in a condition to rapidly
respond back to duty if summoned.) The Watch Commander will then notify the Field Services
Bureau Chief as soon as practical.
The Watch Commander should advise the SWAT Commander with as much of the following
information which is available at the time:
(a) The number of suspects, known weapons, and resources.
(b) If the suspect is in control of hostages.
(c) If the suspect is barricaded.
(d) The type of crime involved.
(e) If the suspect has threatened or attempted suicide.
(f) The location of the command post and a safe approach to it.
(g) The extent of any perimeter and the number of officers involved.
(h) Any other important facts critical to the immediate situation and whether the suspect
has refused an order to surrender.
The SWAT Commander or supervisor shall then call selected officers to respond.

408.8.5

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408.8.6 ON-SCENE COMMAND RESPONSIBILITIES

Upon arrival of the SWAT team at the scene, the Incident Commander shall brief the SWAT
Commander and team supervisors about the situation. Upon review, it will be the Incident
Commander's decision, with input from the SWAT Commander, whether to deploy the SWAT
team. Once the Incident Commander authorizes deployment, the SWAT Commander will be
responsible for the tactical portion of the operation. The Incident Commander shall continue
supervision of the command post operation, outer perimeter security, and support for the SWAT
team. The Incident Commander and the SWAT Commander (or his/her designee) shall maintain
communications at all times.

408.8.7 COMMUNICATION WITH SWAT OR CNT PERSONNEL

All of those persons who are not SWAT or CNT personnel should refrain from any non-emergency
contact or interference with any member of the unit during active negotiations. Operations require
the utmost in concentration by involved personnel and, as a result, no one should interrupt or
communicate with SWAT or CNT personnel directly. All non-emergency communications shall be
channeled through the Incident Commander or his/her designee.

408.9 SPECIAL ENFORCEMENT UNIT (SEU)

The Special Enforcement Unit is the full-time component of SWAT and their primary focus will
be working uniformed gang enforcement (UGE). The SEU will be composed of two SWAT squad
sergeants and sixofficers from each squad. Two of these officer positions are authorized as senior
officer positions. Generally, deployment will be in the form of two squads, staffed as directed by
the SWAT Commander.

408.9.1 SEU DUTIES

(a) Gang enforcement. SEU will work closely with the gang investigators and the gang
analyst in tracking gang trends, tracking individual gang members, compiling gang
intelligence, and providing the Police Department's primary response to the gang
problem.

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(b) Surveillance of known offenders or high crime areas. SEU will avail itself to other
departmental units for the purpose of plainclothes surveillance.
(c) Specialized enforcement. SEU will avail itself to other departmental units for the
purpose of saturation patrol, arrest of wanted persons, or other enforcement
assistance in uniform or plainclothes.
(d) Tactical response. SEU will answer requests from other units for tactical assistance,
whether or not in the form of a SWAT callout. Whenever possible, SEU personnel
will assist patrol in handling calls that present an increased level of risk to responding
officers.
(e) Training. SEU will provide periodic tactical and officer safety related training to the
entire department.

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410 Oxnard PD Policy Manual

Ride-Along Policy
410.1 PURPOSE AND SCOPE
The Ride-Along Program provides an opportunity for members of the public to experience the
law enforcement function first hand. This policy provides the requirements, approval process, and
hours of operation for the Ride-Along Program.

410.1.1 ELIGIBILITY
The Oxnard Police Department Ride-Along Program is offered to family members of Department
employees, residents, students, and those employed within the city. Every attempt will be made
to accommodate interested persons, however, any applicant may be disqualified without cause.
The following factors may be considered in disqualifying an applicant and are not limited to:
(a) Being under 15 years of age.
(b) Prior criminal history.
(c) Pending criminal action.
(d) Pending lawsuit against the Department.
(e) Denial by any supervisor.

410.1.2 AVAILABILITY
The Ride-Along Program is available on any day of the week, typically between the hours of 6:00
a.m. and 2:00 a.m., with certain exceptions established by the Watch Commander.

410.2 PROCEDURE TO REQUEST A RIDE-ALONG

Generally, ride-along requests will be scheduled by the Front Desk CSO. The participant will
complete a Ride-Along Application. Information requested will include a valid ID or California
driver's license, address, and telephone number. If the participant is under 18 years of age, a
parent/guardian must be present to complete the Ride-Along Application. The on-duty Watch
Commander will review and approve/deny applications.
The Front Desk CSO will schedule a date, based on availability, at least one week after the date
of application. A copy will be forwarded to the respective Watch Commander as soon as possible
for his/her scheduling considerations.
If the ride-along is denied after the request has been made, a representative of the Department
will contact the applicant and advise him/her of the denial.

410.2.1 PROGRAM REQUIREMENTS

Once approved, civilian ride-alongs will be allowed to ride no more than once every six months.
An exception would apply to the following: TSAs, Explorers, Volunteers in Policing, Chaplains,
Reserve Officers, police applicants, and all others with approval of the Watch Commander.

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An effort will be made to ensure that no more than two residents will participate in a ride-along
during any given time period. No more than one ride-along will be allowed in the officer's vehicle
at a given time.
Ride-along requirements for Police Explorers are covered in Policy Manual § 1048.

410.2.2 SUITABLE ATTIRE

Any person approved to ride along is required to be suitably dressed in business casual attire.
Levis, tennis shoes, and hats are not acceptable attire. The Watch Commander or field supervisor
may refuse a ride along to anyone not properly dressed.

410.2.3 PEACE OFFICER RIDE-ALONGS

Off-duty members of this department or any other law enforcement agency will not be permitted
to ride-along with on-duty officers without the expressed consent of the Watch Commander. In
the event that such a ride-along is permitted, the off-duty employee shall not be considered on-
duty and shall not represent themselves as a peace officer or participate in any law enforcement
activity except as emergency circumstances may require. Peace officer ride-alongs may carry a
firearm. However, this must be discussed at the outset of the ride-along.

410.2.4 RIDE-ALONG CRIMINAL HISTORY CHECK

All ride-along applicants are subject to a criminal history check. The criminal history check may
include a local records check and a Department of Justice Automated Criminal History System
check through CLETS prior to their approval as a ride-along, with a law enforcement officer
provided that the ride-along is not an employee of the Oxnard Police Department (CLETS Policies,
Practices and Procedures Manual § 1.6.1.F.2.). The Watch Commander will review the results of
the criminal history check and determine if the applicant is suitable for a ride-along.

410.3 OFFICER'S RESPONSIBILITY

Once an officer has been assigned a ride-along ,the officer will date and initial the ride-along form
that he/she has reviewed and understands policy section 410.3 and 410.4.
The officer shall advise the Emergency Communication Center that a ride-along is present in the
vehicle before going into service. Officers shall consider the safety of the ride-along at all times.
Officers should use sound discretion when encountering a potentially dangerous situation, and if
feasible, let the participant out of the vehicle in a well-lighted place of safety. The dispatcher will
be advised of the situation and as soon as practical have another police unit respond to pick up
the participant at that location. The ride-along may be continued or terminated at this time.
Generally, officers with ride-alongs will not initiate, or otherwise participate in a vehicle pursuit.
Where the primary officer does not have back up, an officer with a ride-along may join the pursuit.
As soon as sufficient officer joins the pursuit, the officer with a ride-along will discontinue the
pursuit.
Upon completion of the ride-along, the Ride-Along Application shall be returned to Records with
any comments which may be offered by the officer.

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410.4 CONTROL OF RIDE-ALONG

The assigned employee shall maintain control over the ride-along at all times and instruct him/her
in the conditions that necessarily limit their participation. These instructions should include:
(a) The ride-along will follow the directions of the officer
(b) The ride-along will not become involved in any investigation, handling of evidence,
discussions with victims or suspects, or handling any police equipment
(c) The ride-along may terminate the ride at any time and the officer may return the
observer to their home or to the station if the ride-along interferes with the performance
of the officer’s duties
(d) Ride-alongs may be allowed to continue riding during the transportation and booking
process provided this does not jeopardize their safety
(e) Officers will not allow any ride-alongs to be present in any residences or situations
that would jeopardize their safety or cause undue stress or embarrassment to a victim
or any other citizen
(f) Under no circumstance shall a civilian ride along be permitted to enter a private
residence with an officer without the expressed consent of the resident or other
authorized person

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412 Oxnard PD Policy Manual

Hazardous Material Response

412.1 PURPOSE AND SCOPE
Hazardous materials present a potential harm to employees resulting from exposure. To comply
with Title 8, California Code of Regulations, § 5194, the following is to be the policy of this
department.

412.1.1 HAZARDOUS MATERIAL DEFINED

A hazardous material is a substance which by its nature, containment and reactivity, has the
capability of inflicting harm during exposure; characterized as being toxic, corrosive, flammable,
reactive, an irritant or strong sensitizer and thereby posing a threat to health when improperly
managed.

412.2 HAZARDOUS MATERIAL RESPONSE

Employees may encounter situations involving suspected hazardous materials, such as at the
scene of a traffic collision, chemical spill or fire. When employees come into contact with a
suspected hazardous material, certain steps should be taken to protect themselves and citizens.
The following steps should be considered at any scene involving suspected hazardous materials:
(a) Attempt to identify the type of hazardous substance. (Identification can be determined
by placard, driver's manifest or statements from the person transporting).
(b) Notify the Fire Department.
(c) Provide first-aid for injured parties if it can be done safely and without contamination.
(d) Begin evacuation of the immediate area and surrounding areas, depending on the
substance. Voluntary evacuation should be considered; however, depending on the
substance, mandatory evacuation may be necessary.
(e) Notify the local health authority. Such notification is mandatory when a spilled or
released item is a pesticide (Health and Safety Code § 105215).
(f) Notify the Department of Toxic Substances Control. This is mandatory when an
officer comes in contact with, or is aware of, the presence of a suspected hazardous
substance at a site where an illegal controlled substance is or was manufactured
(Health and Safety § 25354.5).

412.3 REPORTING EXPOSURE(S)

Department personnel who believe that he/she has been exposed to a hazardous material shall
immediately report the exposure to a supervisor. The employee's commander/manager shall also
be notified. Injury or illness caused or believed to be caused from exposure to hazardous materials
shall be reported the same as any other on-duty injury or illness in addition to a crime report or
incident report.

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412.3.1 SUPERVISOR RESPONSIBILITY

When a supervisor has been informed that an employee has been exposed to a hazardous
material, he/she shall ensure that immediate medical treatment is obtained and appropriate action
is taken to lessen the exposure. This will include assisting with the completion of and IOD packet
if necessary.
To ensure the safety of employees, safety equipment is available through supervisory personnel.
Safety items not maintained by the Department will be obtained through the Fire Department.

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415 Oxnard PD Policy Manual

Bearcat Armored Rescue Vehicle

415.1 PURPOSE AND SCOPE
The purpose and scope of this policy is to set guidelines for the use, training, and storage of the
Lenco Bearcat armored rescue vehicle ("Bearcat").

415.2 USE OF THE BEARCAT

The use of the Bearcat will be authorized by the field supervisor and/or the on-duty Watch
Commander. The use of the Bearcat will only be for legitimate patrol purposes such as patrol calls
involving armed subjects, SWAT callouts, SWAT search warrants, officer or citizen rescues, or
authorized training. The Bearcat may be used for demonstrations, displays, or special events only
with the authorization of the Special Operations Commander. If the Bearcat is utilized by patrol
personnel, SEU personnel shall be notified post-incident to conduct a check of the Bearcat and
the fuel level.

415.3 USE OF THE BEARCAT BY OUTSIDE AGENCIES

The use of the Bearcat by outside agencies for emergency purposes will be authorized by the
on-duty Watch Commander. If time allows, on-duty SEU officer(s) shall deploy with the Bearcat
to outside agency requests. The use of the Bearcat by outside agencies for purposes other than
emergencies will be authorized by the Special Operations Commander.

415.4 BEARCAT OPERATOR TRAINING

Periodic briefing training will be conducted that incorporates the operation of the Bearcat as well
as patrol tactics when using the Bearcat. This training will be conducted by the SWAT Team. A
valid class "C" California driver's license is all that is required to drive the Bearcat.

415.5

415.6 BEARCAT MAINTENANCE

Maintenance of the Bearcat is the responsibility of the Special Operations Commander. Officers
from the SWAT Team will routinely check the Bearcat ensuring the battery is charged, the trickle
charger is attached, the engine will turn over, and that the Bearcat is in general working order.

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418 Oxnard PD Policy Manual

Mental Illness Commitments

418.1 PURPOSE AND SCOPE
This policy provides guidelines for when officers may take a person into custody for psychiatric
evaluation and treatment (5150 commitment) (Welfare and Institutions Code § 5150).

418.2 POLICY
It is the policy of the Oxnard Police Department to protect the public and individuals through legal
and appropriate use of the 72-hour treatment and evaluation commitment (5150 commitment)
process.

418.3 AUTHORITY
An officer having probable cause may take a person into custody and place the person in an
approved mental health facility for 72-hour treatment and evaluation when the officer believes that,
as a result of a mental disorder, the person is a danger to him/herself or others or the person is
gravely disabled (Welfare and Institutions Code § 5150; Welfare and Institutions Code § 5585.50).
When determining whether to take a person into custody, officers are not limited to determining
the person is an imminent danger and shall consider reasonably available information about the
historical course of the person’s mental disorder, which may include evidence presented from any
of the following (Welfare and Institutions Code § 5150; Welfare and Institutions Code § 5150.05):
(a) An individual who is providing or has provided mental health treatment or related
support services to the person
(b) A family member
(c) The person subject to the determination or anyone designated by the person

418.3.1 RESTRAINTS
If the patient is violent or potentially violent, the officer will notify the staff of this concern. The staff
member in charge will have discretion as to whether soft-restraints will be used. If these restraints
are desired, the officer will wait while they are being applied to help provide physical control of
the patient, if needed.

418.3.2 MENTAL HEALTH DOCUMENTATION

The officer will complete an Application For 72-Hour Detention for Evaluation and Treatment Form
(MH-302) and provide it to the staff member assigned to that patient. The officer will retain a copy
of the 72-hour evaluation for inclusion in the case report. The officer shall also provide a verbal
summary to an emergency department staff member regarding the circumstances leading to the
involuntary detention. This is an application; not a hold. Mental Health staff decide whether to
place the 72-hour hold on the individual.

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418.3.3 SECURING OF WEAPONS

If a receiving and secured facility prohibits weapons or if an extraordinary event occurs in the
treatment facility and officers determine a need to secure their firearms, the firearm shall be
secured in the appropriate gun locker at the facility

418.4 CONSIDERATIONS AND RESPONSIBILITIES

Any officer handling a call involving an individual who may qualify for a 5150 commitment should
consider, as time and circumstances reasonably permit:
(a) Available information that might assist in determining the cause and nature of the
person’s action or stated intentions.
(b) Community or neighborhood mediation services.
(c) Conflict resolution and de-escalation techniques.
(d) Community or other resources available to assist in dealing with mental health issues.
While these steps are encouraged, nothing in this section is intended to dissuade officers from
taking reasonable action to ensure the safety of the officers and others.
Officers should consider a 5150 commitment over arrest when mental health issues appear to
be a mitigating factor for people who are suspected of committing minor crimes or creating other
public safety issues.

418.4.1 SECURING OF PROPERTY

When a person is taken into custody for evaluation, or within a reasonable time thereafter, and
unless a responsible relative, guardian or conservator is in possession of the person's personal
property, the officer shall take reasonable precautions to safeguard the individual’s personal
property in his/her possession or on the premises occupied by the person (Welfare and Institutions
Code § 5150).
The officer taking the person into custody shall provide a report to the court that describes
the person's property and its disposition in the format provided in Welfare and Institutions
Code Section 5211, unless a responsible person took possession of the property, in which
case the officer shall only include the name of the responsible person and the location of the
property (Welfare and Institutions Code Section 5150(e))

418.5 TRANSPORTATION
When transporting any individual for a 5150 commitment, the transporting officer should have the
Communications Center notify the receiving facility of the estimated time of arrival, the level of
cooperation of the individual and whether any special medical care is needed.
Officers may transport individuals in a patrol unit and shall secure them in accordance with the
Handcuffing and Restraints Policy. Should the detainee require transport in a medical transport
vehicle and the safety of any person, including the detainee, requires the presence of an officer
during the transport, Watch Commander approval is required before transport commences.

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418.5.1 RETURN OF CONFISCATED FIREARMS AND WEAPONS

(a) Whenever the handling officer has cause to believe that the future return of any
confiscated weapon(s) might endanger the person or others, the officer shall detail
those facts and circumstances in a report. The report shall be forwarded to the
Investigative Services Bureau which shall be responsible for initiating a petition to
the superior court for a hearing in accordance with Welfare and Institutions Code §
8102(b), to determine whether or not the weapon(s) will be returned.
(b) The petition to the Superior Court shall be initiated within 30 days of the release of the
individual from whom such weapon(s) have been confiscated unless the Department
makes an ex parte application to the court to extend the time to file such a petition,
up to a maximum of 60 days. At the time any such petition is initiated, the Department
shall send written notice to the individual informing him or her of the right to a hearing
on the issue and that he or she has 30 days to confirm with the court clerk any desire
for a hearing and that the failure to do so will result in the forfeiture of any confiscated
weapon(s).
(c) If no petition is initiated within the above period, the Department shall make the
weapon(s) available for return in accordance with subsection (d) below. If the person
does not confirm a desire for a hearing within the prescribed 30 days, the Department
may file a petition for an order of default.
(d) Under no circumstances shall any firearm be returned to any individual unless and until
such person presents valid identification and written notification from the California
Department of Justice which conforms to the provisions of Penal Code § 33865.
(e) In no case in which a firearm or other deadly weapon is not retained as evidence shall
the Department be required to retain such firearms or other deadly weapon longer
than 180 days after notice has been provided to the owner that such firearm or other
deadly weapon is available for return. At the expiration of such period, the firearm or
other deadly weapon may be processed for disposal in accordance with applicable
law (Penal Code § 33875).

418.6 TRANSFER TO APPROPRIATE FACILITY

Upon arrival at the facility, the officer will escort the individual into a treatment area designated
by a facility staff member. If the individual is not seeking treatment voluntarily, the officer should
provide the staff member with the written application for a 5150 commitment and remain present
to provide clarification of the grounds for detention, upon request.
Absent exigent circumstances, the transporting officer should not assist facility staff with the
admission process, including restraint of the individual. However, if the individual is transported
and delivered while restrained, the officer may assist with transferring the individual to facility
restraints and will be available to assist during the admission process, if requested. Under normal
circumstances, officers will not apply facility-ordered restraints.

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418.7 CIVIL HOLDS

A limited number of mental health patients are periodically released into the community as out-
patients. These patients are under the supervision of the Community Program Director of the
Ventura Region Release Program. In some instances, the Program Director may deem a mental
health patient in need of immediate confinement.
Upon a determination made by the Program Director of the need for an outpatient to be placed
into confinement, a Penal Code § 1610 hold will be placed on the subject. The Community
Program Director will complete an MH 1718 Form and contact the Oxnard Police Department
for transportation. The arresting officer will transport the patient directly to the Ventura County
Sheriff's Pre-trial Detention Facility. A pre-arrangement has been made between the Ventura
Regional Conditional Release Program and the Ventura County Sheriff's Department in regards
to the housing of Penal Code § 1610 patients. The transporting officer will submit a pre-book and
the MH 1718 Form with the transported patient/prisoner.

418.8 DOCUMENTATION
The officer shall complete an application for a 72-Hour detention for evaluation and treatment,
provide it to the facility staff member assigned to that patient and retain a copy of the application
for inclusion in the case report.
The application shall include the circumstances for officer involvement; the probable cause to
believe the person is, as a result of a mental health disorder, a danger to others or him/herself or
gravely disabled; and all information used for the determination of probable cause (Welfare and
Institutions Code § 5150; Welfare and Institutions Code § 5150.05).
The officer should also provide a verbal summary to any evaluating staff member regarding the
circumstances leading to the involuntary detention.

418.8.1 ADVISEMENT
The officer taking a person into custody for evaluation shall advise the person of:
(a) The officer’s name and agency.
(b) The fact that the person is not under criminal arrest but is being taken for examination
by mental health professionals and the mental health staff will advise him/her of their
rights.
(c) The name of the facility to which the person is being taken.
(d) If the person is being taken into custody at his/her residence, he/she should also be
advised that he/she may take a few personal items, which the officer must approve,
and may make a telephone call or leave a note indicating where he/she is being
taken. The officer should also ask if the person needs assistance turning off any
appliance or water.
The advisement shall be given in a language the person understands. If the person cannot
understand an oral advisement, the information shall be provided in writing (Welfare and
Institutions Code § 5150).

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418.9 CRIMINAL OFFENSES

Officers investigating an individual who is suspected of committing a minor criminal offense and
who is being taken on a 5150 commitment should resolve the criminal matter by issuing a warning
or a Notice to Appear as appropriate.
When an individual who may qualify for a 5150 commitment has committed a serious criminal
offense that would normally result in an arrest and transfer to a jail facility, the officer should:
(a) Arrest the individual when there is probable cause to do so.
(b) Notify the appropriate supervisor of the facts supporting the arrest and the facts that
would support the 5150 commitment.
(c) Facilitate the individual’s transfer to jail.
(d) Thoroughly document in the related reports the circumstances that indicate the
individual may qualify for a 5150 commitment.
In the supervisor’s judgment, the individual may instead be arrested or booked and transported
to the appropriate mental health facility. The supervisor should consider the seriousness of the
offense, the treatment options available, the ability of this [department/office] to regain custody
of the individual, [department/office] resources (e.g., posting a guard) and other relevant factors
in making this decision.

418.10 FIREARMS AND OTHER WEAPONS

Whenever a person is taken into custody for a 5150 commitment, the handling officers should
seek to determine if the person owns or has access to any firearm or other deadly weapon defined
in Welfare and Institutions Code § 8100. Officers should consider whether it is appropriate and
consistent with current search and seizure law under the circumstances to seize any such firearms
or other dangerous weapons (e.g., safekeeping, evidence, consent).
Officers are cautioned that a search warrant may be needed before entering a residence or
other place to search, unless lawful, warrantless entry has already been made (e.g., exigent
circumstances, consent). A search warrant may also be needed before searching for or seizing
weapons
The handling officers shall issue a receipt describing the deadly weapon or any firearm seized,
and list any serial number or other identification that is on the firearm. Officers shall advise the
person of the procedure for the return of any firearm or other weapon that has been taken into
custody (Welfare and Institutions Code § 8102 (b)) (see Property and Evidence Policy).

418.10.1 PETITION FOR RETURN OF FIREARMS AND OTHER WEAPONS

Whenever the handling officer has cause to believe that the future return of any confiscated
weapon might endanger the person or others, the officer shall detail those facts and circumstances
in a report. The report shall be forwarded to the Detective Division, which shall be responsible for
initiating a petition to the Superior Court for a hearing in accordance with Welfare and Institutions
Code § 8102(c), to determine whether the weapon will be returned.

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The petition to the Superior Court shall be initiated within 30 days of the release of the individual
from whom such weapon has been confiscated, unless the [Department/Office] makes an ex parte
application to the court to extend the time to file such a petition, up to a maximum of 60 days.
At the time any such petition is initiated, the [Department/Office] shall send written notice to the
individual informing him/her of the right to a hearing on the issue, that he/she has 30 days to
confirm with the court clerk any desire for a hearing and that the failure to do so will result in the
forfeiture of any confiscated weapon.

418.11 TRAINING
This [department/office] will endeavor to provide Peace Officer Standards and Training (POST)-
approved advanced officer training on interaction with persons with mental disabilities, 5150
commitments and crisis intervention.

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420 Oxnard PD Policy Manual

Cite and Release Policy

420.1 PURPOSE AND SCOPE
This policy provides guidance on when to release adults who are arrested for a criminal
misdemeanor offense on a written notice to appear (citation) and when to hold for court or bail.

420.2 POLICY
It is the policy of the Oxnard Police Department to release all persons arrested on misdemeanor
or other qualifying charges on a citation with certain exceptions (Penal Code § 853.6).
If there is a reason for non-release, the [Department/Office]’s mission to protect the community
will be the primary consideration when determining whether to release any individual in lieu of
holding for court or bail.

420.3 RELEASE BY CITATION

Except in cases where a reason for non-release as described below exists, adults arrested for
a misdemeanor offense, including a private persons arrest, shall be released from custody on a
citation (Penal Code § 853.6).
The citing officer shall, at the time the defendant signs the notice to appear, call attention to the
time and place for appearance and take any other steps he/she deems necessary to ensure that
the defendant understands his/her written promise to appear.

420.3.1 FIELD CITATIONS

In most cases an adult arrested for a misdemeanor offense may be released in the field on a
citation in lieu of physical arrest when booking and fingerprinting is not practicable or immediately
required provided the individual can be satisfactorily identified, there is no outstanding arrest
warrant for the individual and none of the below described disqualifying circumstances are present
(Penal Code § 853.6; Penal Code § 1270.1). In such cases the arresting officer should check the
booking required box on the citation form to indicate that the person will be photographed and
fingerprinted at a later time when ordered by the court.
When a booking photo or fingerprints are needed for the furtherance of any investigation, the
person should be released on citation after booking instead of on a field citation.

420.3.2 RELEASE AFTER BOOKING

In some cases it may not be feasible or desirable to release a person in the field. The person
should instead be released on citation after booking at the jail. All bookings shall be approved by
the Watch Commander or the authorized designee.

420.3.3 SATISFACTORY EVIDENCE OF PERSONAL IDENTIFICATION

To be eligible for field citation release, an officer must be convinced of a subject's true identity.
While identification verification can be done using radio computer checks and mobile database
queries, confirming a person's identity in the field without proper documentation in hand can be

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unreliable at best. "Satisfactory evidence of personal identification" as discussed in Penal Code

§853.6 is defined as:
U.S. federal or state-issued photo ID that contains the following: name, date of birth, gender,
expiration date and a tamper-resistant feature. Examples of these documents include:
(a) U.S. passport.
(b) U.S. passport card.
(c) DHS "Trusted Traveler" cards (NEXUS, SENTRI, FAST).
(d) U.S. Military ID (active duty or retired military and their dependents).
(e) Permanent Resident Card.
(f) Border Crossing Card.
(g) DHS-designated enhanced driver's license.
(h) Drivers Licenses or other state photo identity cards issued by Department of Motor
Vehicles (or equivalent) that meets REAL ID benchmarks (All states are currently in
compliance).
(i) A Native American Tribal Photo ID.
(j) An airline or airport-issued ID (if issued under a TSA-approved security plan).
(k) A foreign government-issued passport.
(l) Canadian provincial driver's license or Indian and Northern Affairs Canada (INAC)
card.
(m) Transportation Worker Identification Credential (TWIC).
Examples of these documents do not include:
(a) Social Security card.
(b) Vehicle registration.
(c) Birth certificate.
(d) Fishing license.
(e) Library card.
(f) School identification.
(g) Employment/Employee identification.
(h) Credit or bank ATM card.
(i) Consular identification card.
(j) Temporary driver license.

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(k) Voter registration card.

(l) Foreign driver license.

420.4 NON-RELEASE

420.4.1 OUT-OF-COUNTY MISDEMEANOR WARRANTS

Arresting officers will contact dispatch, to confirm from the issuing agency that the warrant is active.
If warrant is active, Booking will be notified to obtain the warrant via teletype. If the originating
agency will not extradite, or if the arrestee fits the criteria to be released via a citation, Booking
will assist the officer in obtaining all court information to be documented on the citation. Booking
will provide violation section(s) and the issuing court's docket number to be written on the citation.
The citation must document the issuing agency's court appearance date, time, and location. The
offender's signature will constitute their promise to appear. The arresting officer will provide a
copy of both the signed citation, and warrant, to the Records Unit, who will forward copies to the
issuing agency.

420.4.2 DISQUALIFYING OFFENSES

An adult arrested on any of the following disqualifying charges shall not be released on citation
and shall be transported to the appropriate detention facility or held for court or bail after booking
(Penal Code § 1270.1):
(a) Misdemeanor domestic battery (Penal Code § 243(e)(1))
(b) Felony domestic battery (Penal Code § 273.5)
(c) Serious or violent felonies (Penal Code § 1270.1(a)(1))
(d) Felony intimidation of witnesses and victims (Penal Code § 136.1)
(e) Rape of a spouse (Penal Code § 262)
(f) Violation of a protective order and the arrested person has made threats, used
violence, or has gone to the protected person’s workplace or residence (Penal Code
§ 273.6)
(g) Stalking (Penal Code § 646.9)
(h) Misdemeanor violations of a protective order relating to domestic violence if there is
a reasonable likelihood the offense will continue or the safety of the individuals or
property would be endangered (Penal Code § 853.6)

420.4.3 REASONS FOR NON-RELEASE

A person arrested for a misdemeanor shall be released on a citation unless there is a reason for
non-release. The Watch Commander may authorize a release on citation regardless of whether a
reason for non-release exists when it is determined to be in the best interest of the [Department/
Office] and does not present an unreasonable risk to the community (e.g., release of an intoxicated
or ill person to a responsible adult).
Reasons for non-release include (Penal Code § 853.6(i)):

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(a) The person arrested is so intoxicated that he/she could be a danger to him/herself or
to others. Release may occur as soon as this condition no longer exists.
(b) The person arrested requires medical examination or medical care or is otherwise
unable to care for his/her own safety
1. The Oxnard Police Department shall not release an arrestee from custody for
the purpose of allowing that person to seek medical care at a hospital, and
then immediately re-arrest the same individual upon discharge from the hospital,
unless the hospital determines this action will enable it to bill and collect from a
third-party payment source (Penal Code § 4011.10).
(c) The person is arrested for one or more of the offenses listed in Vehicle Code § 40302,
Vehicle Code § 40303, and Vehicle Code § 40305.
(d) The person has been cited, arrested, or convicted for theft from a store or vehicle in
the previous six months, or there is probable cause to believe the person is guilty of
committing organized retail theft, as defined in Penal Code § 490.4(a).
(e) There are one or more outstanding arrest warrants for the person or failures to
appear in court on previous misdemeanor citations that have not been resolved (see
Misdemeanor Warrants elsewhere in this policy).
(f) The person could not provide satisfactory evidence of personal identification.
1. If a person released on citation does not have satisfactory identification in his/her
possession, a right thumbprint or fingerprint should be obtained on the citation
form.
(g) The prosecution of the offense or offenses for which the person was arrested or the
prosecution of any other offense or offenses would be jeopardized by the immediate
release of the person arrested.
(h) There is a reasonable likelihood that the offense or offenses would continue or resume,
or that the safety of persons or property would be imminently endangered by the
release of the person arrested.
(i) The person arrested demands to be taken before a magistrate or has refused to sign
the notice to appear.
(j) There is reason to believe that the person would not appear at the time and place
specified in the notice to appear. The basis for this determination shall be specifically
documented. An arrest warrant or failure to appear that is currently pending shall
constitute reason to believe that the person will not appear. Other reasons may
include:
(a) Previous failure to appear is on record
(b) The person lacks ties to the area, such as a residence, job, or family
(c) Unusual circumstances lead the officer responsible for the release of prisoners
to conclude that the suspect should be held for further investigation

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When a person is arrested on a misdemeanor offense and is not released by criminal citation, the
reason for non-release shall be noted on the booking form. This form shall be submitted to the
Watch Commander for approval and included with the case file in the Records Division.

420.5 MISDEMEANOR WARRANTS

An adult arrested on a misdemeanor warrant may be released, subject to Watch Commander
approval, unless any of the following conditions exist:
(a) The misdemeanor cited in the warrant involves violence.
(b) The misdemeanor cited in the warrant involves a firearm.
(c) The misdemeanor cited in the warrant involves resisting arrest.
(d) The misdemeanor cited in the warrant involves giving false information to a peace
officer.
(e) The person arrested is a danger to him/herself or others due to intoxication or being
under the influence of drugs or narcotics.
(f) The person requires medical examination or medical care or was otherwise unable to
care for his/her own safety.
(g) The person has other ineligible charges pending against him/her.
(h) There is reasonable likelihood that the offense or offenses would continue or resume,
or that the safety of persons or property would be immediately endangered by the
release of the person.
(i) The person refuses to sign the notice to appear.
(j) The person cannot provide satisfactory evidence of personal identification.
(k) The warrant of arrest indicates that the person is not eligible to be released on a notice
to appear.
Release under this section shall be done in accordance with the provisions of this policy.

420.6 JUVENILE CITATIONS

All violations for juveniles shall be documented with a case number and the case should be referred
to the Records Division to be forwarded to the Probation Department.

420.7 CIVIL CITATIONS

Use of the Civil Citation is the preferred method of dealing with persons who violate provisions
of the Oxnard City Code. Civil Citation books are available to all Patrol Division personnel. With
the exception of parking violations (which must be handled by issuing a parking citation), a Civil
Citation can be used for any violation of the City Code.
Previously, issuing a Notice to Appear was the only way to deal with a City Code violator. Persons
receiving a Civil Citation are assessed a specific fine amount per City Council Resolution No.
13,459 and are afforded a civil hearing upon request as the means to appeal the administrative

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fine. Since the Civil Citation is a civil (i.e. monetary fines) process, it is not appropriate to issue
a Civil Citation to persons who do not own assets or are unemployed. Said persons should be
issued a Notice to Appear, preferably as an infraction, instead of a Civil Citation. Warrants cannot
be issued for persons who fail to pay fines imposed by a Civil Citation; rather the City will seek
liens on real property or take legal action if the cited person fails to pay the fine.

420.7.1 PROCEDURE
Civil Citations may be issued in lieu of Notices to Appear for any City Code violation. Conversely,
only City Code violations (not including parking violations) may be cited using the Civil Citation
process.
As in all cases, if the officer cannot properly identify a violator in the field, he/she should transport
the subject to the station to verify identity through the "cite book" process. Once identity is verified
or the subject is photographed and fingerprints scanned, issuing a Notice to Appear is the best
course of action.
To issue a Civil Citation, the officer will complete all boxes with the necessary information. Most
of the required information is self-explanatory. Some noteworthy differences between the Notice
to Appear and Civil Citation are:
(a) Code Section Violated/Description: Four sections are provided to write the City Code
section, description of the violation and the amount of the fine. The fine amount must
be entered for each violation. Refer to "Fines" section of this document.
(b) Total Fine: Add all fines and enter the total amount here.
(c) Officer Notes: There is a small amount of room on the back side of the white copy of
the Civil Citation where officers can write notes on the case. Do not write on the yellow
copy of the Civil Citation. If the necessary notes cannot fit in this area, the officer will
complete an incident report which recounts the violation circumstances for the civil
hearing officer. Enter the DR number in the "Case #" box.
Signatures are not required to process Civil Citations. If a signature is not obtained, the citation will
be mailed to the violator by the Code Compliance Unit. If the violator signs the citation, provide the
violator their copy. Submit remaining citation copies to the "Citation" drawer in Records. Records
personnel will forward all Civil Citations to Code Compliance for processing.
CORRECTIONS: If an error is made on the Civil Citation, a Civil Citation Amendment Form must
be filled out correcting the mistake. Civil Citations will be returned to the issuing officer along with
the amendment form.
VOIDED CITATIONS: If a Civil Citation is issued in error, write "VOID" across the citation and
submit all copies to Records.
CITING JUVENILES: With the exception of alcohol-related city ordinance violations,
juveniles(persons under the age of 18) should not be issued Civil Citations.

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FIREWORKS VIOLATIONS: Officers are encouraged to issue Civil Citations for fireworks
violations per City Code §7-147.1(B). Issuing notices to appear should be reserved for use of
dangerous fireworks that result in damage to property or personal injury.
SOCIAL HOST VIOLATIONS: The consumption of alcohol by a minor in a public place, place open
to the public, or place not open to the public ( City Code §7-148.2), and the hosting, permitting,
or allowing a party, gathering, or event where minors consume alcoholic beverages (City Code
§7-148.3) can only be handled civilly. As such, only a Civil Citation can be issued for violations
of these ordinances.

420.8 REQUESTING CASE NUMBERS

Many cases involving a criminal citation release can be handled without requesting a case number.
Traffic situations and local code violations can be documented on the reverse side of the records
copy of the citation. Most Penal Code sections will require a case number to document the incident
properly in a report. This section does not preclude an officer from requesting a case number if
he/she feels the situation should be documented more thoroughly in a case report.

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422 Oxnard PD Policy Manual

Arrest or Detention of Foreign Nationals

422.1 PURPOSE AND SCOPE
This policy provides guidelines to ensure that members of the Oxnard Police Department extend
appropriate privileges and immunities to foreign diplomatic and consular representatives in
accordance with international law.

422.2 POLICY
The Oxnard Police Department respects international laws related to the special privileges and
immunities afforded foreign diplomatic and consular representatives assigned to the United
States.
All foreign diplomatic and consular representatives shall be treated with respect and courtesy,
regardless of any privileges or immunities afforded them.

422.3 CLAIMS OF IMMUNITY

If a member comes into contact with a person where law enforcement action may be warranted and
the person claims diplomatic or consular privileges and immunities, the member should, without
delay:
(a) Notify a supervisor.
(b) Advise the person that his/her claim will be investigated and he/she may be released
in accordance with the law upon confirmation of the person’s status.
(c) Request the person’s identification card, either issued by the U.S. Department of State
(DOS), Office of the Chief of Protocol, or in the case of persons accredited to the
United Nations, by the U.S. Mission to the United Nations. These are the only reliable
documents for purposes of determining privileges and immunities.
(d) Contact the DOS Diplomatic Security Command Center at 571-345-3146 or toll free
at 866-217-2089, or at another current telephone number and inform the center of the
circumstances.
(e) Verify the immunity status with DOS and follow any instructions regarding further
detention, arrest, prosecution and/or release, as indicated by the DOS representative.
This may require immediate release, even if a crime has been committed.
Identity or immunity status should not be presumed from the type of license plates displayed on a
vehicle. If there is a question as to the status or the legitimate possession of a Diplomat or Consul
license plate, a query should be run via the National Law Enforcement Telecommunications
System (NLETS), designating “US” as the state.

422.4 ENFORCEMENT
If the DOS is not immediately available for consultation regarding law enforcement action,
members shall be aware of the following:

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(a) Generally, all persons with diplomatic and consular privileges and immunities may be
issued a citation or notice to appear. However, the person may not be compelled to
sign the citation.
(b) All persons, even those with a valid privilege or immunity, may be reasonably
restrained in exigent circumstances for purposes of self-defense, public safety or the
prevention of serious criminal acts.
(c) An impaired foreign diplomatic or consular representative may be prevented from
driving a vehicle, even if the person may not be arrested due to privileges and
immunities.
1. Investigations, including the request for field sobriety tests, chemical tests and
any other tests regarding impaired driving may proceed but they shall not be
compelled.
(d) The following persons may not be detained or arrested, and any property or vehicle
owned by these persons may not be searched or seized:
1. Diplomatic-level staff of missions to international organizations and recognized
family members
2. Diplomatic agents and recognized family members
3. Members of administrative and technical staff of a diplomatic mission and
recognized family members
4. Career consular officers, unless the person is the subject of a felony warrant
(e) The following persons may generally be detained and arrested:
1. International organization staff; however, some senior officers are entitled to the
same treatment as diplomatic agents.
2. Support staff of missions to international organizations
3. Diplomatic service staff and consular employees; however, special bilateral
agreements may exclude employees of certain foreign countries.
4. Honorary consular officers
5. Whenever an officer arrests and incarcerates, or detains for investigation for
over two hours, a person with diplomatic and consular privileges and immunities,
the officer shall promptly advise the person that he/she is entitled to have
his/her government notified of the arrest or detention (Penal Code § 834c).
If the individual wants his/her government notified, the officer shall begin the
notification process.

422.5 DOCUMENTATION
All contacts with persons who have claimed privileges and immunities afforded foreign diplomatic
and consular representatives should be thoroughly documented and the related reports forwarded
to DOS.

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422.6 DIPLOMATIC IMMUNITY TABLE

Reference table on diplomatic immunity:
Category Arrested or Enter Issued Subpoenaed Prosecuted Recognized
Detained Residence Traffic as Witness Family
Subject to Citation Members
Ordinary
Procedures
Diplomatic No No Yes No No Same as
Agent (note (b)) sponsor (full
immunity &
inviolability)
Member of No No Yes No No Same as
Admin and (note (b)) sponsor (full
Tech Staff immunity &
inviolability)
Service Staff Yes Yes Yes Yes No for No immunity
(note (a)) official acts. or inviolability
Yes (note (a))
otherwise
(note (a))
Career Yes if for a Yes Yes No for No for No immunity
Consul felony and (note (d)) official acts official acts. or inviolability
Officer pursuant to Testimony Yes
a warrant may not be otherwise
(note (a)) compelled (note (a))
in any case
Honorable Yes Yes Yes No for No for No immunity
Consul official acts official acts or inviolability
Officer Yes Yes
otherwise. otherwise
Consulate Yes Yes Yes No for No for No immunity
Employees (note (a)) official acts official acts. or inviolability
Yes Yes (note (a))
otherwise. otherwise
(note (a))
Int’l Org Yes Yes Yes Yes No for No immunity
Staff (note (c)) (note (c)) (note (c)) official acts. or inviolability
(note (b)) Yes
otherwise
(note (c))
Diplomatic- No No Yes No No Same as
Level Staff (note (b)) sponsor (full
of Missions immunity &
to Int’l Org inviolability)

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Arrest or Detention of Foreign Nationals

Support Yes Yes Yes Yes No for No immunity

Staff of official acts or inviolability
Missions to Yes
Int’l Orgs otherwise

Notes for diplomatic immunity table:

(a) This table presents general rules. The employees of certain foreign countries may
enjoy higher levels of privileges and immunities on the basis of special bilateral
agreements.
(b) Reasonable constraints, however, may be applied in emergency circumstances
involving self-defense, public safety, or in the prevention of serious criminal acts.
(c) A small number of senior officers are entitled to be treated identically to diplomatic
agents.
(d) Note that consul residences are sometimes located within the official consular
premises. In such cases, only the official office space is protected from police entry.

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 Policy Oxnard Police Department
426 Oxnard PD Policy Manual

U-Visa and T-Visa NONIMMIGRANT STATUS

CERTIFICATION
426.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines and procedures for the processing of U-Visa
and T-Visa applications. In order to promote uniformity in the processing of U-Visa and T-Visa
certification requests presented to the Oxnard Police Department, the following policy has been
established.

426.2 INTRODUCTION AND ELIGIBILITY

Under certain circumstances, federal law allows temporary immigration benefits, known as a U-
Visa, to victims and witnesses of certain qualifying crimes (8 U.S.C. § 1101(a) (15) (U)). To be
eligible for a U-Visa, victims must have suffered substantial physical or mental abuse due to a
qualifying criminal activity, possess information concerning the qualifying criminal activity, and be
able to demonstrate they have been helpful, are being helpful or are likely to be helpful to law
enforcement, prosecutors or other authorities in the investigation and that the crime occurred in
the United States or violated the laws of the United States.
Similar immigration protection, known as a T-Visa, is available for certain qualifying victims of
human trafficking (8 U.S.C. § 1101(a)(15)(T))
A law enforcement certification for a U-Visa or T-Visa must be completed by the head of a
certifying agency or a designee in a supervisory role.

426.3 QUALIFYING CRIMINAL ACTIVITY

Under the relevant state and federal laws, qualifying criminal activity includes rape, torture, incest,
human trafficking, domestic violence, abusive sexual assault, prostitution, sexual exploitation,
female genital mutilation, being held hostage, peonage, perjury, involuntary servitude, slavery,
kidnapping, abduction, unlawful criminal restraint, false imprisonment, blackmail, extortion,
manslaughter, murder, felonious assault, witness tampering, obstruction of justice, fraud in foreign
labor contracting, stalking, and other related crimes which include any similar activity where
the elements of the crime is substantially similar to the above specified offenses (Penal Code
679.10(c)).

426.4 CERTIFYING AGENCY

The Oxnard Police Department qualifies as a certifying agency. The Investigations Bureau
Commander and Family Protection Unit Sergeant are designated by the Chief of Police as the
authorized individuals to issue U-Visa and T-Visa certifications on behalf of the Oxnard Police
Department for cases investigated by the Oxnard Police Department.

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426.5 FOUNDATIONAL REQUIREMENTS

The Oxnard Police Department will review certification requests on cases which were not
submitted to the District Attorney’s Office for review (open cases) or which the District Attorney’s
Office has declined to prosecute (rejected). Certification requests for cases that were filed or
prosecuted by the District Attorney’s Office shall be forwarded to the Ventura County District
Attorney's Office for review. The victim will be notified of the transfer of documents to the District
Attorney's Office.

426.6 RECEIPT AND PROCESSING OF U-VISA APPLICATIONS

Any request for assistance in applying for U-visa or T-visa status should be forwarded in a timely
manner to the Family Protection Unit (FPU) Sergeant. The FPU Sergeant shall:
(a) Review the application packet to determine if the application complies with the
certifying guidelines under Penal Code § 679.10 and Penal Code § 679.11. The FPU
Sergeant should consult with the assigned investigator to determine the current status
of any related case and whether further documentation is warranted.
(b) If the FPU Sergeant determines that the case was filed by the Ventura County District
Attorney's Office, the sergeant will forward the application to the Ventura County
District Attorney's Office, Special Assistant District Attorney, for processing. The FPU
Sergeant will document the receipt and transfer of the application in the electronic
case file.
(c) Address the request and complete the certification or declaration, if appropriate, in a
timely manner.
1. The instructions for completing certification and declaration forms can be found
on the U.S. Department of Homeland Security (DHS) website.
2. Form I-918 Supplement B certification shall be completed if the victim qualifies
under Penal Code § 679.10 (multiple serious offenses). Form I-914 Supplement
B certification shall be completed if the victim qualifies under Penal Code § 236.5
or Penal Code § 679.11 (human trafficking).
(d) Ensure that any decision to complete, or not complete, a certification or declaration
form is documented in the case file. Include a copy of any completed form in the case
file.

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426.7 TIME FRAMES FOR COMPLETION

Officers and their supervisors who are assigned to investigate a case of human trafficking as
defined by Penal Code § 236.1 shall notify the FPU Sergeant immediately. The assigned officer
shall provide the FPU Sergeant with the victim's information necessary to complete the T-Visa
application. The FPU Sergeant shall complete the above process and the documents needed for
indicating the individual is a victim for the T-Visa application within 15 business days of the first
encounter with the victim, regardless of whether it is requested by the victim (Penal Code § 236.5).
Officers and their supervisors shall document in the case file information indicating the cooperation
of the victim during the criminal investigation. The FPU Sergeant shall complete the process for a
U-Visa application pursuant to Penal Code § 679.10 and Penal Code § 679.11 within 90 days of
a request from the victim or victim's family related to one of the assigned cases. If the victim is in
removal proceedings, the certification shall be processed within 14 days of the request.

426.8 REPORTING TO LEGISLATURE

The Family Protection Unit Sergeant or the authorized designee should ensure that certification
requests are reported to the Legislature in January of each year and include the number
of certifications signed and the number denied.The report shall comply with Government
Code §9795 (Penal Code § 679.10; Penal Code §679.11).

426.8 TRAINING

426.9 TRAINING
The Training Sergeant shall ensure that all appropriate members receive training on immigration
issues.

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 Policy Oxnard Police Department
428 Oxnard PD Policy Manual

Immigration Violations
428.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines to members of the Oxnard Police
Department relating to immigration and interacting with federal immigration officials.

428.2 POLICY
It is the policy of the Oxnard Police Department that all members make personal and professional
commitments to equal enforcement of the law and equal service to the public. Confidence in
this commitment will increase the effectiveness of this Department in protecting and serving the
entire community and recognizing the dignity of all persons, regardless of their national origin or
immigration status.

428.3 VICTIMS AND WITNESSES

To encourage crime reporting and cooperation in the investigation of criminal activity, all
individuals, regardless of their immigration status, must feel secure that contacting or being
addressed by members of law enforcement will not automatically lead to immigration inquiry and/
or deportation. While it may be necessary to determine the identity of a victim or witness, members
shall treat all individuals equally and without regard to race, ethnicity or national origin in any way
that would violate the United States or California constitutions.

428.4 IMMIGRATION INQUIRIES PROHIBITED

Officers shall not inquire into an individual's immigration status for immigration enforcement
purposes (Government Code 7284.6).

428.5 DETENTIONS
An officer shall not detain any individual, for any length of time, for a civil violation of federal
immigration laws or a related civil warrant (Government Code 7284.6).
An officer shall not detain any individual, for any length of time, for any other criminal violation of
federal immigration laws (Government Code 7284.6).

428.6 FEDERAL REQUESTS FOR ASSISTANCE

Members of the Oxnard Police Department will not directly participate in field-level immigration
enforcement. Requests by federal immigration officials for assistance from this Department shall
be directed to the Duty Chief. The Duty Chief is responsible for determining whether the requested
assistance would be permitted under the California Values Act (Government Code § 7284.2 et
seq.)..

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429 Oxnard PD Policy Manual

Emergency Utility Service

429.1 PURPOSE AND SCOPE
The City Public Works Department has personnel available to handle emergency calls 24
hours per day. Calls for service during non-business hours are frequently directed to the Police
Department. Requests for such service received by this Department should be handled in the
following manner.

429.1.1 BROKEN WATER LINES

The City's responsibility ends at the water meter; any break or malfunction in the water system
from the water meter to the citizen's residence or business is the customer's responsibility. Public
Works can only turn off the valve at the meter. The citizen can normally accomplish this.
If a break occurs on the city side of the meter, emergency personnel should be called as soon
as practical by a police dispatcher.

429.1.2 ELECTRICAL LINES

City Public Works do not maintain electrical lines to street light poles. When a power line poses a
hazard, an officer should be dispatched to protect against personal injury or property damage that
might be caused by power lines. Southern California Edison or Public Works should be promptly
notified, as appropriate.

429.1.3 RESERVOIRS, PUMPS, WELLS, ETC.

Public Works maintains the city reservoirs and public water equipment, as well as several
underpass and other street drainage pumps. In the event of flooding or equipment malfunctions,
emergency personnel should be contacted as soon as possible.

429.1.4 EMERGENCY NUMBERS

Police dispatchers will maintain a current list of emergency personnel who are to be called for
municipal utility emergencies.

429.2 TRAFFIC SIGNAL MAINTENANCE

City Traffic Engineering maintains all traffic signals within the city, other than those maintained by
the State of California (Cal Trans).

429.2.1 RESPONSIBILITIES FOR SIGNALS

The State of California, (Cal Trans), in most cases, maintains traffic signals located on state
highways (SR-1, SR-34, and SR-232) and at freeway off-ramps.

429.2.2 OFFICER'S RESPONSIBILITY

Upon observing a damaged or malfunctioning signal, the officer will advise the police dispatcher of
the location and problem with the signal. The public safety dispatcher should make the necessary
notification to the proper maintenance agency.

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432 Oxnard PD Policy Manual

Patrol Rifles
432.1 PURPOSE AND SCOPE
In order to more effectively and accurately address the increasing level of fire power and body
armor utilized by criminal suspects, the Oxnard Police Department will make the use of patrol rifles
available to qualified patrol rifle officers as an additional and more immediate tactical resource.

432.2 SPECIFICATIONS
Only firearms and ammunition that meet department authorized specifications approved by the
Special Operations Commander, or his/her designee, may be used by officers in their law
enforcement responsibilities. Department issued patrol rifles are semiautomatic AR-15 type rifles
of 5.56 mm (or .223 Remington) caliber. Authorized patrol rifles include the: Colt AR-15, Colt M-16
that has been converted to a "semiautomatic only" weapon; Rock River Arms. Inc. LAR-15 (A2/
A4) and Bushmaster AR-15 (A2/A3/M4) series rifles. All other on-duty use rifles must be approved
by the Special Operations Commander before being deployed. Officers may purchase an AR-15
type rifle for use on duty, but it must be approved by the Special Operations Commander before
such use.

432.2.1 SELECTION OF PATROL RIFLE OFFICERS

The officer desiring to use the patrol rifle must first submit a memorandum to their immediate
supervisor requesting consideration for appointment as a patrol rifle officer. Officers must have a
minimum of one year at the Oxnard Police Department and have completed his/her probationary
period prior to requesting consideration for the appointment.
The officer's supervisor will review the officer's competency in the following areas: law enforcement
field tactics, actual tactical decision-making activities, judgment in non-stress and stress situations,
work ethic, and the current and past evaluations. If the supervisor is satisfied that the officer has
been competent in these areas, the supervisor will forward the officer's request for consideration
with the supervisor's endorsement to the Range Sergeant.
The Range Sergeant will review the officer's weapons qualifications. If there are no areas which
would disqualify the officer from using a patrol rifle, the Range Sergeant shall forward the officer's
name to the Special Operations Commander for approval as a patrol rifle candidate. The officer's
supervisor will complete a training request for the appropriate patrol rifle training course.
The Range Sergeant or his/her designee will conduct an inventory of available patrol rifles to
determine if a patrol rifle is available for the officer's use. When the appropriate rifle is available,
the Range Sergeant shall alert the Personnel and Training Sergeant to schedule a POST-Certified
Tactical Rifle Course for the officer. No officer will be scheduled for a rifle course without the
availability of the appropriate rifle and equipment to the officer. If the officer is a previously
trained officer who has completed the appropriate training-course, but has not attended any rifle

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udate training in 24 calendar months, the officer can be scheduled for the POST-Certified course
mentioned above or an in-house Tactical Rifle Update course.
If the officer wishes to acquire their own patrol rifle, they must also stipulate on their original
memorandum to their supervisor that they wish to be considered for a Police Chief's Letter for
Weapons to purchase a rifle. Upon completion of the above mentioned reviews, approval of the
Special Operations Commander, and the actual scheduling of the Basic Rifle User's Course, the
Chief of Police may sign an authorization for the officer to purchase a patrol rifle and the officer may
use this rifle for training and appropriate qualifications. No letters will be signed for the personal
purchase of a patrol rifle without a justified department need. The Police Chief's Letter for Weapons
is described in Oxnard Police Department §312.
The Personnel and Training Sergeant shall schedule the appropriate course for the officer upon
receipt of a training request from the officer endorsed by the officer's supervisor, and with approval
from the Range Sergeant, within the limitations of the training budget and the department's needs.
At the completion of the POST-Certified Tactical Rifle Course, the Range Sergeant shall add the
officer's name and weapon authorized to the list of authorized patrol rifle officers and weapons, and
the officer can then deploy with the patrol rifle for duty purposes, subject to periodic qualifications
and additional update training courses as directed.
The approval to use the patrol rifle will be at the discretion of the Special Operations Commander.
The approval to carry a patrol rifle, whether Department-issued or personally owned, may be
rescinded.

432.2.2 RIFLE EQUIPMENT

Department-issued rifles will be equipped with a sling, and three magazines. Officers shall carry
only Department-issued ammunition.
For personally-owned rifles, mounted lights and sighting systems that have been approved by the
Range Sergeant are acceptable optional features. If a powered sighting system is chosen, it must
be mounted in such a manner to allow immediate transition to an iron sighting system without
manipulation of the optical sights.
All costs associated with the purchase of any optional rifle, magazines, magazine pouches, and
related equipment will be the responsibility of the officer.

432.3 RIFLE MAINTENANCE

(a) Primary responsibility for maintenance of department-issued patrol rifles shall fall on
the Range Sergeant or his/her designee who shall inspect and service each patrol
rifle on a periodic basis.
(b) Each patrol officer carrying a patrol rifle is required to field strip and clean his/her
assigned patrol rifle after every firing of the weapon for training.
(c) Each patrol officer shall be responsible for promptly reporting any damage or
malfunction of an assigned patrol rifle.

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(d) Each patrol rifle shall be subject to inspection by a supervisor, the Range Sergeant,
or range staff member at any time.
(e) No modification shall be made to any assigned or personally owned/authorized patrol
rifle without prior authorization from the Range Sergeant.
(f) All personally owned authorized patrol rifles will be inspected and serviced periodically
by a factory-authorized gunsmith or armorer, at no cost to the Department. All
maintenance or services shall be reported to the Range Sergeant.

432.4 TRAINING
There are minimum training requirements that must be met before officers will be allowed to carry
the rifles. These are described in Oxnard Police Department §432.31.
The officer must successfully qualify with the weapon prior to it being carried and, thereafter,
at least once every six months. The officer must demonstrate proficiency, safe handling, and
serviceability of the weapon. The officer must also successfully participate in periodic training as
designated by the Range Sergeant.
Any officer who fails to qualify will not be allowed to carry the patrol rifle until he/she shows
proficiency and obtains a passing qualification score on a department-approved course of fire. In
addition to the minimum qualification score, the patrol rifle officer must successfully demonstrate
the proper manipulation skills, tactical use, and proper deployment of the patrol rifle. Failure
to demonstrate these skills will cause the immediate removal of this tool from the officer, until
retraining and retesting can elevate the performance. If remediation is ineffective, the patrol rifle
officer's name will be forwarded to the Special Operations Commander with the recommendation
that the approval to use this tool be permanently rescinded.
Supervisors and managers who are designated as Watch Commanders, who have not had
formalized training in the use of the patrol rifle, may deploy the CO's Office's emergency patrol
rifle after completing the 8-hour Patrol Rifle User's Update Course and shooting a battle-sight zero
course and a 35-yard qualification course.

432.5 DEPLOYMENT OF THE PATROL RIFLE

Officers may deploy the patrol rifle in any circumstance where the officer can articulate a
reasonable expectation that the rifle may be needed. Examples of some general guidelines for
deploying the patrol rifle may include, but are not limited to:
(a) Situations where the officer reasonably anticipates an armed encounter.
(b) When an officer is faced with a situation that may require the delivery of accurate and
effective fire at long range.
(c) Situations where an officer reasonably expects the need to meet or exceed a suspect's
firepower.

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(d) When an officer reasonably believes that there may be a need to deliver fire on a
barricaded suspect or a suspect with a hostage.
(e) When an officer reasonably believes that a suspect may be wearing body armor.
(f) When authorized or requested by a supervisor.
(g) Supervisors and managers who are designated as Watch Commanders, who have
completed the pre-requisite training course as described in Oxnard Police Department
§432.5, may deploy the CO's Office's emergency patrol rifle as necessary for the
purposes of station security in accordance with this policy. The maximum distances
of deployment should be akin to the distances accomplished during the prerequisite
training for this particular station security rifle.

432.6 DISCHARGE OF THE PATROL RIFLE

The discharge of the patrol rifle shall be governed by the Department's Use of Force Policy §300.

432.7 PATROL READY

All officers carrying a rifle in the field shall maintain the weapon in the "patrol ready" or "cruiser
carry" configuration until deployed. A rifle is considered "patrol ready" when it has been safely
inspected by the assigned officer and meets the following conditions:

(a) The chamber is confirmed to be clear of ammunition.

(b) The bolt is forward on the empty chamber (hammer cocked, not dropped).
(c) The selector lever is placed on "safe".
(d) The ammunition magazine, loaded to capacity minus two rounds, is inserted in the
rifle's magazine well.
(e) The dust cover is closed.
(f) The rifle is stored in the patrol vehicle's rifle rack or locked trunk.
(g) Additional magazines shall be loaded in the same manner.

432.8

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434 Oxnard PD Policy Manual

Aircraft Accidents
434.1 PURPOSE AND SCOPE
The purpose of this policy is to provide [department/office] members with guidelines for handling
aircraft accidents.
This policy does not supersede, and is supplementary to, applicable portions of the Crime
and Disaster Scene Integrity, Emergency Management Plan and Hazardous Material Response
policies.

434.1.1 DEFINITIONS
Definitions related to this policy include:
Aircraft - Any fixed wing aircraft, rotorcraft, balloon, blimp/dirigible or glider that is capable of
carrying a person or any unmanned aerial vehicle other than those intended for non-commercial
recreational use.

434.2 POLICY
It is the policy of the Oxnard Police Department to provide an appropriate emergency response
to aircraft accidents. This includes emergency medical care and scene management.

434.3 ARRIVAL AT SCENE

Officers or other authorized members tasked with initial scene management should establish an
inner and outer perimeter to:
(a) Protect persons and property.
(b) Prevent any disturbance or further damage to the wreckage or debris, except to
preserve life or rescue the injured.
(c) Preserve ground scars and marks made by the aircraft.
(d) Manage the admission and access of public safety and medical personnel to the extent
necessary to preserve life or to stabilize hazardous materials.
(e) Maintain a record of persons who enter the accident site.
(f) Consider implementation of an Incident Command System (ICS).

434.4 INJURIES AND CASUALTIES

Members should address emergency medical issues and provide care as a first priority.
Those tasked with the supervision of the scene should coordinate with the National Transportation
Safety Board (NTSB) before the removal of bodies. If that is not possible, the scene supervisor
should ensure documentation of what was disturbed, including switch/control positions and
instrument/gauge readings.

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434.5 NOTIFICATIONS
When an aircraft accident is reported to this [department/office], the responding supervisor shall
ensure notification is or has been made to NTSB, the Federal Aviation Administration (FAA), and
when applicable, the appropriate branch of the military.
Supervisors shall ensure other notifications are made once an aircraft accident has been reported.
The notifications will vary depending on the type of accident, extent of injuries or damage, and
the type of aircraft involved. When an aircraft accident has occurred, it is generally necessary to
notify the following:
(a) Fire department
(b) Appropriate airport tower
(c) Emergency medical services (EMS)

434.6 CONTROLLING ACCESS AND SCENE AUTHORITY

Prior to NTSB arrival, scene access should be limited to authorized personnel from the:
(a) FAA.
(b) Fire department, EMS or other assisting law enforcement agencies.
(c) [Medical Examiner/JOP].
(d) Air Carrier/Operators investigative teams with NTSB approval.
(e) Appropriate branch of the military, when applicable.
(f) Other emergency services agencies (e.g., hazardous materials teams, biohazard
decontamination teams, fuel recovery specialists, explosive ordnance disposal
specialists).
The NTSB has primary responsibility for investigating accidents involving civil aircraft. In the case
of a military aircraft accident, the appropriate branch of the military will have primary investigation
responsibility.
After the NTSB or military representative arrives on-scene, the efforts of this [department/office]
will shift to a support role for those agencies.
If NTSB or a military representative determines that an aircraft or accident does not qualify under
its jurisdiction, the on-scene [department/office] supervisor should ensure the accident is still
appropriately investigated and documented.

434.7 DANGEROUS MATERIALS

Members should be aware of potentially dangerous materials that might be present. These may
include, but are not limited to:
(a) Fuel, chemicals, explosives, biological or radioactive materials and bombs or other
ordnance.
(b) Pressure vessels, compressed gas bottles, accumulators and tires.

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(c) Fluids, batteries, flares and igniters.

(d) Evacuation chutes, ballistic parachute systems and composite materials.

434.8 DOCUMENTATION
All aircraft accidents occurring within the City of Oxnard shall be documented. At a minimum the
documentation should include the date, time and location of the incident; any witness statements,
if taken; the names of OXPD members deployed to assist; other City resources that were utilized;
and cross reference information to other investigating agencies. Suspected criminal activity should
be documented on the appropriate crime report.

434.8.1 WRECKAGE
When reasonably safe, members should:
(a) Obtain the aircraft registration number (N number) and note the type of aircraft.
(b) Attempt to ascertain the number of casualties.
(c) Obtain photographs or video of the overall wreckage, including the cockpit and
damage, starting at the initial point of impact, if possible, and any ground scars or
marks made by the aircraft.
1. Military aircraft may contain classified equipment and therefore shall not be
photographed unless authorized by a military commanding officer (18 USC §
795).
(d) Secure, if requested by the lead authority, any electronic data or video recorders from
the aircraft that became dislodged or cell phones or other recording devices that are
part of the wreckage.
(e) Acquire copies of any recordings from security cameras that may have captured the
incident.

434.8.2 WITNESSES
Members tasked with contacting witnesses should obtain:
(a) The location of the witness at the time of his/her observation relative to the accident
site.
(b) A detailed description of what was observed or heard.
(c) Any photographs or recordings of the accident witnesses may be willing to voluntarily
surrender.
(d) The names of all persons reporting the accident, even if not yet interviewed.
(e) Any audio recordings of reports to 9-1-1 regarding the accident and dispatch records.

434.9 MEDIA RELATIONS

The Community Affairs Manager ([PIO]) should coordinate a response to the media, including
access issues, road closures, detours and any safety information that is pertinent to the
surrounding community. Any release of information regarding details of the accident itself should

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be coordinated with the NTSB or other authority who may have assumed responsibility for the
investigation.
Depending on the type of aircraft, the airline or the military may be responsible for family
notifications and the release of victims’ names. The [PIO] should coordinate with other involved
entities before the release of information.

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438 Oxnard PD Policy Manual

Obtaining Air Support

438.1 PURPOSE AND SCOPE
The use of a police helicopter can be invaluable in certain situations. This policy specifies potential
situations where the use of a helicopter may be requested and the responsibilities for making a
request.

438.2 REQUEST FOR HELICOPTER ASSISTANCE

If a supervisor or officer in charge of an incident determines that the use of a helicopter would be
beneficial, a request to obtain helicopter assistance may be made.

438.2.1 REQUEST FOR ASSISTANCE FROM ANOTHER AGENCY

After consideration and approval of the request for a helicopter, the Watch Commander, or his/her
designee, will call the closest agency having helicopter support available. The Watch Commander
on duty will apprise that agency of the specific details of the incident prompting the request.

438.2.2 CIRCUMSTANCES UNDER WHICH AID MAY BE REQUESTED

Police helicopters may be requested under any of the following conditions:
(a) When the helicopter is activated under existing mutual aid agreements
(b) Whenever the safety of law enforcement personnel is in jeopardy and the presence
of the helicopters may reduce such hazard
(c) When the use of the helicopters will aid in the capture of a suspected fleeing felon
whose continued freedom represents an ongoing threat to the community
(d) When a helicopter is needed to locate a person who has strayed or is lost and whose
continued absence constitutes a serious health or safety hazard
(e) Vehicle pursuits
While it is recognized that the availability of helicopter support will generally provide valuable
assistance to ground personnel, the presence of a helicopter will rarely replace the need for officers
on the ground.

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440 Oxnard PD Policy Manual

Detentions And Photographing Detainees

440.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for conducting field interviews (FI) and pat-
down searches, and the taking and retention of photographs of persons detained in the field but
not arrested. Due to a variety of situations confronting the officer, the decision to FI or photograph
a field detainee shall be left to the discretion of the involved officer based on the totality of the
circumstances available to them at the time of the detention.

440.2 DEFINITIONS
Detention - Occurs when an officer intentionally, through words, actions or physical force
causes an individual to reasonably believe he/she is being required to restrict his/her movement.
Detentions also occur when an officer actually restrains a person’s freedom of movement.
Consensual Encounter - Occurs when an officer contacts an individual but does not create a
detention through words, actions or other means. In other words, a reasonable individual would
believe that his/her contact with the officer is voluntary.
Field Interview - The brief detainment of an individual, whether on foot or in a vehicle, based on
reasonable suspicion for the purposes of determining the individual's identity and resolving the
officer's suspicions.
Field Photographs - Field photographs are defined as posed photographs taken of a person
during a contact, detention, or arrest in the field. Undercover surveillance photographs of an
individual and recordings captured by the normal operation of a Mobile Audio Video (MAV)
system when persons are not posed for the purpose of photographing are not considered field
photographs.
Pat-Down Search - This type of search is used by officers in the field to check an individual for
weapons. It involves a thorough patting down of clothing to locate any weapons or dangerous
items that could pose a danger to the officer, the detainee, or others.
Reasonable Suspicion - Occurs when, under the totality of the circumstances, an officer has
articulable facts that criminal activity may be afoot and a particular person is connected with that
possible criminal activity.

440.3 FIELD INTERVIEWS

Officers may stop individuals for the purpose of conducting an FI where reasonable suspicion is
present. In justifying the stop, the officer should be able to point to specific facts which, when
taken together with rational inferences, reasonably warrant the stop. Such facts include, but are
not limited to, the following:
(a) The appearance or demeanor of an individual suggests that he/she is part of a criminal
enterprise or is engaged in a criminal act.

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(b) The actions of the suspect suggest that he/she is engaged in a criminal activity.
(c) The hour of day or night is inappropriate for the suspect's presence in the area.
(d) The suspect's presence in the particular area is suspicious.
(e) The suspect is carrying a suspicious object.
(f) The suspect's clothing bulges in a manner that suggests he/she is carrying a weapon.
(g) The suspect is located in proximate time and place to an alleged crime.
(h) The officer has knowledge of the suspect's prior criminal record or involvement in
criminal activity.

440.3.1 INITIATING A FIELD INTERVIEW

An officer may initiate the stop of a person when there is articulable, reasonable suspicion to do
so. A person however, should not be detained longer than is reasonably necessary to resolve the
officer’s suspicions.
Nothing in this policy is intended to discourage consensual contacts. Frequent and random
casual contacts with consenting individuals are encouraged by the Oxnard Police Department to
strengthen our community involvement, community awareness and problem identification.

440.3.2 WITNESS IDENTIFICATION AND INTERVIEWS

Because potential witnesses to an incident may become unavailable or the integrity of their
statements compromised with the passage of time, officers should, when warranted by the
seriousness of the case, take reasonable steps to promptly coordinate with an on-scene supervisor
and/or criminal investigators to utilize available personnel for the following:
(a) Identify all persons present at the scene and in the immediate area.
1. When feasible, a recorded statement should be obtained from those persons
who claim not to have witnessed the incident but who were present at the time
it occurred.
2. Any potential witness who is unwilling or unable to remain available for a formal
interview should not be detained absent reasonable suspicion to detain or
probable cause to arrest. Without detaining the individual for the sole purpose
of identification, officers should attempt to identify the witness prior to his/her
departure.
(b) Witnesses who are willing to provide a formal interview should be asked to meet at a
suitable location where criminal investigators may obtain a recorded statement. Such
witnesses, if willing, may be transported by department personnel.
1. A written, verbal or recorded statement of consent should be obtained prior to
transporting a witness in a department vehicle. When the witness is a minor,

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consent should be obtained from the parent or guardian, if available, prior to

transportation.

440.4 PAT-DOWN SEARCHES

A pat-down search of a detained subject may be conducted whenever an officer reasonably
believes that the person may possess an object that can be utilized as an offensive weapon
or whenever the officer has a reasonable fear for his/her own safety or the safety of others.
Circumstances that may establish justification for performing a pat-down search include, but are
not limited to the following:
(a) The type of crime suspected, particularly in crimes of violence where the use or threat
of deadly weapons is involved.
(b) Where more than one suspect must be handled by a single officer.
(c) The hour of the day and the location or neighborhood where the stop takes place.
(d) Prior knowledge of the suspect's use of force and/or propensity to carry deadly
weapons.
(e) The appearance and demeanor of the suspect.
(f) Visual indications which suggest that the suspect is carrying a firearm or other weapon.
(g) The age and gender of the suspect.
Whenever possible, pat-down searches should be performed by officers of the same gender.

440.5 FIELD PHOTOGRAPHS

Before photographing any field detainee, the officer shall carefully consider, among other things,
the factors listed below.

440.5.1 FIELD PHOTOGRAPHS TAKEN WITH CONSENT

Field photographs may be taken when the subject of the photograph knowingly and voluntarily
gives consent.

440.5.2 FIELD PHOTOGRAPHS TAKEN WITHOUT CONSENT

Field photographs may be taken without consent only if they are taken during a detention that is
based upon reasonable suspicion of criminal activity, and the photograph serves a legitimate law
enforcement purpose related to the detention. Mere knowledge or suspicion of gang membership
or affiliation is not a sufficient justification for taking a photograph without consent. The officer
must be able to articulate facts that reasonably indicate that the subject was involved in or was
about to become involved in criminal conduct.
If, prior to taking a photograph, the officer's reasonable suspicion of criminal activity has been
dispelled, the detention must cease and the photograph should not be taken.

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440.6 SUPERVISOR RESPONSIBILITY

While it is recognized that field photographs often become valuable investigative tools, supervisors
should monitor such practices in view of the above listed considerations. This is not to imply that
supervisor approval is required before each photograph. Access to field photographs shall be
strictly limited to law enforcement purposes.

440.7 DISPOSITION OF PHOTOGRAPHS

If an individual is photographed as a suspect in a particular crime, the photograph should be
submitted as an evidence item in the related case, following standard evidence procedures.
If a photograph is not associated with an investigation where a case number has been issued, the
investigating officer should review and forward the photograph to one of the following locations:
(a) If the photo and associated FI or memorandum is relevant to criminal street gang
enforcement, the Watch Commander will forward the photo and documents to the
Violent Crimes Unit (VCU) supervisor. The VCU supervisor will ensure the photograph
and supporting documents are retained as prescribed by Policy Manual § 442.
(b) Photographs that do not qualify for Criminal Street Gang file retention or which are not
evidence in an investigation with an assigned case number should be forwarded to the
Records Division. These photographs will be purged as described in Policy Manual
§ 440.7.1.
When a photograph is taken in association with a particular case, the detective may use such
photograph in a photo lineup. Thereafter, the individual photograph should be retained as a part of
the case file. All other photographs will be kept in the Records Division in a separate non-booking
photograph file in alphabetical order.

440.7.1 PURGING THE FIELD PHOTO FILE

The Records Manager will be responsible for ensuring that photographs maintained by the
Records Division that are more than one year old and no longer serve a law enforcement purpose
are periodically purged and destroyed. Photographs that continue to serve a legitimate law
enforcement purpose may be retained longer than one year provided that a notation of that fact
is added to the file for each additional year that they are retained. Access to the FI photo file shall
be strictly limited to law enforcement purposes.
A photograph need not be purged but may be retained as an updated photograph in a prior booking
file if the person depicted in the photograph has been booked at the Oxnard Police Department
and the booking file remains in the Records Division.

440.8 PHOTO REVIEW POLICY

Any person who has been the subject of a field photograph or an FI by this agency during any
contact other than an arrest may file a written request within 30 days of the contact requesting a
review of the status of the photograph/FI. The request shall be directed to the office of the Chief
of Police who will ensure that the status of the photograph or FI is properly reviewed according to

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this policy as described below. Upon a verbal request, the Department will send a request form
to the requesting party along with a copy of this policy.

440.8.1 REVIEW PROCESS

Upon receipt of such a written request, the Chief of Police or his or her designee will permit the
individual to appear in person (any minor must be accompanied by their parent or legal guardian)
for a review of the status of the photograph/Fl.
Such a meeting will generally be scheduled during regular business hours within 30 days of the
receipt of the written request. An extension of the 30-day limit may be made either upon the mutual
convenience of the parties or if, at the discretion of the Chief of Police, there appears to be an
ongoing legitimate law enforcement interest which warrants a delay. If the delay could jeopardize
an ongoing investigation, nothing in this policy shall require the Chief of Police to disclose the
reason(s) for the delay.
A meeting for the review of the status of any non-arrest photograph/FI is not intended to be a
formal hearing, but simply an informal opportunity for the individual to meet with the Chief of Police
or his/her designee to discuss the matter.
After carefully considering the information available, the Chief of Police or designee will determine,
generally within 30 days of the original meeting, whether the photograph/FI was obtained in
accordance with existing law and Oxnard Police Department policy and, even if properly obtained,
then whether there is any ongoing legitimate law enforcement interest in retaining the photograph/
FI.
If the Chief of Police or his/her designee determines that the photograph/FI was obtained in
accordance with existing law and department policy and that there is an ongoing legitimate law
enforcement interest in retaining the non-arrest photograph, the photograph/FI shall be retained
according to this policy and applicable law.
If the Chief of Police or his/her designee determines that the original legitimate law enforcement
interest in retaining a non-arrest photograph no longer exists or that it was obtained in violation
of existing law or Oxnard Police Department policy, the original photograph will be destroyed or
returned to the person photographed, if requested. All other associated reports or documents,
however, will be retained according to department policy and applicable law.
If the Chief of Police or his/her designee determines that the original legitimate law enforcement
interest in retaining a non-arrest FI no longer exists or that the original F/I was not obtained in
accordance with established law or Oxnard Police Department policy, the original FI may only
be destroyed upon the execution of a full and complete waiver of liability by the individual (and
guardian if a minor) arising out of that field contact.
If the Chief of Police or his/her designee determines that any involved Oxnard Police Department
personnel violated existing law or department policy, the Chief of Police or designee shall
initiate a separate internal investigation which may result in additional training, discipline or other
appropriate action for the involved employees.

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The person photographed/FI'd will be informed in writing within 30 days of the Chief of Police’s
determination whether or not the photograph/FI will be retained. This does not entitle any person
to any discovery or access to any law enforcement records not otherwise authorized by law.

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Criminal Organizations
442.1 PURPOSE AND SCOPE
The purpose of this policy is to ensure that the Oxnard Police Department appropriately utilizes
criminal intelligence systems and temporary information files to support investigations of criminal
organizations and enterprises.

442.2 POLICY
The Oxnard Police Department recognizes that certain criminal activities, including but not limited
to gang crimes and drug trafficking, often involve some degree of regular coordination and may
involve a large number of participants over a broad geographical area.
It is the policy of this department to collect and share relevant information while respecting the
privacy and legal rights of the public.

442.3 CRIMINAL INTELLIGENCE SYSTEMS

No department member may create, submit to or obtain information from a criminal intelligence
system unless the Chief of Police has approved the system for department use.
Any criminal intelligence system approved for department use should meet or exceed the
standards of 28 CFR 23.20.
A designated supervisor will be responsible for maintaining each criminal intelligence system that
has been approved for department use. The supervisor or the authorized designee should ensure
the following:
(a) Members using any such system are appropriately selected and trained.
(b) Use of every criminal intelligence system is appropriately reviewed and audited.
(c) Any system security issues are reasonably addressed.

442.3.1 REPORT TO THE CALIFORNIA DEPARTMENT OF JUSTICE

The Investigative Services Bureau Chief or the authorized designee shall ensure that the annual
report of information submitted to a shared gang database as required by Penal Code § 186.34
is submitted to the California Department of Justice.

442.4 TEMPORARY INFORMATION FILE

No member may create or keep files on individuals that are separate from the approved criminal
intelligence system. However, members may maintain temporary information that is necessary to
actively investigate whether a person or group qualifies for entry into the department-approved
CIS only as provided in this section. Once information qualifies for inclusion, it should be submitted
to the supervisor responsible for consideration of CIS entries.

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442.4.1 FILE CONTENTS

A temporary information file may only contain information and documents that, within one year, will
have a reasonable likelihood to meet the criteria for entry into an authorized criminal intelligence
system.
Information and documents contained in a temporary information file:
(a) Must only be included upon documented authorization of the responsible department
supervisor.
(b) Should not be originals that would ordinarily be retained by the Records Division or
Property Unit, but should be copies of, or references to, retained documents such as
copies of reports, field interview (FI) forms, the Communications Center records or
booking forms.
(c) Shall not include opinions. No person, organization or enterprise shall be labeled as
being involved in crime beyond what is already in the document or information.
(d) May include information collected from publicly available sources or references to
documents on file with another government agency. Attribution identifying the source
should be retained with the information.

442.4.2 FILE REVIEW AND PURGING

The contents of a temporary information file shall not be retained longer than one year. At the
end of one year, the contents must be purged or entered in an authorized criminal intelligence
system, as applicable.
The designated supervisor shall periodically review the temporary information files to verify that
the contents meet the criteria for retention. Validation and purging of files is the responsibility of
the supervisor.

442.5 INFORMATION RECOGNITION

Department members should document facts that suggest an individual, organization or enterprise
is involved in criminal activity and should forward that information appropriately. Examples include,
but are not limited to:
(a) Gang indicia associated with a person or residence.
(b) Information related to a drug-trafficking operation.
(c) Vandalism indicating an animus for a particular group.
(d) Information related to an illegal gambling operation.
Department supervisors who utilize an authorized criminal intelligence system should work with
the Training Sergeant to train members to identify information that may be particularly relevant
for inclusion.

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442.6 RELEASE OF INFORMATION

Department members shall comply with the rules of an authorized criminal intelligence system
regarding inquiries and release of information.
Information from a temporary information file may only be furnished to department members
and other law enforcement agencies on a need-to-know basis and consistent with the Records
Maintenance and Release Policy.
When an inquiry is made by the parent or guardian of a juvenile as to whether that juvenile’s
name is in a temporary information file, such information should be provided by the supervisor
responsible for the temporary information file, unless there is good cause to believe that the
release of such information might jeopardize an ongoing criminal investigation.

442.7 CRIMINAL STREET GANGS

The Detective Division/VCUSergeant should ensure that there are an appropriate number of
department members who can:
(a) Testify as experts on matters related to criminal street gangs, and maintain an above
average familiarity with:
1. Any organization, associate or group of three or more persons that meets the
definition of a criminal street gang under Penal Code § 186.22(f).
2. Identification of a person as a criminal street gang member and criminal street
gang-related crimes.
3. The California Street Terrorism Enforcement and Prevention Act (Penal Code
§ 186.21 et seq.), associated crimes and what defines a criminal street gang
(Penal Code § 186.22).

(b) Coordinate with other agencies in the region regarding criminal street gang-related
crimes and information.
(c) Train other members to identify gang indicia and investigate criminal street gang-
related crimes.

442.8

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442.8.1 REPORTING CRITERIA AND ROUTING

Suspicious incidents, information reports and criminal incidents that appear to be criminal street
gang related shall be documented on a report form.
The reporting officer shall describe why the incident may be criminal street gang related and
document statements, actions, dress, etc. that would tend to support the belief that involvement
of a criminal street gang has occurred.
The officer shall specifically indicate that a copy of the report be routed to the Violent Crimes Unit.
Officers completing a field interview card under the guidelines above shall photocopy the card and
deliver it to the Violent Crimes Unit.

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If it is determined that it is preferable to take field photographs and there isn't a report number
associated with the event, indicate on the photo card that the photos should be forwarded to the
Violent Crimes Unit.

442.11 GANG REGISTRATION PROTOCOL

The following protocol will be in effect for the purposes of gang registration:
(a) Individuals sentenced in adult or juvenile court and informed of their duty to register
pursuant to Penal Code §186.30 will contact the Records Division of the Oxnard
Police Department. The Records Division will maintain a ledger and will document the
individual's name, DOB, address, phone number, and the date of contact.
(b) Records personnel will send an email to the VCU Sergeant notifying him/her of the
individual and providing the above-listed information.
(c) The VCU Sergeant will assign the registration to any available gang investigator. SEU
personnel may also be tasked with assisting in the completion of gang registrations.
(d) The assigned investigator/officer will contact the individual and set up an appointment
where the gang registration form (with photograph and right thumbprint) will be
completed. Investigators/officers are encouraged to take this opportunity to talk with

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the individual about information pertaining to his street gang and gather any available
intelligence. If the appointment is set for the individual's residence, investigators/
officers are reminded to adhere to all officer safety standards when entering a known
gang member's residence.
(e) The assigned investigator/officer will make every effort to complete the registration
process within 10 days of notification of the registration.

442.12 TRAINING
The Training Sergeant should provide training on best practices in the use of each authorized
criminal intelligence system to those tasked with investigating criminal organizations and
enterprises. Training should include:
(a) The protection of civil liberties.
(b) Participation in a multiagency criminal intelligence system.
(c) Submission of information into a multiagency criminal intelligence system or the receipt
of information from such a system, including any governing federal and state rules
and statutes.
(d) The type of information appropriate for entry into a criminal intelligence system or
temporary information file.
(e) The review and purging of temporary information files.

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Watch Commanders
444.1 PURPOSE AND SCOPE
Each patrol shift must be directed by supervisors who are capable of making decisions
and communicating in a manner consistent with departmental policies, procedures, practices,
functions, and objectives. To accomplish this goal, a Watch Commander leads each shift.

444.2 DESIGNATION AS ACTING WATCH COMMANDER

When a commander is unavailable for duty as the Watch Commander, a sergeant shall be
designated as acting Watch Commander. This policy does not preclude designating a senior
officer or police officer as an acting Watch Commander when operational needs require or as
training permits.

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Mobile Digital Computer Use

448.1 PURPOSE AND SCOPE
The Mobile Digital Computer (MDC) accesses confidential records from the State of California,
Department of Justice and Department of Motor Vehicles databases. Employees using the MDC
shall comply with all appropriate federal and state rules and regulations.

448.2 MDC USE

The MDC shall be used for official police communications only. Messages that are of a sexual,
racist, or offensive nature, or otherwise critical of any employee of the Department are strictly
forbidden.
Messages may be reviewed by supervisors at anytime without prior notification. Employees
generating or transmitting messages not in compliance with this policy are subject to discipline.
Priority-I and higher Priority-II calls will have a voice dispatch and MDC transmission. Units should
transmit on scene with a radio transmission. Officers should also use the MDC to clear the call and
type a more detailed disposition. Priority-III and lower Priority-II calls may be sent via MDC.officer
MDC

448.2.1 USE WHILE DRIVING

Use of the MDC by the vehicle operator should generally be limited to times when the vehicle
is stopped. When the vehicle is in motion, the operator should only attempt to read messages
that are likely to contain information that is required for immediate enforcement, investigative, or
safety needs.
Short transmissions, such as a license plate check, are permitted if it reasonably appears that
it can be done safely. In no case shall an operator attempt to send or review lengthy messages
while the vehicle is in motion.

448.2.2 DOCUMENTATION OF ACTIVITY

MDCs and voice transmissions are used to record the officer's daily activity. To ensure the most
accurate recording of these activities, the following are required:

(a) All contacts or activity shall be documented at the time of the contact;
(b) Whenever the activity or contact is initiated by radio broadcast, it shall be entered into
the Computer Aided Dispatch (CAD) system by a dispatcher;
(c) Whenever the activity or contact is not initiated by radio broadcast, the officer shall
record it on the MDC.

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448.2.3 STATUS CHANGES

All changes in status on Priority I calls will be transmitted verbally over the police radio and through
the MDC system. Priority II and Priority III calls should generally be transmitted over the MDC.
Officers responding to in-progress calls shall advise changes in status verbally over the radio to
assist other officers responding to the same incident.

448.2.4 HIT CONFIRMATION

Information obtained from CLETS or VCJIS through the MDC may be used by a peace officer to
establish or reinforce the reasonable suspicion necessary to lawfully detain a suspect. It is not
sufficient alone for establishing the probable cause necessary for law enforcement actions such as
conducting a search, seizing property, or placing an individual under arrest. Information obtained
from CLETS or VCJIS is sufficient for establishing probable cause once its validity and reliability
have been confirmed.
Any field unit receiving a hit or near hit on their MDC through CLETS or VCJIS will need to notify
dispatch verbally of the hit and request confirmation. The unit will also advise if backup is needed.
The following steps will take place:

(a) The field unit will advise the dispatcher by voice that they have a hit such as, warrant,
stolen vehicle, stolen property etc.
(b) The unit will provide the last name of the subject, the license, VIN, or serial number ran.
(c) If the officer had not checked out prior, they will advise their location and a vehicle
description if applicable.
(d) The dispatcher will notify the field unit when the hit is confirmed.

448.3 MDC CONSIDERATIONS

Personnel using an MDCs will log on and off at the beginning and end of each tour of duty. Each
officer will use only his/her user ID and password. If an officer will be away from the unit and
another person has access to the MDC (carwash, city garage, etc.), the officer will log off.
No employee shall access or allow others to access any file or database unless that person has
both the need to know and right to know such information. Additionally, personal identification and
access codes shall not be revealed to any unauthorized source.
No personally owned software, hardware, or network device of any type will be installed on the
MDCs unless authorized by the Department systems administrator.

448.3.1 NON-FUNCTIONING MDC

Whenever possible, officers will not use units with malfunctioning MDC's. Whenever officers must
drive a unit in which the MDC is not working, they shall notify the Communications Center. It
shall be responsibility of the Communications Center to record all information that will then be
transmitted verbally over the police radio.

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448.3.2 CIVILIAN RIDE-ALONG

Officers will remind all ride-alongs of the regulations on the Ride-Along Application. Specifically,
reminding them that they may be exposed to criminal offender records information of persons
contacted or investigated by the police. Law prohibits them from divulging any information they
view or hear about to anyone.

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Portable Audio/Video Recorders

450.1 PURPOSE AND SCOPE
The use of recording devices is intended to enhance the mission of the Department by accurately
capturing contacts between employees of the Department and the public. This policy provides
guidelines for the use of portable audio/video recording devices by Department personnel while
in the performance of their duties.
Currently, the Oxnard Police Department utilizes three types of portable recording devices:
(a) Body-worn cameras (BWCs).
(b) Digital audio recorders.
(c) Video cameras.
This policy recognizes that there may be instances when the above listed recording devices may
not be available. Although not the preferred method, other devices such as cell phones may be
used to capture digital evidence.
At no time is an employee expected to jeopardize his/her safety in order to activate a recorder. In
instances where employees are unable to record due to safety precautions, the recording should
begin as soon as safely practical.
The Department recognizes that video images cannot always show the full story, nor do
video images capture an entire scene. The use of portable recording devices does not reduce
the requirement to provide thorough written documentation of an incident. Persons reviewing
recordings must also be cautious before conclusions are reached about what the recordings show.

450.2 DEFINITIONS
(a) Body-Worn Camera (BWC) - A camera worn on an individual's person that records
and stores audio and video.
(b) Video Cameras - Generally refers to handheld video recording devices.
(c) Audio Recorders - Personal audio recording devices typically worn on an individual's
person that records and stores audio.
(d) Digital Evidence - Digital media files, including photographs, audio recordings and
video footage, captured by a recording device is considered investigative material and
stored digitally.
(e) Buffering Mode – When a BWC is on but has not been activated to record both sound
and video. While in the buffering mode, the camera will continuously record video only
in 30 second loops.
(f) Evidence Transfer System (ETM) - A portable multi-ported docking station used for
the transfer of digital evidence. The BWC ETM simultaneously recharges the BWC
while uploading all digitally encrypted data from the device. Other devices typically
interface with a computer workstation for the transfer of digital evidence.

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(g) Metadata - Case numbers, event/incident numbers, and other descriptors used to
identify digital evidence.

450.3 PRIVACY
All recordings made by personnel acting in their official capacity as members of this Department
shall be deemed property of the Department. These recordings should not be considered private,
regardless of whether those recordings were made with department-issued or personally-owned
recorders. The recordings will not be copied, released or disseminated in any form or manner
outside the parameters of this policy without the express written consent of the Chief of Police
or his/her designee.

450.4 EMPLOYEE RESPONSIBILITIES

All employees are responsible for making sure their portable recording devices are in good
working order. Employees shall promptly, upon discovery, notify a supervisor if their equipment
is not properly functioning and turn the malfunctioning equipment in to the Body Worn Camera
Administrator for repair or replacement.
Whether the digital evidence is audio, video, or both, it is important to ensure the metadata is
attached to each file. The employee must ensure the hardware has the correct date and time prior
to using the device. If the designed systems for capturing this information is not working correctly,
the employee will record his/her name, employee number, and the current date and time at the
beginning and the end of the shift or other period of use, regardless of whether any activity was
recorded. This procedure is not required when the recording device and related software captures
the user's unique identification and the date and time of each recording.
Unless approved by a supervisor, employees shall upload all recorded files prior to ending their
shift. The primary officer, as well as any officer who will be preparing a report will, at a minimum,
enter the case report number for each recording.
Employees are generally discouraged from using personal devices such as phones and tablets to
record during the course of duty. Any employee who uses a personally-owned recording device
for department-related activities shall comply with the provisions of this policy manual, including
retention and release requirements.

450.4.1 BODY-WORN CAMERAS

The BWC system is designed to capture both an audio and visual representation of events officers
are involved with on a daily basis. The use of the BWC is the default method of capturing events
listed under section 450.5.
(a) User Responsibility
1. Ensure the battery on the BWC is fully charged and operating properly.
2. Officers shall position the BWC above the midline of their torso on their uniform
to facilitate an optimum recording field of view.

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3. Officers shall keep the BWC powered on in buffering mode while on-duty, except
during instances listed in section 450.5.1 (a-l). In certain tactical situations,
officers may temporarily disable the visual (LED) and haptic (vibration) feedback
on the BWC by placing the BWC into "stealth mode."
4. Officers shall dock their issued BWC for automated upload of data files daily
prior to the end of their shift, at the docking station, to ensure storage capacity
is not exceeded and/or to view uploaded audio/video.
5. Document the use of the BWC in police reports when a report is generated.
6. Once video is captured, officers shall identify BWC files by:
(a) Case number in the Case ID Field.
(b) Entering a title. The title should include sufficient information to identify the
file, such as crime code, suspect name, location, event, etc.
(c) Selecting the appropriate category(s).
(d) This information may be entered via handheld device, MDC, or computer
workstation via the Evidence.com website.

450.4.2 VIDEO CAMERAS ASSIGNED TO PATROL SUPERVISORS

Video cameras will be made available to Department personnel, for the purpose of documenting
significant events. These cameras will be issued to patrol sergeants.
The following are situations where the use of a video camera should be considered:
(a) Critical incidents
(b) Demonstrations and civil unrest
(c) Mobile Field Force deployments
(d) S.W.A.T. deployments
(e) Barricaded individuals
(f) Uncooperative, potentially violent, or resistive subjects
(g) Subjects demonstrating signs of excited delirium
(h) Field investigations where appropriate
When sufficient personnel are present, on-scene supervisors shall delegate the use of a video
camera to another officer or Department employee, in order to facilitate the appropriate supervision
of the scene.
Video cameras shall only be used for official department-related activity and purpose. The use
of video cameras in the field shall be guided by applicable laws related to a person’s reasonable
expectation of privacy.

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450.5 REQUIRED ACTIVATION OF AUDIO RECORDERS

This policy is not intended to describe every possible situation where use of portable recording
devices may be appropriate. In most circumstances, the use of the BWC is the required device
for capturing the events. The following are situations that require the use of a portable recording
device:
(a) All enforcement encounters where there is at least reasonable suspicion the person(s)
has committed, is committing or may be involved in criminal activity. This includes,
but is not limited to:
1. Detentions, vehicle stops, pedestrian stops and consensual encounters.
2. Probation, parole, post-release community supervision, mandatory supervision
or consent searches, and ‘knock and talks.’
(b) Taking or attempting to take a person into custody (e.g., arrests, protective custody
of mentally disturbed person, etc.).
(c) Enforcement encounters where there is reason to believe that the individual is
committing a violation for which a citation may be issued.
(d) All incidents involving a use of force.
(e) All public interaction, regardless of context, that escalates and becomes adversarial.
(f) Service of search or arrest warrants.
(g) Suspect statements.
(h) Witness/Victim statements (when practical).
(i) Code 3 driving operations.
(j) Response to complaints or calls for service.
(k) When transporting prisoners, detained subjects, and those people who are under
criminal investigation.

450.5.1 WHEN ACTIVATION IS NOT REQUIRED

There are circumstances where video recording may not be appropriate:
(a) A potential witness who requests to speak to an officer confidentially or desires
anonymity.
(b) A victim or witness who requests that he or she not be video recorded and the situation
is not confrontational.
(c) A victim who requests that he or she not be video recorded as a condition of
cooperation and the interests of justice require such cooperation.
(d) During tactical briefings, or the discussion of safety and security procedures.
(e) Undercover officers, except in the course of criminal investigation.
(f) Strip searches.
(g) Public or private locker rooms, changing rooms, restrooms, unless taking the police
actions stated in 450.5(a-k).

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(h) Doctors’ or lawyers’ offices, unless taking the police actions stated in 450.5(a-k).
(i) Medical or hospital facilities, unless taking the police actions stated in 450.5(a-k).
(j) Other places where individuals unrelated to the investigation are present and would
have a reasonable expectation of privacy, unless taking the police actions stated in
450.5(1-10).
(k) The monitoring of persons based solely upon the person’s political or religious beliefs
or upon the exercise of the person’s constitutional rights to freedom of speech and
religious expression, petition and assembly under the United States and California
Constitutions, or because of the content or viewpoint of the person’s protected speech
is prohibited.
(l) Cold report calls are generally those calls for service where the suspect is not at the
scene and there is a low probability of locating the suspect during the call for service.
In circumstances in which the officer chooses not to video record, the audio recorder shall be
activated to comply with the situations listed under sections 450.5(a-k).
Once a portable recording device is activated, it shall remain on and shall not be turned
off, paused, or muted until the incident or contact has concluded. An exception would be in
situations where officers are engaged in a private conversation involving sensitive information
(e.g. tactics being used to address an incident, information regarding or involving an informant
and/or potential informant, etc.) or when interviewing multiple consecutive victims/witnesses (e.g.
such as during a canvass).

450.5.2 WHEN TO DEACTIVATE

Recordings shall not be intentionally terminated until the conclusion of the encounter, except for
tactical or safety reasons, or the encounter no longer holds evidentiary or investigative value.
Any time the recording is terminated prior to the end of the encounter, the reason(s) should be
documented on the portable recording device before deactivation.
Officers will use reasonable judgment in determining when to deactivate the BWC, such as when
the purpose for activation is no longer present (examples include 1) An officer is assigned to an
outer perimeter position for an extended period of time and has no verbal or visual contact with
involved parties2) Officers have secured a prisoner and are completing paperwork outside the
presence of the prisoner).
Keeping in mind that static situations may change rapidly, officers need to recognize it may be
necessary to re-activate their BWC unexpectedly (example: Officers are assigned to an outer
perimeter position with their cameras turned off, and a suspect exits the residence to surrender
or run from police).
Officers shall deactivate the portable recording device when engaged in conversations with
individuals with whom the officer is in a privileged relationship (e.g. spouse, attorney, police peer
counselor, labor representative, minister, etc.). Officers will verbally indicate why the portable
recording device is being deactivated and will re-activate the portable recording device at

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the conclusion of the private conversation, if the need for recording the police encounter or
investigation still exists.

450.6 PROHIBITED USE OF PORTABLE RECORDERS

Employees are prohibited from surreptitiously recording any Department member without their
consent, a court order, or unless lawfully authorized by the Chief of Police or designee for the
purposes of a criminal investigation.
Employees are prohibited from using department-issued portable recording devices and recorded
media for personal use, and are prohibited from making personal copies of recordings created
while on-duty or while acting in his/her official capacity.
Employees are also prohibited from retaining recordings of activities or information obtained
while on-duty, whether the recording was created with department-issued or personally-owned
recorders. Employees shall not duplicate or distribute such recordings, except for authorized
legitimate Department business purposes. Unless for official business, recordings of any type shall
not be posted to or distributed via the internet, email, file transfer, remote computer access, news
services, social networking, social media, instant messaging, blogs, forums, video and other file-
sharing sites without prior approval from the Chief of Police. All such recordings shall be retained
by the Department.
Department employees operating portable recording devices shall not record any person or
situation based solely on race, ethnicity, sex, sexual orientation, disability or other classifications
protected by law.

450.7 TRAINING WITH BODY-WORN CAMERA FILES

A BWC file may be utilized as a training tool for individuals, specific units, and the Department.
Department members recommending utilization of a BWC file for training purposes will submit the
recommendation and approval through the chain of command to their Division Commander.
Exceptions: Field Training Officers may use BWC files to provide immediate training to recruits
and to assist with the completion of the Daily Observation Report (DOR). Supervisors may use
BWC files to provide immediate training or counseling to an employee in a discrete environment.

450.8 RETENTION OF RECORDINGS

Any time a Department employee records any portion of a contact that the employee reasonably
believes constitutes evidence in a criminal case, the employee shall record the related case
number and download the file in accordance with the Policy Manual § 814 (Computers and Digital
Evidence) and document the existence of the recording in the related report.
Any time a Department employee reasonably believes a recorded contact may be beneficial in
a non-criminal matter (e.g., a hostile contact), the employee should promptly notify a supervisor
of the existence of the recording.

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In the event an employee unintentionally records a personal or private situation, the employee’s
supervisor or Watch Commander may allow the deletion of the recording, once it is determined
to have no value for police-related matters.

450.8.1 RETENTION REQUIREMENTS

All recordings shall be retained for a period consistent with the requirements of the Department's
records retention schedule, but in no event for a period less than 2½ years. Any recording
associated with a case will be retained for the life cycle of the case.

450.9 RELEASE OF RECORDINGS

Recordings made using portable recording devices pursuant to this policy are Department
records and may only be released as provided in Policy Manual § 810 (Release of Records and
Information) or for other authorized legitimate Department business purposes.

450.10 REVIEW OF RECORDED MEDIA FILES

When preparing written reports or for oral statement or testimony, employees should review
their recordings as a resource. However, employees should not use the fact that a recording was
made as a reason to write a less detailed report.
Supervisors may routinely inspect recordings, provided that the inspections are reasonable,
conducted in good faith, and not for the sole purpose of searching for violations of Department
policy or law not related to a specific complaint or incident.
Recorded files may also be reviewed:
(a) By any employee, his or her attorney or representative, who is participating in,
as a subject or witness, an official investigation, such as a personnel complaint,
administrative investigation or criminal investigation, if the subject officer’s image or
voice is captured on the recorded file or the officer was present during the incident.
(b) Pursuant to lawful process or by court personnel who are otherwise authorized to
review evidence in a related case.
(c) By media personnel with permission of the Chief of Police or the authorized designee.
In compliance with a public records request, if permitted, and in accordance with Policy
Manual § 810.
(d) In compliance with a public records request, if permitted, and in accordance with Policy
Manual § 810.

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Body Worn Cameras

451.1 PURPOSE AND SCOPE
The use of a body-worn camera (BWC) is intended to enhance the mission of the Department by
accurately capturing contacts between officers and the public. This policy provides guidelines for
the use of a BWC by sworn uniformed Department personnel while in the performance of their
duties. The use of the BWC is the default method of capturing events listed under Policy Manual
section 451.3.
At no time is an employee expected to jeopardize his/her safety in order to activate a BWC
recording. In instances where employees are unable to record, due to safety precautions, the
recording should begin as soon as safely practical.
The Department recognizes that BWC recordings cannot always show the full story, nor do
video images capture an entire scene. The use of a BWC does not reduce the requirement to
provide thorough written documentation of an incident. Persons reviewing BWC recordings must
be cautious before conclusions are reached about what the recordings show.

451.2 DEFINITIONS
(a) Body-Worn Camera (BWC) - A camera worn on an individual's person that records
and stores audio and video.
(b) Buffering Mode - When a BWC is on but has not been activated to record both sound
and video. While in the buffering mode, the camera will continuously record video in
30 second loops.
(c) Metadata - Case numbers, event/incident numbers, and other descriptors used to
identify digital evidence.
(d) Muting- Deactivating audio recorder while video recording continues.

451.3 REQUIRED ACTIVATION OF BODY WORN CAMERA

This policy is not intended to describe every possible situation where the use of a BWC may be
appropriate. The policy also recognizes the rare instances in which there may not be sufficient time
to activate a recording. However, generally anytime there is law enforcement related interaction
with the public, there should be a BWC recording of the contact. The primary purpose of a
recording is to capture police-civilian interactions. When recording with a BWC, transparency
requires video and sound to be continuous.
For any incident that requires a BWC recording, officers shall activate their recorder prior to
making contact with the involved parties. For example, during a detention of a person, the BWC

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recorder shall be activated prior to making contact with the subject, and shall remain activated
until the detention has concluded. Exception: Officers will separate interviews during a canvass
by deactivating and reactivating the recorder in between interviews.
The following are situations that require a BWC recording:
(a) All enforcement encounters where there is at least reasonable suspicion the person(s)
has committed, is committing, or may be involved in criminal activity. This includes,
but is not limited to:
1. Detentions, vehicle stops, pedestrian stops and consensual encounters.
2. Probation, parole, post-release community supervision, mandatory supervision
or consent searches, and ‘knock and talks.’
(b) Taking or attempting to take a person into custody (e.g., arrests, protective custody
of a mentally disturbed person, etc.).
(c) Enforcement encounters where there is reason to believe that the individual is
committing a violation for which a citation may be issued.
(d) All incidents involving a use of force.
(e) All public interaction, regardless of context, that escalates and becomes adversarial.
(f) Service of search or arrest warrants.
(g) Suspect statements.
(h) Witness/Victim statements (when practical).
1. The BWC recording policy applies equally to incidents where any on-duty or off-
duty law enforcement official is involved as a victim, witness, or suspect.
(i) Code 3 driving operations, includes any passenger officer for a two-person unit.
(j) Response to complaints or calls for service.
(k) When transporting prisoners, detained subjects, and those people who are under
criminal investigation.

451.4 WHEN BWC RECORDING IS NOT REQUIRED

There are circumstances when a BWC recording may not be necessary or appropriate:
(a) Discussion of case facts or investigative tactics outside the presence of all involved
parties including any victim, witness, or suspect.
1. It is the officer’s responsibility to reactivate the recording when the purpose of
the deactivation/muting has passed.
(b) A potential witness who requests to speak to an officer confidentially, or desires
anonymity.
(c) A victim or witness who requests that he or she not be video recorded, and the situation
is not confrontational.

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(d) A victim who requests that he or she not be video recorded as a condition of
cooperation, and the interests of justice require such cooperation.
(e) Undercover officers, except in the course of criminal investigation.
(f) Strip searches.
(g) Public or private locker rooms, changing rooms, restrooms, unless taking the police
actions stated in 451.3(a-l).
(h) Doctors’ or lawyers’ offices, unless taking the police actions stated in 451.3(a-l).
(i) Medical or hospital facilities, unless taking the police actions stated in 451.3(a-l).
(j) Any situation involving a Department employee receiving medical attention, either in
the field or at a medical facility, as employee medical confidentiality is paramount.
(k) Other places where individuals unrelated to the investigation are present and would
have a reasonable expectation of privacy, unless taking the police actions stated in
451.3(a-l).
(l) The monitoring of persons based solely upon the person’s political or religious beliefs
or upon the exercise of the person’s constitutional rights to freedom of speech and
religious expression, petition and assembly under the United States and California
Constitutions, or because of the content or viewpoint of the person’s protected speech
is prohibited.
(m) Cold report calls, which are generally those calls for service, where the suspect is not
at the scene, and there is a low probability of locating the suspect during the call for
service.
In circumstances in which the officer chooses not to video record, the audio recorder shall be
activated to comply with the situations listed under Policy Manual sections 451.3(a-l).

451.5 WHEN TO DEACTIVATE A BWC RECORDING

Officers will verbally articulate on camera the specific reason for discontinuing/muting the
recording before deactivating/muting any BWC recording.
Officers shall deactivate their BWC when engaged in conversations with individuals with whom
the officer is in a privileged relationship (e.g. spouse,attorney, police peer counselor, labor
representative, minister, etc.). At the conclusion of the private conversation, if the need for
recording the police encounter still exists, officers will reactivate the recorder.

451.6 USE OF FORCE AND CRITICAL INCIDENTS

The public potentially has a compelling interest in any use of force or critical incident, as defined
under Policy Manual sections 300.5.1 and 305.2 of this manual. Under no circumstances shall
a BWC recording be deactivated/muted during, or after, a use of force or critical incident, if any
police-civilian interaction/encounter is still in progress. If, during a use of force incident,an officer’s
BWC becomes dislodged from his or her person, the officer shall remain focused on taking the

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subject into custody before retrieving the BWC. In such situations, it is recognized the BWC may
not capture the use of force incident in its entirety.

451.7 OFFICER RESPONSIBILITIES

(a) Ensure BWC is in good working order.
1. Ensure the BWC hardware has the correct date and time prior to using the
device.
2. If the BWC is not functioning properly, officers shall promptly notify a supervisor
and turn the equipment into the BWC Administrator for repair or replacement.
(b) Officers shall position the BWC on their uniform to facilitate an optimum recording field
of view. For most officers, the position will be above the midline of their torso. A belt
mounted system is also an acceptable position.
1. Officers must wear the BWC on the outermost garment and must ensure the
recording field of view is not obstructed by a jacket, inclement weather gear,
plate carrier, etc.
(a) It is recognized that in tense, rapidly unfolding exigent circumstances,
where there is an imminent threat to the safety of others and time is of the
essence, there may not be sufficient time to attach a BWC to the outermost
garment.
(c) While on-duty, officers shall keep the BWC powered-on, in buffering mode, except
during instances listed in Policy Manual section 451.4 (a-l). In certain tactical
situations, officers may temporarily disable the visual (LED) and (vibration) feedback,
by placing the BWC into "stealth mode."
(d) Unless approved by a supervisor, officers shall place their BWC on a docking station,
on a daily basis, prior to the end of their shift. The automated upload on a daily basis will
ensure storage capacity is not exceeded and will allow officers to view their recordings.
(e) Traffic Unit and K-9 Unit officers shall dock their cameras, on their work days, at least
once per shift. Exceptions include special enforcement operations or events. In such
circumstances, the officers must dock their camera as soon as practical during their
next regular work day.
(f) Ensure the metadata is attached to each BWC recording.
1. The primary officer, as well as any other officer who will be preparing a report,
will enter the case report number for each recording.
(g) Document the use of the BWC in police reports, when a report is generated.

451.8 TRAINING WITH BODY-WORN CAMERA FILES

BWC files may be utilized as a training tool for individuals, specific units, and the Department.
Department members recommending utilization of a BWC file for training purposes will submit

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the recommendation and approval through the chain of command to their Division Commander.
Exceptions:
(a) Field Training Officers may use BWC files to provide immediate training to recruits
and to assist with the completion of the Daily Observation Report (DOR).
(b) Supervisors may use BWC files to provide immediate training or counseling to an
employee in a discrete environment.

451.9 REVIEW OF BODY-WORN CAMERA VIDEO FILES

Although the data captured by the BWC is not considered Criminal Offender Record Information
(CORI), it shall be treated in the same manner as CORI data.All access to the system is logged
and subject to audit at any time.Access to the data from the system is permitted on a right to know
and need to know basis.Employees authorized under this policy may review video according to
the provisions of this policy.

451.10 ACCESS TO EVIDENCE.COM

Evidence.com shall only be accessed from Department authorized computers, Department
workstations, Department smartphones, or mobile data computers. Exceptions: 1) Professional
Standards Division Commander, or designee 2) BWC administrators may access Evidence.com
from a computer or device outside of the Department for the purpose of completing administrative
tasks.
Members of the department who access BWC video they did not personally record shall document
the reason for access by entering justifying information in the BWC "NOTES" field prior to viewing.
Exceptions: 1) BWC administrators 2) Professional Standards Division personnel 3) Supervisors
inspecting recordings made by subordinates.

451.11 REQUEST FOR DELETION OF ACCIDENTAL RECORDING

In the event of an accidental activation of the BWC, where the resulting recording is of no
investigative or evidentiary value, the recording employee may request that the BWC recording
be deleted. A memo, with sufficient information, shall be completed and sent to the Commander
overseeing the BWC program who shall review the recording and approve or deny the request.

451.12 COPYING PROCEDURES

Members of this Department shall not download, duplicate, or record any video from Evidence.com
onto any computer, device, drive, memory card, CD, DVD or any other format without the express
consent of the Chief of Police, or designee. Exception: BWC administrators can download videos
at the request of another law enforcement agency or for administrative purposes.

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451.13 REVIEW OF BODY-WORN CAMERA RECORDINGS

When preparing written reports or for oral statement or testimony, employees should review their
BWC recordings as a resource. However, employees should not use the fact that a BWC recording
was made as a reason to write a less detailed report.
Supervisors may routinely inspect BWC recordings, provided that the inspections are reasonable,
conducted in good faith, and not for the sole purpose of searching for violations of Department
policy or law not related to a specific complaint or incident.
BWC recordings may also be reviewed:
(a) By any employee, his or her attorney or representative, who is participating in,
as a subject or witness, an official investigation, such as a personnel complaint,
administrative investigation or criminal investigation, if the subject officer’s image or
voice is captured on the recorded file or the officer was present during the incident.
(b) Pursuant to lawful process or by court personnel who are otherwise authorized to
review evidence in a related case.
(c) By media personnel with permission of the Chief of Police or the authorized designee.
In compliance with a public records request, if permitted, and in accordance with Policy
Manual section 810.
(d) In compliance with a public records request, if permitted, and in accordance with Policy
Manual section 810.

451.14 RELEASE OF BODY-WORN CAMERA RECORDINGS

BWC recordings made pursuant to this policy are Department records and may only be released
as provided in Policy Manual section 810 (Release of Records and Information) or for other
authorized legitimate Department business purposes.

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452 Oxnard PD Policy Manual

Medical Marijuana
452.1 PURPOSE AND SCOPE
The purpose of this policy is to provide members of this department with guidelines for investigating
the acquisition, possession, transportation, delivery, production or use of marijuana under
California’s medical marijuana laws.

452.2 POLICY
It is the policy of the Oxnard Police Department to prioritize resources to forgo making arrests
related to marijuana that the arresting officer reasonably believes would not be prosecuted by
state or federal authorities.
California’s medical marijuana laws are intended to provide protection to those who are seriously
ill and whose health would benefit from the use of medical marijuana.
However, California medical marijuana laws do not affect federal laws and there is no medical
exception under federal law for the possession or distribution of marijuana. The Oxnard
Police Department will exercise discretion to ensure laws are appropriately enforced without
unreasonably burdening both those individuals protected under California law and public
resources.

452.3 INVESTIGATION
Investigations involving the possession, delivery, production or use of marijuana generally fall into
one of several categories:
(a) Investigations when no person makes a medicinal claim.
(b) Investigations when a medicinal claim is made by a cardholder.
(c) Investigations when a medicinal claim is made by a non-cardholder.

452.3.1 INVESTIGATIONS WITH NO MEDICINAL CLAIM

In any investigation involving the possession, delivery, production or use of marijuana or drug
paraphernalia where no person claims that the marijuana is used for medicinal purposes, the
officer should proceed with a criminal investigation if the amount is greater than permitted for
personal use under the Control, Regulate and Tax Adult Use of Marijuana Act (Health and Safety
Code § 11362.1; Health and Safety Code § 11362.2). A medicinal defense may be raised at
any time, so officers should document any statements and observations that may be relevant to
whether the marijuana was possessed or produced for medicinal purposes.

452.3.2 INVESTIGATIONS INVOLVING A MEDICINAL CLAIM MADE BY A CARDHOLDER

A cardholder or designated primary caregiver in possession of an identification card shall not be
arrested for possession, transportation, delivery or cultivation of medical marijuana at or below
the statutory amount unless there is probable cause to believe that (Health and Safety Code §
11362.71; Health and Safety Code § 11362.78):

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(a) The information contained in the card is false or falsified.

(b) The card has been obtained or used by means of fraud.
(c) The person is otherwise in violation of the provisions of the MMP.
(d) The person possesses marijuana but not for personal medical purposes.
Officers who reasonably believe that a person who does not have an identification card in his/her
possession has been issued an identification card may treat the investigation as if the person had
the card in his/her possession.
Cardholders may possess, transport, deliver or cultivate medical marijuana in amounts above
the statutory amount if their doctor has concluded that the statutory amount does not meet
the patient’s medical needs (Health and Safety Code § 11362.71; Health and Safety Code §
11362.77). Investigations involving cardholders with more than the statutory amount of marijuana
should be addressed as provided in this policy for a case involving a medicinal claim made by
a non-cardholder.

452.3.3 INVESTIGATIONS INVOLVING A MEDICINAL CLAIM MADE BY A NON-

CARDHOLDER
No patient or primary caregiver should be arrested for possession or cultivation of an amount
of medical marijuana if the officer reasonably believes that marijuana is in a form and amount
reasonably related to the qualified patient's current medical needs (Health and Safety Code
§ 11362.5). This arrest guidance also applies to sales, transportation or delivery of medical
marijuana, or maintaining/renting a drug house or building that may be a nuisance if otherwise in
compliance with MMP (Health and Safety Code § 11362.765).
Officers are not obligated to accept a person’s claim of having a physician’s recommendation
when the claim cannot be readily verified with the physician but are expected to use their judgment
to assess the validity of the person’s medical-use claim.
Officers should review any available written documentation for validity and whether it contains
the recommending physician’s name, telephone number, address and medical license number
for verification.
Officers should generally accept verified recommendations by a physician that statutory amounts
do not meet the patient’s needs (Health and Safety Code § 11362.77).

452.3.4 ADDITIONAL CONSIDERATIONS

Officers should consider the following when investigating an incident involving marijuana
possession, delivery, production, or use:
(a) Because enforcement of medical marijuana laws can be complex, time consuming,
and call for resources unavailable at the time of initial investigation, officers may
consider submitting a report to the prosecutor for review, in lieu of making an arrest.
This can be particularly appropriate when:
1. The suspect has been identified and can be easily located at a later time.

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2. The case would benefit from review by a person with expertise in medical
marijuana investigations.
3. Sufficient evidence, such as photographs or samples, has been lawfully
obtained.
4. Other relevant factors, such as available [department/office] resources and time
constraints prohibit making an immediate arrest.
(b) Whenever the initial investigation reveals an amount of marijuana greater than the
statutory amount, officers should consider the following when determining whether the
form and amount is reasonably related to the patient’s needs:
1. The amount of marijuana recommended by a medical professional to be
ingested.
2. The quality of the marijuana.
3. The method of ingestion (e.g., smoking, eating, nebulizer).
4. The timing of the possession in relation to a harvest (patient may be storing
marijuana).
5. Whether the marijuana is being cultivated indoors or outdoors.
(c) Before proceeding with enforcement related to collective gardens or dispensaries,
officers should consider conferring with a supervisor, an applicable state regulatory
agency or other member with special knowledge in this area, and/or appropriate legal
counsel (Business and Professions Code § 26010; Business and Professions Code §
26060). Licensing, zoning, and other related issues can be complex. Patients, primary
caregivers, and cardholders who collectively or cooperatively cultivate marijuana for
medical purposes may be licensed or may have a defense in certain circumstances
(Business and Professions Code § 26032; Business and Professions Code § 26033).
(d) Investigating members should not order a patient to destroy marijuana plants under
threat of arrest.

452.3.5 INVESTIGATIONS INVOLVING A STATE LICENSEE

No person issued a state license under the Business and Professions Code shall be arrested
or cited for cultivation, possession, manufacture, processing, storing, laboratory testing, labeling,
transporting, distribution or sale of medical cannabis or a medical cannabis product related to
qualifying patients and primary caregivers when conducted lawfully. Whether conduct is lawful
may involve questions of license classifications, local ordinances, specific requirements of the
Business and Professions Code and adopted regulations. Officers should consider conferring with
a supervisor, the applicable state agency or other member with special knowledge in this area and/
or appropriate legal counsel before taking enforcement action against a licensee or an employee
or agent (Business and Professions Code § 26032).

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458 Oxnard PD Policy Manual

Foot Pursuits
458.1 PURPOSE AND SCOPE
Foot pursuits are inherently dangerous and require common sense, sound tactics and heightened
officer safety. This policy sets forth guidelines to assist officers in making the decision to initiate
or continue the pursuit of suspects on foot. This policy promotes balancing the objective of
successfully resolving the situation with the risks of potential injury to the officer, the suspect, and
the public.

458.1.1 POLICY
Officers often attempt to contact persons who then flee on foot. Officers are challenged to quickly
evaluate the reason for the contact and decide whether or not to give chase on foot.
Officers are expected to responsibly assess the circumstances, and act reasonably. The
safety of Department personnel, public safety, and apprehension of the subject are important
considerations when determining whether a foot pursuit should be initiated or continued. Officers
must be mindful that immediate apprehension of a suspect is rarely more important than the safety
of the public and Department personnel.

458.2 DECISION TO PURSUE

Officers are justified in initiating a foot pursuit of any individual the officer reasonably believes is
about to engage in, is engaging in, or has engaged in criminal activity. The decision to continue
such a foot pursuit, however, should be continuously re-evaluated in light of the circumstances
presented at the time.
Mere flight by a person, who is not suspected of criminal activity, shall not serve as the sole
justification for engaging in a foot pursuit. Without reasonable suspicion regarding the individual's
involvement in criminal activity, officers are limited in their ability to take enforcement actions.
However, this policy does not prohibit officers from merely following a person on foot.

458.3 ALTERNATIVE FOR FOOT PURSUITS -“TRAILING”

“Trailing” is an acceptable alternative to the foot pursuit. Officers and supervisors may elect to
downgrade a foot pursuit to “trailing” in order to assess conditions, maintain solo officer safety, and
to de-escalate lower priority incidents. Officers should advise radio they are “trailing” and remain
a safe distance from the suspect(s) in order to coordinate with responding officers, establish
containment, and increase the likelihood of the safe capture of the suspect(s).

458.4 RESPONSIBILITIES IN FOOT PURSUITS

The supervisor or on-duty watch commander shall continuously assess the situation in order to
ensure the foot pursuit is conducted within established Department guidelines. The supervisor
shall terminate the foot pursuit when the danger to pursuing officers or the public appears to
unreasonably outweigh the objective of the suspect’s immediate apprehension. The supervisor
need not be present on scene in order to exercise control of the event.

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Unless relieved by another officer or a supervisor, the initiating officer shall be responsible for
coordinating the progress of the pursuit. Early communication of available information from the
involved officers is essential so that adequate resources can be coordinated and deployed to bring
a foot pursuit to a safe conclusion. Officers initiating a foot pursuit should clearly broadcast the
following information as soon as possible:
(a) Call sign.
(b) Location and direction of travel.
(c) Reason for the foot pursuit.
(d) Number of suspects and description.
(e) Whether the suspect is known or believed to be armed.
Officers should be mindful that radio transmissions made while running may be difficult to
understand and may need to be repeated. If the foot pursuit is discontinued for any reason,
immediate efforts for containment should be established, and alternatives considered based upon
the circumstances and available resources.
When a foot pursuit terminates, the officer will notify dispatch of his/her location and the status
of the pursuit termination (e.g., suspect in custody, lost sight of suspect), and will direct further
actions.

458.4.1 PERIMETER GUIDELINES

Refer to the Oxnard Police Department’s Field Operations Guide for details.

458.5 REPORTING
The initiating officer shall complete the appropriate crime/arrest reports documenting, at minimum,
the following:
(a) The reason for initiating the foot pursuit.
(b) The identity of involved personnel.
(c) The course and approximate distance of the pursuit.
(d) Whether a suspect was apprehended as well as the means and methods used.
(e) Any injuries or property damage.
Officers and supervisors also have reporting responsibilities, as outlined in the Department’s Use
of Force policy, whenever a suspect is injured or there is a reportable use of force.
In any case in which a suspect is not apprehended and there is insufficient information to warrant
further investigation, a report is not necessary.

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Facial Recognition Technology

461.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the use of Biometric Facial Recognition
Technology.

461.2 POLICY
The policy of the Oxnard Police Department is to utilize Biometric Facial Recognition Technology
that allows officers to submit a digital image to the application that will be used to develop
investigative leads or the identity of a person. All data and images obtained through the use of
facial recognition technology are for the official use of this Department.

461.3 FACIAL RECOGNITION USE

Use of facial recognition technology shall be restricted to officers who have been trained in its
use. Training will be given by an authorized trainer designated by the Investigations Bureau
Commander or designee.
(a) Facial recognition technology and the use of the applications that facilitate this
technology shall only be used for official and legitimate law enforcement business.
(b) Considerations prior to the use of this technology should include whether the individual
is lawfully detained and using the facial recognition system does not prolong the
detention beyond the time reasonably required to complete the investigation and or
contact.
(c) Officers should not typically request facial recognition results when an individual
presents a valid driver license or state identification card unless; the officer reasonably
suspects the driver license or identification card is forged, altered, or otherwise
fraudulent; or the officer reasonably suspects the individual is presenting, as his or her
own, a driver license or identification card issued by a DMV to another person.
(d) Department members shall not use physical force to gain compliance during the use,
or attempted use, of this technology.
(e) Refusal to submit to the use of this technology does not constitute probable cause for
arrest, therefore, no arrests will be made where a subject refuses to submit to the use
of this technology without independent probable cause for an arrest.
(f) Prior to any enforcement action based on any results, a peer review or second opinion
is highly encouraged when practical. The goal of using facial recognition technology
is to generate a strong investigative lead and not to definitively conclude that a face
matches an identity.
(g) Any time a subject is arrested and transported to any booking facility, based primarily
on an image comparison result, an effort should be made to verify the identity of the
subject through the use of additional technology such as fingerprint comparison.

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461.4 FACIAL RECOGNITION LIMITATIONS OF USE

Although facial recognition technology can be a remarkably beneficial tool to this Department,
it has its limitations. This technology does not provide positive identification, but rather, an
investigative lead and analysis to support that lead. The onus still falls on the investigating officer
to establish probable cause for arrest by using other investigative means.

461.5 DISSEMINATION OF FACIAL RECOGNITION INFORMATION

Generally and as further outlined below, the Oxnard Police Department may share facial images
obtained through facial recognition technology with other government agencies so long as the
dissemination is to further the receiving or sending agency's function:
(a) Where it will further a legitimate criminal justice function, the facial images obtained
through the use of a facial recognition field identification tool may be shared with other
criminal justice agency personnel.
(b) No personally identifying information, including but not limited to mug shot
facial images, obtained through the use of facial recognition technology shall be
disseminated to members of the general public or news media. This prohibition is
subject only to the following specific exceptions:
1. Public Safety Exception - The Investigative Services Bureau Commander or
their designee, who reasonably determine that an individual poses a threat
of substantial harm to the public, may release the facial images and relevant
personally identifying information. The release of facial images and personally
identifying information must be limited to information that could reasonably
protect the public from harm and the determination to release images must be
documented in a report.
2. Photographic Line-up Exception - A suspect’s facial images may be used
in a photographic line#up to further the particular investigation for which the
suspect’s image was requested.
3. Warrant Exception - Where a warrant has been issued for a known suspect, and
where the suspect’s facial image has been verified by an independent witness,
the suspect’s facial image can be publicly disclosed for the purposes of locating
the suspect or protecting the public.
4. Missing Person Exception - Upon its verification by an independent third#party,
the facial image of an individual reported missing can be publicly disclosed to
help authorities locate the missing person.

461.6 FACIAL RECOGNITION POLICY REVIEW AND UPDATES

This Department shall regularly review and update this policy and its practices concerning the
sharing of facial recognition field identification information to comply with any changes in relevant
laws and regulations governing biometric data systems and data sharing.

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Automated License Plate Readers (ALPRs)

462.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance for the capture, storage and use of digital data
obtained through the use of Automated License Plate Reader (ALPR) technology.

462.2 POLICY
The policy of the Oxnard Police Department is to utilize ALPR technology to capture and store
digital license plate data and images while recognizing the established privacy rights of the public.
All data and images gathered by the ALPR are for the official use of this department. Because
such data may contain confidential information, it is not open to public review.

462.3 ADMINISTRATION
The ALPR technology, also known as License Plate Recognition (LPR), allows for the automated
detection of license plates. It is used by the Oxnard Police Department to convert data
associated with vehicle license plates for official law enforcement purposes, including identifying
stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to
gather information related to active warrants, homeland security, electronic surveillance, suspect
interdiction and stolen property recovery.
All installation and maintenance of ALPR equipment, as well as ALPR data retention and access,
shall be managed by the Investigative Services Bureau Commander or their designee. The
Investigative Services Bureau Commander or their designee will assign members under their
command to administer the day-to-day operation of the ALPR equipment and data.

462.3.1 ALPR ADMINISTRATOR

The Investigative Services Bureau Commander or their designee shall be responsible for
developing guidelines and procedures to comply with the requirements of Civil Code § 1798.90.5
et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) A description of the job title or other designation of the members and independent
contractors who are authorized to use or access the ALPR system or to collect ALPR
information.
(b) Training requirements for authorized users.
(c) A description of how the ALPR system will be monitored to ensure the security of the
information and compliance with applicable privacy laws.
(d) Procedures for system operators to maintain records of access in compliance with
Civil Code § 1798.90.52.
(e) The title and name of the current designee in overseeing the ALPR operation.
(f) Working with the Custodian of Records on the retention and destruction of ALPR data.

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(g) Ensuring this policy and related procedures are conspicuously posted on the
department’s website.

462.4 OPERATIONS
Use of an ALPR is restricted to the purposes outlined below. Department members shall not use,
or allow others to use the equipment or database records for any unauthorized purpose (Civil
Code § 1798.90.51; Civil Code § 1798.90.53).
(a) An ALPR shall only be used for official law enforcement business.
(b) An ALPR may be used in conjunction with any routine patrol operation or criminal
investigation. Reasonable suspicion or probable cause is not required before using
an ALPR.
(c) While an ALPR may be used to canvass license plates around any crime scene,
particular consideration should be given to using ALPR-equipped cars to canvass
areas around homicides, shootings and other major incidents. Partial license plates
reported during major crimes should be entered into the ALPR system in an attempt
to identify suspect vehicles.
(d) No member of this department shall operate ALPR equipment or access ALPR data
without first completing department-approved training.
(e) No ALPR operator may access department, state or federal data unless otherwise
authorized to do so.
(f) If practicable, the officer should verify an ALPR response through the California Law
Enforcement Telecommunications System (CLETS) before taking enforcement action
that is based solely on an ALPR alert.

462.5 DATA COLLECTION AND RETENTION

The Investigative Services Bureau Commander or their designee is responsible for ensuring
systems and processes are in place for the proper collection and retention of ALPR data. Data will
be transferred from vehicles to the designated storage in accordance with department procedures.
All ALPR data downloaded to the server should be stored for a minimum of one year
(Government Code § 34090.6) and in accordance with the established records retention
schedule. Thereafter, ALPR data should be purged unless it has become, or it is reasonable to
believe it will become, evidence in a criminal or civil action or is subject to a discovery request
or other lawful action to produce records. In those circumstances the applicable data should be
downloaded from the server onto portable media and booked into evidence.

462.6 ACCOUNTABILITY
All data will be closely safeguarded and protected by both procedural and technological means.
The Oxnard Police Department will observe the following safeguards regarding access to and use
of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53):

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(a) All ALPR data downloaded to the mobile workstation and in storage shall be accessible
only through a login/password-protected system capable of documenting all access
of information by name, date and time (Civil Code § 1798.90.52).
(b) Members approved to access ALPR data under these guidelines are permitted to
access the data for legitimate law enforcement purposes only, such as when the data
relate to a specific criminal investigation or department-related civil or administrative
action.
(c) ALPR system audits should be conducted on a regular basis.

462.7 RELEASING ALPR DATA

The ALPR data may be shared only with other law enforcement or prosecutorial agencies
for official law enforcement purposes or as otherwise permitted by law, using the following
procedures:
(a) The agency makes a written request for the ALPR data that includes:
1. The name of the agency.
2. The name of the person requesting.
3. The intended purpose of obtaining the information.
(b) The request is reviewed by the Investigative Services Bureau Commander or the
authorized designee and approved before the request is fulfilled.
(c) The approved request is retained on file.
Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed
as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55).

462.8 TRAINING
The Investigative Services Bureau Commander or designee shall ensure that members receive
department-approved training for those authorized to use or access the ALPR system (Civil Code
§ 1798.90.51; Civil Code § 1798.90.53).

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Medical Aid and Response

465.1 PURPOSE AND SCOPE
This policy recognizes that members often encounter persons who appear to be in need of medical
aid and establishes a law enforcement response to such situations.

465.2 POLICY
It is the policy of the Oxnard Police Department that all officers and other designated members
be trained to provide emergency medical aid and to facilitate an emergency medical response.

465.3 FIRST RESPONDING MEMBER RESPONSIBILITIES

Whenever practicable, members should take appropriate steps to provide initial medical aid (e.g.,
first aid, CPR and use of an automated external defibrillator (AED)) in accordance with their training
and current certification levels. This should be done for those in need of immediate care and only
when the member can safely do so.
Prior to initiating medical aid, the member should contact the Communications Center and request
response by emergency medical services (EMS) as the member deems appropriate.
Members should follow universal precautions when providing medical aid, such as wearing gloves
and avoiding contact with bodily fluids, consistent with the Communicable Diseases Policy.
Members should use a barrier or bag device to perform rescue breathing.
When requesting EMS, the member should provide the Communications Center with information
for relay to EMS personnel in order to enable an appropriate response, including:
(a) The location where EMS is needed.
(b) The nature of the incident.
(c) Any known scene hazards.
(d) Information on the person in need of EMS, such as:
1. Signs and symptoms as observed by the member.
2. Changes in apparent condition.
3. Number of patients, sex and age, if known.
4. Whether the person is unconscious, unresponsive, or not breathing.
5. Whether the person is showing signs or symptoms of excited delirium or other
agitated chaotic behavior.
Members should stabilize the scene whenever practicable while awaiting the arrival of EMS.

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465.4 TRANSPORTING ILL AND INJURED PERSONS

Except in extraordinary cases where alternatives are not reasonably available, members should
not transport persons who are unconscious, who have serious injuries or who may be seriously
ill. EMS personnel should be called to handle patient transportation.
Officers should search any person who is in custody before releasing that person to EMS for
transport.
Members should not provide emergency escort for medical transport or civilian vehicles.

465.5 PERSONS REFUSING EMS CARE

If a person who is not in custody refuses EMS care or refuses to be transported to a medical
facility, an officer shall not force that person to receive care or be transported.
In cases where mental illness may be a factor, the officer should consider proceeding with a 72-
hour treatment and evaluation commitment (5150 commitment) process in accordance with the
Mental Illness Commitments Policy.
If an officer believes that a person who is in custody requires EMS care and the person refuses,
he/she should encourage the person to receive medical treatment. The officer may also consider
contacting a family member to help persuade the person to agree to treatment or who may be
able to authorize treatment for the person.
Members shall not sign refusal-for-treatment forms or forms accepting financial responsibility for
treatment.

465.6 AUTOMATED EXTERNAL DEFIBRILLATOR (AED) USE

A member may use an AED only after receiving appropriate training from an approved public
safety first aid and CPR course (22 CCR 100014; 22 CCR 100017; 22 CCR 100018).

465.6.1 AED USER RESPONSIBILITY

Any member who uses an AED should contact the Communications Center as soon as possible
and request response by EMS.

465.6.2 AED REPORTING

Any member using an AED will complete an incident report detailing its use.

465.6.3 AED TRAINING AND MAINTENANCE

The Training Sergeant should ensure appropriate training and refresher training is provided to
members authorized to use an AED. A list of authorized members and training records shall be
made available for inspection by the local EMS agency (LEMSA) or EMS authority upon request
(22 CCR 100021; 22 CCR 100022; 22 CCR 100029).
The Training Sergeant is responsible for ensuring AED devices are appropriately maintained
and will retain records of all maintenance in accordance with the established records retention
schedule (22 CCR 100021).

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465.7 FIRST AID EQUIPMENT

Members may be issued first aid equipment, or first aid kit, to provide care to other members or
the public. Patrol officers shall keep their individually issued kit readily available.
The first aid kit contains supplies for members to provide care to their level of department
provided training until the next level of care arrives, typically Oxnard Fire Department or ambulance
personnel.
Officers are permitted to add supplies to their first aid kit, but only to the level of training provided at
the Department. For example, additional bandages and dressings are permitted, but equipment
which is taught and used at the emergency medical technician level or higher is not permitted
without authorization from the Professional Standards Division Commander.

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Suspicious Activity Reporting

466.1 PURPOSE AND SCOPE
This policy provides guidelines for reporting and investigating suspicious and criminal activity.

466.1.1 DEFINITIONS
Definitions related to this policy include:
Subject of Interest and/or Involved party - An individual who has been observed, reported to be,
and/or suspected of engaging in suspicious activity, as defined in this policy, when no definitive
criminal activity has been confirmed by a member.
Suspicious activity - Any reported or observed activity that a member reasonably believes may
have a nexus to any criminal act or attempted criminal act, or to foreign or domestic terrorism.
Race, ethnicity, national origin or religious affiliation should not be considered as factors that create
suspicion (although these factors may be used as specific suspect descriptions). Examples of
suspicious activity may include, but are not limited to:
• Suspected pre-operational surveillance or intelligence gathering (e.g., photographing
security features, asking questions about sensitive security-related subjects).
• Tests of security measures and response to incidents (e.g., “dry run,” creating false
alarms, attempts to enter secure areas without authorization).
• Suspicious purchases (e.g., purchasing large quantities of otherwise legal items, such
as fertilizer, that could be used to create an explosive or other dangerous device).
• An individual in possession of such things as a hoax explosive or dispersal
device, sensitive materials (e.g., passwords, access codes, classified government
information), or coded or ciphered literature or correspondence.
Suspicious Activity Report (SAR) - An online form used to document suspicious activity. Each
SAR is assigned an unique number in chronological order of submission.

466.2 POLICY
The Oxnard Police Department recognizes the need to protect the public from criminal conduct
and acts of terrorism and shall lawfully collect, maintain and disseminate information regarding
suspicious activities, while safeguarding civil liberties and privacy protections.

466.3 RESPONSIBILITIES
TheSpecial Operations Commander and authorized designees will manage SAR activities.
The Special Operations Commander will ensure that the Department's Intelligence Coordinator
and those assigned to assist, will fulfill their duties as listed below. These include, but are not
limited to:
(a) Remaining familiar with those databases available to the [Department/Office] that
would facilitate the purpose of this policy.

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(b) Maintaining adequate training in the area of intelligence gathering to ensure no

information is being maintained that would violate the law or civil rights of any
individual.
(c) Ensuring a process is available that would allow members to report relevant
information. The process should be designed to promote efficient and quick reporting,
and should not be cumbersome, duplicative or complicated.
(d) Ensuring that members are made aware of the purpose and value of documenting
information regarding suspicious activity, as well as the databases and other
information resources that are available to the [Department/Office].
(e) Ensuring that SAR information is appropriately disseminated to members in
accordance with their job responsibilities.
(f) Confirming investigative follow-up, if appropriate.
(g) Coordinating with any appropriate agency or fusion center.
(h) Ensuring that, as resources are available, the [Department/Office] conducts outreach
that is designed to encourage members of the community to report suspicious activity
and that outlines what they should look for and how they should report it (e.g., website,
public service announcements).

466.4 REPORTING AND INVESTIGATION

Any [department/office] member receiving information regarding suspicious activity, which may
indicate a threat to anyone's safety, should take any necessary immediate and appropriate action,
including a request for tactical response or immediate notification of specialized entities, when
applicable. Any civilian member who receives information, which may indicate a threat to anyone's
safety, should ensure that it is passed on to an officer in a timely manner.
If the suspicious activity is not directly related to a reportable crime, the member should prepare
a SAR which will include all information known to them about the suspicious activity. If, during
any investigation, an officer becomes aware of suspicious activity that is unrelated to the current
investigation, the information should be documented separately in a SAR and not included in the
original incident report. The report number of the original incident should be included in the SAR
as a cross reference.

466.5 HANDLING INFORMATION

SARs are submitted online by both the public and department personnel. The Department's
Intelligence Coordinator is responsible for reviewing SARs in a timely manner.

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Civil Disputes
467.1 PURPOSE AND SCOPE
This policy provides members of the Oxnard Police Department with guidance for addressing
conflicts between persons when no criminal investigation or enforcement action is warranted (e.g.,
civil matters), with the goal of minimizing any potential for violence or criminal acts.
The Domestic Violence Policy will address specific legal mandates related to domestic violence
court orders. References in this policy to “court orders” apply to any order of a court that does not
require arrest or enforcement by the terms of the order or by California law.

467.2 POLICY
The Oxnard Police Department recognizes that a law enforcement presence at a civil dispute
can play an important role in the peace and safety of the community. Subject to available
resources, members of this department will assist at the scene of civil disputes with the primary
goal of safeguarding persons and property, preventing criminal activity and maintaining the peace.
When handling civil disputes, members will remain impartial, maintain a calm presence, give
consideration to all sides and refrain from giving legal or inappropriate advice.

467.3 GENERAL CONSIDERATIONS

When appropriate, members handling a civil dispute should encourage the involved parties to
seek the assistance of resolution services or take the matter to the civil courts. Members must not
become personally involved in disputes and shall at all times remain impartial.
While not intended to be an exhaustive list, members should give considerations to the following
when handling civil disputes:
(a) Civil disputes tend to be confrontational and members should be alert that they can
escalate to violence very quickly. De-escalation techniques should be used when
appropriate.
(b) Members should not dismiss alleged or observed criminal violations as a civil matter
and should initiate the appropriate investigation and report when criminal activity is
apparent.
(c) Members shall not provide legal advice, however, when appropriate, members should
inform the parties when they are at risk of violating criminal laws.
(d) Members are reminded that they shall not enter a residence or other non-public
location without legal authority including valid consent.
(e) Members should not take an unreasonable amount of time assisting in these matters
and generally should contact a supervisor if it appears that peacekeeping efforts longer
than 30 minutes are warranted.

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467.4 COURT ORDERS

Disputes involving court orders can be complex. Where no mandate exists for an officer to make an
arrest for a violation of a court order, the matter should be addressed by documenting any apparent
court order violation in a report. If there appears to be a more immediate need for enforcement
action, the investigating officer should consult a supervisor prior to making any arrest.
If a person appears to be violating the terms of a court order but is disputing the validity of the
order or its applicability, the investigating officer should document the following:
(a) The person’s knowledge of the court order or whether proof of service exists.
(b) Any specific reason or rationale the involved person offers for not complying with the
terms of the order.
A copy of the court order should be attached to the report when available. The report should be
forwarded to the appropriate prosecutor. The report should also be forwarded to the court issuing
the order with a notice that the report was also forwarded to the prosecutor for review.

467.4.1 STANDBY REQUESTS

Officer responding to a call for standby assistance to retrieve property should meet the person
requesting assistance at a neutral location to discuss the process. The person should be advised
that items that are disputed will not be allowed to be removed. The member may advise the person
to seek private legal advice as to the distribution of disputed property.
Members should accompany the person to the location of the property. Members should ask if the
other party will allow removal of the property or whether the other party would remove the property.
If the other party is uncooperative, the person requesting standby assistance should be instructed
to seek private legal advice and obtain a court order to obtain the items. Officers should not order
the other party to allow entry or the removal of any items. If there is a restraining or similar order
against the person requesting standby assistance, that person should be asked to leave the scene
or they may be subject to arrest for violation of the order.
If the other party is not present at the location, the member will not allow entry into the location
or the removal of property from the location.

467.5 VEHICLES AND PERSONAL PROPERTY

Officers may be faced with disputes regarding possession or ownership of vehicles or other
personal property. Officers may review documents provided by parties or available databases
(e.g., vehicle registration), but should be aware that legal possession of vehicles or personal
property can be complex. Generally, officers should not take any enforcement action unless a
crime is apparent. The people and the vehicle or personal property involved should be identified
and the incident documented.

467.6 REAL PROPERTY

Disputes over possession or occupancy of real property (e.g., land, homes, apartments) should
generally be handled through a person seeking a court order.

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Public Recording of Law Enforcement Activity

468.1 PURPOSE AND SCOPE
This policy provides guidelines for handling situations in which members of the public photograph
or audio/video record law enforcement actions and other public activities that involve members
of this department. In addition, this policy provides guidelines for situations where the recordings
may be evidence.

468.2 POLICY
The Oxnard Police Department recognizes the right of persons to lawfully record members of this
department who are performing their official duties. Members of this department will not prohibit or
intentionally interfere with such lawful recordings. Any recordings that are deemed to be evidence
of a crime or relevant to an investigation will only be collected or seized lawfully.
Officers should exercise restraint and should not resort to highly discretionary arrests for offenses
such as interference, failure to comply or disorderly conduct as a means of preventing someone
from exercising the right to record members performing their official duties.

468.3 RECORDING LAW ENFORCEMENT ACTIVITY

Members of the public who wish to record law enforcement activities are limited only in certain
aspects.
(a) Recordings may be made from any public place or any private property where the
individual has the legal right to be present (Penal Code § 69; Penal Code § 148).
(b) Beyond the act of photographing or recording, individuals may not interfere with the
law enforcement activity. Examples of interference include, but are not limited to:
(a) Tampering with a witness or suspect.
(b) Inciting others to violate the law.
(c) Being so close to the activity as to present a clear safety hazard to the officers.
(d) Being so close to the activity as to interfere with an officer’s effective
communication with a suspect or witness.
(c) The individual may not present an undue safety risk to the officers, him/herself or
others.

468.4 OFFICER RESPONSE

Officers should promptly request that a supervisor respond to the scene whenever it appears
that anyone recording activities may be interfering with an investigation or it is believed that the
recording may be evidence. If practicable, officers should wait for the supervisor to arrive before
taking enforcement action or seizing any cameras or recording media.
Whenever practicable, officers or supervisors should give clear and concise warnings to
individuals who are conducting themselves in a manner that would cause their recording or

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behavior to be unlawful. Accompanying the warnings should be clear directions on what an

individual can do to be compliant; directions should be specific enough to allow compliance. For
example, rather than directing an individual to clear the area, an officer could advise the person
that he/she may continue observing and recording from the sidewalk across the street.
If an arrest or other significant enforcement activity is taken as the result of a recording that
interferes with law enforcement activity, officers shall document in a report the nature and extent
of the interference or other unlawful behavior and the warnings that were issued.

468.5 SUPERVISOR RESPONSIBILITIES

A supervisor should respond to the scene when requested or any time the circumstances indicate
a likelihood of interference or other unlawful behavior.
The supervisor should review the situation with the officer and:
(a) Request any additional assistance as needed to ensure a safe environment.
(b) Take a lead role in communicating with individuals who are observing or recording
regarding any appropriate limitations on their location or behavior. When practical, the
encounter should be recorded.
(c) When practicable, allow adequate time for individuals to respond to requests for a
change of location or behavior.
(d) Ensure that any enforcement, seizure or other actions are consistent with this policy
and constitutional and state law.
(e) Explain alternatives for individuals who wish to express concern about the conduct of
Department members, such as how and where to file a complaint.

468.6 SEIZING RECORDINGS AS EVIDENCE

Officers should not seize recording devices or media unless (42 USC § 2000aa):
(a) There is probable cause to believe the person recording has committed or is
committing a crime to which the recording relates, and the recording is reasonably
necessary for prosecution of the person.
1. Absent exigency or consent, a warrant should be sought before seizing or
viewing such recordings. Reasonable steps may be taken to prevent erasure of
the recording.
(b) There is reason to believe that the immediate seizure of such recordings is necessary
to prevent serious bodily injury or death of any person.
(c) The person consents.
(a) To ensure that the consent is voluntary, the request should not be made in a
threatening or coercive manner.
(b) If the original recording is provided, a copy of the recording should be provided
to the recording party, if practicable. The recording party should be permitted to
be present while the copy is being made, if feasible. Another way to obtain the

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evidence is to transmit a copy of the recording from a device to a department-

owned device.
Recording devices and media that are seized will be submitted within the guidelines of the Property
and Evidence Policy.

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Crisis Intervention Incidents

470.1 PURPOSE AND SCOPE
This policy provides guidelines for interacting with those who may be experiencing a mental health
or emotional crisis. Interaction with such individuals has the potential for miscommunication and
violence. It often requires an officer to make difficult judgments about a person’s mental state and
intent in order to effectively and legally interact with the individual.

470.1.1 DEFINITIONS
Definitions related to this policy include:
Person in crisis - A person whose level of distress or mental health symptoms have exceeded
the person’s internal ability to manage his/her behavior or emotions. A crisis can be precipitated by
any number of things, including an increase in the symptoms of mental illness despite treatment
compliance; non-compliance with treatment, including a failure to take prescribed medications
appropriately; or any other circumstance or event that causes the person to engage in erratic,
disruptive or dangerous behavior that may be accompanied by impaired judgment.

470.2 POLICY
The Oxnard Police Department is committed to providing a consistently high level of service to all
members of the community and recognizes that persons in crisis may benefit from intervention.
The [Department/Office] will collaborate, where feasible, with mental health professionals to
develop an overall intervention strategy to guide its members’ interactions with those experiencing
a mental health crisis. This is to ensure equitable and safe treatment of all involved.

470.3 SIGNS
Members should be alert to any of the following possible signs of mental health issues or crises:
(a) A known history of mental illness
(b) Threats of or attempted suicide
(c) Loss of memory
(d) Incoherence, disorientation or slow response
(e) Delusions, hallucinations, perceptions unrelated to reality or grandiose ideas
(f) Depression, pronounced feelings of hopelessness or uselessness, extreme sadness
or guilt
(g) Social withdrawal
(h) Manic or impulsive behavior, extreme agitation, lack of control
(i) Lack of fear
(j) Anxiety, aggression, rigidity, inflexibility or paranoia

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Members should be aware that this list is not exhaustive. The presence or absence of any of these
should not be treated as proof of the presence or absence of a mental health issue or crisis.

470.4 COORDINATION WITH MENTAL HEALTH PROFESSIONALS

The Chief of Police should designate an appropriate Bureau Chief to collaborate with mental health
professionals to develop an education and response protocol. It should include a list of community
resources, to guide [department/office] interaction with those who may be suffering from mental
illness or who appear to be in a mental health crisis.

470.5 FIRST RESPONDERS

Safety is a priority for first responders. It is important to recognize that individuals under the
influence of alcohol, drugs or both may exhibit symptoms that are similar to those of a person in a
mental health crisis. These individuals may still present a serious threat to officers; such a threat
should be addressed with reasonable tactics. Nothing in this policy shall be construed to limit an
officer’s authority to use reasonable force when interacting with a person in crisis.
Officers are reminded that mental health issues, mental health crises and unusual behavior alone
are not criminal offenses. Individuals may benefit from treatment as opposed to incarceration.
An officer responding to a call involving a person in crisis should:
(a) Promptly assess the situation independent of reported information and make a
preliminary determination regarding whether a mental health crisis may be a factor.
(b) Request available backup officers and specialized resources as deemed necessary
and, if it is reasonably believed that the person is in a crisis situation, use conflict
resolution and de-escalation techniques to stabilize the incident as appropriate.
(c) If feasible, and without compromising safety, turn off flashing lights, bright lights or
sirens.
(d) Attempt to determine if weapons are present or available.
1. Prior to making contact, and whenever possible and reasonable, conduct a
search of the Department of Justice Automated Firearms System via the
California Law Enforcement Telecommunications System (CLETS) to determine
whether the person is the registered owner of a firearm (Penal Code § 11106.4).
(e) Take into account the person’s mental and emotional state and potential inability to
understand commands or to appreciate the consequences of his/her action or inaction,
as perceived by the officer.
(f) Secure the scene and clear the immediate area as necessary.
(g) Employ tactics to preserve the safety of all participants.
(h) Determine the nature of any crime.
(i) Request a supervisor, as warranted.
(j) Evaluate any available information that might assist in determining cause or motivation
for the person’s actions or stated intentions.

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(k) If circumstances reasonably permit, consider and employ alternatives to force.

470.6 DE-ESCALATION
Officers should consider that taking no action or passively monitoring the situation may be the
most reasonable response to a mental health crisis.
Once it is determined that a situation is a mental health crisis and immediate safety concerns
have been addressed, responding members should be aware of the following considerations and
should generally:
• Evaluate safety conditions.
• Introduce themselves and attempt to obtain the person’s name.
• Be patient, polite, calm, courteous and avoid overreacting.
• Speak and move slowly and in a non-threatening manner.
• Moderate the level of direct eye contact.
• Remove distractions or disruptive people from the area.
• Demonstrate active listening skills (e.g., summarize the person’s verbal
communication).
• Provide for sufficient avenues of retreat or escape should the situation become
volatile.
Responding officers generally should not:
• Use stances or tactics that can be interpreted as aggressive.
• Allow others to interrupt or engage the person.
• Corner a person who is not believed to be armed, violent or suicidal.
• Argue, speak with a raised voice or use threats to obtain compliance.

470.7 INCIDENT ORIENTATION

When responding to an incident that may involve mental illness or a mental health crisis, the officer
should request that the [dispatcher provide critical information as it becomes available. This
includes:
(a) Whether the person relies on drugs or medication, or may have failed to take his/her
medication.
(b) Whether there have been prior incidents, suicide threats/attempts, and whether there
has been previous police response.
(c) Contact information for a treating physician or mental health professional.
Additional resources and a supervisor should be requested as warranted.

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470.8 SUPERVISOR RESPONSIBILITIES

A supervisor should respond to the scene of any interaction with a person in crisis. Responding
supervisors should:
(a) Attempt to secure appropriate and sufficient resources.
(b) Closely monitor any use of force, including the use of restraints, and ensure that those
subjected to the use of force are provided with timely access to medical care (see the
Handcuffing and Restraints Policy).
(c) Consider strategic disengagement. Absent an imminent threat to the public and,
as circumstances dictate, this may include removing or reducing law enforcement
resources or engaging in passive monitoring.
(d) Ensure that all reports are completed and that incident documentation uses
appropriate terminology and language.
(e) Conduct an after-action tactical and operational debriefing, and prepare an after-action
evaluation of the incident to be forwarded to the Bureau Chief.
Evaluate whether a critical incident stress management debriefing for involved members is
warranted.

470.9 INCIDENT REPORTING

Members engaging in any oral or written communication associated with a mental health crisis
should be mindful of the sensitive nature of such communications and should exercise appropriate
discretion when referring to or describing persons and circumstances.
Members having contact with a person in crisis should keep related information confidential,
except to the extent that revealing information is necessary to conform to [department/office]
reporting procedures or other official mental health or medical proceedings.

470.9.1 DIVERSION
Individuals who are not being arrested should be processed in accordance with the Mental Illness
Commitments Policy.

470.10 CIVILIAN INTERACTION WITH PEOPLE IN CRISIS

Civilian members may be required to interact with persons in crisis in an administrative capacity,
such as dispatching, records request, and animal control issues.
(a) Members should treat all individuals equally and with dignity and respect.
(b) If a member believes that he/she is interacting with a person in crisis, he/she should
proceed patiently and in a calm manner.
(c) Members should be aware and understand that the person may make unusual or
bizarre claims or requests.
If a person’s behavior makes the member feel unsafe, if the person is or becomes disruptive or
violent, or if the person acts in such a manner as to cause the member to believe that the person

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may be harmful to him/herself or others, an officer should be promptly summoned to provide

assistance.

470.11 EVALUATION
The Bureau Chief designated to coordinate the crisis intervention strategy for this [department/
office] should ensure that a thorough review and analysis of the [department/office] response to
these incidents is conducted annually. The report will not include identifying information pertaining
to any involved individuals, officers or incidents and will be submitted to the Chief of Police through
the chain of command.

470.12 TRAINING
In coordination with the mental health community and appropriate stakeholders, the [Department/
Office] will develop and provide comprehensive education and training to all department members
to enable them to effectively interact with persons in crisis.
This [department/office] will endeavor to provide Peace Officer Standards and Training (POST)-
approved advanced officer training on interaction with persons with mental disabilities, welfare
checks and crisis intervention (Penal Code § 11106.4; Penal Code § 13515.25; Penal
Code § 13515.27; Penal Code § 13515.30).

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471 Oxnard PD Policy Manual

First Amendment Assemblies

471.1 PURPOSE AND SCOPE
This policy provides guidance for responding to public assemblies or demonstrations.

471.2 POLICY
The Oxnard Police Department respects the rights of people to peaceably assemble. It is the policy
of this [department/office] not to unreasonably interfere with, harass, intimidate or discriminate
against persons engaged in the lawful exercise of their rights, while also preserving the peace,
protecting life and preventing the destruction of property.

471.3 GENERAL CONSIDERATIONS

Individuals or groups present on the public way, such as public facilities, streets or walkways,
generally have the right to assemble, rally, demonstrate, protest or otherwise express their views
and opinions through varying forms of communication, including the distribution of printed matter.
These rights may be limited by laws or ordinances regulating such matters as the obstruction
of individual or vehicle access or egress, trespass, noise, picketing, distribution of handbills and
leafleting, and loitering. However, officers shall not take action or fail to take action based on the
opinions being expressed.
Participant behavior during a demonstration or other public assembly can vary. This may include,
but is not limited to:
• Lawful, constitutionally protected actions and speech.
• Civil disobedience (typically involving minor criminal acts).
• Rioting.
All of these behaviors may be present during the same event. Therefore, it is imperative that law
enforcement actions are measured and appropriate for the behaviors officers may encounter. This
is particularly critical if force is being used. Adaptable strategies and tactics are essential. The
purpose of a law enforcement presence at the scene of public assemblies and demonstrations
should be to preserve the peace, to protect life and prevent the destruction of property.
Officers should not:
(a) Engage in assembly or demonstration-related discussion with participants.
(b) Harass, confront or intimidate participants.
(c) Seize the cameras, cell phones or materials of participants or observers unless an
officer is placing a person under lawful arrest.
Supervisors should continually observe [department/office] members under their commands to
ensure that members’ interaction with participants and their response to crowd dynamics is
appropriate.

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471.3.1 PHOTOGRAPHS AND VIDEO RECORDINGS

Photographs and video recording, when appropriate, can serve a number of purposes,
including support of criminal prosecutions by documenting criminal acts; assistance in
evaluating [department/office] performance; serving as training material; recording the use of
dispersal orders; and facilitating a response to allegations of improper law enforcement conduct.
Photographs and videos will not be used or retained for the sole purpose of collecting or
maintaining information about the political, religious or social views of associations, or the activities
of any individual, group, association, organization, corporation, business or partnership, unless
such information directly relates to an investigation of criminal activities and there is reasonable
suspicion that the subject of the information is involved in criminal conduct.

471.4 UNPLANNED EVENTS

When responding to an unplanned or spontaneous public gathering, the first responding officer
should conduct an assessment of conditions, including, but not limited to, the following:
• Location
• Number of participants
• Apparent purpose of the event
• Leadership (whether it is apparent and/or whether it is effective)
• Any initial indicators of unlawful or disruptive activity
• Indicators that lawful use of public facilities, streets or walkways will be impacted
• Ability and/or need to continue monitoring the incident
Initial assessment information should be promptly communicated to the Communications Center,
and the assignment of a supervisor should be requested. Additional resources should be
requested as appropriate. The responding supervisor shall assume command of the incident until
command is expressly assumed by another, and the assumption of command is communicated
to the involved members. A clearly defined command structure that is consistent with the Incident
Command System (ICS) should be established as resources are deployed.

471.5 PLANNED EVENT PREPARATION

For planned events, comprehensive, incident-specific operational plans should be developed. The
ICS should be considered for such events.

471.5.1 INFORMATION GATHERING AND ASSESSMENT

In order to properly assess the potential impact of a public assembly or demonstration on public
safety and order, relevant information should be collected and vetted. This may include:
• Information obtained from outreach to group organizers or leaders.
• Information about past and potential unlawful conduct associated with the event or
similar events.

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• The potential time, duration, scope and type of planned activities.

• Any other information related to the goal of providing a balanced response to criminal
activity and the protection of public safety interests.
Information should be obtained in a transparent manner, and the sources documented. Relevant
information should be communicated to the appropriate parties in a timely manner.
Information will be obtained in a lawful manner and will not be based solely on the purpose or
content of the assembly or demonstration, or the race, ethnicity, national origin or religion of the
participants (or any other characteristic that is unrelated to criminal conduct or the identification
of a criminal subject).

471.5.2 OPERATIONAL PLANS

An operational planning team with responsibility for event planning and management should be
established. The planning team should develop an operational plan for the event.
The operational plan will minimally provide for:
(a) Command assignments, chain of command structure, roles and responsibilities.
(b) Staffing and resource allocation.
(c) Management of criminal investigations.
(d) Designation of uniform of the day and related safety equipment (e.g., helmets, shields).
(e) Deployment of specialized resources.
(f) Event communications and interoperability in a multijurisdictional event.
(g) Liaison with demonstration leaders and external agencies.
(h) Liaison with City government and legal staff.
(i) Media relations.
(j) Logistics: food, fuel, replacement equipment, duty hours, relief and transportation.
(k) Traffic management plans.
(l) First aid and emergency medical service provider availability.
(m) Prisoner transport and detention.
(n) Review of policies regarding public assemblies and use of force in crowd control.
(o) Parameters for declaring an unlawful assembly.
(p) Arrest protocol, including management of mass arrests.
(q) Protocol for recording information flow and decisions.
(r) Rules of engagement, including rules of conduct, protocols for field force extraction
and arrests, and any authorization required for the use of force.
(s) Protocol for handling complaints during the event.
(t) Parameters for the use of body-worn cameras and other portable recording devices.

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471.5.3 MUTUAL AID AND EXTERNAL RESOURCES

The magnitude and anticipated duration of an event may necessitate interagency cooperation and
coordination. The assigned Incident Commander should ensure that any required memorandums
of understanding or other agreements are properly executed, and that any anticipated mutual aid
is requested and facilitated (see the Mutual Aid and Outside Agency Assistance Policy).

471.6 UNLAWFUL ASSEMBLY DISPERSAL ORDERS

If a public gathering or demonstration remains peaceful and nonviolent, and there is no reasonably
imminent threat to persons or property, the Incident Commander should generally authorize
continued monitoring of the event.
Should the Incident Commander make a determination that public safety is presently or is about
to be jeopardized, he/she or the authorized designee should attempt to verbally persuade event
organizers or participants to disperse of their own accord. Warnings and advisements may be
communicated through established communications links with leaders and/or participants or to
the group.
When initial attempts at verbal persuasion are unsuccessful, the Incident Commander or the
authorized designee should make a clear standardized announcement to the gathering that
the event is an unlawful assembly, and should order the dispersal of the participants. The
announcement should be communicated by whatever methods are reasonably available to ensure
that the content of the message is clear and that it has been heard by the participants. The
announcement should be amplified, made in different languages as appropriate, made from
multiple locations in the affected area and documented by audio and video. The announcement
should provide information about what law enforcement actions will take place if illegal behavior
continues and should identify routes for egress. A reasonable time to disperse should be allowed
following a dispersal order.

471.7 USE OF FORCE

Use of force is governed by current [department/office] policy and applicable law (see the Use
of Force, Handcuffing and Restraints, Control Devices and Techniques, and Conducted Energy
Device policies).
Individuals refusing to comply with lawful orders (e.g., nonviolent refusal to disperse) should be
given a clear verbal warning and a reasonable opportunity to comply. If an individual refuses to
comply with lawful orders, the Incident Commander shall evaluate the type of resistance and adopt
a reasonable response in order to accomplish the law enforcement mission (such as dispersal
or arrest of those acting in violation of the law). Control devices and TASER® devices should be
considered only when the participants’ conduct reasonably appears to present the potential to
harm officers, themselves or others, or will result in substantial property loss or damage (see the
Control Devices and Techniques and the Conducted Energy Device policies).

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Force or control devices, including oleoresin capsaicin (OC), should be directed toward individuals
and not toward groups or crowds, unless specific individuals cannot reasonably be targeted due
to extreme circumstances, such as a riotous crowd.
Any use of force by a member of this [department/office] shall be documented promptly, completely
and accurately in an appropriate report. The type of report required may depend on the nature
of the incident.

471.8 ARRESTS
The Oxnard Police Department should respond to unlawful behavior in a manner that is consistent
with the operational plan. If practicable, warnings or advisements should be communicated prior
to arrest.
Mass arrests should be employed only when alternate tactics and strategies have been, or
reasonably appear likely to be, unsuccessful. Mass arrests shall only be undertaken upon the
order of the Incident Commander or the authorized designee. There must be probable cause for
each arrest.
If employed, mass arrest protocols should fully integrate:
(a) Reasonable measures to address the safety of officers and arrestees.
(b) Dedicated arrest, booking and report writing teams.
(c) Timely access to medical care.
(d) Timely access to legal resources.
(e) Timely processing of arrestees.
(f) Full accountability for arrestees and evidence.
(g) Coordination and cooperation with the prosecuting authority, jail and courts (see the
Cite and Release Policy).

471.9 MEDIA RELATIONS

The Community Affairs Manager should use all available avenues of communication, including
press releases, briefings, press conferences and social media to maintain open channels of
communication with media representatives and the public about the status and progress of the
event, taking all opportunities to reassure the public about the professional management of the
event (see the News Media Relations Policy).

471.10 DEMOBILIZATION
When appropriate, the Incident Commander or the authorized designee should implement a
phased and orderly withdrawal of law enforcement resources. All relieved personnel should
promptly complete any required reports, including use of force reports, and account for all issued
equipment and vehicles to their supervisors prior to returning to normal operational duties.

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471.11 POST EVENT

The Incident Commander should designate a member to assemble full documentation of the event,
to include the following:
(a) Operational plan
(b) Any incident logs
(c) Any assignment logs
(d) Vehicle, fuel, equipment and supply records
(e) Incident, arrest, use of force, injury and property damage reports
(f) Photographs, audio/video recordings, the Communications Center records/tapes
(g) Media accounts (print and broadcast media)

471.11.1 AFTER-ACTION REPORTING

The Incident Commander should work with City legal counsel, as appropriate, to prepare a
comprehensive after-action report of the event, explaining all incidents where force was used
including the following:
(a) Date, time and description of the event
(b) Actions taken and outcomes (e.g., injuries, property damage, arrests)
(c) Problems identified
(d) Significant events
(e) Recommendations for improvement; opportunities for training should be documented
in a generic manner, without identifying individuals or specific incidents, facts or
circumstances.

471.12 TRAINING
[Department/Office] members should receive periodic training regarding this policy, as well as the
dynamics of crowd control and incident management (Penal Code § 13514.5). The [Department/
Office] should, when practicable, train with its external and mutual aid partners.

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Chapter 5 - Traffic Operations

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Traffic Function and Responsibility

500.1 PURPOSE AND SCOPE
The ultimate goal of traffic law enforcement is to reduce traffic collisions. This may be achieved
through the application of such techniques as geographic/temporal assignment of personnel and
equipment and the establishment of preventive patrols to deal with specific categories of unlawful
driving behavior. Traffic enforcement techniques are based on collision data, enforcement activity
records, traffic volume, and traffic conditions. This department provides enforcement efforts
toward violations, not only in proportion to the frequency of their occurrence in collision situations,
but also in terms of traffic-related needs.

500.2 TRAFFIC OFFICER DEPLOYMENT

Several factors are considered in the development of deployment schedules for officers of
the Oxnard Police Department. Information provided by the California Statewide Integrated
Traffic Reporting System (SWITRS), Crossroads, LERMS, and Crimeview Dashboard arevaluable
resources for traffic collision occurrences and therefore officer deployment. Some of the factors
for analysis include:

(a) Location.
(b) Time.
(c) Day.
(d) Violation factors.

All officers assigned to patrol or traffic enforcement functions will emphasize enforcement
of collision causing violations during high collision hours and at locations of occurrence. All
officers will take directed enforcement action on request, and random enforcement action when
appropriate against violators as a matter of routine. All officers shall maintain high visibility while
working general enforcement, especially at high collision locations.
Other factors to be considered for deployment are requests from the public, construction zones
or special events.

500.3 ENFORCEMENT
Enforcement actions are commensurate with applicable laws and take into account the degree
and severity of the violation committed. This department does not establish ticket quotas and
the number of arrests or citations issued by any officer shall not be used as the sole criterion
for evaluating officer overall performance (Vehicle Code § 41603). The visibility and quality of an
officer’s work effort will be commensurate with the philosophy of this policy. Several methods are
effective in the reduction of collisions:

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500.3.1 WARNINGS
Warnings or other non-punitive enforcement actions should be considered in each situation
and substituted for arrests or citations when circumstances warrant, especially in the case of
inadvertent violations.

500.3.2 CITATIONS
Citations may be issued when an officer believes it is appropriate. It is essential that officers fully
explain the rights and requirements imposed on motorists upon issuance of a citation for a traffic
violation. Officers should provide the following information at a minimum:
(a) Explanation of the violation or charge
(b) Court appearance procedure including the optional or mandatory appearance by the
motorist
(c) Notice of whether the motorist can enter a plea and pay the fine by mail or at the court

500.3.3 PHYSICAL ARREST

Physical arrest can be made on a number of criminal traffic offenses outlined in the Vehicle Code
or Penal Code. These physical arrest cases usually deal with, but are not limited to:
(a) Vehicular manslaughter
(b) Felony and misdemeanor driving under the influence of alcohol/drugs
(c) Felony or misdemeanor hit-and-run
(d) Refusal to sign notice to appear
(e) Any other misdemeanor at the discretion of the officer, such as reckless driving with
extenuating circumstances

500.4 SUSPENDED OR REVOKED DRIVERS LICENSES

If an officer contacts a traffic violator for driving on a suspended or revoked license, the officer
may issue a traffic citation pursuant to Vehicle Code § 14601.
If a computer check of a traffic violator's license status reveals a suspended or revoked driver
license and the traffic violator still has his or her license in possession, the license shall be seized
by the officer. The officer shall verbally advise the traffic violator of the suspension or revocation
and issue the citation. The officer will be responsible for filling out the Verbal Notice form (DMV
form DL-310) and causing that form and license to be forwarded to the Department of Motor
Vehicles.

500.5 HIGH-VISIBILITY VESTS

The Department has provided American National Standards Institute (ANSI) Class II high-visibility
vests to increase the visibility of department members who may be exposed to hazards presented
by passing traffic, maneuvering or operating vehicles, machinery and equipment (23 CFR 655.601;
8 CCR 1598).

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Although intended primarily for use while performing traffic related assignments, high-visibility
vests should be worn at any time increased visibility would improve the safety or efficiency of the
member.

500.5.1 REQUIRED USE

Except when working in a potentially adversarial or confrontational role, such as during vehicle
stops, high-visibility vests should be worn at any time it is anticipated that an employee will be
exposed to the hazards of approaching traffic or construction and recovery equipment. Examples
of when high-visibility vests should be worn include traffic control duties, accident investigations,
lane closures and while at disaster scenes, or anytime high visibility is desirable. When emergency
conditions preclude the immediate donning of the vest, officers should retrieve and wear the vest
as soon as conditions reasonably permit. Use of the vests shall also be mandatory when directed
by a supervisor.
Vests maintained in the investigation units may be used any time a plainclothes officer might
benefit from being readily identified as a member of law enforcement.

500.5.2 CARE AND STORAGE OF HIGH-VISIBILITY VESTS

Before going into service each employee shall ensure a serviceable high-visibility vest is properly
stored.
A supply of high-visibility vests will be maintained in the equipment room for replacement of
damaged or unserviceable vests. The the Personnel and Training Sergeant should be promptly
notified whenever the supply of vests in the equipment room needs replenishing.

500.6 PERSONNEL
Management of the Traffic Unit would be the responsibility of the Special Projects Commander and
coordination of the Traffic Unit would be the responsibility of the assigned traffic sergeants. The
areas of responsibility for all personnel set forth below are to be used as general guidelines only.
Responsibilities may be added or shifted as required to ensure the proper operation of the unit.

500.6.1 TRAFFIC SERGEANTS

Assumes supervisory responsibility of all Traffic Units, Traffic Service Assistants (TSA's), and
Crossing Guards.

500.6.2 TRAFFIC COORDINATOR

Duties and Responsibilities:
(a) Coordinates and assigns duties of Traffic Units and TSA's.
(b) Assumes duties of the Traffic Sergeant in his/her absence.
(c) Keeps statistics on all traffic accidents, DUI arrests and citations.
(d) Assign motor units to high frequency accident areas, as determined by computer
analysis, officer observations, and citizen complaints.

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(e) Coordinate the Traffic Unit's function at special events (i.e. festivals, parades, athletic
events).
(f) Review and approve Temporary Use Permits.
(g) Coordinate the Redflex Traffic Program.
(h) Conduct traffic hearings.
(i) Coordinate, process, and review traffic related grants.

500.6.3 TRAFFIC COLLISION INVESTIGATOR

Duties and Responsibilities:
(a) Respond to and investigate all major traffic collisions, including but not limited to traffic
fatalities, city vehicle collisions, pursuit and pursuit collisions.
(b) Investigate hit and run collisions.
(c) Assists Major Crimes with homicide scene diagrams.
(d) Provide a monthly report to the Special Projects Commander that includes statistics
and information on traffic matters (i.e. vehicle pursuits, collision rates, MVIR).
(e) Attend traffic investigation schools as assigned.

500.6.4 MOTOR OFFICERS

Duties and Responsibilities:
(a) Primary duty - traffic enforcement utilizing a police motorcycle.
(b) Assists, plans and coordinates traffic control at special events.
(c) Functions as a back-up investigator at major traffic collisions. Depending of abilities
and training, may be the lead investigator at major traffic collisions as assigned.
(d) Prior to assignment to the motorcycle officer position, officers must have completed
the basic police motorcycle-training course.

500.6.5 TRAFFIC SERVICE ASSISTANTS

Duties and Responsibilities

(a) Enforce parking laws and city traffic ordinances.

(b) Investigate traffic collisions as dispatched.
(c) Assist in traffic control as needed.
(d) Tags and arranges for the towing of abandoned or unlawfully parked vehicles.
(e) Assists with traffic control at city special events.

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(f) Assists the CSO with fleet maintenance.

(g) Prior to assignment, TSA's will have completed the basic traffic collision investigation
course and completed in service training with an assigned TSA.
(h) Deploy the traffic radar trailer as assigned.

500.7 EQUIPMENT

500.7.1 TRAFFIC UNIT VEHICLES

(a) Motorcycles
1. Officers assigned a police motorcycle are responsible for ensuring periodic
maintenance, which will be performed by Fleet Services or an approved service
facility.
2. Motorcycles shall not have any modifications to the engines, drive trains,
exhaust systems or suspension systems unless approved by the Traffic
Sergeant.
3. Motorcycles are to be cleaned by the assigned officer.
4. The Traffic Sergeant shall periodically inspect motorcycles for cleanliness, and
ensure maintenance is up to date.
(b) TSA Vehicles
1. It shall be the responsibility of the TSA's to ensure that vehicles are kept clean,
and maintenance is kept up-to-date.
2. Maintenance for the City owned vehicles is to be done by the City's equipment
yard.

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502 Oxnard PD Policy Manual

Traffic Collision Reporting

502.1 PURPOSE AND SCOPE
The Oxnard Police Department prepares traffic collision reports in compliance with the California
Highway Patrol Collision Investigation Manual (CIM) and as a public service makes traffic collision
reports available to the community with some exceptions.

502.2 RESPONSIBILITY
The Traffic Sergeant will be responsible for distribution of the Collision Investigation Manual. The
Traffic Sergeant will receive all changes in the state manual and ensure conformity with this policy.

502.3 TRAFFIC COLLISION REPORTING

All traffic collision reports taken by employees of this department shall be reviewed by the Traffic
Collision Investigator(s) for approval. The reports will then be forwarded to the Records Unit
for data entry into the Oxnard Police Department Records Management System (RMS). The
Traffic Collision Investigator will be responsible for monthly and quarterly reports on traffic collision
statistics to be forwarded to the Special Projects Commander, or other persons as required.
Traffic Collision Investigator(s) will:
(a) Review the reports for completeness.
(b) Return reports to officers for corrections as necessary.
(c) Ensure that corrected reports are completed and approved.
(d) Ensure forwarding of reports to the Record's Unit.
(e) In the case of collisions involving police department vehicles, copy the City of Oxnard
Motor Vehicle Incident Report and distribute the copies as follows:
1. Original shall be forwarded to the City's risk management office.
2. A copy shall be hand carried or faxed (extension 8053) to the equipment
maintenance yard. If the damaged vehicle is dropped off at the city garage
after hours, a copy of the report will be locked inside the unit so that repair can
commence immediately.
3. A copy will be provided to the Traffic Collision Investigator.

The Traffic Collision Investigator(s) will:

(a) Attach a copy to the Vehicle Incident/Collision Review report and forward both reports
to the Professional Standards Unit.

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(b) Conduct an investigation into the circumstances of police vehicle involved collisions,
and report the findings and conclusions on a Vehicle Incident/Collision Review report.
(c) Provide the number of prior preventable and not preventable collisions in which the
police department employee has been involved.

502.3.1 TRAFFIC COLLISION INVESTIGATOR RESPONSIBILITIES

The Traffic Collision Investigator shall maintain a file of the Motor Vehicle Incident Reports and
notify risk management when and where the city vehicle is repaired.

502.3.2 POLICE DEPARTMENT SUPERVISOR RESPONSIBILITY

The supervisors shall:
(a) Review the information supplied by the Traffic Collision Investigator and make
appropriate comments on the Vehicle Incident/Accident Review report including
a recommendation for appropriate administrative action if such action is deemed
appropriate.
1. If there is any prior collisions noted which might have an effect on the
supervisor's recommendation, the supervisor should review the employee's
personnel file and supervisors file.
2. The Vehicle Incident/Collision Review report shall then be processed through
the normal chain of command for review.
(b) When the Vehicle Incident/Collision Review report is returned to the employee's
supervisor for final disposition, the appropriate action should be taken and noted on
the form.
1. If there is no discipline involved (less than a letter of reprimand), the report
shall be placed in the employee's supervisor file for inclusion in the employee's
performance evaluation if necessary.
2. If there is discipline involved (letter of reprimand or greater), the report along
with any related documentation shall be forwarded to the Professional Standards
office.
3. The Professional Standards office will ensure the appropriate discipline is
imposed, the necessary notifications made and that all documentation is
completed and placed in the appropriate file.
(c) Depending on the employee's history of preventable collisions over the past three
years, and particularly over the past 12 months, appropriate action will be taken based
on the following guidelines:
1. A non-injury incident resulting in minor damage with no recent (12 month) history
of preventable incidents may result in a verbal reprimand, counseling, or an
inspection report.

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2. A non-injury incident resulting in minor damage, with other preventable incidents

within 12 months will result in an inspection report or a written reprimand.
3. Incidents of a more serious nature such as injury, major property damage some
flagrant act or omission may result in more severe discipline.
4. Any subsequent incident of such nature may result in a suspension or more
severe discipline. The length of the suspension, if any will depend upon the
following:
(a) The degree of culpability in the current incident.
(b) The conditions relevant to the incident (weather, speed, etc.).
(c) The amount of property damage or loss.
(d) The severity of the injuries arising from the incident.
(d) Subsequent incidents as described here will be treated with increased severity.
(e) A pattern of preventable incidents over a three-year period, may also result in
measures as retraining or required professional consultation and/or counseling.

502.3.3 DISPATCH RESPONSIBILITIES

a. The Oxnard Police Department does not respond to collisions that occur on private property
unless:
1. A fatality or injury is sustained by an involved party.
2. A criminal offense is involved (DUI, hit and run, etc).
3. Substantial property damage is involved.
4. Damage to City property or City vehicle.
5. An involved driver refuses to identify himself/herself or exchange information.
6. There is damage that creates a risk to public safety.

b. Absent one of the above conditions, officers, and civilian staff will not respond to private
property collisions. Upon determining that a collision occurred on private property and a
response is not warranted, the dispatcher will:
1. Advise the involved parties that an officer is not going to respond.
2. Advise the involved parties that a report is not required by law and to exchange
information.
3. Provide the involved parties with an incident number.

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c. The Oxnard Police Department will respond to traffic collisions that occur on public
roadways, highways, and property within the jurisdiction of this department if:
1. A fatality or injury is sustained by an involved party.
2. A criminal offense is involved (DUI, hit and run, etc).
3. Damage to City property or City vehicle.
4. An involved driver refuses to identify himself/herself or exchange information.
5. An involved driver is unlicensed or uninsured.

d. Upon receiving a call of a traffic collision, the dispatcher will determine if the collision
requires an officer response. If an officer response is not required, the dispatcher will:
1. Advise the involved parties that a report is not required by law and to exchange
information.
2. Advise the involved parties that a report may be completed online through the
Department's Coplogic system. :

502.4 REPORTING SITUATIONS

502.4.1 TRAFFIC COLLISIONS INVOLVING CITY VEHICLES

Traffic collision investigation reports shall be taken when a City-owned vehicle is involved in
a traffic collision upon a roadway or highway wherein any damage or injury results. A general
information report may be taken in lieu of a traffic collision report (CHP 555 form) at the direction
of a supervisor when the collision occurs on private property or does not involve another vehicle.
Whenever there is damage to a police vehicle, a Vehicle Damage Report shall be completed and
forwarded to the Traffic Collission Investigator.
Photographs of the collision scene and vehicle damage shall be taken at the discretion of the
Traffic Collision Investigator or any supervisor.

502.4.2 TRAFFIC COLLISIONS WITH POLICE DEPARTMENT EMPLOYEES

When an employee of this department, either on-duty or off-duty, is involved in a traffic collision
within the jurisdiction of the Oxnard Police Department resulting in a serious injury or fatality,
the Traffic Sergeant or the Watch Commander, may notify the California Highway Patrol for
assistance.
The term serious injury is defined as any injury that may result in a fatality.

502.4.3 TRAFFIC COLLISIONS WITH OTHER CITY EMPLOYEES OR OFFICIALS

The Traffic Sergeant or on-duty Watch Commander may request assistance from the California
Highway Patrol for the investigation of any traffic collision involving any City official or employee
where a serious injury or fatality has occurred.

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502.4.4 TRAFFIC COLLISIONS ON PRIVATE PROPERTY

In compliance with the Collision Investigation Manual, traffic collision reports shall not be taken
for traffic collisions occurring on private property unless there is a death or injury to any person
involved, a hit-and-run violation, or Vehicle Code violation (i.e. DUI, reckless driving).

502.4.5 TRAFFIC COLLISIONS ON ROADWAYS OR HIGHWAYS

Traffic collision reports shall be taken when they occur on a roadway or highway within the
jurisdiction of this department under any of the following circumstances:

(a) When there is a death or injury to any persons involved in the collision.
(b) When there is an identifiable violation of the Vehicle Code that caused the collision
(PCF) and the driver will be cited or arrested for the particular (PCF).
(c) When a hit and run collision occurs and there is sufficient information to lead to the
identification of the hit and run vehicle and/or driver. (Reports shall be taken on all
injury hit and run collisions).

502.4.6 TRAFFIC COLLISION REPORT-PROPERTY DAMAGE ONLY

In the event of a traffic collision involving property damage only (PDO), no injuries or fatalities, no
City vehicles involved, and there is no anticipated prosecution, the responding officer shall:
a. Inform all parties involved that a report is not required by law.
b. Issue a citation to any driver in violation of driver’s license requirements and/or insurance
requirements.
c. Document the incident on the OPD 5192 form.
d. Provide each driver with a copy of the OPD 5192 form.
e. Advise the drivers to report the collision to their respective insurance companies.
f. Advise each party to complete and submit a California Department of Motor Vehicles Form
SR-1, CALIFORNIA TRAFFIC ACCIDENT REPORT within 10 days.
g. Document on their MDC or through dispatch that the OPD 5192 form was completed.
h. Turn the OPD 5192 form into the Records Division.

502.5 NOTIFICATION OF TRAFFIC BUREAU SUPERVISION

In the event of a serious injury or death related traffic collision, the Watch Commander shall notify
the Traffic Sergeant to relate the circumstances of the traffic collision and seek assistance from the
Traffic Unit. In the absence of a Traffic Sergeant, the Watch Commander or any supervisor may
assign the Traffic Collision Investigator or another motor officer to investigate the traffic collision.

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502.6 USE OF TRAFFIC SERVICE ASSISTANTS

TSA's and CSO's trained in the documentation of collisions may take collision reports except under
the following circumstances:
a. Fatal collisions or collisions that cause injury that may result in death.
b Hit and run collisions.

502.7 RECOVERABLE COLLISIONS

Government Code § 53150 and § 53156 provide for the recovery of up to $1,000.00 from a person
who negligently operates a vehicle, boat or aircraft resulting in injury to any person while under the
influence of drugs and/or alcohol. When notification is received of a suspected injury collision, both
the fire and police departments are ordered to respond. Following a collision scene investigation
and it is suspected that there was an intoxicated person involved, responsibilities are as follows:
Traffic Unit
(a) On a bi-weekly basis, the Traffic Coordinator will obtain all information relating to
recoverable emergency response offenses.
(b) OPD Form 126 will be completed on each offense and forwarded to the City Finance
for collection.

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 Policy Oxnard Police Department
510 Oxnard PD Policy Manual

Vehicle Towing and Release

510.1 PURPOSE AND SCOPE
This policy provides the procedures for towing a vehicle by or at the direction of the Oxnard Police
Department. Nothing in this policy shall require the [Department/Office] to tow a vehicle.

510.2 STORAGE AND IMPOUNDS

When circumstances permit, for example when towing a vehicle for parking or registration
violations, the handling employee should, prior to having the vehicle towed, make a good faith
effort to notify the owner of the vehicle that it is subject to removal. This may be accomplished
by personal contact, telephone or by leaving a notice attached to the vehicle at least 24 hours
prior to removal. If a vehicle presents a hazard, such as being abandoned on the roadway, it may
be towed immediately.
The responsibilities of those employees towing, storing or impounding a vehicle are listed below.

510.2.1 VEHICLE STORAGE REPORT

[Department/Office] members requesting towing, storage or impound of a vehicle shall complete
CHP Form 180 and accurately record the mileage and a description of property within the vehicle
(Vehicle Code § 22850). A copy of the storage report should to be given to the tow truck operator
and the original shall be submitted to the Records Division as soon as practicable after the vehicle
is stored.

510.2.2 REMOVAL FROM TRAFFIC COLLISION SCENES

When a vehicle has been involved in a traffic collision and must be removed from the scene, the
officer shall have the driver select a towing company, if possible, and shall relay the request for
the specified towing company to the dispatcher. When there is no preferred company requested,
a company will be selected from the rotational list of towing companies in the Communications
Center.
If the owner is incapacitated, or for any reason it is necessary for the [Department/Office] to
assume responsibility for a vehicle involved in a collision, the officer shall request the dispatcher
to call the official towing garage for the City of Oxnard. The officer will then store the vehicle using
a CHP Form 180.

510.2.3 STORAGE AT ARREST SCENES

Whenever a person in charge or in control of a vehicle is arrested, it is the policy of this
[department/office] to provide reasonable safekeeping by storing the arrestee’s vehicle subject to
the exceptions described below. The vehicle, however, shall be stored whenever it is needed for
the furtherance of the investigation or prosecution of the case, or when the community caretaker
doctrine would reasonably suggest that the vehicle should be stored (e.g., traffic hazard, high-
crime area).

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Vehicle Towing and Release

The following are examples of situations where consideration should be given to leaving a vehicle
at the scene in lieu of storing, provided the vehicle can be lawfully parked and left in a reasonably
secured and safe condition:
• Traffic-related warrant arrest.
• Situations where the vehicle was not used to further the offense for which the driver
was arrested.
• Whenever the licensed owner of the vehicle is present, willing, and able to take control
of any vehicle not involved in criminal activity.
• Whenever the vehicle otherwise does not need to be stored and the owner requests
that it be left at the scene. In such cases, the owner shall be informed that the
[Department/Office] will not be responsible for theft or damages.

510.2.4 IMPOUNDMENT AT SOBRIETY CHECKPOINTS

Whenever a driver is stopped at a sobriety checkpoint and the only violation is that the operator
is driving without a valid driver’s license, the officer shall make a reasonable attempt to identify
the registered owner of the vehicle (Vehicle Code § 2814.2). The officer shall release the vehicle
to the registered owner if the person is a licensed driver, or to another licensed driver authorized
by the registered owner, provided the vehicle is claimed prior to the conclusion of the checkpoint
operation.
If the vehicle is released at the checkpoint, the officer shall list on his/her copy of the notice to
appear the name and driver’s license number of the person to whom the vehicle is released.
When a vehicle cannot be released at the checkpoint, it shall be towed (Vehicle Code § 22651(p)).
When a vehicle is removed at the checkpoint, it shall be released during the normal business
hours of the storage facility to the registered owner or his/her agent upon presentation of a valid
driver’s license and current vehicle registration.

510.2.5 DRIVING A NON-CITY VEHICLE

Vehicles which have been towed by or at the direction of the [Department/Office] should not be
driven by police personnel unless it is necessary to move a vehicle a short distance to eliminate
a hazard, prevent the obstruction of a fire hydrant or to comply with posted signs.

510.2.6 DISPATCHER’S RESPONSIBILITIES

Upon receiving a request for towing, the dispatcher shall promptly telephone the specified
authorized towing service. The officer shall be advised when the request has been made and the
towing service has been dispatched.
When there is no preferred company requested, the dispatcher shall call the next firm in rotation
from the list of approved towing companies and shall make appropriate entries on that form to
ensure the following firm is called on the next request.

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Vehicle Towing and Release

510.2.7 RECORDS, COMMUNICATION CENTER, AND BOOKING RESPONSIBILITY

Records, Communication Center, and Booking personnel shall promptly enter pertinent data from
the completed storage form (CHP Form 180) into the Stolen Vehicle System (Vehicle Code §
22651.5(b); Vehicle Code § 22851.3(b); Vehicle Code § 22854.5).
Approved storage forms shall be promptly placed into the auto-file so that they are immediately
available for release or review should inquiries be made.
Within 48 hours, excluding weekends and holidays, of the storage of any such vehicle it shall be
the responsibility of the Records Division to determine the names and addresses of any individuals
having an interest in the vehicle through DMV or CLETS computers. Notice shall be sent to all
such individuals by first-class mail (Vehicle Code § 22851.3(d); Vehicle Code § 22852(a); Vehicle
Code § 14602.6(a)(2)). The notice shall include the following (Vehicle Code § 22852(b)):

(a) The name, address, and telephone number of this [Department/Office].

(b) The location of the place of storage and description of the vehicle, which shall include,
if available, the name or make, the manufacturer, the license plate number, and the
mileage.
(c) The authority and purpose for the removal of the vehicle.
(d) A statement that, in order to receive their post-storage hearing, the owners, or their
agents, shall request the hearing in person, writing, or by telephone within 10 days
of the date appearing on the notice.

510.3 TOWING SERVICES

The City of Oxnard periodically selects a firm to act as the official tow service and awards a contract
to that firm. This firm will be used in the following situations:
(a) When it is necessary to safeguard a vehicle due to the inability of the owner or operator
to take the required action.
(b) When a vehicle is being held as evidence in connection with an investigation.
(c) When it is otherwise necessary to store a motor vehicle. This would include situations
involving the recovery of stolen or abandoned vehicles, and the removal of vehicles
obstructing traffic in violation of state or local regulations.

510.3.1 "NO PREFERENCE" TOW SERVICES

Upon proper application, the Department may approve qualified towing services to be called when
a citizen needs towing but has "no preference" as to which service to call. Any complaint alleging
a violation of the agreement or other misconduct by a "no preference" operator shall be referred to
the police department for investigation. The Department may periodically review the performance
of each authorized "no preference" operator.
(a) The Police Department will assist citizens by calling any towing company desired. If
the citizen has no preference, the on-call tow company will be called.

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(b) Personnel are prohibited from directly or indirectly soliciting for or recommending any
garage or tow service.

510.4 VEHICLE INVENTORY

All property in a stored or impounded vehicle shall be inventoried and listed on the vehicle storage
form. This includes the trunk and any compartments or containers, even if closed and/or locked.
Members conducting inventory searches should be as thorough and accurate as practical in
preparing an itemized inventory. These inventory procedures are for the purpose of protecting
an owner's property while in police custody, to provide for the safety of officers, and to protect
the [Department/Office] against fraudulent claims of lost, stolen, or damaged property.

510.4.1 DRIVERS WITH SUSPENDED OR REVOKED LICENSES

Vehicles may be stored or impounded following the arrest of a person for driving with a suspended
and/or revoked license per Vehicle Code § 22651(p).

510.4.2 VEHICLES USED IN CRIMES

Pursuant to Vehicle Code §§ 22655, 22655.3 and 22655.5 and with the permission of a field
supervisor or the Watch Commander, nothing in this policy shall affect an officer's ability to
impound a vehicle:
(a) Abandoned in a pursuit.
(b) Involved in a hit and run collision.
(c) Used in the commission of a crime.
(d) Containing evidence of a crime.
CHP 180's completed by officers as a result of the above listed crimes and pursuant to the listed
vehicle codes, shall leave a copy of the CHP 180 for the respective investigator. This method
ensures that the investigator is aware of the impounded vehicle, and it alleviates any unnecessary
storage fees.

510.5 SECURITY OF VEHICLES AND PROPERTY

Unless it would cause an unreasonable delay in the completion of a vehicle impound/storage or
create an issue of officer safety, officers should make reasonable accommodations to permit a
driver/owner to retrieve small items of value or personal need (e.g., cash, jewelry, cell phone,
prescriptions) that are not considered evidence or contraband.
If a search of a vehicle leaves the vehicle or any property contained therein vulnerable to
unauthorized entry, theft, or damage, personnel conducting the search shall take such steps as
are reasonably necessary to secure and/or preserve the vehicle or property from such hazards.

510.6 RELEASE OF VEHICLE

The [Department/Office] will maintain a listed, 24-hour telephone number to provide information
regarding impoundment of vehicles and the right of the registered owner to request a storage

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hearing. Releases for towed vehicles will be made available during regular, non-emergency
business hours (Vehicle Code § 14602.6).
(a) Vehicles removed pursuant to Vehicle Code § 22850 shall be released after proof of
current registration is provided by the owner or the person in control of the vehicle and
after all applicable fees are paid (Vehicle Code § 22850.3; Vehicle Code § 22850.5).
(b) Vehicles removed that require payment of parking fines or proof of valid driver’s license
shall only be released upon presentation of proof of compliance, proof of payment,
completion of affidavit, and payment of applicable fees related to the removal (Vehicle
Code § 22651 et seq., Vehicle Code § 22652 et seq., Vehicle Code § 22850.3; Vehicle
Code § 22850.5).
(c) A vehicle removed pursuant to Vehicle Code § 14602.6(a) shall be released to the
registered owner or his/her agent with proof of current registration, proof of a valid
driver’s license, and applicable fees paid prior to the end of the 30-day impoundment
period under any of the following circumstances:
1. The vehicle was stolen.
2. If the driver reinstates his/her driver's license or acquires a license and provides
proof of proper insurance.
3. Any other circumstance as set forth in Vehicle Code § 14602.6.
4. When there is no remaining community caretaking need to continue impound
of the vehicle or the continued impound would not otherwise comply with the
Fourth Amendment.
(d) An autonomous vehicle removed under authority of Vehicle Code § 22651(o)(1)(D)
shall be released to the registered owner or person in control of the autonomous
vehicle if the requirements of Vehicle Code § 22651(o)(3)(B) are met.
Personnel whose duties include releasing towed vehicles should consult the Vehicle Code under
which the vehicle was towed or impounded for any specific requirements prior to release.
Employees who suspect that a vehicle was impounded in error should promptly advise a
supervisor. Supervisors should approve, when appropriate, the release of the vehicle without
requiring the registered owner or his/her agent to request a hearing, as described in the Vehicle
Impound Hearings Policy.

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512 Oxnard PD Policy Manual

Vehicle Impound Hearings

512.1 PURPOSE AND SCOPE
This policy establishes a procedure for the requirement to provide vehicle storage or impound
hearings pursuant to Vehicle Code § 22852.

512.2 STORED OR IMPOUND HEARING

When a vehicle is stored or impounded by any member of the Oxnard Police Department, a hearing
will be conducted upon the request of the registered or legal owner of the vehicle or his/her agent
(Vehicle Code § 22650(a); Vehicle Code § 22852(a)).
The hearing shall be conducted within 48 hours of the request, excluding weekends and holidays.
The hearing officer must be a person other than the person who directed the storage or impound
of the vehicle (Vehicle Code § 22852(c)).

512.2.1 HEARING PROCEDURES

The vehicle storage hearing is an informal process to evaluate the validity of an order to store
or impound a vehicle. The employee who caused the storage or removal of the vehicle does not
need to be present for this hearing.
All requests for a hearing on a stored or impounded vehicle shall be submitted in person, in writing
or by telephone within 10 days of the date appearing on the notice (Vehicle Code § 22852(b)).
The Traffic Sergeant will generally serve as the hearing officer. The person requesting the hearing
may record the hearing at his/her own expense.
The failure of either the registered or legal owner or interested person or his/her agent to request
a hearing in a timely manner or to attend a scheduled hearing shall be considered a waiver of
and satisfaction of the post-storage hearing requirement (Vehicle Code § 22851.3(e)(2); Vehicle
Code § 22852(d)).
Any relevant evidence may be submitted and reviewed by the hearing officer to determine if
reasonable grounds have been established for the storage or impound of the vehicle. The initial
burden of proof established by a preponderance of the evidence that the storage/impound was
based on probable cause rests with the Department.
After consideration of all information, the hearing officer shall determine the validity of the storage
or impound of the vehicle in question and then render a decision. The hearing officer shall also
consider any mitigating circumstances attendant to the storage that reasonably would warrant the
release of the vehicle or a modification or reduction of the period the vehicle is impounded (Vehicle
Code §14602.6(b); Vehicle Code § 14602.8(b)).
Aside from those mitigating circumstances enumerated in the Vehicle Code, the registered
owner's lack of actual knowledge that the driver to whom the vehicle was loaned was not validly
licensed may constitute a mitigating circumstance under Vehicle Code § 14602.6(b) or 14602.8(b),
warranting release of the vehicle. This mitigating circumstance exception is not limited to situations

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where the owner made a reasonable inquiry as to the licensed status of the driver before lending
the vehicle.
The legislative intent and this department’s policy is to prevent unlicensed driving pursuant to
Vehicle Code §14602.6. If this purpose is not furthered by the continued impoundment of a vehicle,
release is most often appropriate.
(a) If a decision is made that reasonable grounds for storage or impound have been
established, the hearing officer shall advise the inquiring party of the decision and that
the inquiring party may pursue further civil remedies if desired.
1. If mitigating circumstances are found to be relevant, the hearing officer shall
make reasonable adjustments to the impound period, storage or assessment of
fees as warranted.
(b) If a decision is made that reasonable grounds for storage or impound have not been
established or sufficient mitigating circumstances exist, the vehicle in storage shall
be released immediately. Towing and storage fees will be paid at the Department’s
expense (Vehicle Code § 22852(e)).
(c) If a decision is made that reasonable grounds for storage have not been established
or sufficient mitigating circumstances exist, and the vehicle has been released with
fees having been paid, the receipt for such fees will be forwarded with a letter to
the appropriate Bureau Chief. The hearing officer will recommend to the appropriate
Bureau Chief that the fees paid by the registered or legal owner of the vehicle in
question or their agent be reimbursed by the Department.

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 Policy Oxnard Police Department
514 Oxnard PD Policy Manual

Impaired Driving
514.1 PURPOSE AND SCOPE
This policy provides guidance to those department members who play a role in the detection and
investigation of driving under the influence (DUI).

514.2 POLICY
The Oxnard Police Department is committed to the safety of the roadways and the community
and will pursue fair but aggressive enforcement of California’s impaired driving laws.

514.3 INVESTIGATIONS
Officers should not enforce DUI laws to the exclusion of their other duties unless specifically
assigned to DUI enforcement. All officers are expected to enforce these laws with due diligence.
The Traffic Sergeant will develop and maintain, in consultation with the prosecuting attorney,
report forms with appropriate checklists to assist investigating officers in documenting relevant
information and maximizing efficiency. Any DUI investigation will be documented using these
forms. Information documented elsewhere on the form does not need to be duplicated in the report
narrative. Information that should be documented includes, at a minimum:
(a) The standardized field sobriety tests (SFSTs) administered and the results.
(b) The officer’s observations that indicate impairment on the part of the individual,
and the officer’s health-related inquiries that may help to identify any serious health
concerns (e.g., diabetic shock).
(c) Sources of additional information (e.g., reporting party, witnesses) and their
observations.
(d) Information about any audio and/or video recording of the individual’s driving or
subsequent actions.
(e) The location and time frame of the individual’s vehicle operation and how this was
determined.
(f) Any prior related convictions in California or another jurisdiction.

514.3.1 TESTING OF CONSCIOUS SUSPECT AT A HOSPITAL

Based on probable cause, the officer should place a hospitalized but conscious suspect under
arrest in the presence of hospital personnel and advise the attending physician of the intent to
administer a chemical test. Unless the attending physician objects for medical reasons, the blood
or urine (in cases of drug impairment) samples will be collected in the prescribed manner.

514.3.2 TESTING OF UNCONSCIOUS DRIVER OR BICYCLIST AT A HOSPITAL

When there is probable cause to believe that an unconscious driver or bicyclist is under the
influence, there is no method of informing the individual of the arrest nor can there be any
verbal consent on the part of the suspect to allow one of the two possible chemical tests at the

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hospital to determine his/her blood alcohol level. As a result, absent actual consent (by words or
conduct) or a valid exception to the warrant requirements, officers must obtain a search warrant
to collect a sample of the suspect's blood. See People v. Arredondo 245 CA. App. 4th 186 (2016).
After obtaining a warrant or if exigent circumstances exist, the officer shall advise the attending
physician of the intent to collect a sample of the suspect's blood as evidence. If the physician does
not object based on medical reasons, the blood will be collected in the prescribed manner.

514.4 TESTING OF PERSONS IN THE FIELD

With the consent of attending GCA paramedic personnel, peace officers may request a blood
sample be obtained prior to or during the administration of advanced life support from a subject
that is suspected by the officer of criminal conduct involving alcohol and/or drugs. The withdrawal
of blood by paramedics at the scene of a medical emergency may occur only when all of the
following circumstances are met:

(a) The officer has probable cause to believe that a subject has committed a crime
involving alcohol and/or drugs (People v. Trotman [1989] 214 Cal. App. 3d 430,
states that probable cause to believe the suspect was involved in the commission of
an offense and that the extraction of blood would disclose evidence of the crime is
sufficient to justify the extraction of blood without the necessity of a formal arrest. See
also Cupp v. Murphy [1973] 412 U.S. 291 and Deltoro (1989) 214 Cal.App.3d 1417,
1425.)
(b) The chemical test is essential for the successful prosecution of the case.
(c) The withdrawal of blood will not delay the medical treatment of the patient in any way.
(d) The attending paramedic consents to withdraw the blood as requested by a peace
officer.
(e) The withdrawal is incident to advanced life support (ALS) procedures being initiated on
the patient by paramedics. In this context, ALS is when a paramedic injects a medicine
or starts an intravenous line (I.V.).
(f) The driver does not refuse to submit to the chemical test (Note: Must obtain a warrant
for an unconscious person).

All Gold Coast paramedic ambulances are stocked with blood tube envelopes supplied by the
Ventura County Crime Laboratory. These envelopes contain a gray-top tube for analysis of alcohol
and/or drugs.

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514.5 COLLECTING BLOOD EVIDENCE

Only persons authorized by law to withdraw blood shall collect blood samples (Vehicle Code §
23158). The withdrawal of the blood sample should be witnessed by the assigned officer. No
officer, even if properly certified, should conduct the blood withdrawal.
Officers should inform an arrestee that if he/she chooses to provide a blood sample, a separate
sample can be drawn for alternate testing. Unless medical personnel object, two samples should
be drawn and retained as evidence, so long as only one puncture is required.
If an arrestee cannot submit to a blood test because he/she is a hemophiliac or is using an
anticoagulant, he/she shall not be required to take a blood test. Such inability to take a blood test
should not be treated as a refusal. However, the person may be required to complete another
available and viable test.
Blood sample kits are normally available at the hospital and at the Department. For drug and
alcohol cases, only the official Ventura County Sheriff's Department blood sample kits are to
be utilized to collect a blood sample. Only official DOJ vials will be used for DNA Bank sample
collection.
Upon collection of the blood sample, the officer shall take possession of the sample. The officer
shall follow the instructions regarding blood collection and submission printed on the outside of the
blood sample kit. The sample shall be placed into a locked body fluid sample box in the evidence
refrigerator at the Oxnard Police Department.
Officers transporting an individual to VCMC, or other local hospital for a blood draw, should take
an EPAS device with them. If the arresting officer is not certified to use the EPAS, a certified officer
shall be requested in a timely manner. If there are complications (unable to obtain due to medical
issues or the force needed will shock the conscious) and the arrestee decides to voluntarily provide
a sample, officers shall attempt to obtain one using the EPAS device.

514.6 FIELD TESTING CHAIN OF EVIDENCE

The following procedures will be followed to ensure an unbroken chain of evidence:
(a) After determining that probable cause exists to arrest the suspect, the officer will
request a sample be taken by trained medical personnel. If agreed upon, the Crime
Lab envelope will be retrieved from the medical staff.
(b) The officer will ensure that the seal on the envelope flap is intact and will witness the
removal of the tube from the envelope;
(c) The officer will remind the medical staff to prepare the blood withdrawal site with a
non-alcohol based solution such as Betadine.
(d) The officer will witness the withdrawal of blood from the suspect and the filling of the
tubes with blood.
1. According to the crime lab, the minimum amount of blood for testing purposes
is 0.5 milliliter for alcohol studies, and 5.0 milliliters for drug screening and
subsequent confirmation work;

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(e) The officer will then take the tube from the medical staff member, seal the stopper with
one Crime Lab sticker, label the tube and envelope, then seal the tube in the envelope
using another sticker provided;
(f) The officer will secure the envelope in the transportation box as soon as possible to
avoid loss of the evidence.
(g) In misdemeanor cases, if the suspect becomes violent to the extent that he/she cannot
be controlled then additional force will not be used and a refusal noted in the report.
A supervisor shall be present when blood is forcibly extracted from a suspect who is
uncooperative or has refused a chemical test. The amount of force used to accomplish
the collection of this evidence will be controlled by that supervisor. The forced blood
draw shall be digitally recorded by use of audio and/or video. When a suspect cannot
submit to a blood test because he/she is a hemophiliac or is using an anticoagulant
under the direction of a physician for a heart condition, he or she shall not be required
to take a blood test.

514.6.1 BLOOD DRAW REFUSALS; NARCOTICS

If a subject has been lawfully arrested for Health and Safety Code § 11550 and refuses to submit to
chemical testing, the arrestee may be physically compelled to submit to a blood test if the following
provisions are met:
(a) Ideally, the officer conducting the evaluation for drug impairment will have completed
the Peace Officer Standard and Training (P.O.S.T.) approved Drug Abuse Recognition
Training (D.A.R.) course or the California Highway Patrol/Los Angeles Police
Department P.O.S.T. approved Drug Recognition Expert (D.R.E.) course.
(b) The evaluating officer shall complete two D.A.R./D.R.E. evaluations of the subject.
Whenever possible, the second evaluation should be conducted in a controlled
environment.
(c) An additional D.A.R./D.R.E. evaluation may be completed by another D.A.R./D.R.E.
trained officer. This officer should not have been involved in the initial contact or arrest
of the subject. This evaluation should be done in a controlled environment and not in
the field. The second officer must observe clear, objective symptoms in the subject
being evaluated that are consistent with their D.A.R./D.R.E. training.
(d) A supervisor shall obtain the opinions of evaluating officers prior to rendering a
decision to compel a blood test.

514.7 BLOOD SAMPLE WITHOUT CONSENT

A blood sample may be obtained from a person who refuses a chemical test when any of the
following conditions exist:
(a) A search warrant has been obtained; or
(b) The officer can articulate that exigent circumstances exist. Exigency does not exist
solely because of the short time period associated with the natural dissipation of
alcohol in the person's bloodstream. Exigency can be established by the existence
of special facts such as lengthy delay in obtaining a blood sample due to a collision
investigation or medical treatment of the person.

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514.7.1 FORCED BLOOD SAMPLE; SUPERVISOR RESPONSIBILITY

When a person who has been arrested for DUI refuses to submit to a viable and appropriate test
or fails to complete a selected test, a sample of that person's blood may be obtained for testing.
If a person indicates by word or action that he/she will physically resist a blood draw, the officer
shall request a supervisor to respond. The responding supervisor shall:
(a) Ensure a search warrant has been obtained (Missouri v. McNeely [2013] 133 S.CT.
1552)
(b) Evaluate whether using force to obtain a blood sample is appropriate under the
circumstances.
(c) Ensure that all attempts to obtain a blood sample through force cease if the person
agrees to, and completes a viable form of testing in a timely manner.
(d) Advise the person of his/her duty to provide a sample (even if this advisement was
previously done by another officer) and attempt to persuade the person to submit to
such a sample without physical resistance. This dialogue should be recorded on audio
and/or video if practical.
(e) Ensure that the withdrawal is taken in a medically approved manner.
(f) Ensure the forced withdrawal is recorded on audio and/or video.
(g) Monitor, control, and ensure that the type and level of force applied is reasonable
under the circumstances:
(a) Unless otherwise provided in a warrant, force should generally be limited to
handcuffing or similar restraint methods.
(b) In misdemeanor cases, if the suspect becomes violent or more resistant, no
additional force will be used and a refusal should be noted in the report.
(c) In felony cases, force which reasonably appears necessary to overcome the
resistance to the blood being withdrawn may be permitted.
(h) Ensure the use of force and methods used to accomplish the blood sample draw are
documented in the related report.

514.7.2 AVAILABLE LOCATIONS FOR FORCED BLOOD DRAWS

The Ventura County Medical Center is the only authorized location for the forced withdrawal
of blood samples. St. John's Regional Medical Center will not collect forced blood samples.
According to Emergency Department Nursing Procedure No. ED-36: "St. John's Regional Medical
Center/St. John's Pleasant Valley Hospitals will not obtain a forcible blood sample at the written
request of a peace officer. The staff member obtaining the sample may not use any physical
restraint."

514.8 CHOICE OF TESTS

A person arrested for DUI has the choice of whether the test is of his/her blood or breath, and
the officer shall advise the person that he/she has that choice. If the person arrested either is
incapable, or states that he/she is incapable, of completing the chosen test, the person shall submit
to the remaining test.

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If the person chooses to submit to a breath test and there is reasonable cause to believe that
the person is under the influence of a drug or the combined influence of alcohol and any drug,
the officer may also request that the person submit to a blood test. If the person is incapable of
completing a blood test, the person shall submit to and complete a urine test (Vehicle Code §
23612(a)(2)(C)).

514.8.1 COLLECTING BREATH AS EVIDENCE

If the arrested person chooses a breath test and if it can be accomplished without undue
delay, personnel trained in the use of an E-Pas device may collect the sample either in the field
or at the Detention Facility.
When the arrested person chooses a breath test, the handling officer shall advise the person that
the breath-testing equipment does not retain a sample, and the person may, if desired, provide a
blood or urine specimen, which will be retained to facilitate subsequent verification testing (Vehicle
Code § 23614).
The officer should also require the person to submit to a blood test if the officer has a clear
indication that a blood test will reveal evidence of any drug or the combined influence of an
alcoholic beverage and any drug. Evidence of the officer's belief shall be included in the officer's
report (Vehicle Code § 23612(a)(2)(C)).

514.8.2 COLLECTING URINE AS EVIDENCE

If it is suspected that the offender is under the influence of controlled substance (including
prescription medications if causing impairment), and the arrested person chooses a urine test, he
or she shall be promptly transported to the Detention Facility. The PSO will furnish a urine kit for
collecting samples of the arrested person's urine. The officer shall follow the directions listed on
the container instruction sheet. If the arrested person's urine is necessarily collected elsewhere,
the procedure will remain the same. The urine kit shall then be placed in the evidence refrigerator
to await transportation to the Crime Laboratory.
Urine samples shall be collected and witnessed by an officer or booking staff of the same sex as
the person giving the sample. The person tested should be allowed sufficient privacy to maintain
his/her dignity, to the extent possible, while still ensuring the accuracy of the specimen (Vehicle
Code § 23158(i)).

514.8.3 CHEMICAL TEST REFUSALS

When a person refuses to provide a viable chemical sample, officers should:
(a) Advise the person of the requirement to provide a sample (Vehicle Code § 23612).
(b) Audio-record the admonishment and the response if practical.
(c) Document the refusal in the appropriate report.
Upon refusal to submit to a chemical test as required by law, officers shall personally serve the
notice of order of suspension upon the person and take possession of any state-issued license

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to operate a motor vehicle that is held by that person (Vehicle Code § 23612(e); Vehicle Code
§ 23612(f)).

514.8.4 STATUTORY WARNING

An officer requesting that a person submit to chemical testing shall provide the person with the
mandatory warning pursuant to Vehicle Code § 23612(a)(1)(D) and Vehicle Code §23612(a)(4).

514.8.5 PRELIMINARY ALCOHOL SCREENING

Officers may use a preliminary alcohol screening (PAS) test to assist in establishing reasonable
cause to believe a person is DUI. The officer shall advise the person that the PAS test is being
requested to assist in determining whether the person is under the influence of alcohol or drugs,
or a combination of the two. Unless the person is under the age of 21, he/she shall be advised
that the PAS test is voluntary. The officer shall also advise the person that submitting to a PAS
test does not satisfy his/her obligation to submit to a chemical test as otherwise required by law
(Vehicle Code § 23612).

514.8.6 PRELIMINARY ALCOHOL SCREENING FOR MINORS

If an officer lawfully detains a person under 21 years of age who is driving a motor vehicle and
the officer has reasonable cause to believe that the person has a blood alcohol content of 0.01
or more, the officer shall request that the person take a PAS test to determine the presence of
alcohol in the person, if a PAS test device is immediately available. If a PAS test device is not
immediately available, the officer may request the person to submit to chemical testing of his/her
blood, breath or urine, conducted pursuant to Vehicle Code §23612 (Vehicle Code § 13388).
If the person refuses to take or fails to complete the PAS test or other chemical test, or if the result
of either test reveals a blood alcohol content of 0.01 or more, the officer shall proceed to serve
the person with a notice of order of suspension pursuant to this policy (Vehicle Code § 13388).

514.9 PRESUMPTIVE URINE TESTING PROTOCOL

The MedTox VERDICT®II test device provides a preliminary analytical test result for THC/
Cocaine/Opiates/Methamphetamine/MDMA. This test does not replace the laboratory tests
conducted by the Ventura County Criminal Laboratory, it is intended to serve as an additional tool
for officers in determining if subjects have illicit drugs in their systems. The test will be administered
to all persons arrested for Health and Safety Code § 11550. This test, although not admissible in
court, may be considered by the District Attorney in filing criminal charges pending the results of
the confirmed laboratory test from the Ventura County Crime Lab.

514.9.1 REPORTING PROCESS

Upon the successful completion of a non-negative test, the officer will process the suspect in
the normal manner and will submit a chemical sample to the Ventura County Crime Lab for a
confirmatory test. In the crime report, the officer shall record the results of the urine test in a similar
fashion:

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(a) "On (date) at (time), I tested the suspect's urine sample with the MedTox Verdict II kit.
The results were nonnegative for (substance) and consistent with my opinion that the
suspect was under the influence of that controlled substance."
(b) If an officer receives a negative test result, the officer will contact the Watch
Commander or immediate supervisor for direction on further processing of the
arrestee.

514.9.2 CERTIFICATION
Personnel shall be certified by MedTox Scientific prior to completing urine tests using the
VERDICT-II® test device. Personnel shall review the five-page training manual then complete the
five-page certification quiz. The completed quiz will be mailed to MedTox for scoring. If personnel
attain a score of 80 percent or better, MedTox will issue a Certificate of Achievement.

514.10 ARREST AND INVESTIGATION

514.10.1 WARRANTLESS ARREST

In addition to the arrest authority granted to officers pursuant to Penal Code § 836, an officer may
make a warrantless arrest of a person that the officer has reasonable cause to believe has been
driving under the influence of an alcoholic beverage or any drug, or under the combined influence
of the same when (Vehicle Code § 40300.5):
(a) The person is involved in a traffic collision.
(b) The person is observed in or about a vehicle that is obstructing the roadway.
(c) The person will not be apprehended unless immediately arrested.
(d) The person may cause injury to him/herself or damage property unless immediately
arrested.
(e) The person may destroy or conceal evidence of a crime unless immediately arrested.

514.10.2 OFFICER RESPONSIBILITIES

The officer serving the arrested person with a notice of an order of suspension shall immediately
(Vehicle Code § 23612):
(a) Forward a copy of the completed notice of suspension or revocation form and any
confiscated driver’s license to the Department of Motor Vehicles (DMV).
(b) Forward a sworn report to DMV that contains the required information in Vehicle Code
§ 13380.
(c) Forward the results to the appropriate forensic laboratory if the person submitted to
a blood or urine test.

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 Policy Oxnard Police Department
516 Oxnard PD Policy Manual

Traffic Citations
516.1 PURPOSE AND SCOPE
This policy outlines the responsibility for traffic citations, the procedure for dismissal, correction,
and voiding of traffic citations.

516.2 RESPONSIBILITIES
The Traffic Sergeant shall be responsible for the development and design of all [Department/
Office] traffic citations in compliance with state law and the Judicial Council.
The Records Division shall be responsible for the supply and accounting of all traffic citations
issued to employees of this [department/office].

516.3 DISMISSAL OF TRAFFIC CITATIONS

Employees of this [department/office] do not have the authority to dismiss a citation once it has
been issued. Only the court has the authority to dismiss a citation that has been issued (Vehicle
Code § 40500(d)). Any request from a recipient to dismiss a citation shall be referred to the Traffic
Bureau Manager. Upon a review of the circumstances involving the issuance of the traffic citation,
the Traffic Bureau Manager may request the Field Services Bureau Chief to recommend dismissal
of the traffic citation. If approved, the citation will be forwarded to the appropriate court with a
request for dismissal. All recipients of traffic citations whose request for the dismissal of a traffic
citation has been denied shall be referred to the appropriate court.
Should an officer determine during a court proceeding that a traffic citation should be dismissed
in the interest of justice or where prosecution is deemed inappropriate the officer may request the
court to dismiss the citation. Upon dismissal of the traffic citation by the court, the officer shall notify
his/her immediate supervisor of the circumstances surrounding the dismissal and shall complete
any paperwork as directed or required. The citation dismissal shall then be forwarded to the Field
Services Bureau Chief for review.

516.4 VOIDING TRAFFIC CITATIONS

Voiding a traffic citation may occur when a traffic citation has not been completed, when it has
been completed but not issued, or when a citation was issued but not processed. When an officer
needs to dismiss or void a traffic citation, the officer must complete a Request to Dismiss Citation
form, provide a reason for dismissal, and route the request through his/her chain of command
for approval. The officer may provide the reason on a separate memorandum and attach it to the
request. The officer's sergeant will review the request and forward up their chain of command to
the Bureau Chief for a final decision.
Once the Bureau Chief has approved the request, he/she will forward the request to the Records
Manager for final processing. The Records Manager will ensure the appropriate paperwork is filed
with the Ventura County Superior Court's Traffic Division to formally dismiss the traffic citation. All

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paperwork related to the dismissal will be scanned with the citation and filed under the appropriate
incident number.

516.5 CORRECTION OF TRAFFIC CITATIONS

When a traffic citation is issued and in need of correction, the officer issuing the citation shall submit
the citation and a Notice of Amendment requesting a specific correction to his/her immediate
supervisor. The citation and Notice of Amendment shall then be forwarded to the Records Unit.
The Records Unit shall prepare a letter of correction to the court having jurisdiction and to the
recipient of the citation.

516.6 DISPOSITION OF TRAFFIC CITATIONS

The court and file copies of all traffic citations issued by employees of this department shall be
forwarded to the employee's immediate supervisor for review. The citation copies shall then be
filed with the Records Division.
Upon separation from employment with the this department, all employees issued traffic citations
books shall return any unused citations to the Traffic Unit.

516.7 NOTICE OF PARKING VIOLATION APPEAL PROCEDURE

Disposition of notice of parking violation appeals is conducted pursuant to Vehicle Code § 40215.

516.7.1 APPEAL STAGES

Appeals may be pursued sequentially at three different levels (Vehicle Code § 40215; Vehicle
Code § 40230):
(a) Administrative reviews are conducted by the Traffic Bureau who will review written/
documentary data. Requests for administrative reviews are available at the front desk
or Traffic Bureau of the Oxnard Police Department. These requests are informal
written statements outlining why the notice of parking violation should be dismissed.
Copies of documentation relating to the notice of parking violation and the request for
dismissal must be mailed to the current mailing address of the processing agency.
(b) If the appellant wishes to pursue the matter beyond administrative review, an
administrative hearing may be conducted in person or by written application, at the
election of the appellant. Independent referees review the existent administrative file,
amendments, and/or testimonial material provided by the appellant and may conduct
further investigation or follow-up on their own.
(c) If the appellant wishes to pursue the matter beyond an administrative hearing, a
Superior Court review may be presented in person by the appellant after an application
for review and designated filing fees have been paid to the Superior Court of California.

516.7.2 TIME REQUIREMENTS

Administrative review or appearance before a hearing examiner will not be provided if the
mandated time limits are not adhered to by the violator.

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(a) Requests for an administrative review must be postmarked within 21 calendar days of
issuance of the notice of parking violation, or within 14 calendar days of the mailing of
the Notice of Delinquent Parking Violation (Vehicle Code § 40215(a)).
(b) Requests for administrative hearings must be made no later than 21 calendar days
following the notification mailing of the results of the administrative review (Vehicle
Code § 40215(b)).
(c) An administrative hearing shall be held within 90 calendar days following the receipt of
a request for an administrative hearing, excluding time tolled pursuant to Vehicle Code
§ 40200 - 40225. The person requesting the hearing may request one continuance,
not to exceed 21 calendar days (Vehicle Code § 40215).
(d) Registered owners of vehicles may transfer responsibility for the violation via timely
affidavit of non-liability when the vehicle has been transferred, rented or under certain
other circumstances (Vehicle Code § 40209; Vehicle Code § 40210).

516.7.3 COSTS
(a) There is no cost for an administrative review.
(b) Appellants must deposit the full amount due for the citation before receiving an
administrative hearing, unless the person is indigent, as defined in Vehicle Code §
40220, and provides satisfactory proof of inability to pay (Vehicle Code § 40215).
(c) An appeal through Superior Court requires prior payment of filing costs, including
applicable court charges and fees. These costs will be reimbursed to the appellant in
addition to any previously paid fines if appellant's liability is overruled by the Superior
Court.

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520 Oxnard PD Policy Manual

Disabled Vehicles
520.1 PURPOSE AND SCOPE
Vehicle Code § 20018 provides that all law enforcement agencies having responsibility for traffic
enforcement may develop and adopt a written policy to provide assistance to motorists in disabled
vehicles within their primary jurisdiction.

520.2 OFFICER RESPONSIBILITY

When an on-duty officer observes a disabled vehicle on the roadway, the officer should make a
reasonable effort to provide assistance. If that officer is assigned to a call of higher priority, the
dispatcher should be advised of the location of the disabled vehicle and the need for assistance.
The dispatcher should then assign another available officer to respond for assistance as soon
as practical.

520.3 EXTENT OF ASSISTANCE

In most cases, a disabled motorist will require assistance. After arrangements for assistance are
made, continued involvement by department personnel will be contingent on the time of day, the
location, the availability of departmental resources, and the vulnerability of the disabled motorist.

520.3.1 MECHANICAL REPAIRS

Department personnel shall not make mechanical repairs to a disabled vehicle. The use of push
bumpers to relocate vehicles to a position of safety is not considered a mechanical repair.

520.3.2 RELOCATION OF DISABLED VEHICLES

The relocation of disabled vehicles by members of this department by pushing or pulling a vehicle
should only occur when the conditions reasonably indicate that immediate movement is necessary
to reduce a hazard presented by the disabled vehicle.

520.3.3 RELOCATION OF DISABLED MOTORIST

The relocation of a disabled motorist should only occur with the person’s consent and should be
suggested when conditions reasonably indicate that immediate movement is necessary to mitigate
a potential hazard. The department member may stay with the disabled motorist or transport him/
her to a safe area to await pickup.

520.4 PUBLIC ACCESS TO THIS POLICY

This written policy is available upon request.

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524 Oxnard PD Policy Manual

72-Hour Parking Violations

524.1 PURPOSE AND SCOPE
This policy provides procedures for the marking, recording, and storage of vehicles parked in
violation of the Oxnard City Ordinance regulating 72-hour parking violations and abandoned
vehicles under the authority of Vehicle Code § 22669.

524.2 MARKING VEHICLES

Vehicles suspected of being in violation of the City of Oxnard 72-Hour Parking Ordinance shall
be marked and noted on the Oxnard Police Department 72-Hour Warning Card. No case number
is required at this time.
A visible chalk mark should be placed on the left rear tire tread at the fender level unless missing
tires or other vehicle conditions prevent marking. Any deviation in markings shall be noted on
the 72-Hour Warning Card. The investigating employee should make a good faith effort to notify
the owner of any vehicle subject to towing prior to having the vehicle removed. This may be
accomplished by personal contact, telephone or by leaving notice attached to the vehicle at least
24 hours prior to removal.
All 72-Hour Warning Cards shall be submitted to the Traffic Unit for computer data entry.
If a 72-Hour Warning has been moved or the markings have been removed during a 72-hour
investigation period, the vehicle shall be marked again for the 72-hour parking violation and a 72-
Hour Warning Card completed and forwarded to the Traffic Unit.
Parking citations for the 72-hour parking ordinance shall not be issued when the vehicle is stored
for the 72-hour parking violation.

524.2.1 MARKED VEHICLE FILE

The Traffic Unit shall be responsible for maintaining a file for all Marked Vehicle Cards.
Traffic Service Assistants assigned to the Traffic Unit shall be responsible for the follow up
investigation of all 72-hour parking violations noted on the 72-Hour Warning Cards.

524.2.2 VEHICLE STORAGE

Any vehicle in violation shall be stored by the authorized towing service and a vehicle storage
report shall be completed by the officer authorizing the storage of the vehicle.
The storage report form shall be submitted to the Records Division immediately following the
storage of the vehicle. It shall be the responsibility of the Records Division to immediately notify
the Stolen Vehicle System (SVS) of the Department of Justice in Sacramento ( Vehicle Code §
22851.3(b)). Notification may also be made to the National Law Enforcement Telecommunications
System (NLETS)(Vehicle Code § 22854.5).
Within 48 hours of the storage of any such vehicle, excluding weekends and holidays, it shall be
the responsibility of the Records Division to determine the names and addresses of any individuals

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having an interest in the vehicle through DMV or CLETS computers. Notice to all such individuals
shall be sent first-class or certified mail pursuant to Vehicle Code § 22851.3(d).

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 Policy Oxnard Police Department
525 Oxnard PD Policy Manual

Administrative Per Se Law (APS)

525.1 PURPOSE AND SCOPE
This policy provides for the immediate suspension of a California driver's license in certain "Driving
Under the Influence" (DUI) cases and in "Zero Tolerance" incidents. Vehicle Code § 13382 (a) and
(b), and § 13388 (b) require that peace officers immediately suspend driving privileges in certain
situations involving arrests for Vehicle Code § 23152 and § 23153. This policy also describes the
policy dealing with "Zero Tolerance" laws.

525.2 SUSPENSION OF CALIFORNIA DRIVER'S LICENSES

The driver's license of a person suspected of driving under the influence of alcohol, shall
immediately be suspended under any of the following circumstances:
(a) The arrestee refuses to submit to a chemical test.
(b) The arrestee fails to complete the selected test.
(c) The arrestee declines a breath test and demands a blood or urine test, and, the
arresting officer has reasonable cause to believe that the arrestee's Blood Alcohol
Content (BAC) will exceed the .08% level.
(d) The arrestee completes the breath tests which show a BAC of .08% or higher.

525.2.1 ZERO TOLERANCE LAW

Vehicle Code § 23136 & § 23140 were enacted to reduce alcohol related incidents by persons
under the age of 21. A person under 21 years of age may have his or her license suspended
under the following circumstances:
(a) When suspected of consuming alcohol and refusing a PAS test.
(b) Who has a blood-alcohol level of .01 percent or greater.
Zero Tolerance requires PAS device as the primary test. If the device is not available, one of
the other chemical tests must be completed. Under Zero Tolerance, only the PAS device result
is required. If the driver's PAS reading warrants arrest and further chemical testing, the DMV
does not require completion of the "Chemical Test" section of the DS367m form. Once the PAS
certification is complete, the Zero Tolerance requirement has been met.

525.3 PEACE OFFICER'S RESPONSIBILITY

In any of the above situations, the peace officer, acting on behalf of the Department of Motor
Vehicles, shall do the following:
(a) Confiscate any California Driver's License(s) in the possession of the driver. If the
subject has an APS temporary license document, do not confiscate.

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(b) Complete and serve the "Administrative Per Se Order of Suspension" (DMV form
DS367, DS367m or DS367s (Officer's Statement and Order of Suspension), 4th page
on the driver regardless of license status.
(c) The officer will inform the driver that the "Administrative Per Se Order of
Suspension", form DS367, DS367m or DS367s along with his/her violator's "Notice
to Appear" (except "zero Tolerance") or other release from custody document will
serve as the driver's temporary license. If the driver's privilege to drive is suspended
or revoked, the order will not be a valid temporary license. If the subject presents an
APS suspension order/temporary license, do not confiscate the order and do issue
another order pursuant to the current DUI arrest.

525.4 DEPARTMENT OF MOTOR VEHICLES NOTIFICATION

The following specified items must be forwarded to the Department of Motor Vehicles within five
regular business days:
(a) Officer's Statement form DS367 or DS367m (minor) or DS367s (Spanish).
(b) Order of Suspension form DS367, DS367m or DS367s (pages 2 and 3).
(c) Copy of the printout of the breath test (if taken).
(d) Traffic collision report if applicable.
(e) The offender's California driver's license.

525.5 PROCESSING OF FORMS

In order to ensure that the DMV and Police Department forms are routed properly, the following
responsibilities are identified:

525.5.1 PSO AND RECORDS RESPONSIBILITY

The PSO and records technician are responsible for the following:
(a) Copies of documents required by DMV are to be made for the Department Files and
the originals are then to be forwarded to the Department of Motor Vehicles.
(b) Providing a copy of DMV form DS367, DS367m or DS367s to the Records Unit.
(c) One copy of the Forensic Alcohol Examination Report shall be attached to the second
copy of form DS367, which shall then be forwarded to the Records Unit.
If the Department of Motor Vehicles should return form DS367, DS367m or DS367s for corrections,
the PSO or records technician must notify the officer who made the arrest of the needed
corrections. The officer shall make the corrections by lining out the incorrect information with a
single line and initialing above the corrected area including the date the correction was made.
White out and strikeouts are not acceptable forms of correction. The form(s) shall then be returned
to the Records Unit to be returned to the DMV.

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525.5.2 PSO RESPONSIBILITY

It is the responsibility of the PSO to promptly deliver physiological specimens to the Ventura
County Sheriff Crime Laboratory as soon as possible after receipt to ensure that the above time
requirements are met.

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Chapter 6 - Investigation Operations

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602 Oxnard PD Policy Manual

Sexual Assault Investigations

602.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the investigation of sexual assaults. These
guidelines will address some of the unique aspects of such cases and the effects that these crimes
have on the victims.
Mandatory notifications requirements are addressed in the Child Abuse and Adult Abuse policies.

602.1.1 DEFINITIONS
Definitions related to this policy include:
Sexual assault - Any crime or attempted crime of a sexual nature, to include, but not limited to,
offenses defined in Penal Code § 243.4, Penal Code § 261 et seq., and Penal Code § 285 et seq.
Sexual Assault Response Team (SART) - A multidisciplinary team generally comprised of
advocates; law enforcement officers; forensic medical examiners, including sexual assault
forensic examiners (SAFEs) or sexual assault nurse examiners (SANEs) if possible; forensic
laboratory personnel; and prosecutors. The team is designed to coordinate a broad response to
sexual assault victims.

602.2 QUALIFIED INVESTIGATORS

Qualified investigators should be available for assignment of sexual assault investigations. These
investigators should:
(a) Have specialized training in, and be familiar with, interview techniques and the medical
and legal issues that are specific to sexual assault investigations.
(b) Conduct follow-up interviews and investigation.
(c) Present appropriate cases of alleged sexual assault to the prosecutor for review.
(d) Coordinate with other enforcement agencies, social service agencies and medical
personnel as needed.
(e) Provide referrals to therapy services, victim advocates and support for the victim.
(f) Follow the guidelines stipulated in the Ventura County Multi-Disciplinary Interview
Center Procedural Policy.

602.3 INVESTIGATION AND REPORTING

In all reported or suspected cases of sexual assault, a report shall be written and assigned for
follow-up investigation. This includes incidents in which the allegations appear unfounded or
unsubstantiated.

602.4 RELEASING INFORMATION TO THE PUBLIC

In cases where the perpetrator is not known to the victim, and especially if there are multiple crimes
where more than one appear to be related, consideration should be given to releasing information

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to the public whenever there is a reasonable likelihood that doing so may result in developing
helpful investigative leads. The Family Protection Unit Supervisor upervisor should weigh the risk
of alerting the suspect to the investigation with the need to protect the victim and the public, and
to prevent more crimes.

602.5 TRAINING
Subject to available resources, periodic training will be provided to:
(a) Members who are first responders. This includes, but is not limited to, the following
topics:
1. Initial response to sexual assaults
2. Legal issues
3. Victim advocacy
4. Victim’s response to trauma
(b) Qualified investigators who should receive advanced training on additional topics. This
includes, but is not limited to, the following:
1. Interviewing sexual assault victims
2. Sexual Assault Response Team (SART)
3. Medical and legal aspects of sexual assault investigations
4. Child Forensic Interviewing (CFIT)
5.

602.6 VICTIM INTERVIEWS

The primary considerations in sexual assault investigations, which begin with the initial call to
the Communications Center, should be the health and safety of the victim, the preservation of
evidence, and preliminary interviews to determine if a crime has been committed and to attempt
to identify the suspect.
Whenever possible, a member of SART should be included in the initial victim interviews.
An in-depth follow-up interview should not be conducted until after the medical and forensic
examinations are completed and the personal needs of the victim have been met (e.g., change
of clothes, bathing). The follow-up interview may be delayed to the following day based upon the
circumstances. Whenever practicable, the follow-up interview should be conducted by a qualified
investigator.
No opinion of whether the case is unfounded shall be included in the report.
Victims shall not be asked or required to take a polygraph examination (34 USC § 10451; Penal
Code § 637.4).
Victims should be apprised of applicable victim’s rights provisions, as outlined in the Victim and
Witness Assistance Policy.

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602.6.1 VICTIM RIGHTS

Whenever there is an alleged sexual assault, the assigned officer shall accomplish the following:
(a) Advise the victim in writing of the right to have a victim advocate and a support person
of the victim's choosing present at any interview or contact by law enforcement, any
other rights of a sexual assault victim pursuant to Penal Code § 680.2, and the right to
have a person of the same or opposite gender present in the room during any interview
with a law enforcement official unless no such person is reasonably available (Penal
Code § 679.04).
(b) If the victim is transported to a hospital for any medical evidentiary or physical
examination, the officer shall immediately cause the local rape victim counseling
center to be notified (Penal Code § 264.2).
1. The officer shall not discourage a victim from receiving a medical evidentiary or
physical examination (Penal Code § 679.04).
2. A support person may be excluded from the examination by the officer or the
medical provider if his/her presence would be detrimental to the purpose of the
examination (Penal Code § 264.2).

602.6.2 VICTIM CONFIDENTIALITY

Officers investigating or receiving a report of an alleged sex offense shall inform the victim, or the
victim’s parent or guardian if the victim is a minor, that his/her name will become a matter of public
record unless the victim requests that his/her name not be made public. The reporting officer shall
document in his/her report that the victim was properly informed and shall include any related
response made by the victim, or if a minor, any response made by the victim’s parent or guardian
(Penal Code § 293).
Except as authorized by law, members of this [department/office] shall not publicly disclose the
name of any victim of a sex crime who has exercised his/her right to confidentiality (Penal Code
§ 293).

602.7 COLLECTION AND TESTING OF BIOLOGICAL EVIDENCE

Whenever possible, a SART member should be involved in the collection of forensic evidence
from the victim.
When the facts of the case indicate that collection of biological evidence is warranted, it should
be collected regardless of how much time has elapsed since the reported assault.
If a drug-facilitated sexual assault is suspected, urine and blood samples should be collected from
the victim as soon as practicable.
Subject to requirements set forth in this policy, biological evidence from all sexual assault cases,
including cases where the suspect is known by the victim, should be submitted for testing.
Victims who choose not to assist with an investigation, do not desire that the matter be investigated
or wish to remain anonymous may still consent to the collection of evidence under their control.
In these circumstances, the evidence should be collected and stored appropriately.

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602.7.1 COLLECTION AND TESTING REQUIREMENTS

Members investigating a sexual assault offense should take every reasonable step to ensure
that DNA testing of such evidence is performed in a timely manner and within the time periods
prescribed by Penal Code § 803(g). Generally, rape kits should be submitted to the crime lab
within 20 days after being booked into evidence (Penal Code § 680).
In order to maximize the effectiveness of such testing and identify the perpetrator of any sexual
assault, the assigned officer shall ensure that an information profile for the sexual assault kit
evidence has been created in the California Department of Justice (DOJ) SAFE-T database within
120 days of collection and should further ensure that the results of any such test have been timely
entered into and checked against both the DOJ Cal-DNA database and the Combined DNA Index
System (CODIS) (Penal Code § 680.3).
If the assigned officer determines that a kit submitted to a private laboratory for analysis has not
been tested within 120 days after submission, the officer shall update the SAFE-T database to
reflect the reason for the delay in testing. The assigned officer shall continue to update the status
every 120 days thereafter until the evidence has been analyzed or the statute of limitations has
run (Penal Code § 680.3).
If, for any reason, DNA evidence in a sexual assault case in which the identity of the perpetrator
is in issue and is not going to be analyzed within 18 months of the crime, the assigned officer
shall notify the victim of such fact in writing no less than 60 days prior to the expiration of the 18-
month period (Penal Code § 680(d)).
Additional guidance regarding evidence retention and destruction is found in the Property and
Evidence Policy.

602.7.2 DNA TEST RESULTS

A SART member should be consulted regarding the best way to deliver biological testing results
to a victim so as to minimize victim trauma, especially in cases where there has been a significant
delay in getting biological testing results (e.g., delays in testing the evidence or delayed DNA
databank hits). Members should make reasonable efforts to assist the victim by providing available
information on local assistance programs and organizations as provided in the Victim and Witness
Assistance Policy.
(a) Upon receipt of a written request from a sexual assault victim or the victim’s authorized
designee, members investigating sexual assault cases shall inform the victim of the
status of the DNA testing of any evidence from the victim’s case (Penal Code § 680).
1. Although such information may be communicated orally, the assigned officer
should thereafter follow-up with and retain a copy of confirmation by either
written or electronic mail.
2. Absent a written request, no member of this [department/office] is required to, but
may, communicate with the victim or the victim’s authorized designee regarding
the status of any DNA testing.

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(b) Subject to the commitment of sufficient resources to respond to requests for

information, sexual assault victims shall further have the following rights (Penal Code
§ 680):
1. To be informed if a DNA profile of the assailant was obtained from the testing of
the rape kit or other crime scene evidence from their case.
2. To be informed if there is a match between the DNA profile of the assailant
developed from the evidence and a DNA profile contained in the DOJ Convicted
Offender DNA Database, providing that disclosure would not impede or
compromise an ongoing investigation.
3. To be informed if the DNA profile of the assailant developed from the evidence
has been entered into the DOJ Databank of case evidence.
(c) Provided that the sexual assault victim or the victim’s authorized designee has kept
the assigned officer informed with regard to current address, telephone number and
email address (if available), any victim or the victim’s authorized designee shall, upon
request, be advised of any known significant changes regarding the victim’s case
(Penal Code § 680).
1. Although such information may be communicated orally, the assigned officer
should thereafter follow-up with and retain a copy of confirmation by either
written or electronic mail.
2. No officer shall be required or expected to release any information which might
impede or compromise any ongoing investigation.

602.7.3 DESTRUCTION OF EVIDENCE

Any destruction of evidence related to a sexual assault shall occur only after victim notification is
made as required pursuant to Penal Code § 680 and only in compliance with the Property and
Evidence Policy.

602.8 DISPOSITION OF CASES

If the assigned investigator has reason to believe the case is without merit, the case may be
classified as unfounded only upon review and approval of the Family Protection Unit Sergeant..
Classification of a sexual assault case as unfounded requires the Family Protection Unit Sergeant
to determine that the facts have significant irregularities with reported information and that the
incident could not have happened as it was reported. When a victim has recanted his/her original
statement, there must be corroborating evidence that the allegations were false or baseless (i.e.,
no crime occurred) before the case should be determined as unfounded.

602.9 CASE REVIEW

The Family Protection Unit Sergeant should ensure case dispositions are reviewed on a periodic
basis, at least annually, using an identified group that is independent of the investigation process.
The reviews should include an analysis of:
• Case dispositions.

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• Decisions to collect biological evidence.

• Submissions of biological evidence for lab testing.
The SART and/or victim advocates should be considered for involvement in this audit. Summary
reports on these reviews should be forwarded through the chain of command to the Investigative
Services Bureau Commander.

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606 Oxnard PD Policy Manual

Asset Forfeiture
606.1 PURPOSE AND SCOPE
This policy describes the authority and procedure for the seizure, forfeiture and liquidation of
property associated with designated offenses.

606.2 POLICY
The Oxnard Police Department recognizes that appropriately applied forfeiture laws are helpful to
enforce the law, deter crime and reduce the economic incentive of crime. However, the potential
for revenue should never compromise the effective investigation of criminal offenses, officer safety
or any person’s due process rights.
It is the policy of the Oxnard Police Department that all members, including those assigned to
internal or external law enforcement task force operations, shall comply with all state and federal
laws pertaining to forfeiture.

606.3 ASSET FORFEITURE PROCEDURE

Before seizing any currency, vehicle or personal property pursuant to Health & Safety Code
§ 11470, a patrol officer should contact a narcotics detective. The following guidelines will be
observed:
(a) The seizing officer or the detective will serve all persons with Notice of Seizure
and Intended Forfeiture forms which includes an attached County of Origin Claim
form opposing forfeiture, and a forfeiture receipt. Disclaimers (English/Spanish) will
be completed on all persons disclaiming ownership of currency, vehicle or property
seized.
(b) When someone has made notification other than the asset forfeiture detective, a copy
of all reports and all applicable asset forfeiture paperwork must be forwarded to the
asset forfeiture detective in the Narcotics Unit, for review.
(c) Interview all persons involved concerning their possession of the seized assets,
financial situation, employment, income and other resources.
(d) Attempt to promptly determine all lien holders or all persons who may have a legal
interest in the seized currency, vehicle or property for further contact, investigation
and notification.
(e) The seizure of assets subject to forfeiture is a civil proceeding filed through the county
of origin, Office of the District Attorney Forfeiture Unit or Narcotic Enforcement Team.

606.3.1 PROPERTY SUBJECT TO SEIZURE

The following may be seized upon review and approval of a supervisor and in coordination with
the forfeiture reviewer:

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(a) Property subject to forfeiture authorized for seizure under the authority of a search
warrant or court order.
(b) Property subject to forfeiture not authorized for seizure under the authority of a search
warrant or court order when any of the following apply (Health and Safety Code §
11471; Health and Safety Code § 11488):
1. The property subject to forfeiture is legally seized incident to an arrest.
2. There is probable cause to believe that the property was used or is intended to
be used in a violation of the Uniform Controlled Substances Act and the seizing
officer can articulate a nexus between the property and the controlled substance
offense that would lead to the item being property subject for forfeiture.
Officers aware of assets that may be forfeitable as a result of criminal profiteering or human
trafficking should consider contacting the district attorney regarding a court order to protect the
assets (Penal Code § 186.6; Penal Code § 236.6).
Whenever practicable, a search warrant or court order for seizure prior to making a seizure is the
preferred method.
A large amount of money standing alone is insufficient to establish the probable cause required
to make a seizure.

606.3.2 PROPERTY NOT SUBJECT TO SEIZURE

The following property should not be seized for forfeiture:
(a) Cash and property that does not meet the forfeiture counsel’s current minimum
forfeiture thresholds should not be seized.
(b) Real property is not subject to seizure, absent exigent circumstances, without a court
order (Health and Safety Code § 11471).
(c) A vehicle which may be lawfully driven on the highway if there is a community property
interest in the vehicle by a person other than the suspect and the vehicle is the sole
vehicle available to the suspect’s immediate family (Health and Safety Code § 11470).
(d) Vehicles, boats or airplanes owned by an “innocent owner,” such as a common carrier
with no knowledge of the suspected offense (Health and Safety Code § 11490).
(e) Any property when the associated activity involves the possession of marijuana or
related paraphernalia that is permissible under the Control, Regulate and Tax Adult
Use of Marijuana Act (Health and Safety Code § 11362.1).

606.3.3 SEIZED VEHICLES

Vehicles seized subject to forfeiture will be taken to a designated secure storage facility. A
seized vehicle should not be impounded. The officer seizing the vehicle shall notify the detective
supervisor of the seizure of the vehicle and circumstances of the seizure as soon as possible.
If the vehicle cannot be driven, a tow truck will be used to tow the vehicle to the storage facility.

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Personal property located in a seized vehicle shall be removed and booked into Property as either
evidence or for safekeeping.

606.4 PROCESSING SEIZED PROPERTY FOR FORFEITURE PROCEEDINGS

When property or cash subject to this policy is seized, the officer making the seizure should ensure
compliance with the following:
(a) Complete applicable seizure forms and present the appropriate copy to the person
from whom the property is seized. If cash or property is seized from more than one
person, a separate copy must be provided to each person, specifying the items seized.
When property is seized and no one claims an interest in the property, the officer must
leave the copy in the place where the property was found, if it is reasonable to do so.
(b) Complete and submit a report and original seizure forms within 24 hours of the seizure,
if practicable.
(c) Forward the original seizure forms and related reports to the forfeiture reviewer within
two days of seizure.
The officer will book seized property as evidence with the notation in the comment section of
the property form, “Seized Subject to Forfeiture.” Property seized subject to forfeiture should be
booked on a separate property form. No other evidence from the case should be booked on this
form.
Photographs should be taken of items seized, particularly cash, jewelry and other valuable items.
Officers who suspect property may be subject to seizure but are not able to seize the property
(e.g., the property is located elsewhere, the whereabouts of the property is unknown, it is real
estate, bank accounts, non-tangible assets) should document and forward the information in the
appropriate report to the forfeiture reviewer.

606.4.1 ASSET FORFEITURE FILES

A file for each asset forfeiture case shall be kept in the Narcotics Unit and maintained by the asset
forfeiture detective. The files will be kept for a period of five years from the date that the case has
been closed, at which time they may be destroyed. The file shall include the following:
(a) Copy of the Notice of Non-Judicial Forfeiture.
(b) Copy of the Property Receipt.
(c) Copy of the Disclaimer forms (if applicable) .
(d) Copies of correspondence to and from the District Attorney's and the Department
Financial Services Manager.
(e) A cover sheet with an ongoing status of the case.

606.4.2 DUTIES OF THE ASSET FORFEITURE INVESTIGATOR

(a) Maintain the asset forfeiture log.

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(b) Maintain the asset forfeiture files.

(c) File all asset forfeiture cases with the District Attorney's Office in a timely manner.

606.5 MAINTAINING SEIZED PROPERTY

The Property Unit Supervisor is responsible for ensuring compliance with the following:
(a) All property received for forfeiture is reasonably secured and properly stored to prevent
waste and preserve its condition.
(b) All property received for forfeiture is checked to determine if the property has been
stolen.
(c) All property received for forfeiture is retained in the same manner as evidence until
forfeiture is finalized or the property is returned to the claimant or the person with an
ownership interest.
(d) Property received for forfeiture is not used unless the forfeiture action has been
completed.

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608 Oxnard PD Policy Manual

Informants
608.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the use of informants.

608.1.1 DEFINITION OF AN INFORMANT

An Informant is a person who, under the direction of a specific officer, furnishes information
or performs other lawful service for a law enforcement agency, generally with the expectation
of compensation or favor. A person who merely provides information on criminal actions or
suspicions, without expectation of gain or reward, may not be considered an informant. Individuals
who are routinely directed or requested to gather information should be documented as an
informant.

608.2 POLICY
The Oxnard Police Department recognizes the value of informants to law enforcement efforts
and will strive to protect the integrity of the informant process. It is the policy of this [department/
office] that all funds related to informant payments will be routinely audited and that payments to
informants will be made according to the criteria outlined in this policy.

608.3 USE OF INFORMANTS

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608.5

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610 Oxnard PD Policy Manual

Warrant Service and Residential Searches

610.1 PURPOSE AND SCOPE
This policy establishes guidelines for the planning and serving of arrest and search warrants, and
for conducting probation/parole searches of residences by members of this [department/office].
It is understood that this policy cannot address every variable or circumstance that can arise in
the service of a search or arrest warrant, as these tasks can involve rapidly evolving and unique
circumstances.
This policy is intended to be used in conjunction with the Operations Planning and Deconfliction
Policy, which has additional guidance on planning and serving high-risk warrants.
This policy is not intended to address the service of search warrants on locations or property
already secured or routine field warrant arrests by patrol officers.

610.2 POLICY
It is the policy of the Oxnard Police Department to balance the safety needs of the public, the
safety of [department/office] members, privacy interests and other relevant factors when making
decisions related to the service of search and arrest warrants.

610.3 DIVISION COMMANDER

The Division Commander (see the Operations Planning and Deconfliction Policy) shall review all
risk assessment forms with their involved supervisor to determine the risk level of the warrant
service.
The Special Operations Commander will have the responsibility to coordinate service of those
warrants that are categorized as high risk or highest risk.
Deconfliction, risk assessment, operational planning, briefing and debriefing should follow
guidelines in the Operations Planning and Deconfliction Policy.

610.4 SEARCH WARRANTS

Officers should receive authorization from a supervisor before preparing a search warrant
application. Once authorization is received, the officer will prepare the affidavit and search
warrant, consulting with the applicable prosecuting attorney as needed. He/she will also complete
the search warrant checklist and submit it, along with the warrant affidavit, to the appropriate
supervisor for review and classification of risk (see the Operations Planning and Deconfliction
Policy).

610.4.1 WARRANT PREPARATION

An officer who prepares a warrant should ensure the documentation in support of the warrant
contains the following, as applicable:

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(a) Probable cause to support the search or arrest, including relevant dates and times
to demonstrate timeliness and facts to support any request for nighttime warrant
execution.
(b) A clear explanation of the affiant’s training, experience and relevant education.
(c) Adequately supported opinions, when relevant, that are not left to unsubstantiated
conclusions.
(d) A nexus between the place to be searched and the persons or items central to
the investigation. The facts supporting this nexus should be clear and current. For
example, the affidavit shall explain why there is probable cause to believe that a
particular person is currently residing at a particular location or that the items sought
are present at a particular location.
(e) Full disclosure of known or suspected residents at the involved location and any
indication of separate living spaces at the involved location. For example, it should be
disclosed that several people may be renting bedrooms at a single location, even if
the exact location of the rooms is not known.
(f) A specific description of the location to be searched, including photographs of the
location, if reasonably available.
(g) A sufficient description of the items to be seized.
(h) Full disclosure of any known exculpatory information relevant to the warrant
application.

610.4.2 OUTSIDE AGENCIES AND CROSS-JURISDICTIONAL WARRANTS

The Division Commander will ensure that cooperative efforts with other agencies in the service
of warrants conform to existing mutual aid agreements or other memorandums of understanding
and will work cooperatively to mitigate risks including, but not limited to, the following:
a. Identity of team members
b. Roles and responsibilities
c. Familiarity with equipment
d. Rules of engagement
e. Asset forfeiture procedures
Any outside agency requesting assistance in the service of a warrant within this jurisdiction should
be referred to the appropriate Division Commander. The Division Commander should review
and confirm the warrant, including the warrant location, and should discuss the service with
the appropriate supervisor from the other agency. The Division Commander should ensure that
members of the Oxnard Police Department are utilized appropriately. Any concerns regarding
the requested use of Oxnard Police Department members should be brought to the attention of
the Chief of Police or the authorized designee. The actual service of the warrant will remain the
responsibility of the agency requesting assistance.
If the Division Commander is unavailable, the Watch Commander should assume this role.

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If officers intend to serve a warrant outside Oxnard Police Department jurisdiction, the appropriate
Division Commander should provide reasonable advance notice to the applicable agency, request
assistance as needed and work cooperatively on operational planning and the mitigation of risks
detailed in this policy.
Officers will remain subject to the policies of the Oxnard Police Department when assisting outside
agencies or serving a warrant outside Oxnard Police Department jurisdiction.

610.5.1 SUPERVISOR RESPONSIBILITY

The supervisor responsible for directing the service of the search warrant should ensure the
following as applicable:
a. When practicable and when doing so does not cause unreasonable risk, video or photographic
documentation is made of the condition of the location prior to execution of a search warrant. The
images should include the surrounding area and persons present.
b. The warrant service is audio recorded when practicable and reasonable to do so.
c. Evidence is handled and collected only by those members who are designated to do so. All
other members involved in the service of the warrant should alert one of the designated members
to the presence of potential evidence and not touch or disturb the items unless directed to do so.
d. Reasonable efforts are made during the search to maintain or restore the condition of the
location.

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e. Persons who are detained as part of the warrant service are handled appropriately under the
circumstances.
f. Reasonable care provisions are made for children and dependent adults.
g. A list is made of all items seized and a copy provided to the person in charge of the premises
if present or otherwise left in a conspicuous place.
h. A copy of the search warrant "Notice of Service" and property receipt is left at the location.
i. The condition of the property is documented with video recording or photographs after the
search.
j. Every attempt will be made to secure a searched location, if left unoccupied, upon police
departure.
k. Any requests for reimbursement for damage caused by department personnel should be
referred to the City Clerk's Office.
l. In the event a search warrant or probation/parole search is executed at the wrong location,
the supervising officer on scene will make immediate notifications to their division commander.
The division commander will immediately contact the Professional Standards Commander and
the Duty Chief.

610.5.2 DETENTIONS DURING WARRANT SERVICE

Officers must be sensitive to the safety risks of all persons involved with the service of a warrant.
Depending on circumstances and facts present, it may be appropriate to control movements of
any or all persons present at a warrant service, including those who may not be the subject of a
warrant or suspected in the case. However, officers must be mindful that only reasonable force
may be used and weapons should be displayed no longer than the officer reasonably believes is
necessary (see the Use of Force Policy).
As soon as it can be determined that an individual is not subject to the scope of a warrant and that
no further reasonable suspicion or safety concerns exist to justify further detention, the person
should be promptly released.
Officers should, when and to the extent reasonable, accommodate the privacy and personal needs
of people who have been detained.

610.5.3 ACTIONS AFTER WARRANT SERVICE

The supervisor shall ensure that all affidavits, warrants, receipts and returns, regardless of any
associated cases, are filed with the issuing judge or magistrate as soon as reasonably possible,
but in any event no later than any date specified on the warrant.

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610.6 HIGH-RISK WARRANT SERVICE

The Special Operations Commander or the authorized designee shall coordinate the service
of warrants that are categorized as high risk or highest risk and shall have sole authority in
determining the manner in which the warrant will be served, including the number of officers
deployed.

610.7 ARREST WARRANTS

In the event of a pre-planned service of an arrest warrant, where forced entry is anticipated and
should be reasonably expected, the officer shall complete the search warrant checklist and submit
it to the appropriate supervisor and the Division Commander for review and classification of risk
(see the Operations Planning and Deconfliction Policy).
If the warrant is classified as high risk, service will be coordinated by the Special Operations
Commander or designee. If the warrant is not classified as high risk, the supervisor should weigh
the risk of entry into a residence to make an arrest against other alternatives, such as arresting
the person outside the residence where circumstances may pose a lower risk.

610.8 PROBATION AND PAROLE SEARCHES

a. When a planned probation/parole search is conducted at a residence or a business, the officer
in charge will provide the information to communications to be entered into CAD. This will include
not only the location, but also the probationer's name.
b. Prior to conducting a probation/parole search, the officer shall conduct a location search of
CAD to determine not only any elevated risks that may be indicated by prior police contact, but
also when the last probation search was conducted. If the check reveals a recent probation/parole
search that the officer is unaware of, the officer will make every reasonable effort to contact the
previous officer to ascertain the circumstances and to determine if another search is in order.
c. Prior to conducting such a search, the officer shall conduct an in-custody check to ascertain if
the probationer/parolee is in custody. The in-custody check will include County Jail, Juvenile Hall,
Sate Corrections and the California Youth Authority.
d. The "Search Warrant Checklist" will be used as a guide to assist the officer in preparing to
conduct a probation/parole search. Should any of the high-risk criteria exist, the officer shall
contact his/her supervisor before proceeding further. Absent high-risk criteria, the checklist need
not be completed and filed.

610.9 MEDIA ACCESS

No advance information regarding warrant service operations or probation searches shall be
released without the approval of the Chief of Police. Any media inquiries or press release after
the fact shall be handled in accordance with the News Media Relations Policy.

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610.10 TRAINING
The Unit Supervisor or designeeshould ensure officers receive periodic training on this policy and
associated topics, such as legal issues, warrant preparation, warrant service, probation/parole
searches and reporting requirements.

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611 Oxnard PD Policy Manual

Operations Planning and Deconfliction

611.1 PURPOSE AND SCOPE
This policy provides guidelines for planning, deconfliction and execution of search warrants..
Additional guidance on planning and serving search warrants is provided in the Warrant Service
and Residential Searches Policy.

611.2 BACKGROUND
Tactical operations are defined as the development and execution of any plan, including the
service of search warrants and high risk warrants. These warrants may require the use of multiple
resources to accomplish a specific mission while minimizing confrontation risk and preserving
the safety of law enforcement personnel and the public. When planning a tactical operation, the
paramount concern will always be for the safety of the public, law enforcement personnel, and to
the greatest extent possible, the protection of property.
Primary reasons for having a tactical operation plan are:
a. Provide a permanent and retrievable record of all pertinent information regarding an operation.
b. Ensure against the inadvertent omission of necessary information.
c. Provide uniformity in operations plan preparation.
d. Provide an orderly, uniform, and comprehensive statement of all the important aspects of an
operation.
e. Provide a strategy for both planned an unplanned occurrences.
f. Ensure the availability of adequate numbers of personnel and equipment.
g. Define the duties of all concerned personnel.
h. Ensure the dissemination of the same information to all concerned personnel.
i. Provide a means for management's review and analysis of an operation.
j. Assist in the preparation of future tactical operations.

611.3 DEFINITIONS
Definitions related to this policy include:
Lower Risk- A search warrant that may be served by one or two investigators and/or patrol
personnel; does not require a tactical team.
Moderate Risk- A search warrant that may be served at the unit level.
High Risk- A search warrant that will be served by SWAT.

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Highest Risk- A search warrant that will be served by SWAT.

611.4 METHOD
In order to maximize the departmental resources that are available for the service of warrants and
to minimize risk to involved officers, the following protocol is established. It will be followed as
closely as possible. It is understood that there are certain situations where developments occur
in the field unexpectedly, and exigencies or unusual circumstances may make some of these
provisions impractical. While such exigencies may be cause to forego a step or two in this protocol,
it does not relieve the officer and supervisor from the responsibility that accompanies the warrant
service. Officers need to be mindful of the purpose of this protocol and shall make every attempt
to comply with the intent of its provisions.
Officers assigned to a multi-jurisdictional task-force or enforcement team will follow the
procedures, protocol, and Memorandum of Understanding of the task-force.

611.4.1 SEARCH WARRANT CHECKLIST

The use of the "Search Warrant Checklist" is mandatory for the service of all search warrants.
The purpose of the checklist is to ensure that all search warrant service operations have been
thoroughly prepared and to determine the risk level prior to service.
a. The officer/s or investigator/s completing the "Search Warrant Checklist" will ensure he/she is
using the most current version. The current version of the checklist may be found on the Oxnard
Police Department's Intranet located in the "templates" section. He/She shall attach and/or provide
all supporting documentation and photographs relative to the checklist, which can be readily
available for review by the supervising sergeant and/or commander.
b. The supervising sergeant shall review all supporting documentation and photographs relative to
the checklist. Although every function on the checklist need not be performed, the sergeant will be
responsible for ensuring that all boxes are marked either "yes" or "no." The approving supervisor
will sign and date the checklist indicating that he/she has reviewed it.
Exceptions: There will be no need to complete a search warrant checklist where no entry into a
physical location will occur. These are situations where there is no known risk. They include but
are not limited to, bank records, business records, phone records, buccal samples, blood samples,
vehicles, and secured crime scenes.

611.4.2 OPERATIONS PLAN PREPARATION

(a) All tactical operations involving the service of search warrants shall have a written operations
plan. This plan and respective checklists shall be retained for five (5) years from the date of its
execution. The unit serving the warrant will maintain it.
(b) The department's operations plan format is designed to accommodate a broad range of
anticipated situations, while at the same time maintaining a systematic approach to planning and
documentation. The use of this format will ensure consistency and uniformity in the planning

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and documentation of information pertaining to tactical operations. To the extent possible, it is

preferable for operations plans to be computer generated to simplify editing, correcting, and
storage of materials, including the back up files/disk/s. A copy of the format is posted in the
template public folder on the Department network. Specialized units may use their own operations
plan format if it contains all of the information fields contained in the attached departmental format.
(c) All operations plans will have attached a diagram of the location including the nearest cross
street, and when available will include the floor plan.
(d) The supervising sergeant of the investigating unit preparing the operations plan shall be
responsible for reviewing the operations plan for content and correctness. The respective
supervising sergeant or his/her commander will approve and sign the operations plan prior to
its service. If SWAT personnel prepare the operations plan, a SWAT Sergeant and the Special
Operations Commander, pursuant to their protocol, will review it.
(e) In situations where department personnel are assisting another agency by handling the service
of the search warrant for that agency, department personnel shall prepare all of the appropriate
documentation, including an operations plan and checklist for every location served by department
personnel. This shall include serving a search warrant for another agency at a location outside of
the Oxnard Police Department's jurisdiction.

611.4.3 OPERATIONS PLAN RETENTION

Since the operation plan contains intelligence information and descriptions of law enforcement
tactics, it shall not be filed with the report. The operations plan shall be stored separately and
retained in accordance with the established records retention schedule.

611.4.4

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611.4.5 SEARCH WARRANT CHECKLIST

Officers will present the search warrant checklist and other relevant documents (such as copies
of search warrants and affidavits and arrest warrants) to their supervisor and the Division
Commander.

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The supervisor and Division Commander shall confer and determine the level of risk. Supervisors
should take reasonable actions if there is a change in circumstances that elevates the risks
associated with the operation.

611.5 DECONFLICTION
Deconfliction systems are designed to identify persons and locations associated with
investigations or law enforcement operations and alert participating agencies when others are
planning or conducting operations in close proximity or time or are investigating the same
individuals, groups or locations.
The officer who is the operations lead shall ensure the subject of investigation and operations
information have been entered in an applicable deconfliction system to determine if there is
reported conflicting activity. This should occur as early in the process as practicable, but no later
than two hours prior to the commencement of the operation. The officer should also enter relevant
updated information when it is received.
If any conflict is discovered, the supervisor will contact the involved jurisdiction and resolve the
potential conflict before proceeding.

611.6 SERVICE OF HIGHEST-RISK AND HIGH RISK OPERATIONS

a. SWAT will be used in all situations deemed "Highest Risk" or "High Risk" based on the criteria
set forth in the "High Risk Criteria" section of the Search Warrant Checklist. All units that serve
warrants shall utilize the Search Warrant Checklist to prepare their search warrants to determine
if SWAT personnel will be used to serve the warrant/s.
b. The items listed as 5 through 12 in the "High Risk Criteria" section of the checklist shall be used
to determine "High Risk" warrant services.

611.6.1 SERVICE OF LOWER RISK AND MODERATE RISK SEARCH WARRANTS

a. A sergeant shall be required to be present during the service of all search warrants except "Low
Risk" warrants.
b. The service of some search warrants represent minimal risk. Search warrants involving bank
or business records, impounded vehicles, on scene homicide investigations, etc., represent little
danger to personnel with minimal exposure to civil liability. In these cases, tactical operation plans
are not required.
c. Investigators and their supervisor wishing to classify a search warrant service as "Low Risk"
must obtain the concurrence of their commander, or designee, who shall acknowledge by initialing
the appropriate section of the Search Warrant Checklist. The decision to use or not use liability
reducing tools, such as operation plans, on "Low Risk" warrants is the responsibility of the
investigating unit's supervising sergeant and/or commander and should be critically evaluated.

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d. Regardless of the risk factors, a Search Warrant Checklist must be completed before the service
of any "Low Risk" search warrant.

611.7 OPERATIONS BRIEFING

A briefing should be held prior to the commencement of any high-risk operation to allow
all participants to understand the operation, see and identify each other, identify roles and
responsibilities and ask questions or seek clarification as needed. Anyone who is not present at
the briefing should not respond to the operation location without specific supervisory approval.
(a) The briefing should include a verbal review of plan elements, using visual aids, to
enhance the participants’ understanding of the operations plan.
(b) All participants should be provided a copy of the operations plan and search warrant, if
applicable. Participating personnel should be directed to read the search warrant and
initial a copy that is retained with the operation plan. Any items to be seized should
be identified at the briefing.
(c) The operations director shall ensure that all participants are visually identifiable as law
enforcement officers.
1. Exceptions may be made by the operations director for officers who are
conducting surveillance or working under cover. However, those members
exempt from visual identification should be able to transition to a visible law
enforcement indicator at the time of enforcement actions, such as entries or
arrests, if necessary.
(d) The briefing should include details of the communications plan.
1. It is the responsibility of the operations director to ensure that the
Communications Center is notified of the time and location of the operation, and
to provide a copy of the operation plan prior to officers arriving at the location.
2. If the radio channel needs to be monitored by the Communications Center,
the dispatcher assigned to monitor the operation should attend the briefing, if
practicable, but at a minimum should receive a copy of the operation plan.
3. The briefing should include a communications check to ensure that all
participants are able to communicate with the available equipment on the
designated radio channel.

611.8 OPERATIONS DEBRIEFING

High-risk operations should be debriefed as soon as reasonably practicable. The debriefing should
include as many participants as possible.

611.9 MEDIA ACCESS

No advance information regarding planned operations shall be released without the approval
of the Chief of Police. Any media inquiries or press release after the fact shall be handled in
accordance with the News Media Relations Policy.

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611.10 TRAINING
TheUnit supervisor or designee should ensure officerss who participate in operations subject to
this policy should receive periodic training including, but not limited to, topics such as legal issues,
deconfliction practices, operations planning concepts and reporting requirements.

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Chapter 7 - Equipment

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 Policy Oxnard Police Department
700 Oxnard PD Policy Manual

Department Owned and Personal Property

700.1 PURPOSE AND SCOPE
Department employees are expected to properly care for department property assigned or
entrusted to them. Employees may also suffer occasional loss or damage to personal or
department property while performing his/her assigned duty. Certain procedures are required
depending on the loss and ownership of the item.

700.2 CARE OF DEPARTMENTAL PROPERTY

Employees shall be responsible for the safekeeping, serviceable condition, proper care, use and
replacement of department property assigned or entrusted to them. An employee's intentional or
negligent abuse or misuse of department property may lead to discipline including, but not limited
to the cost of repair or replacement.
(a) Employees shall promptly report through his/her chain of command, any loss, damage
to, or unserviceable condition of any department issued property or equipment
assigned for his/her use.
(b) The use of damaged or unserviceable department property should be discontinued
as soon as practical and replaced with comparable Department property as soon as
available and following notice to a supervisor.
(c) Except when otherwise directed by competent authority or required by exigent
circumstances, department property shall only be used by those to whom it was
assigned. Use should be limited to official purposes and in the capacity for which it
was designed.
(d) Department property shall not be thrown away, sold, traded, donated, destroyed, or
otherwise disposed of without proper authority.
(e) In the event that any department property becomes damaged or unserviceable, no
employee shall attempt to repair the property without prior approval of a supervisor.

700.3 FILING CLAIMS FOR PERSONAL PROPERTY

Claims for reimbursement for damage or loss of personal property must be made on the "Claims
for Damages" form located in the Admin section of Public Folders on the Intranet. This form is
submitted to the employee's immediate supervisor. The supervisor may require a separate written
report of the loss or damage.
The supervisor shall direct a memo to the appropriate Bureau Chief, which shall include the results
of his/her investigation and whether the employee followed proper procedures. The supervisor's
memo shall address whether reasonable care was taken to prevent the loss or damage.

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Upon review by the appropriate Bureau Chief, and a finding that no misconduct or negligence
was involved, repair or replacement may be recommended by the Chief of Police who will then
forward the claim to the City Clerk's office.
The Department will not replace or repair luxurious or overly expensive items (jewelry, exotic
equipment, etc.) that are not reasonably required as a part of work.

700.3.1 REPORTING REQUIREMENT

A verbal report shall be made to the employee's immediate supervisor as soon as circumstances
permit.
A written report shall be submitted before the employee goes off duty or within the time frame
directed by the supervisor to whom the verbal report is made.

700.4 LOSS OR DAMAGE OF PROPERTY OF ANOTHER

Officers and other employees intentionally or unintentionally may cause damage to the real or
personal property of another while performing their duties. Any employee who damages or causes
to be damaged any real or personal property of another while performing any law enforcement
functions, regardless of jurisdiction, shall report it as provided below.
(a) A verbal report shall be made to the employee's immediate supervisor as soon as
circumstances permit.
(b) A written report shall be submitted before the employee goes off duty or within the
time frame directed by the supervisor to whom the verbal report is made.

700.4.1 DAMAGE BY PERSON OF ANOTHER AGENCY

If employees of another jurisdiction cause damage to real or personal property belonging to the
City, it shall be the responsibility of the employee present or the employee responsible for the
property to make a verbal report to his/her immediate supervisor as soon as circumstances permit.
The employee shall submit a written report before going off duty or as otherwise directed by the
supervisor.
These written reports, accompanied by the supervisor's written report, shall promptly be forwarded
to the appropriate Bureau Chief.

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 Policy Oxnard Police Department
702 Oxnard PD Policy Manual

Personal Communication Devices

702.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the use of mobile telephones and
communication devices, whether issued or funded by the Department or personally owned, while
on-duty or when used for authorized work-related purposes.
This policy generically refers to all such devices as Personal Communication Devices (PCDs) but
is intended to include all mobile telephones, personal digital assistants (PDAs), wireless capable
tablets and similar wireless two-way communications and/or portable Internet access devices.
PCD use includes, but is not limited to, placing and receiving calls, text messaging, blogging and
microblogging, emailing, using video or camera features, playing games and accessing sites or
services on the Internet.

702.2 DEPARTMENT ISSUED PERSONAL COMMUNICATIONS DEVICES

Depending on a member's assignment and needs of the position, the Department may, at its
discreteion, issue a PCD. Such device shall remain the sole property of the Department and shall
be subject to inspection or monitoring (including related records) at any time. Personnel shall
carry these Department issued PCDs while on-duty.

702.2.1 INDIVIDUALLY OWNED PERSONAL COMMUNICATION DEVICES

Employees may carry his/her own individually owned PCD while on-duty subject to the following
conditions:

(a) Carrying an individually owned personal communication device is optional.

(b) The device shall be purchased, used and maintained at the employee's expense.
Members are advised and cautioned that the use of a personally owned PCD either on-duty or
after duty hours for business-related purposes may subject the member and the member's PCD
records to civil and criminal discovery or disclosure under applicable public records laws.

702.2.2 USE OF PERSONAL COMMUNICATION DEVICES

When the use of a PCD is necessary for department business, personnel shall use his/her
department issued PCD.
(a) Extended or frequent use of department issued PCD's, for personal use, may subject
employees to discipline.
(b) Extended or frequent use of personally owned PCD's, while on-duty, for personal use
may subject employees to discipline.
(c) Personal phone calls should be conducted in a brief and infrequent manner that will
not diminish or impact the effectiveness of assigned duties.

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702.2.3 USE WHILE DRIVING

The use of a PCD while driving can cause unnecessary distractions and presents a negative image
to the public. Employees who are operating non-emergency vehicles shall not use cellular phones
or other personal communication devices while driving unless that device is specifically designed
and configured to allow hands-free listening and talking, and is used in that manner while driving
(Vehicle Code § 23123 (a)).
While Vehicle Code § 23123 does not apply to an officer operating an emergency vehicle in the
course and scope of his or her duties, the instances in which an officer uses a PCD without a
hands-free configuration shall be restricted to matters of an urgent nature and, where practical,
the officer should stop the vehicle at an appropriate location to complete his/her call.
Personnel shall not read, or send, text messages or emails while driving.

702.2.4 USE OF PCD FOR COMMUNICATIONS CENTER REQUESTS

All phone conversations and employee requests of the Public Safety Dispatchers shall be
made through published and recorded Communications Center phone lines. There will be no
use of Public Safety Dispatchers PCD's (cell phones) for professional interactions including
but not limited to advising unit locations, CLETS requests or information exchange related to
Communications Center operations. Information that needs to be relayed to the Communications
Center can not be made via PCD in the form of phone conversations and/or text messages.

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704 Oxnard PD Policy Manual

Vehicle Maintenance
704.1 PURPOSE AND SCOPE
Employees are responsible for assisting in maintaining Department vehicles so that they are
properly equipped, properly maintained, properly refueled and present a clean appearance.

704.2 DEFECTIVE VEHICLES

When a department vehicle becomes inoperative or in need of repair that affects the safety
of the vehicle, that vehicle shall be removed from service for repair. Proper documentation
shall be promptly completed by the employee who first becomes aware of the defective
condition, describing the correction needed. The paperwork shall be promptly forwarded to vehicle
maintenance for repair.

704.2.1 DAMAGE OR POOR PERFORMANCE

Vehicles that may have been damaged, or perform poorly shall be removed from service for
inspections and repairs as soon as practicable.

704.2.2 SEVERE USE

Vehicles operated under severe-use conditions, which include operations for which the vehicle
is not designed or that exceed the manufacturer’s parameters, should be removed from service
and subjected to a safety inspection as soon as practicable. Such conditions may include rough
roadway or off-road driving, hard or extended braking, pursuits or prolonged high-speed operation.

704.2.3 REMOVAL OF WEAPONS

All firearms, weapons and control devices shall be removed from a vehicle and properly secured
in the department armory prior to the vehicle being released for maintenance, service or repair.

704.3 VEHICLE EQUIPMENT

Certain items shall be maintained in all department vehicles for emergency purposes and to
perform routine duties.

704.3.1 PATROL VEHICLES

Officers shall inspect the patrol vehicle at the beginning of the shift and ensure that the following
equipment, at a minimum, is present in the vehicle:

• 2 Sticks yellow crayon or chalk

• 1 Roll Crime Scene Barricade Tape
• 5 Traffic cones
• 1 Blanket
• 1 Blood-borne pathogen kit, Incl. protective gloves

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• 1 Sharps container
• 1 Hazardous waste disposal bag
• 1 Hazardous Materials Emergency Response Handbook
• 1 Fire extinguisher
• 1 Bottled water

704.3.2 UNMARKED VEHICLES

An employee driving unmarked department vehicles shall ensure that the minimum following
equipment is present in the vehicle:

• 1 Roll Crime Scene Barricade Tape

• 1 Blanket
• 1 Blood-borne pathogen kit, Incl. protective gloves
• 1 Hazardous Materials Emergency Response Handbook
• 1 Fire extinguisher

704.4 VEHICLE REFUELING

Absent emergency conditions or supervisor approval, officers driving patrol vehicles shall not place
a vehicle in service that has less than one-quarter tank of fuel. Vehicles shall only be refueled at
the authorized location.

704.5 WASHING OF VEHICLES

All units shall be kept clean at all times and weather conditions permitting, shall be washed as
necessary to enhance their appearance.
Police units are generally washed once a week, through a contracted car wash service. This may
vary based on weather conditions or budget constraints.
In the event a police unit needs to be washed outside of the designated car wash day, the
officer shall obtain clearance from his/her immediate supervisor or the Watch Commander before
responding to the local car wash.
Employees using a vehicle shall remove any trash or debris at the end of their shift. Confidential
material should be placed in a designated receptacle provided for the shredding of this matter.

704.6 CIVILIAN EMPLOYEE USE

Civilian employees using marked vehicles shall ensure all weapons are removed from vehicles
before going into service. Civilian employees shall also prominently display the “out of service”
placards or lightbar covers at all times. Civilian employees shall not operate the emergency lights
or siren of any vehicle unless expressly authorized by a supervisor.

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707 Oxnard PD Policy Manual

Cash Handling, Security and Management

707.1 PURPOSE AND SCOPE
This policy provides guidelines to ensure [department/office] members handle cash appropriately
in the performance of their duties.
This policy does not address cash-handling issues specific to the Property and Evidence and
Informants policies.

707.2 POLICY
It is the policy of the Oxnard Police Department to properly handle and document cash
transactions and to maintain accurate records of cash transactions in order to protect the integrity
of [department/office] operations and ensure the public trust.

707.3 PETTY CASH FUNDS

The Chief of Police shall designate a person as the fund manager responsible for maintaining and
managing the petty cash fund.
Each petty cash fund requires the creation and maintenance of an accurate and current transaction
ledger and the filing of invoices, receipts, cash transfer forms and expense reports by the fund
manager.

707.4 PETTY CASH TRANSACTIONS

The fund manager shall document all transactions on the ledger and any other appropriate forms.
Each person participating in the transaction shall sign or otherwise validate the ledger, attesting to
the accuracy of the entry. Transactions should include the filing of an appropriate receipt, invoice
or cash transfer form. Transactions that are not documented by a receipt, invoice or cash transfer
form require an expense report.

707.5 PETTY CASH AUDITS

The fund manager shall perform an audit no less than once every six months. This audit requires
that the fund manager and at least one command staff member, selected by the Chief of Police,
review the transaction ledger and verify the accuracy of the accounting. The fund manager and
the participating member shall sign or otherwise validate the ledger attesting to the accuracy of all
documentation and fund accounting. A discrepancy in the audit requires documentation by those
performing the audit and an immediate reporting of the discrepancy to the Chief of Police.
Transference of fund management to another member shall require a separate petty cash audit
and involve a command staff member.
A separate audit of each petty cash fund should be completed on a random date, approximately
once each year by the Chief of Police or the City.

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Cash Handling, Security and Management

707.6 ROUTINE CASH HANDLING

Those who handle cash as part of their property or Narcotics Unit supervisor duties shall discharge
those duties in accordance with the Property and Evidence and Informants policies.
Members who routinely accept payment for [department/office] services shall discharge those
duties in accordance with the procedures established for those tasks.

707.7 OTHER CASH HANDLING

Members of the [Department/Office] who, within the course of their duties, are in possession of
cash that is not their property or that is outside their defined cash-handling responsibilities shall,
as soon as practicable, verify the amount, summon another member to verify their accounting,
and process the cash for safekeeping or as evidence or found property, in accordance with the
Property and Evidence Policy.
Cash in excess of $1,000 requires immediate notification of a supervisor, special handling,
verification and accounting by the supervisor. Each member involved in this process shall
complete an appropriate report or record entry.

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Chapter 8 - Support Services

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802 Oxnard PD Policy Manual

Emergency Communications Center

802.1 PURPOSE AND SCOPE
This policy establishes guidelines for the basic functions of the Emergency Communications
Center (ECC) . It addresses the immediate information needs of the Department in the course of
its normal daily activities and during emergencies.

802.2 POLICY
It is the policy of the Oxnard Police Department to provide 24-hour telephone service to the public
for information and for routine or emergency assistance. The Oxnard Police Department's ECC
functions as the City of Oxnard's Public Safety Answering Point (PSAP). The ECC provides two-
way radio capability providing continuous communication between the ECC and the Departments
personnel in the field.

802.3 OPERATIONAL GUIDELINES

The operational guidelines, policies and procedures for the ECC have been consolidated in the
manuals listed below. These manuals provide a detailed description of the ECC's operation. Each
Public Safety Dispatcher ("PSD") is responsible for knowing and complying with the guidelines
outlined in these manuals.

(a) Emergency Communications Center Operations Manual.

(b) Emergency Communications Center Training Manual.

802.4 SUPERVISION
(a) Public Safety Communications Manager
1. Responsible for the direct management and operation of the ECC.
2. Provides guidance and direction to all personnel assigned to the ECC.
(b) Communications Supervisor (Public Safety Dispatcher III)
1. Responsible for providing continuous and direct supervision of operations and
personnel in the ECC.
2. Responsible for having thorough knowledge and proficiency of all operating
systems and information systems in the ECC.
3. Ensure compliance of all established policies and procedures.
4. Responsible for completing performance evaluations of those personnel which
are supervised by respective PSD III's.
(c) Communications Training Ofiicer (CTO)

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1. Responsible for providing direct supervision and training of assigned

probationary ECC personnel.
2. In the absence of a Communications Supervisor, the most senior CTO on duty
shall be viewed as the ranking PSD in charge of the ECC.

802.5 RESPONSIBILITIES

802.5.1 PUBLIC SAFETY COMMUNICATIONS MANAGER

The Chief of Police shall appoint and delegate certain responsibilities to the Public Safety
Communications Manager. The Public Safety Communications Manager reports directly to a
Bureau Chief or an authorized designee.
The responsibilities of the Public Safety Communications Manager include, but are not limited to:
(a) Overseeing the efficient and effective operation of the ECC in coordination with
assigned supervisors.
(b) Coordinate the emergency and non-emergency communications network.
(c) Oversee capital improvement plans, as well as the installation/maintenance of new
9-1-1 and radio communications equipment.
(d) Perform strategic planning for short and long term objectives.
(e) Develop and coordinate the implementation of policies and procedures; evaluate the
need for changes in work procedures resulting from new laws and regulations.
(f) Research, develop, and maintain contingency plans for handling critical incidents and
ensure subordinates are properly trained.
(g) Assist in the preperation of the communications center budget and expenses to
efficiently utilize available resources.
(h) Manage and coordinate various statistical systems, State 911 system, and ensure
accuracy in reporting for State grant funding and other departmental uses.
(i) Perform special projects or studies as assigned.
(j) Represent the Police Department at communication related meetings.
(k) Maintain dispatcher time, attendance and scheduling records.
(l) Supervise, train, and evaluate personnel assigned to the ECC.
(m) Ensure radio and telephone recording systems are operational.
1. Maintain recordings and other documents in accordance with established
records retention schedule(s) and as required by law.
(n) Process requests for copies of ECC information for release.
(o) Maintain ECC database systems and their effecient operations.
(p) Ensure ECC personnel comply with established polices and procedures.
(q) Maintain and update the ECC procedures manuals.

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(r) Handle internal and external inquiries regarding services provided.

(s) Accept personnel complaints in accordance with Department Policy and applicable
laws.
(t) Ensure thorough and proper investigation of citizen or administrative complaints
directly involving ECC personnel, and provide findings and recommendations to the
assigned Bureau Chief.
(u) Maintaining a current contact list of City personnel, to be notified in the event of a utility
service emergency.

802.5.2 ADDITIONAL PROCEDURES

The Communications Manager shall establish and maintain contemporary procedures for:
(a) Recording all telephone and radio communications and playback issues.
(b) Storage and retention of recordings.
(c) Security of audio recordings (e.g., passwords, limited access, authorized reviewers,
preservation of recordings past normal retention standards).
(d) Availability of current information for dispatchers (e.g., Watch Commander contact,
rosters, member tracking methods, member contact, maps, emergency providers,
tactical dispatch plans).
(e) Assignment of field members and safety check intervals.
(f) Procurement of external services (e.g., fire suppression, ambulances, aircraft, tow
trucks).
(g) Protection of essential equipment (e.g., surge protectors, gaseous fire suppression
systems, uninterruptible power systems, generators).
(h) the Communications Center.
(i) Handling misdirected, silent, and hang-up calls.
(j) Ensure the practices within the ECC for receiving, processing, and dispatching
resources to alarm calls are efficient.
(k) Radio interoperability issues.
(l) Proper operation and maintenance of public safety communications infrastructure.

802.5.3 COMMUNICATIONS SUPERVISOR (PSDIII)

Communications Supervisors shall be responsible for:
(a) Direct and continuous supervision of ECC personnel.
(b) Ensuring efficient shift-to-shift operations and functions of the ECC.
(c) Knowledge and application of operation and information systems.
(d) Ensure ECC personnel comply with Department and Division policies and procedures.
(e) Training and development of personnel assigned to the ECC.
(f) Initial training of new communications personnel.

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(g) Operating and maintaining the CTO program.

802.5.4 COMMUNICATIONS TRAINING OFFICER (CTO)

(a) Provide on the job training to new dispatchers.
(b) Document and evaluate trainee performance.
(c) Providing guidance and support for trainees and probationary ECC personnel.
(d) Assisting with the development and design of training programs.
(e) Direct supervision of trainee.
(f) Serving as the PSD in charge, in the absence of a Communications Supervisor.

802.5.5 DISPATCHERS
Dispatchers report to the Public Safety Communications Manager. The responsibilities of the
dispatcher include, but are not limited to:
(a) Receiving and handling all incoming and transmitted communications, including:
1. Emergency 9-1-1 lines.
2. Business telephone lines.
3. Telecommunications Device for the Deaf (TDD)/Text Telephone (TTY)
equipment.
4. Radio communications with department members in the field and support
resources (e.g., fire department, emergency medical services (EMS), allied
agency law enforcement units).
5. Other electronic sources of information (e.g., text messages, digital
photographs, video).
(b) Documenting the field activities of department members and support resources (e.g.,
fire department, EMS, allied agency law enforcement units).
(c) Inquiry and entry of information through ECC, Department and other law enforcement
database systems (CLETS, DMV, NCIC).
(d) Monitoring department video surveillance systems.
(e) Maintaining knowledge of the current status of personnel and resources in the field,
their locations, and the nature of calls for service.
(f) Notifying the Watch Commander or field supervisor of emergency activity, including,
but not limited to:
1. Vehicle pursuits.
2. Foot pursuits.
3. Critical incidents.
4. Unusual incidents.
5. Assignment of emergency response.

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802.6 CALL INTAKE AND HANDLING

The Oxnard Police Department provides members of the public with access to the 9-1-1 system
for a single emergency telephone number.
When a call for services is received, the ECC staff member who is handling the call's intake
will reasonably and quickly attempt to determine whether the call is an emergency or non-
emergency. This ECC staff member will quickly ascertain the call type, location, and priority.
If the ECC staff member determines that the caller has a hearing and/or speech impairment or
disability, he/she shall immediately initiate a connection with the individual via available TDD/TTY
equipment or Telephone Relay Service (TRS), as mandated by the Americans with Disabilities
Act (ADA).
If the dispatcher determines that the caller is a Limited English proficiency (LEP) individual,
the dispatcher should quickly determine whether sufficient information can be obtained to initiate
an appropriate response. If language assistance is still needed, the language is known and
a language-appropriate authorized interpreter is available in the ECC, the dispatcher should
immediately connect the LEP caller to the authorized interpreter.
If no authorized interpreter is available or the dispatcher is unable to identify the caller’s language,
the dispatcher will contact the contracted telephonic interpretation service and establish a three-
party call connecting the dispatcher, the LEP individual, and the interpreter.
Dispatchers shall exhibit coutesy, patience, and respect at all times when dealing with the public. .

802.6.1 EMERGENCY CALLS

A call is considered an emergency when there is an immediate or potential threat to life or serious
property damage, and the timely arrival of public safety assistance is of the utmost importance.
A person reporting an emergency should not be placed on hold until the ECC staff member has
obtained all necessary information to ensure the safety of the responding department members
and affected individuals.
Emergency calls should be dispatched immediately. The Watch Commander shall be promptly
notified of pending emergency calls for service when Department members are unavailable for
dispatch.

802.6.2 NON-EMERGENCY CALLS

A call is considered to be non-emergency when there is no immediate or potential threat to life
or property. A person reporting a non-emergency may be placed on hold, if necessary, to allow
the dispatcher to handle a higher priority or emergency call.
The reporting person should be advised if there will be a delay in the dispatcher returning to the
telephone line or when there will be a delay in the response for service.

802.7 RADIO COMMUNICATIONS

The police radio system is for official use only, to be used by dispatchers to communicate with
Department members in the field. All transmissions shall be professional and made in a calm,

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businesslike manner, using proper language and correct procedures. Such transmissions shall
include, but are not limited to:
(a) Department personnel acknowledging the ECC with their radio identification call signs
and current location.
(b) The ECC acknowledging and responding promptly to all radio transmissions.
(c) Department personnel keeping the ECC advised of their status and location.
(d) Department personnel and ECC acknowledgements, along with communication traffic,
shall be concise and without unnecessary content, unless additional information is
needed.
The Public Safety Communications Manager shall be notified of radio procedure violations or
other causes for complaint. All complaints and violations will be investigated and reported to the
complainant’s supervisor and processed through the chain of command.

802.7.1 FEDERAL COMMUNICATIONS COMMISSION COMPLIANCE

Oxnard Police Department radio operations shall be conducted in accordance with Federal
Communications Commission (FCC) procedures and requirements.

802.7.2 RADIO IDENTIFICATION

Radio call signs are assigned to Department personnel based on factors such as duty assignment,
uniformed patrol assignment and/or member identification number. Dispatchers shall identify
themselves on the radio with the appropriate station name or number, and identify Department
personnel by their call sign. Department personnel shall use their call signs when initiating
communication with the ECC. The use of the call sign allows for a brief pause so that
the dispatcher can acknowledge the appropriate department member. Department personnel
initiating communication with outside law enforcement or support agencies shall use their entire
radio call sign, which includes the Oxnard Police Department's station name or number.

802.8 DOCUMENTATION
It shall be the responsibility of the ECC to document all relevant information on calls for service or
self-initiated activity. Dispatchers shall attempt to elicit, document, and relay as much information
as possible to enhance the safety of field personnel and assist in anticipating conditions that may
be encountered at the scene. Desirable information would include, at a minimum:
• Incident case number.
• Date and time of request.
• Name and address of the reporting person, if possible.
• Type of incident reported.
• Involvement of weapons, drugs and/or alcohol.
• Location of incident reported.
• Identification of members assigned as primary and backup.

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• Time of dispatch.
• Time of the responding member’s arrival.
• Time of member’s return to service.
• Disposition or status of reported incident.

802.9 CONFIDENTIALITY
Information that becomes available through the ECC may be confidential or sensitive in nature.
All members of the ECC shall treat information that becomes known to them as confidential, and
only release that information in accordance with the Protected Information Policy.
Automated data, such as Department of Motor Vehicle records, warrants, criminal history
information, records of internal police files, or medical information, shall only be made available to
authorized law enforcement personnel. Prior to transmitting confidential information via the radio,
an admonishment shall be made that confidential information is about to be broadcast.

802.10 TRAINING AND CERTIFICATION

Dispatchers shall receive training consistent with minimum standards established by POST (Penal
Code § 13510).

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803 Oxnard PD Policy Manual

Community Service Officer

803.1 PURPOSE AND SCOPE
To establish policy, duties, responsibilities and procedure for the operation of the Community
Service Officer position and unit.

803.2 METHOD
The purpose of the Community Service Officer (CSO) Unit is to provide support to all major
divisions within the Police Department. Supervision of the CSOs will come under the direction
of individual Division Manager or the Watch Commanders within the organization. The Division
Manager will perform functional management. Shift commanders and Supervisors will have direct
supervisory responsibility of CSOs.
(a) CSOs will report to the on-duty Watch Commander or their designated division
supervisor upon arrival to work for specific assignment or duties as needed.

803.3 DUTIES AND RESPONSIBILITIES

(a) CSOs are civilian Police Department employees who may be assigned to perform a
wide variety of duties.
(b) CSOs will be required to provide a full range of service, including, but not limited to:
1. Interview victims/witnesses, compile and conduct photographic lineups.
2. Investigate criminal and civil backgrounds.
3. Identify, preserve, collect, and package evidence.
4. Arrange for emergency traps or line traces with the phone company.
5. Prepare comprehensive reports, including case documents and materials for
submission to the District Attorney.
6. Enter Data into the Department computer systems for analysis and record
keeping.
7. Conduct vehicle maintenance and inventory.
8. Assist with the maintenance and property and evidence.
9. Assist in completing a variety of patrol and investigative duties.
10. Perform other duties as assigned.
(c) CSOs are not police officers and will not:
1. Exercise peace officer powers of arrest.
2. Become involved in situations that would likely lead to injury or arrest.

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3. Respond to Priority 1 calls or in-progress calls for service.

4. Be utilized as back-up on calls for service.
5. Self-dispatch to service calls in the field.

803.4 TRAINING (PRIOR TO BEING ASSIGNED TO FIELD DUTIES)

(a) All CSOs will receive a minimum of 320 hours of training in:
1. Department policy/rules and regulations.
2. Community-based policing.
3. Report writing/dictation.
4. Laws.
5. Patrol procedures.
6. Evidence.
7. Traffic.
8. Communications.
(b) Field training will be completed in a specified training period.
(c) CSOs assigned to specialized positions will receive appropriate training.
(d) The probationary period for all CSOs is one year from date of assignment.
(e) CSOs are required to comply with all City of Oxnard rules and regulations, applicable
Oxnard Police Department Policies, reference manuals and other rules that govern
the conduct and procedures of employees of the Oxnard Police Department.

803.5 BUREAU ASSIGNMENT

(a) CSOs may be assigned to any of the following Police Department bureaus.
1. Field Services.
2. Administrative Services.
3. Investigative Services.
(b) All CSOs will have Field Services as their basic assignment.
1. Patrol Field Support will be the basic Field Services assignment.
2. Property Room CSO will be assigned to Administrative Services.
3. The lateral assignments include:
(a) Front Desk CSO - Field Services.

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(b) Court Liaison CSO - Investigative Services.

(c) Violent Crimes Unit CSO - Investigative Services .
(d) Body Worn Camera (BWC) CSO - Investigative Services.
(c) All CSO lateral assignments will be for a term of three (3) years. One year extensions
based on performance may be made up to two (2) years, for a maximum of five (5)
years total. To qualify for performance extensions a CSO must have an overall rating
of "Meets Job Requirements" on the last evaluation in the third year. The performance
level must be maintained and documented in an evaluation during year the fourth year
to qualify for the final one-year extension CSOs may reapply for their position, not to
exceed two (2) terms. Exceptions to this rule would include when no other qualified
CSO applies for an opening or at the needs of the Department as determined by
the affected bureau chief. While completing an entire term is not required, fulfilling
one's commitment to the original assignment may be a determining factor in future
lateral assignment selection processes. Upon the completion of a second term and
term extensions (if applicable), CSOs must return to field duty in the Field Services
Bureau for one (1) year before reapplying for the same position. Exceptions to this rule
would include when no other qualified CSO applies for an opening or at the needs of
the Department as determined by the affected Bureau Chief.
(d) Duties and Responsibilities of the CSO Assignments:
(a) The Patrol Field Support CSOs may be assigned to or perform the following
tasks:
(a) Non-emergency traffic accidents (except for hit and runs) or other related
duties.
(b) Station or desk duties handling non-emergency calls for police service.
(c) Assist police personnel in performing a variety of patrol functions and
duties as assigned.
(d) Field Support CSOs will refrain from performing activities that will involve
direct contact or surveillance of possible criminal offenders. Such activities
to be avoided will include surveillance of any location where a known
criminal suspect may reside, loiter, or work; conducting records checks
for follow-up on known criminal suspects when not requested by a Field
Supervisor or the Watch Commander; initiating any direct contact with any
potential criminal suspects; or any other self-initiated activities that would
place them in unnecessary risk involving potential criminal suspects.
(b) The Front Desk CSOs may be assigned to various administration functions,
including:
(a) Vehicle maintenance/inventory.

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(b) Monitor false business/residential alarms and bill violators.

(c) Scheduling/tracking of Department personnel assigned to the Field
Services Bureau.
(d) Handling non-emergency calls for police service for walk-ins at the front
lobby of the Department.
(e) Interacting and assisting with questions of walk-ins at the front lobby of
the Department.
(f) Maintenance of department property and evidence.
(g) Duties as assigned by supervisor or Watch Commander.
(c) The Court Liaison CSO may be assigned to:
(a) Criminal and non-criminal follow-up investigations as assigned by a
detective supervisor or the Investigative Services Bureau Commander.
(b) Logging and tracking all criminal cases being submitted to the District
Attorney.
(c) Logging and tracking all requests from the District Attorney for follow-up
investigation or warrant declarations.
(d) Interface with members of the District Attorney and Sheriff's Department
as needed to file criminal cases or warrant declarations.
(e) Assist with search warrant services after police officers have made entry
and secured the location. Assistance by the CSOs includes completing
property sheets, documents related to the search warrant as directed by
the case agent, photography, traffic/pedestrian control, other duties as
assigned.
(f) Duties as assigned by a detective supervisor or the Investigative Services
Bureau Commander.
(d) The Violent Crimes Unit CSOs may be assigned to:
(a) Criminal and non-criminal follow-up investigations as assigned by a
detective supervisor or the Investigative Services Bureau Commander.
(b) Track and catalog tagger/gang related graffiti/crimes.
(c) Photograph, measure, and document tagger/gang related graffiti in the
field.
(d) Duties as assigned by a detective supervisor or the Investigative Services
Bureau Commander.
(e) The Property Room CSOs may be assigned to:

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(a) Record, track, and properly store all types of property received by
Property.
(b) A variety of administrative duties involving the storage, destruction, or
cataloging of property received by the Property Room.
(c) Ordering office supplies for the Field Services Bureau.
(d) Duties as assigned by the Property Room Supervisor or the Records
Manager.
(e) Shift assignments will be made in the following manner:
(a) Field Services Bureau:
(a) Six (6) month assignments and in accordance with the Patrol
shift selections.
(b) Assignments will be chosen by the seniority of those CSOs
assigned to the Patrol Division.
(c) CSOs will be allowed to remain on the same shift assignment
for a maximum of one year.
(b) Administrative Services/Investigative Services Bureaus:
(a) Assignments will be based on the operational needs of the
assigned bureau.

803.6 DISPATCHING COMMUNITY SERVICE OFFICERS

(a) CSOs will not dispatch themselves to calls for service. The Communications Center,
field supervisor or the Watch Commander will dispatch CSOs to calls for service.
(b) CSOs assigned to specific districts will be primarily dispatched to police calls for
service in their assigned districts. Dispatchers may use their discretion to send CSOs
to calls for service in other districts when needed to reduce call volume or wait times.

803.7 SELECTION PROCESS FOR COMMUNITY SERVICE OFFICER LATERAL

ASSIGNMENTS
The selection process for lateral assignments will comply with the following procedures:
(a) A notice will be posted and distributed that describes the position and any selection
criteria that will be used, such as a demonstration of a skill or completion of a written
exercise.
(b) The notice shall be clearly posted for a minimum of ten calendar (10) days, and shall
also be sent to personnel on the Department's email system.

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(c) All CSO lateral assignments shall require a minimum of two (2) years of CSO
experience with at least one (1) year with the Oxnard Police Department.
(d) Interested applicants shall submit a resume along with a memo expressing their intent
to apply for the position.
(e) All CSO lateral assignment candidates must have the written approval of their current
supervisor to be considered. This approval shall not be viewed as a recommendation
or endorsement, but is limited to their stating that the employee's performance is
acceptable and that he/she meets the assignment's minimum requirements. If a
supervisor declines to approve a candidate, the supervisor shall prepare a written
explanation of the reasons for declining.
(f) The candidates may be interviewed by the appropriate commander or an oral panel.
The same questions will be asked of the all candidates. Specific inquiries into individual
areas of concern may also be made. Candidates may also be asked to complete
a written exercise or perform a skill-based demonstration of their competency as it
pertains to the specific assignment. Additional phases such as an exam, practical, or
other task-related exercise may be required pursuant to the unit manual or department
policy governing the specific unit.
(g) The commander will thoroughly evaluate the eligible candidate's work history,
training, experience, disciplinary action, and potential future performance before
recommending a selection to the bureau chief, who will select the most qualified
candidate(s).
(h) Eligible candidates may request information on their performance at the conclusion of
the selection process and the basis for the final selection. The commander or an oral
board chairperson will provide this information as soon as possible.
(i) Every open position will require a new selection process.
(j) In the event that none of the applicants are deemed acceptable or no one applies for
the position, the Chief of Police may appoint someone of his/her choosing.

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804.1 PURPOSE AND SCOPE
This policy provides for the proper collection, storage, and security of evidence and other property.
Additionally, this policy provides for the protection of the chain of evidence and those persons
authorized to remove and/or destroy property.

804.2 DEFINITIONS
Property - Includes all items of evidence, items taken for safekeeping and found property.
Evidence - Includes items taken or recovered in the course of an investigation that may be used
in the prosecution of a case. This includes photographs and latent fingerprints.
Safekeeping - Includes the following types of property:
• Property obtained by the Department for safekeeping such as a firearm
• Personal property of an arrestee not taken as evidence
• Property taken for safekeeping under authority of a law (e.g., Welfare and Institutions
Code § 5150 (mentally ill persons))
Found property - Includes property found by an employee or citizen that has no apparent
evidentiary value and where the owner cannot be readily identified or contacted.

804.3 PROPERTY HANDLING

Any employee who first comes into possession of any property, shall retain such property in his/
her possession until it is properly barcoded and placed in the designated property locker or storage
room. Care shall be taken to maintain the chain of custody for all evidence.
Where ownership can be established as to found property with no apparent evidentiary value,
such property may be released to the owner without the need for booking. The property form must
be completed to document the release of property not booked and the owner shall sign the form
acknowledging receipt of the item(s).

804.3.1 PROPERTY BOOKING PROCEDURE

All property must be booked prior to the employee going off-duty unless otherwise approved by a
supervisor. Employees booking property shall observe the following guidelines:

(a) Complete the necessary information in the bar-coding software describing each item
of property separately, listing all serial numbers, owner’s name, finder's name, and
other identifying information or markings.
(b) All property shall be placed in the appropriate packaging. The packaging should be
completely sealed from corner to corner (Overlapping) with clear packaging tape or
by using the heat sealer. The booking employee's initials and the date it was sealed

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shall be placed on the edge of the tape/seal. Print a bar code label and attach it to
each package or envelope in which the property is stored.
(c) If a property receipt is issued, the original shall be submitted to the Records Unit. A
copy shall be provided to the owner for the release of property.
(d) When the property is too large to be placed in a locker, on-call Property room personnel
shall be called to take possession of the property to maintain the chain of custody.

804.3.2 NARCOTICS AND DANGEROUS DRUGS

All narcotics and dangerous drugs shall be booked separately using a separate property record.
Paraphernalia as defined by Health and Safety Code § 11364 shall also be booked separately.
Narcotics and paraphernalia shall be appropriately packaged and sealed upon booking.
The officer seizing the narcotics and dangerous drugs shall place them in the designated locker.

804.3.3 EXPLOSIVES
Officers who encounter a suspected explosive device shall promptly notify their immediate
supervisor or the Watch Commander. The bomb squad will be called to handle explosive-related
incidents and will be responsible for the handling, storage, sampling and disposal of all suspected
explosives.
No fireworks or explosives will be retained in the police facility.

804.3.4 EXCEPTIONAL HANDLING

Certain property items require a separate process. The following items shall be processed in the
described manner:
(a) Bodily fluids such as blood or semen stains shall be air dried prior to booking.
(b) License plates found not to be stolen or connected with a known crime will be placed in
the designated container in the supply room in the back of the briefing room for return
to the Department of Motor Vehicles. No formal property booking process is required.
(c) All bicycles and bicycle frames require a property record. A bar code will be attached
to a blank card and securely attached to each bicycle or bicycle frame. The bike should
be placed in the sally port until a property officer can log the property.
(d) All cash over $300 shall be counted in the presence of a supervisor and the envelope
initialed by the booking officer and the supervisor. The Watch Commander shall be
contacted for cash in excess of $1,000 for special handling procedures.
(e) Latent fingerprints cards and elimination prints are to be bar coded and the information
completed on the envelope and submitted in the small slot of the evidence lockers.
(f) Urine and blood samples will be placed in the refrigerator and never in the non-
refrigerated lockers. Officers will tag each sample with a bar code and deposit in the
slot within the locked steel container located in the refrigerator.

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City property, unless connected to a known criminal case, should be released directly to the
appropriate City department. No formal booking is required. In cases where no responsible person
can be located, the property should be booked for safekeeping in the normal manner.

804.3.5 RELINQUISHED FIREARMS

Individuals who relinquish firearms pursuant to the provisions of Penal Code § 29850 shall be
issued a receipt that describes the firearm, the serial number or other identification of the firearm
at the time of relinquishment (Penal Code § 29810).
Relinquished firearms shall be retained for 30 days, after which time they may be destroyed,
retained, sold or otherwise transferred, unless (Penal Code § 29810):
(a) A certificate is issued by a judge of a court of record or the District Attorney stating
the firearms shall be retained; or
(b) The convicted person provides written notice of an intent to appeal the conviction that
necessitated the relinquishment; or
(c) The Automated Firearms System indicates that the firearm was reported lost or stolen.
1. In such event, the firearm shall be restored to the lawful owner as soon as it is
no longer needed as evidence, the lawful owner has identified the weapon and
provided proof of ownership, and the [Department/Office] has complied with the
requirements of Penal Code § 33850 et seq.
(a) Prior to the release of any firearm, it will be submitted to the Ventura
County Crime Lab for test firing purposes.
The property officer shall update the Automated Firearms System for purposes of notifying the
California Department of Justice (DOJ) (See the Records Division Policy).

804.4 PACKAGING OF PROPERTY

Certain items require special consideration and shall be booked separately as follows:
(a) Narcotics and dangerous drugs
(b) Firearms (ensure they are unloaded and booked separately from ammunition)
(c) Property with more than one known owner
(d) Paraphernalia as described in Health and Safety Code § 11364
(e) Fireworks
(f) Contraband

804.4.1 PACKAGING CONTAINER

Employees shall package all property, except narcotics and dangerous drugs in a suitable
container available for its size. Knife boxes should be used to package knives, and syringe tubes
should be used to package syringes and needles.
.

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804.4.2 PACKAGING NARCOTICS

The officer seizing narcotics and dangerous drugs shall retain such property in their possession
until it is properly weighed, packaged, tagged, and placed in an evidence locker.
Narcotics and dangerous drugs shall be packaged in an envelope of appropriate size available
in the report room. Loose drugs shall be double heat sealed.. The envelope should be sealed
from corner to corner, overlapping the edges, with clear packaging tape. The booking employee's
initials and the date it was sealed shall be placed on the edge of the tape/seal. Narcotics and
dangerous drugs shall not be packaged with other property.
A completed barcode shall be attached to the outside of the container. Dollar bills that are rolled up
and used as inhalant/snorting devices and may have drug residue, are to be booked in currency
envelopes and marked as best evidence.

804.4.3 USE OF BLOOD LOCKERS

Blood lockers are to be used to dry blood stained or wet evidence. The lockers are located in the
outbuilding in the north parking lot of the Public Safety Building. The door to the room housing the
blood lockers will remain closed and locked at all times. The key to this door is located in a lock
box in the Watch Commander's office.
The Watch Commander will be responsible for issuing the key that unlocks the blood locker
storage area. Personnel must sign the key in and out of a key log maintained by the Watch
Commander. Once items are placed into a blood locker, the locker key shall be removed and
returned to the Watch Commander. The Watch Commander will cause a notation to be made in
the blood locker key log noting the person's name, ID number, date, time, and locker number. This
locker key will be stored in the same lock box as the one housing the blood locker door key.
Once the blood is dried on the evidence the responsible employee will return to the Watch
Commander's office and sign out the blood locker key as before. The responsible person will
remove the blood stained evidence from the locker, lock the door, and remove the key. He/she will
package the blood stained evidence in accordance with current policy. The responsible person
will drop the blood locker key in the drop box in Property. This will alert property personnel that the
locker must be cleaned. When the cleaning crew needs access to clean the floors and empty the
trash, he/she must sign out the key to the blood locker storage area from the Watch Commander.
He/she must also return the key to the Watch Commander when finished.

804.4.4

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804.5 RECORDING OF PROPERTY

The property officer receiving custody of evidence or property shall record using his/her login, the
date and time the property was received and where the property will be stored in the electronic
barcode system.
A Booking Officer shall assign a property number for each itemin the barcode system as the
officer is entering each item.
Any changes in the location of property held by the Oxnard Police Department shall be noted in
the barcode system.

804.6 PROPERTY CONTROL

Each time the property officer receives property or releases property to another person, he/she
shall enter this information in the electronic barcode system.. Officers desiring property for court
shall contact the property officer at least one day prior to the court day.

804.6.1 RESPONSIBILITY OF OTHER PERSONNEL

Every time property is released or received, an appropriate entry in the barcode system shall be
completed to maintain the chain of evidence. No evidence is to be released without first receiving
written authorization from a supervisor or detective.
Request for analysis for all items shall be completed electronically in the appropriate system. This
request may be filled out any time after booking of the evidence.

804.6.2 TRANSFER OF EVIDENCE TO CRIME LABORATORY

The transporting employee will check the evidence out of property, indicating the date and time
in the barcode system.
The property technician releasing the evidence must update the barcode system. The lab form
will be transported with the property to the examining laboratory. The original copy of the lab form
will remain with the evidence and the copy wil be returned to the Property Unit for scanning with
the case.

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804.6.3 STATUS OF PROPERTY

Each person receiving property will make the appropriate entry to document the chain of evidence.
Temporary release of property to officers for investigative purposes, or for court, shall be noted in
the barcode system, stating the date, time and to whom released.
The property officer shall obtain the signature of the person to whom property is released, and
the reason for release. Any employee receiving property shall be responsible for such property
until it is properly returned to the Property Unit, or properly released to another authorized person
or entity.
The return of the property should be recorded in the barcode system indicating date, time, and
the person who returned the property.

804.6.4 AUTHORITY TO RELEASE PROPERTY

A detective or officer shall authorize the disposition or release of all evidence and property coming
into the care and custody of the Department.

804.6.5 RELEASE OF PROPERTY

All reasonable attempts shall be made to identify the rightful owner of found property or evidence
not needed for an investigation.
Release of property shall be made upon receipt of an authorized release form, listing the name
and address of the person to whom the property is to be released. The release authorization shall
be signed by the authorizing supervisor or detective and must conform to the items listed on the
property form or must specify the specific item(s) to be released. Release of all property shall be
documented on the property form.
With the exception of firearms and other property specifically regulated by statute and property
held for safekeeping shall be held for a minimum of 60 days. Found property shall be held for a
minimum of 90 days. During such period, property personnel shall attempt to contact the rightful
owner by telephone and/or mail when sufficient identifying information is available. Property not
held for any other purpose and not claimed within time specifications after notification (or receipt,
if notification is not feasible) may be auctioned to the highest bidder at a properly published public
auction. If such property is not sold at auction or otherwise lawfully claimed, it may thereafter be
destroyed (Civil Code § 2080.6). The final disposition of all such property shall be fully documented
in related reports.
A property officer shall release the property upon proper identification being presented by the
owner for which an authorized release has been received. A signature of the person receiving the
property shall be recorded in the electronic barcode system.All property items not released will
remain in the barcode system until properly released or upon the date of destruction.
Under no circumstances shall any firearm be returned to any individual unless and until such
person presents valid identification and written notification from the California Department of
Justice that conforms to the provisions of Penal Code § 33865.

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The Property Unit Supervisor should also make reasonable efforts to determine whether the
person is the subject of any court order preventing the person from possessing a firearm and if
so, the firearm shall not be released to the person while the order is in effect.
The Department is not required to retain any firearm or other deadly weapon longer than 180 days
after notice has been provided to the owner that such firearm or other deadly weapon is available
for return. At the expiration of such period, the firearm or other deadly weapon may be processed
for disposal in accordance with applicable law (Penal Code § 33875).

804.6.6 DISPUTED CLAIMS TO PROPERTY

Occasionally more than one party may claim an interest in property being held by the Department,
and the legal rights of the parties cannot be clearly established. Such property shall not be released
until one party has obtained a valid court order or other undisputed right to the involved property.
All parties should be advised that their claims are civil and in extreme situations, legal counsel
for the Department may wish to file an interpleader to resolve the disputed claim (Code of Civil
Procedure § 386(b)).

804.6.7 CONTROL OF NARCOTICS & DANGEROUS DRUGS

The Property Unit will be responsible for the storage, control, and destruction of all narcotics and
dangerous drugs coming into the custody of this department, including paraphernalia as described
in Health & Safety Code § 11364.

804.6.8 RELEASE OF FIREARM IN DOMESTIC VIOLENCE MATTERS

Within five days of the expiration of a restraining order issued in a domestic violence matter
that required the relinquishment of a firearm, the property officer shall return the weapon to the
owner if the requirements of Penal Code § 33850 and Penal Code § 33855 are met unless the
firearm is determined to be stolen, evidence in a criminal investigation or the individual is otherwise
prohibited from possessing a firearm (Family Code § 6389(g); Penal Code § 33855).

804.6.9 RELEASE OF FIREARMS AND WEAPONS IN MENTAL ILLNESS MATTERS

Firearms and other deadly weapons confiscated from an individual detained for an evaluation by
a mental health professional or subject to the provisions of Welfare and Institutions Code § 8100
or Welfare and Institutions Code § 8103 shall be released or disposed of as follows:
(a) If a petition for a hearing regarding the return of the weapon has been initiated pursuant
to Welfare and Institutions Code § 8102(c), the weapon shall be released or disposed
of as provided by an order of the court. If the court orders a firearm returned, the firearm
shall not be returned unless and until the person presents valid identification and
written notification from the California Department of Justice (DOJ) which conforms to
the provisions of Penal Code § 33865.
(b) If no petition has been initiated pursuant to Welfare and Institutions Code § 8102(c)
and the weapon is not retained as evidence, the Department shall make the weapon
available for return. No firearm will be returned unless and until the person presents

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valid identification and written notification from the California DOJ which conforms to
the provisions of Penal Code § 33865.
(c) Unless the person contacts the Department to facilitate the sale or transfer of
the firearm to a licensed dealer pursuant to Penal Code § 33870, firearms not
returned should be sold, transferred, destroyed or retained as provided in Welfare and
Institutions Code § 8102.

804.6.10 RELEASE OF FIREARMS IN GUN VIOLENCE RESTRAINING ORDER MATTERS

Firearms and ammunition that were taken into temporary custody or surrendered pursuant to a
gun violence restraining order shall be returned to the restrained person upon the expiration of
the order and in accordance with the requirements of Penal Code § 33850 et seq. (Penal Code
§ 18120).
If the restrained person who owns the firearms or ammunition does not wish to have the firearm
or ammunition returned, he/she is entitled to sell or transfer title to a licensed dealer, provided that
the firearms or ammunition are legal to own or possess and the restrained person has right to title
of the firearms or ammunition (Penal Code § 18120).
If a person other than the restrained person claims title to the firearms or ammunition surrendered
pursuant to Penal Code § 18120 and the Oxnard Police Department determines him/her to be the
lawful owner, the firearms or ammunition shall be returned in accordance with the requirements
of Penal Code § 33850 et seq. (Penal Code § 18120).
Firearms and ammunition that are not claimed are subject to the requirements of Penal Code §
34000.

804.7 DISPOSITION OF PROPERTY

All property not held for evidence in a pending criminal investigation or proceeding, and held for
six months or longer where the owner has not been located or fails to claim the property, may be
disposed of in compliance with existing laws upon receipt of proper authorization for disposal. The
property officer shall request a disposition or status on all property which has been held in excess
of 120 days, and for which no disposition has been received from a supervisor or detective.

804.7.1 EXCEPTIONAL DISPOSITIONS

The following types of property shall be destroyed or disposed of in the manner, and at the time
prescribed by law, unless a different disposition is ordered by a court of competent jurisdiction:
• Weapons declared by law to be nuisances (Penal Code § 29300; Penal Code § 18010;
Penal Code § 32750)
• Animals, birds, and related equipment that have been ordered forfeited by the court
(Penal Code § 599a)
• Counterfeiting equipment (Penal Code § 480)
• Gaming devices (Penal Code § 335a)

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• Obscene matter ordered to be destroyed by the court (Penal Code § 312)

• Altered vehicles or component parts (Vehicle Code § 10751)
• Narcotics (Health and Safety Code § 11474 et seq.)
• Unclaimed, stolen or embezzled property (Penal Code § 1411)
• Destructive devices (Penal Code § 19000)
• Sexual assault evidence (Penal Code § 680(e))

804.7.2 UNCLAIMED MONEY

If found or seized money is no longer required as evidence and remains unclaimed after three
years, the Department shall cause a notice to be published each week for a period of two
consecutive weeks in a local newspaper of general circulation (Government Code § 50050). Such
notice shall state the amount of money, the fund in which it is held and that the money will become
the property of the agency on a designated date not less than 45 days and not more than 60 days
after the first publication (Government Code § 50051).
Any individual item with a value of less than $15.00, or any amount if the depositor/owner's name
is unknown, which remains unclaimed for a year or by order of the court, may be transferred to
the general fund without the necessity of public notice (Government Code § 50055).
If the money remains unclaimed as of the date designated in the published notice, the money
will become the property of this department to fund official law enforcement operations. Money
representing restitution collected on behalf of victims shall either be deposited into the Restitution
Fund or used for purposes of victim services.

804.7.3 RETENTION OF BIOLOGICAL EVIDENCE

The Property Unit Supervisor shall ensure that no biological evidence held by the [Department/
Office] is destroyed without adequate notification to the following persons, when applicable:
(a) The defendant
(b) The defendant’s attorney
(c) The appropriate prosecutor and Attorney General
(d) Any sexual assault victim
(e) The Investigative Services Bureau supervisor
Biological evidence shall be retained for either a minimum period that has been established by
law (Penal Code § 1417.9) or that has been established by the Property Unit Supervisor, or until
the expiration of any imposed sentence that is related to the evidence, whichever time period is
greater. Following the retention period, notifications should be made by certified mail and should
inform the recipient that the evidence will be destroyed after a date specified in the notice unless a
motion seeking an order to retain the sample is filed and served on the [Department/Office] within
180 days of the date of the notification. A record of all certified mail receipts shall be retained
in the appropriate file. Any objection to, or motion regarding, the destruction of the biological

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evidence should be retained in the appropriate file and a copy forwarded to the Investigative
Services Bureau supervisor.
Biological evidence related to a homicide shall be retained indefinitely and may only be destroyed
with the written approval of the Chief of Police and the head of the applicable prosecutor’s office.
Biological evidence or other crime scene evidence from an unsolved sexual assault should not
be disposed of prior to expiration of the statute of limitations and shall be retained as required in
Penal Code § 680. Even after expiration of an applicable statute of limitations, the Investigative
Services Bureau supervisor should be consulted and the sexual assault victim shall be notified
at least 60 days prior to the disposal (Penal Code § 680). Reasons for not analyzing biological
evidence shall be documented in writing (Penal Code § 680.3).

804.7.4 DIVERSION OF PROPERTY

Property that has been identified as useful for departmental purposes will be processed for
conversion for department use in the following manner:
All diversion requests will be documented on a memo format to the division commander/manager
requesting approval to convert property for department use. The memorandum will need to contain
justification for the diversion that establishes a legitimate purpose for the request. Upon approval, a
property diversion memorandum will be processed by property with the authorized signatures. If a
diversion request involves firearms, narcotics, or currency, bureau chief approval will be required.
The Property Unit will be responsible for maintaining all diversion requests.
Diversions involving firearms will be updated in the AFS system as "converted to department use."
When the firearm is identified as no longer useful for department purposes, the firearm will be
turned back over to the Property Unit for destruction pursuant to Penal Code § 12030 (c).

804.8 INSPECTIONS OF THE EVIDENCE ROOM

(a) On a monthly basis, the supervisor of the evidence custodian shall make an inspection
of the evidence storage facilities and practices to ensure adherence to appropriate
policies and procedures.
(b) Unannounced inspections of evidence storage areas shall be conducted annually as
directed by the Chief of Police.
(c) An annual audit of evidence held by the Department shall be conducted by a Bureau
Chief (as appointed by the Chief of Police) not routinely or directly connected with
evidence control.
(d) Whenever a change is made in personnel who have access to the evidence room,
an inventory of all evidence/property shall be made by an individual not associated
to the property room or function to ensure that records are correct and all evidence
property is accounted for.

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804.9 FIREARMS
Guns must be listed in the barcode system by manufacturer, model, caliber, and serial number.
This information should be obtained from the firearm. The type of firearm, or DOJ designation,
should also be noted (i.e. revolver, pistol, rifle, shotgun, assault weapon, or automatic).
An officer must have the Records or Dispatch Unit clear all firearm serial numbers through CLETS
before booking into Property and submit the paperwork with the firearm. Since there may be
multiple "hits" on one serial number, it is incumbent upon the officer to determine if one of those
"hits" matches the firearm.
If the firearm is stolen, it is incumbent upon the officer to contact the originating agency to notify
them that the stolen gun has been recovered. Once that is completed, he/she shall submit an APS
card to the Records Unit so that the firearm can be noted as "recovered" in CLETS.

804.9.1 EVIDENTIARY FIREARMS

Evidentiary firearms may include firearms located during search warrants, probation/parole
searches, seized as evidence as part of a criminal investigation, or similar circumstances that
would lend to it being handled as evidence.
Evidentiary firearms may include those firearms located by Department personnel during his/her
normal course of duty, or turned in by a member of the public as found property. Evidentiary
firearms also include those weapons seized or recovered whose owner/possessor is unknown.
These procedures do not automatically apply to firearms seized for safekeeping, unless
circumstances surrounding their seizure suggest the need for the collection of physical evidence
from the items.
In the event of any found, recovered, or seized firearm, a report shall be completed that details
the circumstances related to the recovery of the weapon.
Safety considerations will take priority over all procedures described in this section.
When a firearm is located during the course of an investigation and is being seized for evidentiary
purposes, or is found property and the owner of the firearm is unknown, officers shall handle
these items in a manner consistent with the preservation of evidence (fingerprints / DNA / trace
evidence) that the firearm may contain.
Evidentiary firearm handling considerations will consider:

(a) The use of latex gloves.

(b) Handling the firearm in areas not conducive to retaining fingerprints.
(c) Packaging the firearm in a gun box or other evidence container which minimizes the
likelihood of evidence destruction / contamination.

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In cases where possession of the firearm is in question and the item is being submitted to the
Crime Scene Investigation Unit for processing, the weapon will be processed for fingerprints and
swabbed for future DNA testing, in the event it is needed at a later time.
All firearms listed as found property where the owner of the firearm is not known will also be
processed for fingerprints and swabbed for future DNA testing. All swabs taken from the firearm for
future DNA testing shall be placed into evidence by the CSI technician and retained as evidence
through the completion of the investigation, adjudication of the case, or expiration of the statute of
limitations. The handling of the firearm by the CSI technicians should be conducted in a manner
consistent with the preservation of physical evidence should future processing of the weapon be
requested by investigators.
When an evidentiary firearm is seized or recovered, a written request to process the item for DNA
and/or fingerprints shall be completed by the recovering officer.
When evidentiary firearms are test fired for function, comparison to physical evidence from crime
scenes, or for the purpose of developing test fires for entry, the firearms examiner shall handle the
firearm in a manner consistent with the preservation of physical evidence should future processing
of the weapon be requested by investigators. Such procedures should include the use of gloves
and other necessary equipment if their use does not affect the ability of the examiner to handle
the firearm in a safe manner.

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805 Oxnard PD Policy Manual

Animal Safety Unit

805.1 PURPOSE AND SCOPE
To establish policies and procedures for the Animal Safety Unit.

805.2 METHOD
The responsibilities of the Animal Safety Unit include the regulation of domestic animals and
predator control within the City, the mediation of animal complaints and the inspection of dog
license records of residents in the City of Oxnard. To achieve these responsibilities the following
guidelines have been established:

805.2.1 RESPONSIBILITY
Overall responsibility rests with the Chief of Police.

(a) The Animal Safety Unit is organizationally responsible to the Field Services Bureau
Chief through the Special Projects Commander.
(b) The Animal Safety Unit is under the supervision of the Special Projects Sergeant.
(c) The manager's responsibilities are as follows:
1. Plan, organize, and supervise the field services programs and the Animal Safety
Officers in the enforcement of animal regulations, complaint investigation and
follow-up, issuance of citations and animal protection.
2. Supervise programs to educate the public on animal safety, rabies control and
predator information.
3. Supervise the training of Animal Safety Officers in animal regulations and animal
control public relations.
(d) The Animal Safety Officer's responsibilities are as follows:
1. Responsible to the Special Projects Sergeant.
2. Enforcement of state, county and city animal regulations.
3. Investigation of animal complaints, violations of regulations and animal abuse.
4. Issuance of citations when appropriate, for violations of animal regulations.

805.3 PRIORITIZATION SYSTEM

The Animal Safety Unit will respond to and handle animal complaints according to a threefold
prioritization system.

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805.3.1 PRIORITY ONE

Those situations or circumstances where immediate response is required for the protection of
human or animal life; a crime is in progress or a substantial portion of the city is being affected
by an animal problem.
Priority 1 situations are:

(a) Vicious dog or animal threatening at the time.

(b) Bite cases referred to Ventura County Animal Services.
(c) Injured dogs or cats and the owner is unknown.
(d) Cruelty to an animal in progress.
(e) Animal confined at any school yard or building.
(f) Animal rescues where the loss of the animal's life is in immediate danger.
(g) A request to meet with police officers, fire department, mental health, or Fish and
Wildlife personnel concerning an immediate animal control problem.

805.3.2 PRIORITY TWO

These situations do not require immediate response, but should be dealt with on the availability
of the animal safety officer. The call situations should be evaluated to ensure that there is not a
hazard to human or animal life. It should be stressed to the individual reporting these types of
incidents that these are non-emergency problems and response will be made on the availability
of animal safety officers. Priority 2 situations are:

(a) The impounding of confined animals or animals caught in set traps.

(b) Inspection by animal safety officer for rabies, vaccination or licenses.
(c) Nuisance animals, including barking dogs.
(d) Animal Safety Officers should handle nuisance animal complaints in the following
manner:
1. Complaining party will be advised of the nuisance animal procedures and be
given complaint papers.
2. Dog owner will be contacted, advised of the complaint and asked to voluntarily
comply. Dogs should also be checked for current licenses and rabies
vaccination.
3. Within 7 days of receipt of complaint papers from complaining party, the Animal
Safety Officer will return to the dog owner's residence and deliver a copy of the
complaint.

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4. The dog owner will also be advised that an administrative hearing will be
scheduled with the Poundmaster within 30 days.
(e) Injured or sick marine life. Ventura County Animal Services or California Fish and
Wildlife should be notified in cases dealing with marine life.
(f) The pick up of dead animals.

Even though the prioritization of complaints and situations dealing with animal safety should be
followed as closely as possible, the Animal Safety Officer will respond in those situations where
the citizens of the city are demanding action be taken. That action may be the mediation of the
problem or as severe as the issuance of a citation.

805.4 STANDBY LIST

During the times that no Animal Safety Officer is on duty, the Special Projects Sergeant will prepare
a standby list for call-outs on certain types of situations. Those situations that require officer call-
outs or consultation are:

(a) Injured or sick animals without knowledge of the ownership.

(b) Situations where an animal's life is in immediate danger.
(c) Special animal impoundments such as:
1. An animal in possession of a person that has been taken into custody by the
Police Department.
2. An animal abandoned as the result of fire, flood, or natural disaster where the
owner cannot be located or is not able to provide care and shelter.
3. An animal used for fighting.
4. An illegal animal designed for use in fighting.
5. Vicious animals threatening at that time whether the owner is known or unknown.

805.5 SITUATIONS NOT HANDLED BY ANIMAL SAFETY UNIT

Situations not handled by the Animal Safety Unit are:
(a) Problems dealing with gophers, rats, mice or any other small rodents.
(b) Insects or bugs.
(c) Living marine life unless other agencies are unable to respond.

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 Policy Oxnard Police Department
806 Oxnard PD Policy Manual

Records Division
806.1 PURPOSE AND SCOPE
This policy establishes the guidelines for the operational functions of the Oxnard Police
Department Records Division. The policy addresses Department file access and internal requests
for case reports.

806.2 POLICY
It is the policy of the Oxnard Police Department to maintain Department records securely,
professionally and efficiently.

806.3 DETERMINATION OF FACTUAL INNOCENCE

In any case where a person has been arrested by and no accusatory pleading has been filed,
the person arrested may petition the Department to destroy the related arrest records. Petitions
should be forwarded to the Records and Property Division Manager, who will in turn forward the
petition to the Investigations Bureau Commander for review.
Upon determination that a finding of factual innocence is appropriate, the Records and Property
Division Manager shall ensure that the arrest record and petition are sealed for later destruction
and the required notifications are made to the California Department of Justice and other law
enforcement agencies (Penal Code § 851.8).
The Records and Property Division Manager should respond to a petition with the Department's
decision within 45 days of receipt. Responses should include only the decision of the Department,
not an explanation of the analysis leading to the decision.

806.4 ARREST WITHOUT FILING OF ACCUSATORY PLEADING

The Field Services Bureau Chief should ensure a process is in place for when an individual is
arrested and released and no accusatory pleading is filed so that the following occurs (Penal Code
§ 849.5; Penal Code § 851.6):
(a) The individual is issued a certificate describing the action as a detention.
(b) All references to an arrest are deleted from the arrest records of the Department and
the record reflects only a detention.
(c) The California DOJ is notified.

806.5 CONFIDENTIALITY
Records Division staff has access to information that may be confidential or sensitive in nature.
Records Division staff shall not access, view, or distribute, or allow anyone else to access, view,
or distribute any record, file, or report, whether in hard copy or electronic file format, or any
other confidential, protected, or sensitive information except in accordance with the Records

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Maintenance and Release and Protected Information policies and the Records Division procedure
manual.

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 Policy Oxnard Police Department
808 Oxnard PD Policy Manual

Restoration of Firearm Serial Numbers

808.1 PURPOSE AND SCOPE
The primary purpose for restoring firearm serial numbers is to determine the prior owners or
origin of the item from which the number has been recovered. Thus, property can be returned to
rightful owners or investigations can be initiated to curb illegal trade of contraband firearms. The
purpose of this plan is to develop standards, methodologies, and safety protocols for the recovery
of obliterated serial numbers from firearms and other objects using procedures that are accepted
as industry standards in the forensic community. All personnel who are involved in the restoration
of serial numbers will observe the following guidelines. This policy complies with Penal Code §
11108.9.

808.2 PROCEDURE
Any firearm coming into the possession of the Oxnard Police Department as evidence, found
property, etc., where the serial numbers have been removed or obliterated will be processed in
the following manner:

808.2.1 PRELIMINARY FIREARM EXAMINATION

(a) Always keep the muzzle pointed in a safe direction. Be sure the firearm is in
an unloaded condition. This includes removal of the ammunition source (e.g., the
detachable magazine, contents of the tubular magazine) as well as the chamber
contents.
(b) If the firearm is corroded shut or in a condition that would preclude inspection of the
chamber contents, treat the firearm as if it is loaded. Make immediate arrangements
for a firearms examiner or other qualified examiner to render the firearm safe.
(c) Accurately record/document the condition of the gun when received. Note the positions
of the various components such as the safeties, cylinder, magazine, slide, hammer,
etc. Accurately record/document cylinder chamber and magazine contents. Package
the ammunition separately.
(d) If the firearm is to be processed for fingerprints or trace evidence, process before
the serial number restoration is attempted. First record/document important aspects
such as halos on the revolver cylinder face or other relevant evidence that might be
obscured by the fingerprinting chemicals.

808.2.2 PROPERTY BOOKING PROCEDURE

Any employee taking possession of a firearm with removed/obliterated serial numbers shall book
the firearm into property following standard procedures. The employee booking the firearm shall
indicate on the Forensic Firearms Unit Request form that the serial numbers have been obliterated.

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808.2.3 OFFICER RESPONSIBILITY

The officer booking the firearm shall fill out the request for the firearms examiner to restore the
serial number and submit the form to Property with the firearm.

808.2.4 DOCUMENTATION
Case reports are prepared in order to document the chain of custody and the initial examination
and handling of evidence from the time it is received/collected until it is released.
This report must include a record of the manner in which and/or from whom the firearm was
received. This may appear on the request form or property form depending on the type of evidence.

808.2.5 FIREARM TRACE

After the serial number has been restored (or partially restored) by the criminalistics laboratory,
the property officer will complete a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
National Tracing Center (NTC) Obliterated Serial Number Trace Request Form (ATF 3312.1-OBL)
and forward the form to the NTC in Falling Waters, West Virginia or enter the data into the ATF
eTrace system.

808.3 BULLET AND CASING IDENTIFICATION

Exemplar bullets and cartridge cases from the firearm, depending upon acceptance criteria
and protocol, may be submitted to the Bureau of Alcohol, Tobacco, Firearms and Explosives
(ATF) National Integrated Ballistic Information Network (NIBIN) which uses the Integrated Ballistic
Identification System (IBIS) technology to search the national database and compare with ballistic
evidence recovered from other crime scenes.

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 Policy Oxnard Police Department
810 Oxnard PD Policy Manual

Records Maintenance and Release

810.1 PURPOSE AND SCOPE
This policy provides guidance on the maintenance and release of department records. Protected
information is separately covered in the Protected Information Policy.

810.2 POLICY
The Oxnard Police Department is committed to providing public access to records in a manner
that is consistent with the California Public Records Act (Government Code § 6250 et seq.).

810.3 CUSTODIAN OF RECORDS RESPONSIBILITIES

The_Chief of Police shall designate a Custodian of Records. The responsibilities of the Custodian
of Records include but are not limited to:
(a) Managing the records management system for the [Department/Office], including the
retention, archiving, release, and destruction of [department/office] public records.
(b) Maintaining and updating the [department/office] records retention schedule including:
1. Identifying the minimum length of time the [Department/Office] must keep
records.
2. Identifying the [department/office] bureau responsible for the original record.
(c) Establishing rules regarding the inspection and copying of [department/office] public
records as reasonably necessary for the protection of such records.
(d) Identifying records or portions of records that are confidential under state or federal
law and not open for inspection or copying.
(e) Establishing rules regarding the processing of subpoenas for the production of
records.
(f) Ensuring a current schedule of fees for public records as allowed by law is available
(Government Code § 6253).
(g) Determining how the [department/office]'s website may be used to post public records
in accordance with Government Code § 6253.
(h) Ensuring that public records posted on the [Department/Office] website meet the
requirements of Government Code § 6253.10 including but not limited to posting in an
open format where a record may be retrieved, downloaded, indexed, and searched
by a commonly used internet search application.
(i) Ensuring that a list and description, when applicable, of enterprise systems (as defined
by Government Code § 6270.5) is publicly available upon request and posted in a
prominent location on the [Department/Office]’s website.

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810.4 PROCESSING REQUESTS FOR PUBLIC RECORDS

Any Department member who receives a request for any record shall route the request to the
Custodian of Records or the authorized designee.

810.4.1 REQUESTS FOR RECORDS

Any member of the public, including the media and elected officials, may access unrestricted
records of this department, during regular business hours by submitting a written and signed
request that reasonably describes each record sought and paying any associated fees
(Government Code § 6253).
The processing of requests for any record is subject to the following (Government Code § 6253):
(a) The Department is not required to create records that do not exist.
(b) Victims of an incident or their authorized representative shall not be required to
show proof of legal presence in the United States to obtain department records or
information. If identification is required, a current driver’s license or identification card
issued by any state in the United States, a current passport issued by the United States
or a foreign government with which the United States has a diplomatic relationship or
current Matricula Consular card is acceptable (Government Code § 6254.30).
(c) Either the requested record or the reason for non-disclosure will be provided promptly,
but no later than 10 days from the date of request, unless unusual circumstances
preclude doing so. If more time is needed, an extension of up to 14 additional days may
be authorized by the Custodian of Records or the authorized designee. If an extension
is authorized, the Department shall provide the requester written notice that includes
the reason for the extension and the anticipated date of the response.
1. When the request does not reasonably describe the records sought, the
Custodian of Records shall assist the requester in making the request focused
and effective in a way to identify the records or information that would be
responsive to the request including providing assistance for overcoming any
practical basis for denying access to the records or information. The Custodian of
Records shall also assist in describing the information technology and physical
location in which the record exists (Government Code § 6253.1).
2. If the record requested is available on the department website, the requester
may be directed to the location on the website where the record is posted. If the
requester is unable to access or reproduce the record, a copy of the record shall
be promptly provided.
(d) Upon request, a record shall be provided in an electronic format utilized by the
Department. Records shall not be provided only in electronic format unless specifically
requested (Government Code § 6253.9).
(e) When a record contains material with release restrictions and material that is not
subject to release restrictions, the restricted material shall be redacted and the
unrestricted material released.
1. A copy of the redacted release should be maintained in the case file for proof
of what was actually released and as a place to document the reasons for

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the redactions. If the record is audio or video, a copy of the redacted audio/
video release should be maintained in the department-approved media storage
system and a notation should be made in the case file to document the release
and the reasons for the redacted portions.
(f) If a record request is denied in whole or part, the requester shall be provided a written
response that includes the statutory exemption for withholding the record or facts that
the public interest served by nondisclosure outweighs the interest served by disclosure
(Government Code § 6255). The written response shall also include the names, titles
or positions of each person responsible for the denial.

810.5 RELEASE RESTRICTIONS

Examples of release restrictions include:
(a) Personal identifying information, including an individual’s photograph; Social Security
and driver identification numbers; name, address, and telephone number; and
medical or disability information that is contained in any driver license record, motor
vehicle record, or any [department/office] record, including traffic collision reports, are
restricted except as authorized by the [Department/Office], and only when such use
or disclosure is permitted or required by law to carry out a legitimate law enforcement
purpose (18 USC § 2721; 18 USC § 2722).
(b) Social Security numbers (Government Code § 6254.29).
(c) Personnel records, medical records, and similar records which would involve an
unwarranted invasion of personal privacy except as allowed by law (Government Code
§ 6254; Penal Code § 832.7; Penal Code § 832.8; Evidence Code § 1043 et seq.).
1. Peace officer personnel records that are deemed confidential shall not be made
public or otherwise released to unauthorized individuals or entities absent a valid
court order.
2. The identity of any officer subject to any criminal or administrative investigation
shall not be released without the consent of the involved officer, prior approval
of the Chief of Police, or as required by law.
(d) Victim information that may be protected by statutes, including victims of certain crimes
who have requested that their identifying information be kept confidential, victims who
are minors, and victims of certain offenses (e.g., sex crimes or human trafficking,
Penal Code § 293). Addresses and telephone numbers of a victim or a witness to any
arrested person or to any person who may be a defendant in a criminal action shall
not be disclosed, unless it is required by law (Government Code § 6254; Penal Code
§ 841.5).
1. Victims of certain offenses (e.g., domestic violence, sexual
assault, stalking, human trafficking, adult abuse) or their representatives shall be
provided, upon request and without charge, one copy of all incident report face
sheets, one copy of all incident reports, or both, pursuant to the requirements
and time frames of Family Code § 6228.

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2. Victims of sexual assault, upon written request, shall be provided a free copy
of the initial crime report regardless of whether the report has been closed.
Personal identifying information may be redacted (Penal Code § 680.2(b)).
(e) Video or audio recordings created during the commission or investigation of the crime
of rape, incest, sexual assault, domestic violence, or child abuse that depicts the
face, intimate body part, or voice of a victim of the incident except as provided by
Government Code § 6254.4.5.
(f) Information involving confidential informants, intelligence information, information that
would endanger the safety of any person involved, or information that would endanger
the successful completion of the investigation or a related investigation. This includes
analysis and conclusions of investigating officers (Evidence Code § 1041; Government
Code § 6254).
1. Absent a statutory exemption to the contrary or other lawful reason to deem
information from reports confidential, information from unrestricted agency
reports shall be made public as outlined in Government Code § 6254(f).
(g) Local criminal history information including but not limited to arrest history and
disposition, and fingerprints shall only be subject to release to those agencies and
individuals set forth in Penal Code § 13300.
1. All requests from criminal defendants and their authorized representatives
(including attorneys) shall be referred to the District Attorney, City Attorney, or
the courts pursuant to Penal Code § 1054.5.
(h) Certain types of reports involving but not limited to child abuse and molestation (Penal
Code § 11167.5), elder and dependent abuse (Welfare and Institutions Code § 15633),
and juveniles (Welfare and Institutions Code § 827).
(i) Sealed autopsy and private medical information concerning a murdered child with
the exceptions that allow dissemination of those reports to law enforcement agents,
prosecutors, defendants, or civil litigants under state and federal discovery laws (Code
of Civil Procedure §130).
(j) Information contained in applications for licenses to carry firearms or other files that
indicates when or where the applicant is vulnerable or which contains medical or
psychological information (Government Code § 6254).
(k) Traffic collision reports (and related supplemental reports) shall be considered
confidential and subject to release only to the California Highway Patrol, Department
of Motor Vehicles (DMV), other law enforcement agencies, and those individuals and
their authorized representatives set forth in Vehicle Code § 20012.
(l) Any record created exclusively in anticipation of potential litigation involving this
[department/office] (Government Code § 6254).
(m) Any memorandum from legal counsel until the pending litigation has been adjudicated
or otherwise settled (Government Code § 6254.25).
(n) Records relating to the security of the [department/office]’s electronic technology
systems (Government Code § 6254.19).

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(o) A record of a civilian complaint, or the investigations, findings, or dispositions of that

complaint if the complaint is frivolous, as defined by Code of Civil Procedure § 128.5,
or if the complaint is unfounded (Penal Code § 832.7 (b)(8)).
(p) Any other record not addressed in this policy shall not be subject to release where
such record is exempt or prohibited from disclosure pursuant to state or federal
law, including but not limited to provisions of the Evidence Code relating to privilege
(Government Code § 6254).
(q) Information connected with juvenile court proceedings or the detention or custody of
a juvenile. Federal officials may be required to obtain a court order to obtain certain
juvenile information (Welfare and Institutions Code § 827.9; Welfare and Institutions
Code § 831).

810.6 SUBPOENAS AND DISCOVERY REQUESTS

Any member who receives a subpoena duces tecum or discovery request for records should
promptly contact a supervisor and the Custodian of Records for review and processing. While a
subpoena duces tecum may ultimately be subject to compliance, it is not an order from the court
that will automatically require the release of the requested information.
Generally, discovery requests and subpoenas from criminal defendants and their authorized
representatives (including attorneys) should be referred to the District Attorney, City Attorney or
the courts.
All questions regarding compliance with any subpoena duces tecum or discovery request should
be promptly referred to legal counsel for the Department so that a timely response can be
prepared.

810.7 SEALED RECORD ORDERS

Sealed record orders received by the [Department/Office] shall be reviewed for appropriate action
by the Custodian of Records. The Custodian of Records shall seal such records as ordered by
the court. Records may include but are not limited to a record of arrest, investigation, detention, or
conviction. Once the record is sealed, members shall respond to any inquiry as though the record
did not exist (Penal Code § 851.8; Welfare and Institutions Code § 781).
When an arrest record is sealed pursuant to Penal Code § 851.87, Penal Code § 851.90, Penal
Code § 851.91, Penal Code § 1000.4, or Penal Code § 1001.9, the Records Manager shall ensure
that the required notations on local summary criminal history information and police investigative
reports are made. Sealed records may be disclosed or used as authorized by Penal Code §
851.92.

810.8 SECURITY BREACHES

The Records Manager shall ensure notice is given anytime there is a reasonable belief
an unauthorized person has acquired either unencrypted personal identifying information or
encrypted personal information along with the encryption key or security credential stored in any
Department information system (Civil Code § 1798.29).

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Notice shall be given as soon as reasonably practicable to all individuals whose information may
have been acquired. The notification may be delayed if the Department determines that notification
will impede a criminal investigation or any measures necessary to determine the scope of the
breach and restore the reasonable integrity of the data system.
For the purposes of this requirement, personal identifying information includes an individual’s first
name or first initial and last name in combination with any one or more of the following:
• Social Security number
• Driver license number or California identification card number
• Account number or credit or debit card number, in combination with any required
security code, access code or password that would permit access to an individual’s
financial account
• Medical information
• Health insurance information
• A username or email address, in combination with a password or security question
and answer that permits access to an online account
• Information or data collected by Automated License Plate Reader (ALPR) technology

810.8.1 FORM OF NOTICE

(a) The notice shall be written in plain language, be consistent with the format provided
in Civil Code § 1798.29 and include, to the extent possible, the following:
1. The date of the notice.
2. Name and contact information for the Oxnard Police Department.
3. A list of the types of personal information that were or are reasonably believed
to have been acquired.
4. The estimated date or date range within which the security breach occurred.
5. Whether the notification was delayed as a result of a law enforcement
investigation.
6. A general description of the security breach.
7. The toll-free telephone numbers and addresses of the major credit reporting
agencies, if the breach exposed a Social Security number or a driver license or
California identification card number.
(b) The notice may also include information about what the Oxnard Police Department
has done to protect individuals whose information has been breached and may include
information on steps that the person whose information has been breached may take
to protect him/herself (Civil Code § 1798.29).
(c) When a breach involves an online account, and only a username or email address in
combination with either a password or security question and answer that would permit

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access to an online account, and no other personal information has been breached
(Civil Code § 1798.29):
1. Notification may be provided electronically or in another form directing the
person to promptly change either his/her password or security question and
answer, as applicable, or to take other appropriate steps to protect the online
account with the Department in addition to any other online accounts for which
the person uses the same username or email address and password or security
question and answer.
2. When the breach involves an email address that was furnished by the Oxnard
Police Department, notification of the breach should not be sent to that email
address but should instead be made by another appropriate medium as
prescribed by Civil Code § 1798.29.

810.8.2 MANNER OF NOTICE

(a) Notice may be provided by one of the following methods (Civil Code § 1798.29):
1. Written notice.
2. Electronic notice if the notice provided is consistent with the provisions regarding
electronic records and signatures set forth in 15 USC § 7001.
3. Substitute notice if the cost of providing notice would exceed $250,000, the
number of individuals exceeds 500,000 or the Department does not have
sufficient contact information. Substitute notice shall consist of all of the
following:
(a) Email notice when the Department has an email address for the subject
person.
(b) Conspicuous posting of the notice on the department’s webpage for a
minimum of 30 days.
4. Notification to major statewide media and the California Information Security
Office within the California Department of Technology.
(b) If a single breach requires the Department to notify more than 500 California residents,
the Department shall electronically submit a sample copy of the notification, excluding
any personally identifiable information, to the Attorney General.

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 Policy Oxnard Police Department
812 Oxnard PD Policy Manual

Protected Information
812.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the access, transmission, release and
security of protected information by members of the Oxnard Police Department. This policy
addresses the protected information that is used in the day-to-day operation of the Department
and not the public records information covered in the Records Maintenance and Release Policy.

812.2 POLICY
Members of the Oxnard Police Department will adhere to all applicable laws, orders, regulations,
use agreements and training related to the access, use, dissemination and release of protected
information.

812.3 RESPONSIBILITIES
The Chief of Police shall select a member of the [Department/Office] to coordinate the use of
protected information.
The responsibilities of this position include, but are not limited to:
(a) Ensuring member compliance with this policy and with requirements applicable to
protected information, including requirements for the National Crime Information
Center (NCIC) system, National Law Enforcement Telecommunications System
(NLETS), Department of Motor Vehicle (DMV) records and California Law
Enforcement Telecommunications System (CLETS).
(b) Developing, disseminating and maintaining procedures that adopt or comply with the
U.S. Department of Justice’s current Criminal Justice Information Services (CJIS)
Security Policy.
(c) Developing, disseminating and maintaining any other procedures necessary to comply
with any other requirements for the access, use, dissemination, release and security
of protected information.
(d) Developing procedures to ensure training and certification requirements are met.
(e) Resolving specific questions that arise regarding authorized recipients of protected
information.
(f) Ensuring security practices and procedures are in place to comply with requirements
applicable to protected information.

812.4 ACCESS TO PROTECTED INFORMATION

Protected information shall not be accessed in violation of any law, order, regulation, user
agreement, Oxnard Police Department policy or training. Only those members who have
completed applicable training and met any applicable requirements, such as a background check,
may access protected information, and only when the member has a legitimate work-related
reason for such access.

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Unauthorized access, including access for other than a legitimate work-related purpose, is
prohibited and may subject a member to administrative action pursuant to the Personnel
Complaints Policy and/or criminal prosecution.

812.4.1 PENALTIES FOR MISUSE OF RECORDS

It is a misdemeanor to furnish, buy, receive or possess Department of Justice criminal history
information without authorization by law (Penal Code § 11143).
Authorized persons or agencies violating state regulations regarding the security of Criminal
Offender Record Information (CORI) maintained by the California Department of Justice may lose
direct access to CORI (11 CCR 702).

812.4.2 RELEASE OF CORI

Only the persons listed below are authorized to release CORI. Each authorized person releasing
CORI is responsible to ensure that each request granted appears legitimate and that the requester
is an authorized recipient with a right and need to know.
(a) Criminal records security officer.
(b) Records supervisor.
(c) Employees of the Records Unit.
(d) Personnel specifically designated in writing by the Administrative Services Bureau
Chief with the concurrence of the criminal records security officer.

812.4.3 RELEASE OF CORI TO FIELD PERSONNEL

Personnel shall not have access to CORI until a background investigation has been completed
and approved.
CORI shall not generally be transmitted by radio, cellular phone, or through computers to
field personnel or vehicles except in cases where circumstances reasonably indicate that the
immediate safety of the officer or the public are at significant risk. Examples of situations where
the transmission of summary criminal history information would be justified include a hostage
situation or an armed suspect however a routine investigation or traffic enforcement stop would
not be sufficient justification.
Nothing in this procedure is intended to prohibit broadcasting warrant information concerning
wanted persons.

812.5 RELEASE OR DISSEMINATION OF PROTECTED INFORMATION

Protected information may be released only to authorized recipients who have both a right to know
and a need to know.
A member who is asked to release protected information that should not be released should refer
the requesting person to a supervisor or to the Records Manager for information regarding a formal
request.

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Unless otherwise ordered or when an investigation would be jeopardized, protected information

maintained by the Department may generally be shared with authorized persons from other law
enforcement agencies who are assisting in the investigation or conducting a related investigation.
Any such information should be released through the Records Division to ensure proper
documentation of the release (see the Records Maintenance and Release Policy).
Protected information, such as Criminal Justice Information (CJI), which includes Criminal History
Record Information (CHRI), should generally not be transmitted by radio, cellular telephone or any
other type of wireless transmission to members in the field or in vehicles through any computer or
electronic device, except in cases where there is an immediate need for the information to further
an investigation or where circumstances reasonably indicate that the immediate safety of officers,
other department members or the public is at risk.
Nothing in this policy is intended to prohibit broadcasting warrant information.

812.6 SECURITY OF PROTECTED INFORMATION

The Chief of Police will select a member of the Department to oversee the security of protected
information.
The responsibilities of this position include, but are not limited to:
(a) Developing and maintaining security practices, procedures and training.
(b) Ensuring federal and state compliance with the CJIS Security Policy and the
requirements of any state or local criminal history records systems.
(c) Establishing procedures to provide for the preparation, prevention, detection, analysis
and containment of security incidents including computer attacks.
(d) Tracking, documenting and reporting all breach of security incidents to the Chief of
Police and appropriate authorities.

812.7 TRAINING
All members authorized to access or release protected information shall complete a training
program that complies with any protected information system requirements and identifies
authorized access and use of protected information, as well as its proper handling and
dissemination.

812.7.1 SECURITY OF CORI

Computer equipment capable of providing access to automated criminal offender record
information is located in the Records Unit and in the Investigative Services Bureau to preclude
access by unauthorized persons.
No employee shall be authorized to access CORI until the employee has completed the
appropriate certification.

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812.7.2 DESTRUCTION OF CORI

When no longer usable, solid state drives, hard drives, diskettes, tape cartridges, CDs, hard
copies, printouts, and other similar items used to process, store and/or transmit NCIC/CJIS
and classified and sensitive data shall be properly disposed of in accordance with measures
established below:
(a) Physical media (printouts) shall be disposed of by one of the following methods:
1. Shredding using Oxnard Police Department issued cross-cut shredder.
2. Placed in locked shred bins for on-site shredding.
(b) Electronic media (solid state drives, hard drives, tape cartridges, CDs, flash drives, printer and
copier hard drives, etc.) shall be disposed of by one of the following methods:
1. Overwriting (at least 3 times) - An effective method of clearing data from magnetic
media. Overwriting uses a program to write (1s, 0's, or a combination of both) onto the location
of the media the file to be sanitized is located.
2. Degaussing - A method to magnetically erase data from magnetic media. Two types of
degaussing exist: strong magnetic media and electric degausses.
3. Destruction - A method of destroying magnetic media. Destruction of magnetic media is
to physically dismantle by methods of crushing, disassembling, etc., ensuring the platters or tape
have been physically destroyed so that no data can be pulled.
Department members shall provide electronic media to IT members in order to comply with
disposal procedures.
IT systems that have been used to process, store or transmit NCIC/CJIS and/or sensitive and
classified information shall not be released from Oxnard Police Department control until the
equipment has been sanitized and all stored information has been cleared using one of the above
methods.

812.7.3 CUSTODIAN OF CRIMINAL RECORDS

The Records and Property Division Manager, unless otherwise directed by the Administrative
Services Bureau Chief, shall be the Department's official Custodian of Criminal Records. The
Custodian of Criminal Records shall be responsible for the security, storage, dissemination and
destruction of criminal records, and will serve as a primary contact for the California Department
of Justice for any related issues. The Administrative Services Bureau Chief may appoint other
department employees to the role of Custodian of Criminal Records, who will share the same
responsibilities regarding criminal records.
The Administrative Services Bureau Chief will ensure that he/she makes the appropriate
applications and notifications to the California Department of Justice regarding the Department's
Custodian of Criminal Record appointments, per the requirements of Penal Code § 11102.2.

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This subsection is not intended to interfere with any other employee acting as a custodian of
records for other statutory purposes but is narrowly tailored to address issues of criminal history
records.

812.8 TRAINING PROGRAM

All personnel authorized to process or release CORI shall be required to complete a training
certification prescribed by the criminal record security officer.

812.9 PENALTIES FOR MISUSE OF RECORDS

Penal Code § 11140 and § 11144 make it a misdemeanor to furnish, buy, receive, or possess
Department of Justice rap sheets without authorization by a court, statute, or case law.
Title 11, California Administrative Code § 702 provides that authorized persons or agencies
violating the Regulations Regarding the Security of Criminal Offender Record Information in
California may lose direct access to CORI maintained by the California Department of Justice.
Divulging the content of any criminal record to anyone other than authorized personnel is a
violation of Policy Manual § 340.3.7(a).
Employees who obtain, or attempt to obtain, information from the department files other than that
to which they are entitled in accordance with their official duties is a violation of Policy Manual
§ 340.3.7(a).

812.10 CALIFORNIA RELIGIOUS FREEDOM ACT

Members shall not release personal information from any agency database for the purpose of
investigation or enforcement of any program compiling data on individuals based on religious
belief, practice, affiliation, national origin or ethnicity (Government Code § 8310.3).

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814 Oxnard PD Policy Manual

Computers and Digital Evidence

814.1 PURPOSE AND SCOPE
This policy establishes procedures for the seizure and storage of computers, personal
communications devices (PCDs) digital cameras, digital recorders and other electronic devices
that are capable of storing digital information; and for the preservation and storage of digital
evidence. All evidence seized and/or processed pursuant to this policy shall be done so in
compliance with clearly established Fourth Amendment and search and seizure provisions.

814.2 SEIZING COMPUTERS AND RELATED EVIDENCE

Computer equipment requires specialized training and handling to preserve its value as evidence.
Officers should be aware of the potential to destroy information through careless or improper
handling, and utilize the most knowledgeable available resources.

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814.4 SEIZING PCDS

Personal communication devices such as cell phones, PDAs or other hand-held devices
connected to any communication network must be handled with care to preserve evidence that

814.5 DIGITAL EVIDENCE RECORDED BY OFFICERS

Officers handling and submitting recorded and digitally stored evidence from digital cameras and
audio or video recorders will comply with these procedures to ensure the integrity and admissibility
of such evidence.

814.5.1 COLLECTION OF DIGITAL EVIDENCE

Once evidence is recorded it shall not be erased, deleted or altered in any way prior to submission.
All photographs taken will be preserved regardless of quality, composition or relevance. Video
and audio files will not be altered in any way.

814.5.2 SUBMISSION OF DIGITAL MEDIA

The following are required procedures for the submission of digital media used by cameras or
other recorders:

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814.5.3 DOWNLOADING OF DIGITAL FILES

Digital information such as video or audio files recorded on devices using internal memory must
be downloaded to storage media. The following procedures are to be followed:
(a) Files should not be opened or reviewed prior to downloading and storage.
(b) Where possible, the device should be connected to a computer and the files accessed
directly from the computer directory or downloaded to a folder on the host computer
for copying to the storage media.

814.5.4 PRESERVATION OF DIGITAL EVIDENCE

(a) Only evidence technicians are authorized to copy original digital media that is held
as evidence. The original digital media shall remain in evidence and shall remain
unaltered.
(b) Digital images that are enhanced to provide a better quality photograph for
identification and investigative purposes must only be made from a copy of the original
media.
(c) If any enhancement is done to the copy of the original, it shall be noted in the
corresponding incident report.

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Chapter 9 - Custody

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900 Oxnard PD Policy Manual

Temporary Custody of Adults

900.1 PURPOSE AND SCOPE
This policy provides guidelines to address the health and safety of adults taken into temporary
custody by members of the Oxnard Police Department for processing prior to being released or
transferred to a housing or other type of facility.
Temporary custody of juveniles is addressed in the Temporary Custody of Juveniles Policy.
Juveniles will not be permitted where adults in custody are being held unless all adult individuals
are placed into locked holding cells out of eyesight and earshot of the juvenile.
Custodial searches are addressed in the Custodial Searches Policy.

900.1.1 DEFINITIONS
Definitions related to this policy include:
Holding cell/cell - Any locked enclosure for the custody of an adult or any other enclosure
that prevents the occupants from being directly visually monitored at all times by a member of
the [Department/Office].
Safety checks - Direct, visual observation by a member of this [department/office] performed at
random intervals, within time frames prescribed in this policy, to provide for the health and welfare
of adults in temporary custody.
Temporary custody - The time period an adult is in custody at the Oxnard Police Department
prior to being released or transported to a housing or other type of facility.

900.2 POLICY
The Oxnard Police Department is committed to releasing adults from temporary custody as
soon as reasonably practicable, and to keeping adults safe while in temporary custody at
the [Department/Office]. Adults should be in temporary custody only for as long as reasonably
necessary for investigation, processing, transfer or release.

900.3 GENERAL CRITERIA AND SUPERVISION

No adult should be in temporary custody for longer than six hours without approval from the on-
duty Watch Commander.

900.3.1 INDIVIDUALS WHO SHOULD NOT BE IN TEMPORARY CUSTODY

Individuals who exhibit certain behaviors or conditions should not be in temporary custody at the
Oxnard Police Department, but should be transported to a jail facility, a medical facility, or another
type of facility as appropriate. These include:
(a) Any individual who is unconscious or has been unconscious while being taken into
custody or while being transported.
(b) Any individual who has a medical condition, including pregnancy, that may require
medical attention, supervision, or medication while he/she is in temporary custody.

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(c) Any individual who is seriously injured.

(d) Individuals who are a suspected suicide risk (see the Mental Illness Commitments
Policy).
1. If the officer taking custody of an individual believes that he/she may be a suicide
risk, the officer shall ensure continuous direct supervision until evaluation,
release, or a transfer to an appropriate facility is completed (15 CCR 1030).
(e) Individuals who are obviously in crisis, as defined in the Crisis Intervention Incidents
Policy.
(f) Individuals who are under the influence of alcohol, a controlled substance, or any
substance to the degree that may require medical attention, or who have ingested
any substance that poses a significant risk to their health, whether or not they appear
intoxicated.
(g) Any individual who has exhibited extremely violent or continuously violent behavior
including behavior that results in the destruction of property or demonstrates an intent
to cause physical harm to him/herself or others (15 CCR 1053; 15 CCR 1055).
(h) Any individual who claims to have, is known to be afflicted with, or displays symptoms
of any communicable disease that poses an unreasonable exposure risk (15 CCR
1051).
(i) Any individual with a prosthetic or orthopedic device where removal of the device
would be injurious to his/her health or safety.
(j) Any individual who is obviously developmentally disabled (15 CCR 1057).
(k) Any individual who appears to be a danger to him/herself or others due to a mental
disorder, or who appears gravely disabled (15 CCR 1052).
(l) Any individual who needs restraint beyond the use of handcuffs or shackles for security
reasons (15 CCR 1058).
(m) Any individual obviously suffering from drug or alcohol withdrawal (15 CCR 1213).
Officers taking custody of a person who exhibits any of the above conditions should notify
a supervisor of the situation. These individuals should not be in temporary custody at the
[Department/Office] unless they have been evaluated by a qualified medical or mental health
professional, as appropriate for the circumstances.

900.3.2 SUPERVISION IN TEMPORARY CUSTODY

An authorized [department/office] member capable of supervising shall be present at all times
when an individual is held in temporary custody. The member responsible for supervising should
not have other duties that could unreasonably conflict with his/her supervision. Any individual in
custody must be able to summon the supervising member if needed. If the person in custody is
deaf or hard of hearing or cannot speak, accommodations shall be made to provide this ability
(15 CCR 1027).

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At least one female [department/office] member should be present when a female adult is in
temporary custody. In the event that none is readily available, the female in custody should be
transported to another facility or released pursuant to another lawful process (15 CCR 1027).
Absent exigent circumstances, such as a medical emergency or a violent subject, members should
not enter the cell of a person of the opposite sex unless a member of the same sex as the person
in custody is present (Penal Code § 4021).
No individual in custody shall be permitted to supervise, control or exert any authority over other
individuals in custody.

900.3.3 STAFFING PLAN

The Chief of Police or the authorized designee shall ensure a staffing plan is prepared and
maintained, indicating assigned personnel and their duties. The plan should ensure that at least
one member who meets the training standards established by the Corrections Standards Authority
(CSA) for general fire- and life-safety and is trained in fire- and life-safety procedures relating
specifically to the facility is on-duty at all times (15 CCR 1028).
The staffing plan shall be available for biennial review by CSA staff. The review and
recommendations of the CSA biennial review shall be forwarded to the City, as required by 15
CCR 1027.

900.3.4 ENTRY RESTRICTIONS

Entry into any location where a person is held in custody should be restricted to:
(a) Authorized members entering for official business purposes.
(b) Emergency medical personnel when necessary.
(c) Any other person authorized by the Watch Commander.
When practicable, more than one authorized member should be present for entry into a location
where a person is held in custody for security purposes and to witness interactions.

900.4 INITIATING TEMPORARY CUSTODY

The officer responsible for an individual in temporary custody should evaluate the person for
any apparent chronic illness, disability, vermin infestation, possible communicable disease or any
other potential risk to the health or safety of the individual or others. The officer should specifically
ask if the individual is contemplating suicide and evaluate him/her for obvious signs or indications
of suicidal intent.
The receiving officer should ask the arresting officer if there is any statement, indication or
evidence surrounding the individual's arrest and transportation that would reasonably indicate the
individual is at risk for suicide or critical medical care. If there is any suspicion that the individual
may be suicidal, he/she shall be transported to the City jail or the appropriate mental health facility.
The officer should promptly notify the Watch Commander of any conditions that may warrant
immediate medical attention or other appropriate action. The Watch Commander shall determine

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whether the individual will be placed in a cell, immediately released or transported to jail or other
facility.

900.4.1 JAIL ALARM

When an alarm is sounding in the Oxnard Police Department's holding facility, available on-duty
police officers in the station will respond without delay. During these situations, armed officers are
permitted to enter the booking facility to provide required assistance. Once the emergency has
subsided, armed officers will leave the booking facility.

900.4.2 SCREENING AND PLACEMENT

The officer responsible for an individual in custody shall (15 CCR 1050):
(a) Advise the Watch Commander of any significant risks presented by the individual (e.g.,
suicide risk, health risk, violence).
(b) Evaluate the following issues against the stated risks in (a) to determine the need for
placing the individual in a single cell:
(a) Consider whether the individual may be at a high risk of being sexually abused
based on all available known information (28 CFR 115.141), or whether the
person is facing any other identified risk.
(b) Provide any individual identified as being at a high risk for sexual or other
victimization with heightened protection. This may include (28 CFR 115.113; 28
CFR 115.141):
(a) Continuous, direct sight and sound supervision.
(b) Single-cell placement in a cell that is actively monitored on video by a
member who is available to immediately intervene.
(c) Ensure individuals are separated according to severity of the crime (e.g., felony
or misdemeanor).
(d) Take reasonable measures to ensure males and females are separated by sight
and sound when in cells.
(e) Ensure restrained individuals are not placed in cells with unrestrained
individuals.
(c) Ensure that those confined under civil process or for civil causes are kept separate
from those who are in temporary custody pending criminal charges.
(d) Ensure separation, as appropriate, based on other factors, such as age, criminal
sophistication, assaultive/non-assaultive behavior, mental state, disabilities and
sexual orientation.

900.4.3 CONSULAR NOTIFICATION

Consular notification may be mandatory when certain foreign nationals are arrested. The Field
Services Bureau Chief will ensure that the U.S. Department of State’s list of countries and
jurisdictions that require mandatory notification is readily available to [department/office] members.
There should also be a published list of foreign embassy and consulate telephone and fax

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numbers, as well as standardized notification forms that can be transmitted and then retained for
documentation. Prominently displayed signs informing foreign nationals of their rights related to
consular notification should also be posted in areas used for the temporary custody of adults.
[Department/Office] members assigned to process a foreign national shall:
(a) Inform the individual, without delay, that he/she may have his/her consular officers
notified of the arrest or detention and may communicate with them.
1. This notification should be documented.
(b) Determine whether the foreign national’s country is on the U.S. Department of State’s
mandatory notification list.
1. If the country is on the mandatory notification list, then:
(a) Notify the country’s nearest embassy or consulate of the arrest or
detention by fax or telephone.
(b) Tell the individual that this notification has been made and inform him/her
without delay that he/she may communicate with consular officers.
(c) Forward any communication from the individual to his/her consular officers
without delay.
(d) Document all notifications to the embassy or consulate and retain the
faxed notification and any fax confirmation for the individual’s file.
2. If the country is not on the mandatory notification list and the individual requests
that his/her consular officers be notified, then:
(a) Notify the country’s nearest embassy or consulate of the arrest or
detention by fax or telephone.
(b) Forward any communication from the individual to his/her consular officers
without delay.

900.5 SAFETY, HEALTH AND OTHER PROVISIONS

900.5.1 TEMPORARY CUSTODY LOGS

Any time an individual is in temporary custody at the Oxnard Police Department, the custody shall
be promptly and properly documented in a custody log, including:
(a) Identifying information about the individual, including his/her name.
(b) Date and time of arrival at the [Department/Office].
(c) Any charges for which the individual is in temporary custody and any case number.
(d) Time of all safety checks (15 CCR 1027; 15 CCR 1027.5).
(e) Any medical and other screening requested and completed.
(f) Any emergency situations or unusual incidents.
(g) Any other information that may be required by other authorities, such as compliance
inspectors.

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(h) Date and time of release from the Oxnard Police Department.
The Watch Commander should initial the log to approve the temporary custody and should also
initial the log when the individual is released from custody or transferred to another facility.
The Watch Commander should make periodic checks to ensure all log entries and safety and
security checks are made on time.

900.5.2 TEMPORARY CUSTODY REQUIREMENTS

Members monitoring or processing anyone in temporary custody shall ensure:
(a) Safety checks and significant incidents/activities are noted on the log.
(b) Individuals in custody are informed that they will be monitored at all times, except
when using the toilet.
1. There shall be no viewing devices, such as peep holes or mirrors, of which the
individual is not aware.
2. This does not apply to surreptitious and legally obtained recorded interrogations.
(c) There is reasonable access to toilets and wash basins.
(d) There is reasonable access to a drinking fountain or water.
(e) There are reasonable opportunities to stand and stretch, particularly if handcuffed or
otherwise restrained.
(f) There is privacy during attorney visits.
(g) Those in temporary custody are generally permitted to remain in their personal clothing
unless it is taken as evidence or is otherwise unsuitable or inadequate for continued
wear while in custody.
(h) Clean blankets are provided as reasonably necessary to ensure the comfort of an
individual.
1. The supervisor should ensure that there is an adequate supply of clean blankets.
(i) Adequate shelter, heat, light and ventilation are provided without compromising
security or enabling escape.
(j) Adequate furnishings are available, including suitable chairs or benches.

900.5.3 MEDICAL CARE

First-aid equipment and basic medical supplies should be available to [department/office]
members (15 CCR 1220). At least one member who has current certification in basic first aid and
CPR should be on-duty at all times.
Should a person in custody be injured or become ill, appropriate medical assistance should be
sought. A supervisor should meet with those providing medical aid at the facility to allow access
to the person. Members shall comply with the opinion of medical personnel as to whether an
individual in temporary custody should be transported to the hospital. If the person is transported
while still in custody, he/she will be accompanied by an officer.

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Those who require medication while in temporary custody should not be at the Oxnard Police
Department. They should be released or transferred to another facility as appropriate.

900.5.4 ORTHOPEDIC OR PROSTHETIC APPLIANCE

Subject to safety and security concerns, individuals shall be permitted to retain an orthopedic or
prosthetic appliance. However, if the member supervising the individual has probable cause to
believe the possession of the appliance presents a risk of bodily harm to any person or is a risk
to the security of the facility, the appliance may be removed from the individual unless its removal
would be injurious to his/her health or safety.
Whenever a prosthetic or orthopedic appliance is removed, the Watch Commander shall be
promptly apprised of the reason. It shall be promptly returned when it reasonably appears that
any risk no longer exists (Penal Code § 2656; 15 CCR 1207).

900.5.5 TELEPHONE CALLS

Immediately upon being booked and, except where physically impossible, no later than three
hours after arrest, an individual in custody has the right to make at least three completed calls
to an attorney, bail bondsman, and a relative or other person (Penal Code § 851.5). Additional
calls may be made as reasonable and necessary (15 CCR 1067). In providing further access to
a telephone beyond that required by Penal Code § 851.5, legitimate law enforcement interests
such as officer safety, effect on ongoing criminal investigations and logistics should be balanced
against the individual’s desire for further telephone access.
(a) Telephone calls may be limited to local calls, except that long-distance calls may be
made by the individual at his/her own expense.
1. The [Department/Office] should pay the cost of any long-distance calls related to
arranging for the care of a child or dependent adult (see the Child and Dependent
Adult Safety Policy).
2. The provisions of Penal Code § 851.5 concerning this issue shall be posted in
bold, block type in a conspicuous place within the facility.
(b) The individual should be given sufficient time to contact whomever he/she desires
and to make any necessary arrangements, including child or dependent adult care,
or transportation upon release.
1. Telephone calls are not intended to be lengthy conversations. The member
assigned to monitor or process the individual may use his/her judgment in
determining the duration of the calls.
2. Within three hours of the arrest, the member supervising the individual should
inquire whether the individual is a custodial parent with responsibility for a minor
child, and notify the individual that he/she may make two additional telephone
calls to a relative or other person for the purpose of arranging for the care of
minor children (Penal Code § 851.5).

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(c) Calls between an individual in temporary custody and his/her attorney shall be deemed
confidential and shall not be monitored, eavesdropped upon or recorded (Penal Code
§ 851.5(b)(1); 15 CCR 1068).

900.5.6 RELIGIOUS ACCOMMODATION

Subject to available resources, safety and security, the religious beliefs and needs of all
individuals in custody should be reasonably accommodated (15 CCR 1072). Requests for religious
accommodation should generally be granted unless there is a compelling security or safety reason
and denying the request is the least restrictive means available to ensure security or safety.
The responsible supervisor should be advised any time a request for religious accommodation
is denied.
Those who request to wear headscarves or simple head coverings for religious reasons should
generally be accommodated absent unusual circumstances. Head coverings shall be searched
before being worn.
Individuals wearing headscarves or other approved coverings shall not be required to remove them
while in the presence of or while visible to the opposite sex if they so desire. Religious garments
that substantially cover the individual’s head and face may be temporarily removed during the
taking of any photographs.

900.5.7 FIREARMS AND OTHER SECURITY MEASURES

Firearms and other weapons and control devices shall not be permitted in secure areas where
individuals are in custody or are processed. They should be properly secured outside of the secure
area. An exception may occur only during emergencies, upon approval of a supervisor.
All perimeter doors to secure areas shall be kept locked at all times, except during routine cleaning,
when no individuals in custody are present or in the event of an emergency, such as an evacuation.

900.5.8 REPORTING PHYSICAL HARM OR SERIOUS THREAT OF PHYSICAL HARM

In addition to a custody log entry, any incident that results in physical harm or serious threat of
physical harm to a member, person in custody or any other person shall be documented as stated
in the Use of Force or On-Duty Injuries policies, or other applicable reporting process. A copy of all
reports generated regarding the above circumstances shall be submitted as soon as reasonably
practicable. The Watch Commander will retain a record of these reports for inspection purposes
(15 CCR 1044).

900.5.9 ATTORNEYS AND BAIL BONDSMEN

(a) An attorney may visit at the request of the individual in custody or a relative (Penal
Code § 825).
(b) Attorneys and bail bondsmen who need to interview an individual in custody should
do so inside a secure interview room.
(c) The individual in custody as well as the attorney or bail bondsman should be searched
for weapons prior to being admitted to the interview room and at the conclusion of
the interview.

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(d) Attorneys must produce a current California Bar card as well as other matching
appropriate identification.
(e) Interviews between attorneys and their clients shall not be monitored or recorded (15
CCR 1068).

900.5.10 DISCIPLINE
Discipline will not be administered to any individual in custody at this facility. Any individual in
custody who repeatedly fails to follow directions or facility rules should be transported to the
appropriate jail, mental health facility or hospital as soon as practicable. Such conduct should be
documented and reported to the receiving facility (15 CCR 1081).

900.6 USE OF RESTRAINT DEVICES

Individuals in custody may be handcuffed in accordance with the Handcuffing and Restraints
Policy. Unless an individual presents a heightened risk, handcuffs should generally be removed
when the person is in a cell.
The use of restraints, other than handcuffs or leg irons, generally should not be used for individuals
in temporary custody at the Oxnard Police Department unless the person presents a heightened
risk, and only in compliance with the Handcuffing and Restraints Policy.
Individuals in restraints shall be kept away from other unrestrained individuals in custody and
monitored to protect them from abuse.

900.6.1 PREGNANT ADULTS

Women who are known to be pregnant should be restrained in accordance with the Handcuffing
and Restraints Policy.

900.7 PERSONAL PROPERTY

The personal property of an individual in temporary custody should be removed, inventoried
and processed as provided in the Custodial Searches Policy unless the individual requests a
different disposition. For example, an individual may request property (i.e. cash, car or house
keys, medications) be released to another person. A request for the release of property to another
person must by made in writing. The release of the property requires the recipient’s signature on
the appropriate form.
All money belonging to the individual and retained by the officer shall be counted in front of the
individual. When possible, the individual should initial the dollar amount on the booking sheet.
Additionally, all money should be placed in a separate envelope and sealed. Negotiable check
or other "keepsake" money (i.e. $2.00 bills) and foreign currency should also be sealed in an
envelope with the amount indicated, but not added to the cash total. Rings and other jewelry of
apparent value or small enough to be easily lost should also be sealed in a small plastic property
bag. All envelopes should clearly indicate the contents on the front. The member sealing it should
place his/her initials across the sealed flap. Should any money be withdrawn or added to the cash
envelope, the officer making such change shall enter the amount below the original entry and

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initial it. The total amount of money in the envelope should always be computed and written on
the outside of the envelope and on the booking form.
No knives of any size, multi-tools or items with a sharp or pointed end will be placed into an
individual’s property for transportation to the Ventura County Pre-Trial Detention Facility. All
knives, multi-tools, and items with a sharp or pointed end are to be booked into Oxnard Police
Department Property as safekeeping.
Property belonging to the individual, but retained by the officer as evidence or safekeeping, shall
be booked according to procedures. The individual shall be advised that such property will be
kept as evidence and, where demanded, the officer will issue the individual a receipt. Such receipt
may be a copy of the Oxnard Police Department Criminal Evidence or Property Form (OPD 55).
It should include the description of the property (but not its value), the case number, date, time,
officer's badge number and signature. Where a receipt is issued, it should be mentioned in the
arrest report.
Upon release of an individual from temporary custody, his/her items of personal property shall
be compared with the inventory, and he/she shall sign a receipt (the back of the Booking Form)
for the properties return. If the individual is transferred to another facility or court, the member
transporting the individual is required to obtain the receiving person's signature as notice of receipt.
If the individual is released to an officer of another agency, all property will be released to that
officer who will be required to verify and sign for the property. The Department shall maintain a
copy of the property receipt.
The Watch Commander shall be notified whenever an individual alleges that there is a shortage or
discrepancy regarding his/her property. The Watch Commander shall attempt to prove or disprove
the claim.

900.8 HOLDING CELLS

A thorough inspection of a cell shall be conducted before placing an individual into the cell to
ensure there are no weapons or contraband and that the cell is clean and sanitary. An inspection
also should be conducted when he/she is released. Any damage noted to the cell should be
photographed and documented.
The following requirements shall apply:
(a) The individual shall be searched (see the Custodial Searches Policy), and anything
that could create a security or suicide risk, such as contraband, hazardous items, belts,
shoes or shoelaces and jackets, shall be removed.
(b) The individual shall constantly be monitored by an audio/video system during the entire
custody.
(c) The individual shall have constant auditory access to [department/office] members.
(d) The individual’s initial placement into and removal from a locked enclosure shall be
logged.

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(e) Safety checks by [department/office] members shall occur no less than every 15
minutes (15 CCR 1027.5).
1. Safety checks should be at varying times.
2. All safety checks shall be logged.
3. The safety check should involve questioning the individual as to his/her well-
being.
4. Individuals who are sleeping or apparently sleeping should be awakened.
5. Requests or concerns of the individual should be logged.

900.9 SUICIDE ATTEMPT, DEATH, OR SERIOUS INJURY

The Field Services Bureau Chief will ensure procedures are in place to address any suicide
attempt, death or serious injury of any individual in temporary custody at the Oxnard Police
Department. The procedures should include the following:
(a) Immediate request for emergency medical assistance if appropriate
(b) Immediate notification of the Watch Commander, Chief of Police and Investigative
Services Bureau Chief
(c) Notification of the spouse, next of kin or other appropriate person
(d) Notification of the appropriate prosecutor
(e) Notification of the City Attorney
(f) Notification of the [Medical Examiner/JOP]
(g) Evidence preservation
(h) In-custody death reviews (15 CCR 1046)
(i) Notification to the Attorney General within 10 days of any death in custody including
any reasonably known facts concerning the death (Government Code § 12525)

900.10 RELEASE AND/OR TRANSFER

When an individual is released or transferred from custody, the member releasing the individual
should ensure the following:
(a) All proper reports, forms and logs have been completed prior to release.
(b) A check has been made to ensure that the individual is not reported as missing and
does not have outstanding warrants.
(c) It has been confirmed that the correct individual is being released or transported.
(d) All property, except evidence, contraband or dangerous weapons, has been returned
to, or sent with, the individual.
(e) All pertinent documentation accompanies the individual being transported to another
facility (e.g., copies of booking forms, medical records, an itemized list of his/her
property, warrant copies).

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(f) The individual is not permitted in any nonpublic areas of the Oxnard Police Department
unless escorted by a member of the [Department/Office].
(g) Any known threat or danger the individual may pose (e.g., escape risk, suicide
potential, medical condition) is documented, and the documentation transported with
the individual if he/she is being sent to another facility.
1. The [department/office] member transporting the individual shall ensure such
risks are communicated to intake personnel at the other facility.
(h) Generally, persons of the opposite sex, or adults and juveniles, should not be
transported in the same vehicle unless they are physically separated by a solid barrier.
If segregating individuals is not practicable, officers should be alert to inappropriate
physical or verbal contact and take appropriate action as necessary.

900.10.1 FORM REQUEST FOR PETITION TO SEAL RECORDS

Upon request, a detained arrestee released from custody shall be provided with the appropriate
Judicial Council forms to petition the court to have the arrest and related records sealed (Penal
Code § 851.91).
The [Department/Office] shall display the required signage that complies with Penal Code § 851.91
advising an arrestee of the right to obtain the Judicial Council forms.

900.11 ASSIGNED ADMINISTRATOR

The Field Services Bureau Chief will ensure any reasonably necessary supplemental procedures
are in place to address the following issues (15 CCR 1029):
(a) General security
(b) Key control
(c) Sanitation and maintenance
(d) Emergency medical treatment (15 CCR 1200)
(e) Escapes
(f) Evacuation plans
(g) Fire- and life-safety, including a fire suppression pre-plan as required by 15 CCR 1032
(h) Disaster plans
(i) Building and safety code compliance
(j) Civil and other disturbances including hostage situations
(k) Periodic testing of emergency equipment
(l) Emergency suspension of Title 15 regulations and notice to the Board of State and
Community Corrections as required in 15 CCR 1012
(m) Inspections and operations reviews
(n) Any other applicable requirements under 15 CCR 1029

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Annual review and evaluation of security measures including internal and external security
measures, sanitation, safety and maintenance (15 CCR 1280).
These supplemental procedures shall be reviewed and updated no less than every two years and
shall be available to all members (15 CCR 1029).

900.12 TRAINING
[Department/Office] members should be trained and familiar with this policy and any supplemental
procedures.
[Department/Office] members responsible for supervising adults in temporary custody shall
complete the Corrections Officer Core Course or eight hours of specialized training within six
months of assignment. Such training shall include but not be limited to the following (15 CCR
1024):
(a) Applicable minimum jail standards
(b) Jail operations liability
(c) Inmate segregation
(d) Emergency procedures and planning, fire safety, and life safety.
(e) Suicide prevention
Eight hours of refresher training shall be completed once every two years (15 CCR 1024).
The Training Sergeant shall maintain records of all such training in the member’s training file.

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902 Oxnard PD Policy Manual

Custodial Searches
902.1 PURPOSE AND SCOPE
This policy provides guidance regarding searches of individuals in custody. Such searches are
necessary to eliminate the introduction of contraband, intoxicants or weapons into the Oxnard
Police Department facility. Such items can pose a serious risk to the safety and security of
department members, individuals in custody, contractors and the public.
Nothing in this policy is intended to prohibit the otherwise lawful collection of evidence from an
individual in custody.

902.1.1 DEFINITIONS
Definitions related to this policy include:
Custody search - An in-custody search of an individual and of his/her property, shoes and
clothing, including pockets, cuffs and folds on the clothing, to remove all weapons, dangerous
items and contraband.
Physical body cavity search - A search that includes a visual inspection and may include
a physical intrusion into a body cavity. Body cavity means the stomach or rectal cavity of an
individual, and the vagina of a female person.
Strip search - A search that requires an individual to remove or rearrange some or all of
his/her clothing to permit a visual inspection of the underclothing, breasts, buttocks, anus or
outer genitalia. This includes monitoring an individual who is changing clothes, where his/her
underclothing, buttocks, genitalia or female breasts are visible.

902.2 POLICY
All searches shall be conducted with concern for safety, dignity, courtesy, respect for privacy and
hygiene, and in compliance with policy and law to protect the rights of those who are subject to
any search.
Searches shall not be used for intimidation, harassment, punishment or retaliation.

902.3 FIELD AND TRANSPORTATION SEARCHES

An officer should conduct a custody search of an individual immediately after his/her arrest, when
receiving an individual from the custody of another, and before transporting a person who is in
custody in any department vehicle.
Whenever practicable, a custody search should be conducted by an officer of the same sex as
the person being searched. If an officer of the same sex is not reasonably available, a witnessing
officer should be present during the search.

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902.4 SEARCHES AT POLICE FACILITIES

Custody searches shall be conducted on all individuals in custody, upon entry to the Oxnard
Police Department facilities. Except in exigent circumstances, the search should be conducted by
a member of the same sex as the individual being searched. If a member of the same sex is not
available, a witnessing member must be present during the search.
Custody searches should also be conducted any time an individual in custody enters or re-enters
a secure area, or any time it is reasonably believed that a search is necessary to maintain the
safety and security of the facility.

902.5 STRIP SEARCHES

No individual in temporary custody at any Oxnard Police Department facility shall be subjected to
a strip search unless there is reasonable suspicion based upon specific and articulable facts to
believe the individual has a health condition requiring immediate medical attention or is concealing
a weapon or contraband. Factors to be considered in determining reasonable suspicion include,
but are not limited to:
(a) The detection of an object during a custody search that may be a weapon or
contraband and cannot be safely retrieved without a strip search.
(b) Circumstances of a current arrest that specifically indicate the individual may be
concealing a weapon or contraband.
1. A felony arrest charge or being under the influence of a controlled substance
should not suffice as reasonable suspicion absent other facts.
(c) Custody history (e.g., past possession of contraband while in custody, assaults on
department members, escape attempts).
(d) The individual’s actions or demeanor.
(e) Criminal history (i.e., level of experience in a custody setting).
No transgender or intersex individual shall be searched or examined for the sole purpose of
determining the individual’s genital status. If the individual’s genital status is unknown, it may be
determined during conversations with the person, by reviewing medical records, or as a result of
a broader medical examination conducted in private by a medical practitioner (28 CFR 115.115).

902.5.1 STRIP SEARCH PROCEDURES

Strip searches at Oxnard Police Department facilities shall be conducted as follows (28 CFR
115.115; Penal Code § 4030):
(a) Written authorization from the Watch Commander shall be obtained prior to the strip
search.
(b) All members involved with the strip search shall be of the same sex as the individual
being searched, unless the search is conducted by a medical practitioner.

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(c) All strip searches shall be conducted in a professional manner under sanitary
conditions and in a secure area of privacy so that it cannot be observed by those not
participating in the search. The search shall not be reproduced through a visual or
sound recording.
(d) Whenever possible, a second member of the same sex should also be present during
the search, for security and as a witness to the finding of evidence.
(e) Members conducting a strip search shall not touch the breasts, buttocks or genitalia
of the individual being searched.
(f) The primary member conducting the search shall prepare a written report to include:
1. The facts that led to the decision to perform a strip search.
2. The reasons less intrusive methods of searching were not used or were
insufficient.
3. The written authorization for the search, obtained from the Watch Commander.
4. The name of the individual who was searched.
5. The name and sex of the members who conducted the search.
6. The name, sex and role of any person present during the search.
7. The time and date of the search.
8. The place at which the search was conducted.
9. A list of the items, if any, that were recovered.
10. The facts upon which the member based his/her belief that the individual was
concealing a weapon or contraband.
(g) No member should view an individual's private underclothing, buttocks, genitalia
or female breasts while that individual is showering, performing bodily functions or
changing clothes, unless he/she otherwise qualifies for a strip search. However, if
serious hygiene or health issues make it reasonably necessary to assist the individual
with a shower or a change of clothes, a supervisor should be contacted to ensure
reasonable steps are taken to obtain the individual's consent and/or otherwise protect
his/her privacy and dignity.
(h) If the individual has been arrested for a misdemeanor or infraction offense, the written
authorization from the Watch Commander shall include specific and articulable facts
and circumstances upon which the reasonable suspicion determination for the search
was made.
(i) A copy of the written authorization shall be retained and made available upon request
to the individual or the individual's authorized representative. A record of the time,
date, place of the search, the name and sex of the person conducting the search, and

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a statement of the results of the search shall also be retained and made available
upon request to the individual or the individual’s authorized representative.

902.5.2 SPECIAL CIRCUMSTANCE FIELD STRIP SEARCHES

A strip search may be conducted in the field only with Watch Commander authorization and only
in exceptional circumstances, such as when:
(a) There is probable cause to believe that the individual is concealing a weapon or other
dangerous item that cannot be recovered by a more limited search.
(b) There is probable cause to believe that the individual is concealing controlled
substances or evidence that cannot be recovered by a more limited search, and there
is no reasonable alternative to ensure the individual cannot destroy or ingest the
substance during transportation.
These special-circumstance field strip searches shall only be authorized and conducted under the
same restrictions as the strip search procedures in this policy, except that the Watch Commander
authorization does not need to be in writing.

902.6 PHYSICAL BODY CAVITY SEARCH

Physical body cavity searches shall be subject to the following (Penal Code § 4030):
(a) No individual shall be subjected to a physical body cavity search without written
approval of the Watch Commander and only upon a search warrant. A copy of any
search warrant and the results of the physical body cavity search shall be included with
the related reports and made available, upon request, to the individual or authorized
representative (except for those portions of the warrant ordered sealed by a court).
(b) Only a physician, nurse practitioner, registered nurse, licensed vocational nurse or
Emergency Medical Technician Level II licensed to practice in California may conduct
a physical body cavity search.
(c) Except for the physician or licensed medical personnel conducting the search, persons
present must be of the same sex as the individual being searched. Only the necessary
department members needed to maintain the safety and security of the medical
personnel shall be present.
(d) Privacy requirements, including restricted touching of body parts and sanitary
condition requirements, are the same as required for a strip search.
(e) All such searches shall be documented, including:
1. The facts that led to the decision to perform a physical body cavity search of
the individual.
2. The reasons less intrusive methods of searching were not used or were
insufficient.
3. The Watch Commander’s approval.

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4. A copy of the search warrant.

5. The time, date and location of the search.
6. The medical personnel present.
7. The names, sex and roles of any department members present.
8. Any contraband or weapons discovered by the search.
(f) Copies of the written authorization and search warrant shall be retained and shall
be provided to the individual who was searched or other authorized representative
upon request. A record of the time, date, place of the search, the name and sex of
the person conducting the search and a statement of the results of the search shall
also be retained and made available upon request to the individual or the individual’s
authorized representative.

902.7 PHYSICAL BODY CAVITY SEARCH

(a) No person arrested on a misdemeanor or infraction shall be subjected to a body cavity
search without a search warrant (Penal Code § 4030(h)).
(b) A copy of the search warrant and the results of any body cavity search shall be
included with the related reports and made available, upon request, to the arrestee or
authorized representative (Penal Code § 4030(i)).
(c) Only a physician, nurse practitioner, registered nurse, licensed vocational nurse, or
Level II Emergency Medical Technician (EMT) may conduct a physical body cavity
search (Penal Code § 4030(k)).
(d) Except for the above mentioned licensed medical personnel, persons present must
be of the same sex as the person being searched. Privacy requirements, including
restricted touching of body parts, are the same as the strip search standard.

902.8 TRAINING
The Training Sergeant shall ensure members have training that includes (28 CFR 115.115):
(a) Conducting searches of cross-gender individuals.
(b) Conducting searches of transgender and intersex individuals.
(c) Conducting searches in a professional and respectful manner, and in the least
intrusive manner possible, consistent with security needs.

902.9 TRAINING
Employees shall have training in, at a minimum (28 CFR § 115.115):
(a) Conducting searches properly in a professional and respectful manner and in the least
intrusive manner possible, consistent with security needs.

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(b) Conducting cross-gender searches.

(c) Conducting searches of transgender and intersex prisoners.

902.10 BODY SCANNER SEARCH

If a body scanner is available, a body scan search should be performed on all inmates/arrestees
upon entering the secure booking area of the facility. Members (Penal Code § 4030):
(a) Within sight of the visual display of a body scanner that is depicting the body during
a scan shall be of the same sex as the person being scanned, except for physicians
or licensed medical personnel.
(b) Should ask female inmates if they are pregnant prior to a body scan and should not
knowingly use a body scanner on a woman who is pregnant.

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 Policy Oxnard Police Department
903 Oxnard PD Policy Manual

Medical Treatment and Transportation of Injured/

Ill Arrestees
903.1 PURPOSE AND SCOPE
Consistent medical treatment and emergency transportation of persons in custody is necessary
to ensure that arrestees are properly cared for, personnel are not unduly delayed in returning to
duty, and allied agencies are not adversely impacted by department actions.

903.2 INJURIES OR ILLNESSES WHILE IN CUSTODY

Any arrestee who becomes ill or injured while in custody at the Oxnard Jail will be given immediate
first aid. The Watch Commander will be summoned and will determine if emergency medical
services will be dispatched to the Oxnard Jail or if transportation to a medical facility will be made
by police personnel. Unless otherwise directed by the Watch Commander, injured or ill arrestees
are the responsibility of the arresting officer.

903.2.1 FIELD TRANSPORTATION OF ARRESTEES BY OFFICERS

Injured, ill, gravely disabled, suicidal, or combative arrestees that are not in need of immediate
emergency medical care shall be transported directly from the field to the Ventura County Medical
Center for treatment/medical clearance and shall thereafter be booked into the Ventura County
Jail. Examples include but are not limited to, arrestees injured during altercations, traffic collisions
or less-lethal device deployment.

903.2.2 TRANSPORTATION OF ARRESTEES BY AMBULANCE

Transportation by ambulance of persons in custody is sometimes a medical necessity. Officers
are responsible for the safety of the arrestee and the ambulance crew. If a person under arrest
must be transported by ambulance due to an immediate need for emergency medical care, the
arresting officer will accompany the arrestee in the ambulance unless otherwise approved by a
field supervisor or the Watch Commander. Handcuffing an arrestee to the ambulance gurney in
lieu of an officer riding in the ambulance is not an acceptable alternative.

903.3 MEDICAL CLEARANCE OF ARRESTEES

(a) Arrestees requiring a medical clearance prior to booking into the Ventura County Jail
must be transported to St. John's Regional Medical Center or Ventura County Medical
Center for this purpose. Emergency medical services (fire or ambulance) personnel
are not authorized to perform this service.
(b) One copy each of the emergency room discharge instructions (usually one page) and
the emergency room chart (one to three pages or more) will accompany all booking
forms to the Ventura County Jail. A second copy of the discharge instructions will be
filed with Oxnard Police booking records. The Police Department is prohibited from
possessing any other medical records or emergency room chart information.

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(c) Arrestees generally have the right to refuse medical treatment. Such a refusal will
be noted by emergency room personnel on the appropriate medical form. However,
prisoners will not be booked into the Ventura County Jail when he/she refuses to sign
the medical form without a medical clearance.

903.3.1 FINANCIAL RESPONSIBILITY FOR MEDICAL TREATMENT

(a) Generally, arrestees are responsible for all medical bills incurred during their arrest.
(b) All pre-booking medical bills will be forwarded to the Special Projects Commander for
review to determine financial responsibility for the suspect's treatment.
(c) Officers shall not request the release of an inmate from custody for the purpose of
allowing the inmate to seek medical care at a hospital, and then immediately re-arrest
the same individual upon discharge from the hospital, unless the hospital determines
this action would enable it to bill and collect from a third-party payment source.

903.4 NON-AMBULATORY ARRESTEES

(a) All persons who require devices such as wheelchairs, gurneys, or who rely upon
crutches or prosthetics for mobility are not to be transported to the Oxnard Jail and
will be booked directly into Ventura County Jail.
(b) Arrestees with altered levels of consciousness, including intoxicated persons unable
to stand on their own, must be medically cleared prior to being booked directly into
the Ventura County Jail.

903.5 MEDICAL SCREENING FORM

Upon arrival at the Oxnard Jail, the arresting officer will accurately complete a medical screening
form on every person arrested. The arresting officer will submit the completed medical screening
form to the on-duty booking officer as soon as practical. The on-duty Watch Commander and
booking officer must be immediately notified of any arrestee injury, complaint of pain, or suicidal
condition. The completed booking sheet and medical screening form require the review and
approval by the Watch Commander.

903.6 ARRESTEE ACCEPTANCE BY VENTURA COUNTY SHERIFF

(a) Effective October 15, 2000, the new booking policy of violent arrestees is enforced
by the Federal Court.
(b) The Ventura County Sheriff's policy states that whenever a violent inmate who has
physically demonstrated a present intent to cause physical harm to self or others is
delivered to the Ventura County Sheriff's Department for booking, the arresting agency
will be required to obtain a medical clearance from the Ventura County Medical Center.
In all cases, both medical personnel and the jail watch commander must agree than
an inmate is acceptable to book.

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903.7 RESTRAINED ARRESTEES

If an arrestee is transported to the Ventura County Jail in a BodyGuard Restraining System, a
medical clearance is required. Removing said restraining devices while en route to or prior to
entering the County Jail does not preclude this medical clearance requirement.

903.8 CITE/RELEASE OF INJURED/ILL ARRESTEES

If medical treatment of an arrestee is prolonged or if the arrestee is to be admitted to the hospital
for treatment, with the permission of the Watch Commander, the arresting officer may prepare
a Notice to Appear for the offenses alleged. If the arrestee is incapable of signing the Notice
to Appear, the officer will write "Unable to Sign" on the signature line and will leave a copy of
the Notice to Appear with the arrestee's belongings at the hospital. The Charge Nurse must be
contacted prior to leaving the hospital.

903.9 IN-HOSPITAL TRANSFER OF CUSTODY

On occasion, arrestees under arrest for serious felony crimes cannot be released on a Notice to
Appear or released pursuant to Penal Code § 849. If an arrestee is to be admitted to the hospital,
the Watch Commander will notify the Ventura County Jail Watch Commander and will arrange
for an orderly transfer of custody to the Sheriff. In some instances, Oxnard Police Department
personnel may have to maintain the watch.

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 Policy Oxnard Police Department
904 Oxnard PD Policy Manual

Prison Rape Elimination

904.1 PURPOSE AND SCOPE
This policy provides guidance for complying with the Prison Rape Elimination Act of 2003 (PREA)
and the implementing regulation that establishes standards (PREA Rule) to prevent, detect, and
respond to sexual abuse, harassment, and retaliation against detainees or prisoners in the Oxnard
Police Department Temporary Holding Facilities (28 CFR 115.111; 15 CCR 1029).

904.1.1 DEFINITIONS
Definitions related to this policy include:
Intersex - A person whose sexual or reproductive anatomy or chromosomal pattern does not seem
to fit typical definitions of male or female. Intersex medical conditions are sometimes referred to
as disorders of sex development (28 CFR 115.5).
Sexual abuse - Any of the following acts, if the detainee does not consent, is coerced into such
act by overt or implied threats of violence or is unable to consent or refuse (28 CFR 115.6; 15
CCR 1006):
• Contact between the penis and the vulva or the penis and the anus, including
penetration, however slight
• Contact between the mouth and the penis, vulva, or anus
• Penetration of the anal or genital opening of another person, however slight, by a
hand, finger, object, or other instrument
• Any other intentional touching, either directly or through the clothing, of the genitalia,
anus, groin, breast, inner thigh, or the buttocks of another person, excluding contact
incidental to a physical altercation
Sexual abuse also includes abuse by a staff member, contractor, or volunteer as follows, with or
without consent of the detainee, prisoner, or resident:
• Contact between the penis and the vulva or the penis and the anus, including
penetration, however slight
• Contact between the mouth and the penis, vulva, or anus
• Contact between the mouth and any body part where the staff member, contractor, or
volunteer has the intent to abuse, arouse, or gratify sexual desire
• Penetration of the anal or genital opening, however slight, by a hand, finger, object,
or other instrument, that is unrelated to official duties, or where the staff member,
contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire
• Any other intentional contact, either directly or through the clothing, of or with the
genitalia, anus, groin, breast, inner thigh, or the buttocks, that is unrelated to official
duties, or where the staff member, contractor, or volunteer has the intent to abuse,
arouse, or gratify sexual desire

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• Any attempt, threat, or request by a staff member, contractor, or volunteer to engage

in the activities described above
• Any display by a staff member, contractor, or volunteer of his/her uncovered genitalia,
buttocks, or breast in the presence of a detainee, prisoner, or resident
• Voyeurism by a staff member, contractor, or volunteer
Sexual harassment - Repeated and unwelcome sexual advances; requests for sexual favors;
verbal comments, gestures, or actions of a derogatory or offensive sexual nature by one detainee,
prisoner, or resident that are directed toward another; repeated verbal comments or gestures of
a sexual nature to a detainee, prisoner, or resident by a staff member, contractor, or volunteer,
including demeaning references to gender, sexually suggestive or derogatory comments about
body or clothing, or obscene language or gestures (28 CFR 115.6; 15 CCR 1006).
Transgender - A person whose gender identity (i.e., internal sense of feeling male or female) is
different from the person’s assigned sex at birth (28 CFR 115.5).

904.2 POLICY
The Oxnard Police Department has zero tolerance toward all forms of sexual abuse and sexual
harassment (28 CFR 115.111). The [Department/Office] will not tolerate retaliation against any
person who reports sexual abuse or sexual harassment or who cooperates with a sexual abuse
or sexual harassment investigation.
The Oxnard Police Department will take immediate action to protect detainees and prisoners who
are reasonably believed to be subject to a substantial risk of imminent sexual abuse (28 CFR
115.162; 15 CCR 1029).

904.3 PREA COORDINATOR

The Chief of Police shall appoint an upper-level manager with sufficient time and authority to
develop, implement, and oversee [department/office] efforts to comply with PREA standards
in the Oxnard Police Department Temporary Holding Facilities (28 CFR 115.111). The PREA
Coordinator’s responsibilities shall include:
(a) Developing and maintaining procedures to comply with the PREA Rule.
(b) Ensuring that any contract for the confinement of detainees or prisoners includes the
requirement to adopt and comply with applicable PREA standards and the PREA Rule,
including the obligation to provide incident-based and aggregated data, as required in
28 CFR 115.187 (28 CFR 115.112).
(c) Developing a staffing plan to provide adequate levels of staffing and video monitoring,
where applicable, in order to protect detainees and prisoners from sexual abuse (28
CFR 115.113; 15 CCR 1029). This includes documenting deviations and the reasons
for deviations from the staffing plan, as well as reviewing the staffing plan a minimum
of once per year.
(d) Developing methods for staff to privately report sexual abuse and sexual harassment
of detainees and prisoners (28 CFR 115.151).

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(e) Developing a written plan to coordinate response among staff first responders, medical
and mental health practitioners, investigators, and [department/office] leadership to
an incident of sexual abuse (28 CFR 115.165).
(f) Ensuring a protocol is developed for investigating allegations of sexual abuse in the
Temporary Holding Facility. The protocol shall include (28 CFR 115.121; 28 CFR
115.122):
1. Evidence collection practices that maximize the potential for obtaining usable
physical evidence based on the most recent edition of the U.S. Department
of Justice’s (DOJ) Office on Violence Against Women publication, “A
National Protocol for Sexual Assault Medical Forensic Examinations, Adults/
Adolescents” or a similarly comprehensive and authoritative protocol.
2. A process to ensure a criminal or administrative investigation is completed on
all allegations of sexual abuse or sexual harassment.
3. A process to document all referrals to other law enforcement agencies.
4. Access to forensic medical examinations, without financial cost, for all victims
of sexual abuse where appropriate. Such examinations shall be performed
by Sexual Assault Forensic Examiners (SAFEs) or Sexual Assault Nurse
Examiners (SANEs) where possible. If SAFEs or SANEs cannot be made
available, the examination can be performed by other qualified medical
practitioners. The efforts to provide SAFEs or SANEs shall be documented.
5. In accordance with security needs, provisions to permit, to the extent available,
detainee and prisoner access to victim advocacy services if the detainee or
prisoner is transported for a forensic examination to an outside hospital that
offers such services.
(g) Ensuring that detainees and prisoners with limited English proficiency and disabilities
have an equal opportunity to understand and benefit from efforts to prevent, detect,
and respond to sexual abuse and sexual harassment. This includes, as appropriate,
access to interpreters and written materials in formats or through methods that
provide effective communication to those with disabilities (e.g., limited reading skills,
intellectual, hearing, or vision disabilities) (28 CFR 115.116).
1. The agency shall not rely on other detainees or prisoners for assistance except
in limited circumstances where an extended delay in obtaining an interpreter
could compromise the detainee’s or prisoner’s safety, the performance of first-
response duties under this policy, or the investigation of a prisoner’s allegations
of sexual abuse, harassment, or retaliation.
(h) Publishing on the [department/office]’s website:
1. Information on how to report sexual abuse and sexual harassment on behalf of
a detainee or prisoner (28 CFR 115.154).
2. A protocol describing the responsibilities of the [Department/Office] and any
other investigating agency that will be responsible for conducting sexual abuse
or sexual harassment investigations (28 CFR 115.122).

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(i) Establishing a process that includes the use of a standardized form and set of
definitions to ensure accurate, uniform data is collected for every allegation of sexual
abuse at facilities under this agency’s direct control (28 CFR 115.187; 34 USC §
30303; 15 CCR 1041).
1. The data collected shall include, at a minimum, the data necessary to answer
all questions from the most recent version of the Survey of Sexual Violence,
conducted by DOJ, or any subsequent form developed by DOJ and designated
for lockups.
2. The data shall be aggregated at least annually.
(j) Ensuring audits are conducted pursuant to 28 CFR 115.401 through 28 CFR 115.405
for all Temporary Holding Facilities used to house detainees or prisoners overnight
(28 CFR 115.193).
(k) Ensuring contractors or others who work in the Temporary Holding Facility are
informed of the agency’s zero-tolerance policy regarding sexual abuse and sexual
harassment (28 CFR 115.132).
(l) Ensuring that information for uninvolved inmates, family, community members, and
other interested third parties to report sexual abuse or sexual harassment is publicly
posted at the facility (15 CCR 1029).

904.4 REPORTING SEXUAL ABUSE, HARASSMENT, AND RETALIATION

Detainees or prisoners may make reports to any staff member verbally, in writing, privately, or
anonymously of any of the following (28 CFR 115.151; 15 CCR 1029):
• Sexual abuse
• Sexual harassment
• Retaliation by other detainees or prisoners or staff for reporting sexual abuse or sexual
harassment
• Staff neglect or violation of responsibilities that may have contributed to sexual abuse
or sexual harassment
During intake the [Department/Office] shall notify all detainees and prisoners of the zero-tolerance
policy regarding sexual abuse and sexual harassment, and of at least one way to report abuse
or harassment to a public or private entity that is not part of the [Department/Office] and that is
able to receive and immediately forward detainee or prisoner reports of sexual abuse and sexual
harassment to agency officials. This allows the detainee or prisoner to remain anonymous (28
CFR 115.132; 28 CFR 115.151).

904.4.1 MEMBER RESPONSIBILITIES

[Department/Office] members shall accept reports from detainees, prisoners and third parties and
shall promptly document all reports (28 CFR 115.151; 15 CCR 1029).
All members shall report immediately to the Watch Commander any knowledge, suspicion, or
information regarding:

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(a) An incident of sexual abuse or sexual harassment that occurs in the Temporary
Holding Facility.
(b) Retaliation against detainees or the member who reports any such incident.
(c) Any neglect or violation of responsibilities on the part of any [department/office]
member that may have contributed to an incident or retaliation (28 CFR 115.161).
No member shall reveal any information related to a sexual abuse report to anyone other than to
the extent necessary to make treatment and investigation decisions.

904.4.2 WATCH COMMANDER RESPONSIBILITIES

The Watch Commander shall report to the [department/office]’s designated investigators all
allegations of sexual abuse, harassment, retaliation, neglect or violations leading to sexual abuse,
harassment or retaliation. This includes third-party and anonymous reports (28 CFR 115.161).
If the alleged victim is under the age of 18 or considered a vulnerable adult, the Watch Commander
shall also report the allegation as required under mandatory reporting laws and [department/office]
policy.
Upon receiving an allegation that a detainee or prisoner was sexually abused while confined
at another facility, the Watch Commander shall notify the head of the facility or the appropriate
office of the agency where the alleged abuse occurred. The notification shall be made as soon
as possible but no later than 72 hours after receiving the allegation. The Watch Commander shall
document such notification (28 CFR 115.163).
If an alleged detainee or prisoner victim is transferred from the Temporary Holding Facility to a jail,
prison or medical facility, the [Department/Office] shall, as permitted by law, inform the receiving
facility of the incident and the prisoner’s potential need for medical or social services, unless the
prisoner requests otherwise (28 CFR 115.165).

904.5 INVESTIGATIONS
The [Department/Office] shall promptly, thoroughly and objectively investigate all allegations,
including third-party and anonymous reports, of sexual abuse or sexual harassment. Only
investigators who have received [department/office]-approved special training shall conduct
sexual abuse investigations (28 CFR 115.171).

904.5.1 ADMINISTRATIVE INVESTIGATIONS

Administrative investigations shall include an effort to determine whether staff actions or failures
to act contributed to the abuse. The departure of the alleged abuser or victim from the employment
or control of this [department/office] shall not be used as a basis for terminating an investigation
(28 CFR 115.171).

904.5.2 SEXUAL ASSAULT AND SEXUAL ABUSE VICTIMS

No individual who alleges sexual abuse shall be required to submit to a polygraph examination or
other truth-telling device as a condition for proceeding with the investigation of such an allegation
(28 CFR 115.171(e)).

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Individual victims of sexual abuse shall receive timely, unimpeded access to emergency medical
treatment. Treatment services shall be provided to the victim without financial cost and regardless
of whether the victim names the abuser or cooperates with any investigation arising out of the
incident (28 CFR 115.182).

904.5.3 CONCLUSIONS AND FINDINGS

All completed investigations shall be forwarded to the Chief of Police, or if the allegations may
reasonably involve the Chief of Police, to the City Manager. The Chief of Police or City Manager
shall review the investigation and determine whether any allegations of sexual abuse or sexual
harassment have been substantiated by a preponderance of the evidence (28 CFR 115.172).
All personnel shall be subject to disciplinary sanctions up to and including termination for violating
this policy. Termination shall be the presumptive disciplinary sanction for [department/office]
members who have engaged in sexual abuse. All discipline shall be commensurate with the nature
and circumstances of the acts committed, the member’s disciplinary history and the sanctions
imposed for comparable offenses by other members with similar histories (28 CFR 115.176).
All terminations for violations of this policy, or resignations by members who would have been
terminated if not for their resignation, shall be criminally investigated unless the activity was clearly
not criminal and reported to any relevant licensing body (28 CFR 115.176).
Any contractor or volunteer who engages in sexual abuse shall be prohibited from contact with
detainees or prisoners and reported to any relevant licensing bodies (28 CFR 115.177). The Chief
of Police shall take appropriate remedial measures and consider whether to prohibit further contact
with detainees or prisoners by a contractor or volunteer.

904.6 RETALIATION PROHIBITED

All individuals and members who report sexual abuse or sexual harassment or who cooperate
with sexual abuse or sexual harassment investigations shall be protected from retaliation (28
CFR 115.167). If any other individual who cooperates with an investigation expresses a fear of
retaliation, appropriate measures shall be taken to protect that individual.

904.7 REVIEWS AND AUDITS

904.7.1 INCIDENT REVIEWS

An incident review shall be conducted at the conclusion of every sexual abuse investigation, unless
the allegation has been determined to be unfounded. The review should occur within 30 days
of the conclusion of the investigation. The review team shall include upper-level management
officials and seek input from line supervisors and investigators (28 CFR 115.186).
The review shall (28 CFR 115.186):

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(a) Consider whether the allegation or investigation indicates a need to change policy or
practice to better prevent, detect or respond to sexual abuse.
(b) Consider whether the incident or allegation was motivated by race; ethnicity; gender
identity; lesbian, gay, bisexual, transgender or intersex identification, status or
perceived status; gang affiliation; or was motivated or otherwise caused by other group
dynamics at the facility.
(c) Examine the area in the facility where the incident allegedly occurred to assess
whether physical barriers in the area may enable abuse.
(d) Assess the adequacy of staffing levels in that area during different shifts.
(e) Assess whether monitoring technology should be deployed or augmented to
supplement supervision by staff.
The review team shall prepare a report of its findings, including any determinations made pursuant
to this section and any recommendations for improvement. The report shall be submitted to the
Chief of Police and the PREA Coordinator. The Chief of Police or the authorized designee shall
implement the recommendations for improvement or shall document the reasons for not doing so
(28 CFR 115.186).

904.7.2 DATA REVIEWS

The facility shall conduct an annual review of collected and aggregated incident-based sexual
abuse data. The review should include, as needed, data from incident-based documents, including
reports, investigation files and sexual abuse incident reviews (28 CFR 115.187).
The purpose of these reviews is to assess and improve the effectiveness of sexual abuse
prevention, detection and response policies, practices and training. An annual report shall be
prepared that includes (28 CFR 115.188):
(a) Identification of any potential problem areas.
(b) Identification of any corrective actions taken.
(c) Recommendations for any additional corrective actions.
(d) A comparison of the current year’s data and corrective actions with those from prior
years.
(e) An assessment of the [Department/Office]’s progress in addressing sexual abuse.
The report shall be approved by the Chief of Police and made readily available to the public
through the [department/office] website or, if it does not have one, through other means. Material
may be redacted from the reports when publication would present a clear and specific threat to
the safety and security of the Temporary Holding Facility. However, the nature of the redacted
material shall be indicated.
All aggregated sexual abuse data from Oxnard Police Department facilities and private facilities
with which it contracts shall be made readily available to the public at least annually through
the [department/office] website or, if it does not have one, through other means. Before making

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aggregated sexual abuse data publicly available, all personal identifiers shall be removed (28 CFR
115.189).

904.8 RECORDS
The [Department/Office] shall retain all written reports from administrative and criminal
investigations pursuant to this policy for as long as the alleged abuser is held or employed by
the [Department/Office], plus five years (28 CFR 115.171).
All other data collected pursuant to this policy shall be securely retained for at least 10 years
after the date of the initial collection unless federal, state or local law requires otherwise (28 CFR
115.189).

904.9 TRAINING
All employees, volunteers and contractors who may have contact with detainees or prisoners shall
receive [department/office]-approved training on the prevention and detection of sexual abuse and
sexual harassment within this facility. The Training Sergeant shall be responsible for developing
and administering this training as appropriate, covering at a minimum (28 CFR 115.131):
• The [Department/Office]’s zero-tolerance policy and the right of detainees and
prisoners to be free from sexual abuse and sexual harassment, and from retaliation
for reporting sexual abuse or harassment.
• The dynamics of sexual abuse and harassment in confinement settings, including
which detainees and prisoners are most vulnerable.
• The right of detainees, prisoners and staff members to be free from sexual abuse and
sexual harassment, and from retaliation for reporting sexual abuse or harassment.
• Detecting and responding to signs of threatened and actual abuse.
• Communicating effectively and professionally with all detainees and prisoners.
• Compliance with relevant laws related to mandatory reporting of sexual abuse to
outside authorities.
Investigators assigned to sexual abuse investigations shall also receive training in conducting
such investigations in confinement settings. Training should include (28 CFR 115.134):
• Techniques for interviewing sexual abuse victims.
• Proper use of Miranda and Garrity warnings.
• Sexual abuse evidence collection in confinement settings.
• Criteria and evidence required to substantiate a case for administrative action or
prosecution referral.
The Training Sergeant shall maintain documentation that employees, volunteers, contractors
and investigators have completed required training and that they understand the training. This
understanding shall be documented through individual signature or electronic verification.

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All current employees and volunteers who may have contact with detainees or prisoners shall be
trained within one year of the effective date of the PREA standards. The agency shall provide
annual refresher information to all such employees and volunteers to ensure that they understand
the current sexual abuse and sexual harassment policies and procedures.

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Chapter 10 - Personnel

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1000 Oxnard PD Policy Manual

Recruitment and Selection

1000.1 PURPOSE AND SCOPE
This policy provides a framework for employee recruiting efforts and identifying job-related
standards for the selection process. This policy supplements the rules that govern employment
practices for the Oxnard Police Department and that are promulgated and maintained by
the Department of Human Resources.

1000.2 POLICY
In accordance with applicable federal, state and local law, the Oxnard Police Department provides
equal opportunities for applicants and employees, regardless of race, gender expression, age,
pregnancy, religion, creed, color, national origin, ancestry, physical or mental handicap, genetic
information, veteran status, marital status, sex or any other protected class or status. The
Department does not show partiality or grant any special status to any applicant, employee or
group of employees unless otherwise required by law.
The Department will recruit and hire only those individuals who demonstrate a commitment to
service and who possess the traits and characteristics that reflect personal integrity and high
ethical standards.

1000.3 RECRUITMENT
The Administrative Services Bureau Chief should employ a comprehensive recruitment and
selection strategy to recruit and select employees from a qualified and diverse pool of candidates.
The strategy should include:
(a) Identification of racially and culturally diverse target markets.
(b) Use of marketing strategies to target diverse applicant pools.
(c) Expanded use of technology and maintenance of a strong Internet presence. This may
include an interactive department website and the use of department-managed social
networking sites, if resources permit.
(d) Expanded outreach through partnerships with media, community groups, citizen
academies, local colleges, universities and the military.
(e) Employee referral and recruitment incentive programs.
(f) Consideration of shared or collaborative regional testing processes.
The Administrative Services Bureau Chief shall avoid advertising, recruiting and screening
practices that tend to stereotype, focus on homogeneous applicant pools or screen applicants in
a discriminatory manner.
The Department should strive to facilitate and expedite the screening and testing process, and
should periodically inform each candidate of his/her status in the recruiting process.

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1000.4 SELECTION PROCESS

The Department shall actively strive to identify a diverse group of candidates that have in some
manner distinguished themselves as being outstanding prospects. Minimally, the Department
should employ a comprehensive screening, background investigation and selection process that
assesses cognitive and physical abilities and includes review and verification of the following:
(a) A comprehensive application for employment (including previous employment,
references, current and prior addresses, education, military record)
(b) Driving record
(c) Reference checks
(d) Employment eligibility, including U.S. Citizenship and Immigration Services (USCIS)
Employment Eligibility Verification Form I-9 and acceptable identity and employment
authorization documents consistent with Labor Code § 1019.1. This required
documentation should not be requested until a candidate is hired. This does not
prohibit obtaining documents required for other purposes.
(e) Information obtained from public Internet sites
(f) Financial history consistent with the Fair Credit Reporting Act (FCRA) (15 USC § 1681
et seq.)
(g) Local, state and federal criminal history record checks
(h) Polygraph examination (when legally permissible) (Labor Code § 432.2)
(i) Medical and psychological examination (may only be given after a conditional offer
of employment)
(j) Review board or selection committee assessment

1000.4.1 VETERAN’S PREFERENCE

Qualifying veterans of the United States Armed Forces who receive a passing score on an
entrance examination shall be ranked in the top rank of any resulting eligibility list. The veteran’s
preference shall also apply to a widow or widower of a veteran or a spouse of a 100 percent
disabled veteran (Government Code § 18973.1).

1000.5 BACKGROUND INVESTIGATION

Every candidate shall undergo a thorough background investigation to verify his/her personal
integrity and high ethical standards, and to identify any past behavior that may be indicative
of the candidate’s unsuitability to perform duties relevant to the operation of the Oxnard Police
Department (11 CCR 1953).
The narrative report and any other relevant background information shall be shared with the
psychological evaluator. Information shall also be shared with others involved in the hiring process
if it is relevant to their respective evaluations (11 CCR 1953).

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1000.5.1 NOTICES
Background investigators shall ensure that investigations are conducted and notices provided
in accordance with the requirements of the FCRA and the California Investigative Consumer
Reporting Agencies Act (15 USC § 1681d; Civil Code § 1786.16).

1000.5.2 STATE NOTICES

If information disclosed in a candidate’s criminal offender record information (CORI) is the basis
for an adverse employment decision, a copy of the CORI shall be provided to the applicant (Penal
Code § 11105).

1000.5.3 REVIEW OF SOCIAL MEDIA SITES

Due to the potential for accessing unsubstantiated, private or protected information,
the Administrative Services Bureau Chief shall not require candidates to provide passwords,
account information or access to password-protected social media accounts (Labor Code § 980).
The Administrative Services Bureau Chief should consider utilizing the services of an appropriately
trained and experienced third party to conduct open source, Internet-based searches and/or
review information from social media sites to ensure that:
(a) The legal rights of candidates are protected.
(b) Material and information to be considered are verified, accurate and validated.
(c) The Department fully complies with applicable privacy protections and local, state and
federal law.
Regardless of whether a third party is used, the Administrative Services Bureau Chief should
ensure that potentially impermissible information is not available to any person involved in the
candidate selection process.

1000.5.4 DOCUMENTING AND REPORTING

The background investigator shall summarize the results of the background investigation in a
narrative report that includes sufficient information to allow the reviewing authority to decide
whether to extend a conditional offer of employment. The report shall not include any information
that is prohibited from use, including that from social media sites, in making employment decisions.
The report and all supporting documentation shall be included in the candidate’s background
investigation file (11 CCR 1953).

1000.5.5 RECORDS RETENTION

The background report and all supporting documentation shall be maintained for a minimum of
two years and in accordance with the established records retention schedule (Government Code
§ 12946; 11 CCR 1953).

1000.5.6 BACKGROUND INVESTIGATION UPDATE

A background investigation update may, at the discretion of the Chief of Police, be conducted in
lieu of a complete new background investigation on a peace officer candidate who is reappointed

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within 180 days of voluntary separation from the Oxnard Police Department or is transferred to a
different department within the City as provided in 11 CCR 1953(f).

1000.6 DISQUALIFICATION GUIDELINES

As a general rule, performance indicators and candidate information and records shall be
evaluated by considering the candidate as a whole, and taking into consideration the following:
• Age at the time the behavior occurred
• Passage of time
• Patterns of past behavior
• Severity of behavior
• Probable consequences if past behavior is repeated or made public
• Likelihood of recurrence
• Relevance of past behavior to public safety employment
• Aggravating and mitigating factors
• Other relevant considerations
A candidate’s qualifications will be assessed on a case-by-case basis, using a totality-of-the-
circumstances framework.

1000.7 EMPLOYMENT STANDARDS

All candidates shall meet the minimum standards required by state law (Government Code §
1029; Government Code § 1031; 11 CCR 1950 et seq.). Candidates will be evaluated based on
merit, ability, competence and experience, in accordance with the high standards of integrity and
ethics valued by the Department and the community. The California Commission on Peace Officer
Standards and Training (POST) developed a Job Dimensions list, which is used as a professional
standard in background investigations.
Validated, job-related and nondiscriminatory employment standards shall be established for each
job classification and shall minimally identify the training, abilities, knowledge and skills required
to perform the position’s essential duties in a satisfactory manner. Each standard should include
performance indicators for candidate evaluation. The Department of Human Resources should
maintain validated standards for all positions.

1000.7.1 STANDARDS FOR OFFICERS

Candidates shall meet the minimum standards established by POST (Government Code § 1029;
Government Code § 1031; 11 CCR 1950 et seq.):
(a) Free of any felony convictions
(b) Citizen of the United States, or permanent resident alien eligible for and has applied
for citizenship

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(c) At least 18 years of age

(d) Fingerprinted for local, state and national fingerprint check
(e) Good moral character as determined by a thorough background investigation (11 CCR
1953)
(f) High school graduate, passed the GED or other high school equivalency test or
obtained a two year, four year or advanced degree from an accredited or approved
institution
(g) Free from any physical, emotional or mental condition which might adversely affect
the exercise of police powers (11 CCR 1954; 11 CCR 1955)
(h) Candidates must also satisfy the POST selection requirements, including (11 CCR
1950 et seq.):
1. Reading and writing ability assessment (11 CCR 1951)
2. Oral interview to determine suitability for law enforcement service (11 CCR
1952)
In addition to the above minimum POST required standards, candidates may be subjected to
additional standards established by the Department (Penal Code § 13510(d)).

1000.7.2 STANDARDS FOR [DISPATCHER

Candidates shall satisfy the POST selection requirements, including (11 CCR 1956):
(a) A verbal, reasoning, memory and perceptual abilities assessment (11 CCR 1957)
(b) An oral communication assessment (11 CCR 1958)
(c) A medical evaluation (11 CCR 1960)

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1001 Oxnard PD Policy Manual

Evaluation of Employees
1001.1 PURPOSE AND SCOPE
The objective of the evaluation system is to record work performance for both the Department
and the employee giving recognition for good work and providing a guide for improvement where
needed. The employee performance evaluation report is a gauge in measuring performance
and is used for making personnel decisions relating to merit increase, promotion, remediation,
reassignment, discipline, demotion and termination. The report also provides a guide for mutual
work planning and review, and an opportunity to convert general impressions into a more objective
history of work performance based on job standards.

1001.2 POLICY
Employee performance evaluations will be written based on job-related factors specific to the
position occupied by the employee without regard to sex, race, color, or creed. Each evaluation will
cover a specific period and should be based on performance during that period. The employee's
immediate supervisor will complete each evaluation. An employee's immediate supervisor should
consult with other supervisors that are directly familiar with that employee's performance.
All sworn and civilian supervisors shall be sent to a POST-approved supervisory course that
includes training on the completion of performance evaluations within one year of the supervisory
appointment.
Each supervisor should discuss the tasks of the position, standards of performance expected,
and the evaluation rating criteria with each employee at the beginning of the rating period. When
an employee's job performance falls below the established standards of the job, the supervisor
should, as soon as practical, advise the employee in writing in order to provide an opportunity for
the employee to improve performance. The involved employee will be provided the opportunity to
initial any such writing and respond in writing within 30 days, if desired. Failure to meet established
performance standards is justification for an unsatisfactory rating. Rating factors that are not
observed are assumed to be performed at a standard level.

1001.3 EVALUATION FREQUENCY

Employees are evaluated based on the following time lines:
Sworn Employees - Evaluated every 12 months, except officers assigned to patrol who are
evaluated every 6 months.
Civilian Employees - Evaluated every 12 months, except CSOs and TSAs assigned to patrol who
are evaluated every 6 months.
If an employee is transfered from one assignment to another during a rating period, the supervisor
who oversees the employee the majority of the rating period shall ensure that an evaluation is
completed for the employee at the end of the rating period. The evaluation may be completed by
either supervisor individually or as co-raters.

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1001.3.1 RESERVE OFFICER EVALUATIONS

Reserve officer evaluations are covered under Policy Manual § 350.

1001.4 PROBATIONARY EMPLOYEES

Generally, civilian employees are on probation for twelve (12) months from his/her hire date
before being eligible for certification as permanent employees.Civilian employees are continuously
assessed in all performance areas by his/her supervisor until the successful completion of the
probationary period.
Sworn personnel are on probation for twelve (12) months from their date of appointment to Police
Officer I before being eligible for certification as permanent employees. The Chief of Police may
extend the probationary period for an additional six (6) months for a total of eighteen (18) months.
An officer who is in field training is evaluated daily by his/her Field Training Officer.
Probationary officers who have successfully completed field training are continuously assessed
in all performance areas by his/her supervisor until the successful completion of the probationary
period.
Any leave of absence exceeding five (5) working days shall extend the probationary period equal
to the corresponding amount of leave.

1001.5 RATING CRITERIA

A rater who is required to evaluate his/her personnel will utilize the appropriate Employee
Performance Evaluation template. The definition of each rating category is articulated in the
respective evaluation templates.

1001.6 EVALUATION INTERVIEW

When the supervisor has completed the preliminary evaluation, arrangements shall be made for a
private discussion of the evaluation with the employee. If the employee has valid and reasonable
protests of any of the ratings, they should be changed accordingly.
Permanent employees may also write comments in the EMPLOYEE COMMENTS section of the
performance evaluation report.

1001.7 EVALUATION REVIEW

After the supervisor finishes the discussion with the employee, the signed performance evaluation
is forwarded to the rater's supervisor (division commander). The division commander shall review
the evaluation for fairness, impartiality, uniformity, and consistency. The division commander shall
evaluate the supervisor on the quality of ratings given.

1001.8 EVALUATION DISTRIBUTION

The original performance evaluation shall be maintained in the employee's personnel file in the
Professional Standards Division for the tenure of the employee's employment. A copy will be given

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to the employee. For nonsworn employees, a copy will be forwarded to the City Human Resources
Department.

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 Policy Oxnard Police Department
1003 Oxnard PD Policy Manual

Lateral Assignments
1003.1 PURPOSE AND SCOPE
To establish a procedure for the lateral assignment of Police Officer II's, Police Officer III's,
Sergeants, and civilian staff that will broaden their experience and enhance the performance of
the Oxnard Police Department.

1003.1.1 APPLICATION TO BUREAU/ASSIGNMENT

Personnel applying for lateral assignment with the Field Services Bureau apply directly to the
particular lateral assignment. Their assignment length is calculated by the amount of time in this
position.
Personnel applying for lateral assignments within the Investigative Services Bureau and
Administrative Services Bureau are applying primarily to a bureau, and secondly to a specific
position. An officer's lateral assignment term is calculated by the amount of time within the bureau
rather than a particular lateral position.

1003.1.2 INTRA-BUREAU TRANSFERS

The Investigative Services Bureau Chief may transfer personnel in their respective bureaus to
another lateral assignment within the same bureau. Such transfers may be made to address
operational need, officer suitability to the assignment, or performance.
Such transfers do not extend the amount of time that the person will be assigned, since terms are
calculated based upon the individual's entry date into the bureau, unless the term was renewed
due to an open selection process.

1003.2 SELECTION PROCESS FOR LATERAL ASSIGNMENTS

(a) A notice will be posted and distributed that describes the position and any selection
criteria that will be used, such as a demonstration of a skill or completion of a written
exercise. The notice shall be clearly posted for a minimum of ten (10) calendar days,
and shall also be sent to personnel on the Department's email system.
(b) All Police Officer II lateral assignments shall require a minimum of two (2) years of
sworn peace officer experience with at least one (1) year with the Oxnard Police
Department at the application deadline.
(c) Interested applicants shall submit a resume along with a memo expressing their intent
to apply for the position.
(d) All lateral assignment candidates must have the written approval of their current
supervisor to be considered. This approval shall not be viewed as a recommendation
or endorsement, but is limited to their stating that the employee's performance is
acceptable and that he/she meets the assignment's minimum requirements. If a
supervisor declines to approve a candidate, the supervisor shall prepare a written
explanation of the reasons for declining. The candidate may appeal a supervisory
denial to the Bureau Chief.

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(e) The candidates may be interviewed by the Division Commander or an oral panel. The
same questions will be asked of all candidates. Specific inquiries into individual areas
of concern may also be made. Candidates may also be asked to complete a written
exercise or perform a skill-based demonstration of their competency as it pertains to
the specific assignment. Additional phases such as an exam, practical, or other task-
related exercise may be required pursuant to the unit manual or Department policy
governing the specific unit.
(f) The Division Commander will thoroughly evaluate the eligible candidate's work history,
training, experience, disciplinary action, and potential future performance before
recommending a selection to the Bureau Chief, who will select the most qualified
candidate(s).
(g) Eligible candidates may request information on their performance at the conclusion of
the selection process and the basis for the final selection. The Division Commander
or oral board chairperson will provide this information as soon as possible.
(h) Upon the completion of the selection process, a six (6) month eligibility list of the
remaining candidates will be established for SEU/SWAT Police Officer II positions
only. This list will be maintained by the Special Operations Division Commander, and
will be used in the event that additional openings occur for the same position. The
candidates remaining on the list will be considered for any future openings within that
assignment for the six (6) month period of the list.
(i) All other lateral assignments will not have eligibility lists, so each and every open
position will require a new selection process.
(j) In the event that none of the applicants are deemed acceptable or no one applies for
the position, the Chief of Police may appoint someone of his/her choosing. At the end
of one (1) year following the appointment, a new process for the position shall be held.
In the case that none of the applicants are deemed acceptable, they shall be provided
with a written explanation for their disqualification.

1003.3 LENGTH OF ASSIGNMENTS

All lateral assignment terms will be three (3) years. One-year extensions based on performance
may be made for up to two (2) years, for a maximum of five (5) years total. If a supervisor feels
that the employee's performance merits an extension in the lateral assignment, he/she shall draft
a memorandum articulating why an extension should be granted. At minimum, the extended
employee's performance rating must be rated as "Meets Standards." The extension shall be
subject to approval by the Division Commander and Bureau Chief.
While completing an entire term is not required, fulfilling one's commitment to the original
assignment may be a determining factor in future lateral assignment selection processes.
Sergeants within the Professional Standards Division will be assigned by the Chief of Police
and will serve at his/her pleasure. Therefore, these positions will not be subject to the selection
procedures and lengths of assignment set forth in this policy.

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There shall be no limits to the number of terms personnel may serve in a particular lateral
assignment.

1003.4 EXCLUSIONS
Temporary (i.e., less than one year), specially funded, or grant positions will not be subject to the
provisions specified in this policy.
The Chief of Police shall reserve the right to extend any person in a lateral assignment for up to
eighteen (18) additional months.
The procedures for the selection of all lateral assignments set forth within this policy shall
supersede any language covering individual assignments found within those specific unit policies.

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 Policy Oxnard Police Department
1004 Oxnard PD Policy Manual

Seniority
1004.1 PURPOSE AND SCOPE
To establish guidelines for determining seniority for employee classifications within the
Department.

1004.2 SWORN PERSONNEL

(a) Public Safety Trainee, (entry level/no previous experience).
1. There is no seniority with the Public Safety Trainee position due to the fact
that the position is a temporary rank for training and evaluation purposes. The
Public Safety Trainee employee is either promoted out of the position upon
successful completion of the police academy or is terminated for failing to meet
the conditions of probation.
(b) Police Officer I
1. When a Public Safety Trainee successfully completes a police academy, he/
she is then promoted to Police Officer I, and as of this date establishes seniority
within the department.
2. If two or more Public Safety Trainees are promoted to Police Officer I on the
same date, then seniority is determined by the original hiring date, with the earlier
date receiving the greater seniority.
3. If two or more Police Officer I's were hired on the same date, seniority would be
determined by the rank of selection from the hiring eligibility list. In other words,
the order that the officers were selected for employment.
(c) Police Officer II
1. Seniority for Police Officer II is determined at the time of appointment to Police
Officer I.
(d) Police Officer III
1. All Police Officer III's are senior to the ranks below.
2. Police Officer III's obtain seniority on the date of promotion to the rank.
3. If two or more Police Officer III's are promoted on the same date, seniority is
determined in the order of selection from the promotional list. This is regardless
of date of hire with the department.
(e) Sergeants, Commanders and Chiefs
1. Seniority is determined in these positions in the same manner as the Police
Officer III.

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(f) Lateral Entry

1. Officers entering the Department as a lateral police officer will have seniority
established by his/her date of hire.
(g) Change of Assignment
1. Seniority is not lost nor does it change in any way due to a change of assignment.

1004.2.1 CIVILIAN PERSONNEL

Seniority for civilian employees in the Department is established within the respective job
classifications by the employment date of the employee.
(a) When a civilian employee is promoted to a higher level, seniority is established as of
the date of promotion.
(b) When a position is reclassified and results in a promotion for the employee in
that position, then seniority for that employee is established as of the date the
reclassification takes effect.

1004.3 SENIORITY GENERALLY

(a) When any employee moves from one job classification to the next, seniority is
established at the new classification as of the date of appointment.
(b) Any temporary full-time employee filling a permanent position, who becomes a
permanent employee in that position, establishes his/her seniority as of his/her date
of hire as a temporary employee.
(c) When an employee terminates his/her employment and then returns, seniority is lost
and is reestablished as of his/her date of reappointment (City of Oxnard Personnel
Rules and Regulations § VII, Article 6(B)).
(d) In the event of voluntary or involuntary demotion, seniority will be based on the original
seniority date at that level.

1004.4 LEAVE OF ABSENCE WITHOUT PAY

Employees on leave of absence for more than thirty-one (31) consecutive days, excepting military
leave or leave benefiting the City with the approval of the City Manager, during the twelve-month
period preceding his/her anniversary date, shall not be entitled to any salary increases within his/
her range until he/she has worked a number of days equivalent to the period of absence. The
employee will also lose his/her seniority during the same period of time.

1004.5 POLICE OFFICER I/II SCHEDULING

The Patrol Division is scheduled on a "3-12 plan" wherein officers work twelve 12.5 hour days and
one 10 hour payback day in a 28 day period. The patrol shifts are named and currently scheduled
as follows:

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(a) Dayshift is referred to as the "B" shift from 0600 till 1830 hours.
(b) Evening shift is referred to as the "C" shift from 1300 hours till 0130 hours, Sunday
through Thursday, and 1400 hours till 0230 hours, Friday and Saturday.
(c) Morning Shift is referred to as the "A" shift from 1800 hours till 0630 hours.
(d) The calendar year is divided into two patrol deployment periods:
1. January to June (Cycle 1 to Cycle 6).
2. July to December (Cycle 7 to Cycle 13).
Shift scheduling will require officers to choose a shift, days off, and beat based on seniority and
availability.
(a) Payback days will be scheduled adjacent to work days but may later be adjusted to
accommodate training or mandatory deployments (i.e. July 4th and December 31st).
During the month of May and November, the shift selection supervisor will notify sworn officers
via electronic mail of the upcoming shift selection. This notification will include:
(a) Seniority ranking of the officers.
(b) The procedure for shift selection.
(c) The procedures for processing leave requests taken during shift selection.
(d) Approximate date scheduling will begin and any deadlines.
Officers who are unable to be contacted during shift selection may be assigned to a shift, taking
into consideration the officer's previous shift preferences. Officers may not remain on a shift longer
than two consecutive deployment periods.
(a) If an officer is on a shift longer than five months, they will be deemed to have been
on the shift for the entire period.
(b) The Field Services Bureau Chief may grant an exception.
Should an unforeseen change occur after shift selection has begun, (i.e. an officer leaves the
department or takes a special assignment), those officers who have already chosen a shift will
not be afforded the opportunity to select the shift which becomes available. The next officer who
wants the shift who has not selected a shift will fill the shift that becomes available.
Shift exchanges must be submitted to the Field Services Bureau Chief via the affected patrol
commander.
Transfers:
(a) In the event that a lateral transfer occurs after shift selections have been completed,
the officer returning to the Patrol Division will assume the shift, beat and days off of
the officer who is transferred out of the patrol division.

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(b) If an officer is transferred back to the Patrol Division, and the officer is not replaced,
the patrol commanders will assign the officer a work schedule.
If an officer is expected to be off for an extended period of time at the beginning of a new shift (6
weeks or more), the officer will not be included in shift selection for that rotation period. On return
to full duty, the officer will be assigned to a shift (shift/workdays) based upon staffing needs, while
also keeping in mind the officer's seniority and preferences.
Officers expected to be off for less than 6 weeks from the beginning of the shift will be allowed
to select a shift. The shift selection supervisor will require documentation from the appropriate
person or authority outlining the return-to-work date.
If the extended-leave officer (who was expected to return within 6 weeks from the beginning of the
shift) selects a shift, but does not return within 6-weeks, a relief slot officer may be permanently
assigned to that slot. The purpose is to maintain the continuity of the beat team's Community
Oriented Policing and Problem Solving activities. On eventual return, the extended leave officer
will be accommodated as mentioned above.
For purposes of this policy "Extended Leave" will include, but not be limited to IOD, sick leave,
leave of absence, CFRA, PDL, or FMLA.

1004.6 POLICE OFFICER III SCHEDULING

(a) Police Officer III's assigned to patrol shifts will select their shifts by seniority within
their rank, and will work on day or evening shifts. Thier shift selection will coincide
with Patrol's shift schedules.
(b) Police Officer III's who are primarily assigned to the district team may be placed on a
flex schedule to allow them to address the needs of their assignment.

1004.7 SERGEANT PATROL SCHEDULING

Sergeant scheduling will be by seniority and follow the same guidelines as listed for Patrol Officers.
Selection will be made concurrent to the scheduling of patrol officers.

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 Policy Oxnard Police Department
1005 Oxnard PD Policy Manual

Performance Improvement Plans and

Administrative Review
1005.1 PURPOSE AND SCOPE
All employees are expected to perform in a competent manner in accordance with the values and
mission of the Oxnard Police Department, as well as the policies and procedures of the City of
Oxnard and the Police Department. In furtherance of this policy, the Department established this
procedure whereby certain substandard and/or unacceptable performance can be identified and
an appropriate program of corrective action can be established.

1005.2 PROCEDURE
The objective of this policy is to correct the substandard/unacceptable performance, and restore
the employee to a level of acceptable and competent productivity. In order to accomplish this
objective, this policy has been developed upon the following key criteria:
(a) Identification of the substandard/unacceptable performance/behavior.
(b) Communication of the deficiencies to the employee.
(c) Formal documentation of the deficiency and the expected change(s).
(d) Development of a document which specifies an action plan.

1005.3 INITIAL SUPERVISORY CORRECTIONS

When minor policy infractions and/or performance deficiencies are noted for the first time, verbal
counseling is the preferred method for corrective action.
When repeated policy infractions and/or performance deficiencies are noted, formal counseling
sessions should be initiated. Such counseling sessions should be documented on a Performance
Report.
(a) The counseling session should address each policy infraction and/or performance
deficiency which has been identified and the expected corrective action by the
employee for each one.
(b) The documentation of the counseling session should list each policy infraction and/or
performance deficiency along with the expected corrective action.
Should formal counseling fail to correct the performance deficiency and/or ensure compliance with
policy, a Performance Improvement Plan (PIP) shall be implemented and the behavior may be
referred to the Professional Standards Division.

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1005.4 PERFORMANCE IMPROVEMENT PLAN

PIP's are not intended to be disciplinary in nature and therefore will not be made a part of an
employee's personnel file if the employee successfully completes the plan. Supervisors may
choose to include the details of a PIP in an employee's performance evaluation.
However, occasions may arise in which an employee does not satisfactorily complete the
objectives set forth in the PIP. If an employee fails to successfully complete any part of the
PIP, documentation of sub-standard performance and failure to improve will be forwarded to the
Professional Standards Division and may result in:
(a) Removal from lateral / collateral assignments
(b) Suspension
(c) Demotion
(d) Termination of employment
Failure to successfully complete the PIP will result in the inclusion of the plan documentation in
the employee's personnel file.

1005.4.1 PERFORMANCE IMPROVEMENT PLAN DEVELOPMENT

In the PIP process, the supervisor shall:
(a) Prepare a draft PIP
(b) Forward the draft PIP to their supervisor for approval.
(c) The draft PIP will then be forwarded to the Bureau Chief or designee for approval.
Upon approval, the supervisor shall:
(a) Discuss the draft PIP with the employee, and
(b) Prepare and implement the final version of the PIP.
(c) Complete the final progress report and forward the completed file to the Professional
Standards Commander for review and approval.
Should disciplinary action be necessary, such action will be implemented in accordance with
department policy (See Policy §340).

1005.4.2 PERFORMANCE IMPROVEMENT PLAN DOCUMENT FORMAT

(a) Standard memo headings shall be used:
1. Date
2. To: (Name of the subject employee)
3. From: (Name of the employee's supervisor)
4. Subject: Performance Improvement Plan

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(b) NOTED PERFORMANCE DEFICIENCIES (SECTION HEADER)

1. List each performance standard in which the employee is deficient.
(a) EXAMPLE: "An employee shall be punctual in reporting for duty at the time
and place specified by his/her supervisor."
2. List specific examples in which the employee failed to meet the standard.
(a) EXAMPLE: "On 2/4/10 and 2/8/10, employee was 15 minutes late for
patrol briefing and had no acceptable reason for the tardiness."
3. Repeat this process for each performance standard.
(c) PERFORMANCE IMPROVEMENT PLAN (SECTION HEADER)
(a) This section is a summary of the positive behavior that is expected of the
employee to meet the standards of an acceptable employee.
(b) This section will specifically prescribe what actions the employee will undertake
in accordance with the PIP (e.g. car logs, record all contacts, document use of
time, etc.)
(d) SUPERVISORY ASSISTANCE (SECTION HEADER)
(a) The supervisor will set a review schedule where the supervisor will review the
progress of the employee. Such reviews will be done either weekly or bi-weekly.
(b) The supervisor may direct the employee to obtain training and/or counseling
when appropriate.
(e) DURATION OF PERFORMANCE IMPROVEMENT PLAN (SECTION HEADER)
(a) The supervisor will set the duration of the PIP. Generally, a PIP will last 60-90
days but this time period can be modified for each individual PIP.
(a) Should the employee progress at an accelerated rate, the PIP may be
shortened from the specified time at the discretion of the Supervisor or
Manager.
(f) FAILURE TO SATISFACTORILY COMPLETE PIP (SECTION HEADER)
1. The supervisor shall inform the employee of the consequences that may result
in the event the employee fails to satisfactorily complete the PIP.
(g) SERVED BY ___________________ DATE ____________ EMPLOYEE
SIGNATURE __________________________ DATE ____________

1005.4.3 EMPLOYEE REVIEW

The supervisor shall meet with the employee and address each performance deficiency identified
in the PIP along with the expected corrective behavior.

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(a) The supervisor should emphasize the objectives of the PIP process as outlined in
§1005.2.
(b) The supervisor should advise the employee of the intent of the supervisor to assist
the employee to improve.
(c) The supervisor shall advise the employee of the review process and the schedule for
the review sessions.
(d) The supervisor shall inform the employee of any outside training and/or counseling
that is required as part of the PIP.
(e) The supervisor shall inform the employee of the consequences that may result in the
event the employee fails to satisfactorily complete the PIP.
During the duration of the PIP:
(a) The supervisor will meet in formal counseling sessions with the employee as specified
in the PIP pursuant to §1005.42 (d).
(b) The supervisor shall review the employee's progress as it relates to each identified
performance deficiency.
(c) Each counseling session will be documented in a progress report.

1005.4.4 FINAL REPORT

At the end of the PIP, the supervisor shall prepare a final report regarding the employee's progress.
When the employee successfully completes the program, the final report should reinforce the
improved performance and encourage continued acceptable performance. In the event the
employee does not successfully complete the program, the report should:
(a) Specify those standards the employee failed to achieve and how the employee failed
to do so.
(b) State that the supervisor is recommending that the employee, in the case of a sworn
officer, be placed in Administrative Review (See §1005.5) or that the final report be
forwarded to the Professional Standards Division for possible discipline.
(c) Contain a detailed account of the employee's comments regarding the final report.
The final report along with all follow-up reports and other appropriate documentation
shall be forwarded to the Bureau Chief or designee for review and appropriate action
via the employee's manager.
(d) Copies of all unsuccessfully completed PIP's will be placed in the employee's
personnel file.

1005.5 ADMINISTRATIVE REVIEW

Administrative Review is not the sole method for enhancing training for the retention of personnel.
A wide variety of training methods are available and should not be replaced by this procedure.

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These training methods include seminars, lectures, and special courses that are available to
address a wide spectrum of performance issues. Administrative Review is a process that enables
the Department to ensure that an employee has been given the necessary basic information
needed to perform in their assigned role within the Department.
Assigning an employee to Administrative Review, particularly when it follows or accompanies
disciplinary action, is a serious undertaking. Embarrassment to the employee, an inevitable
outcome of this assignment, is not the intended purpose, and the fact that it accompanies the
assignment is weighed heavily.
The Administrative Review process is a training mechanism reserved for employees that are failing
to respond to corrective measures. This process will generally be reserved for the most basic of
job functions (e.g. patrol and general dispatching) and will not be utilized for more specialized and
lateral assignments.
During Administrative Review, the employee will be assigned to a training officer/dispatcher for
a pre-determined number of four-week periods. Generally, the process will consist of up to three
4-week periods with one final review period. This is subject to change based on each individual
situation. The employee will participate in the process as if he/she was in a field training setting
and all applicable training mechanisms will be utilized (Daily Observation Reports [DOR], Monthly
Reviews, etc.) pursuant to Oxnard Police Department Policy §351.
At the conclusion of the Administrative Review process, if the employee has successfully met
the objectives of the process, the records will be retained in the officer's Training File. If the
employee is unsuccessful in meeting the objectives of the process, the matter will be forwarded
to the Professional Standards Division for review and appropriate action.

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 Policy Oxnard Police Department
1006 Oxnard PD Policy Manual

Early Intervention System

1006.1 PURPOSE AND SCOPE
The purpose of this policy is to maintain an Early Intervention System (EIS). The EIS is a data-
driven system designed to identify employees with potential behavior and/or performance issues.
EIS is also designed as a proactive system to work positively with employees and assist them in
taking corrective actions. Its focus will be on counseling and training.
The EIS will be maintained by the Professional Standards Division Commander. The EIS is
separate from the Department’s formal discipline system. It shall not be used to gather information
for a formal investigation of an employee. No employee shall be disciplined due to placement in
the EIS. EIS status shall not be mentioned in a performance evaluation or be a factor considered
in a promotional or special assignment selection process.

1006.2 EIS INCIDENTS

EIS threshold incidents to be considered shall include the following:
(a) Use of force incidents.
(b) Citizen complaints (sustained and not sustained).
(c) Administrative investigations (sustained and not sustained).
(d) Preventable traffic collisions.
(e) Vehicle pursuits (out of policy).
(f) Critical incidents.
(g) Court FTA’s.
(h) Range FTA’s.
(i) Excessive sick leave.*
(j) Arrests for 148 PC or 69PC with no additional charges.*

*An employee’s supervisor or commander/manager shall be responsible for reporting these issues
to the Professional Standards Division Commander for EIS consideration.

1006.3 GENERAL GUIDELINES

Employees who are involved in more than five (5) threshold incidents within the preceding twelve
(12) months will be identified in the Early Intervention System. The Professional Standards
Division Commander will review the incidents and determine if further action is needed. If no action
is taken, the review will not be documented, nor will the employee be notified. Further action may
include the following:

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(a) The Professional Standards Division Commander will discuss the incidents with the
employee’s commander/manager.
(b) The commander/manager and the employee’s supervisor will conduct a thorough
analysis of each incident to determine common factors that may be the cause of the
underlying issue. A detailed memorandum of the findings will be completed by the
supervisor and returned to the commander/manager for review.
(c) The employee’s commander/manager will meet with the employee’s bureau chief and
the Professional Standards Division Commander to determine if further action will be
taken.
(d) If further action is taken, the employee will meet with his/her commander/manager and
supervisor to discuss the findings and to determine if there are additional issues or
mitigating factors to be considered.
(e) An appropriate action plan will be developed by the commander/manager, supervisor,
and the employee. The action plan shall consist of a recommendation for counseling or
appropriate training. The proposed action plan will be reported back to the employee’s
bureau chief and the Professional Standards Division Commander.
(f) The employee’s commander/manager and the supervisor will meet with the employee
to discuss and implement the action plan.
(g) After the goals of the action plan have been accomplished, a detailed memorandum
by the supervisor shall be completed to document the actions taken and any further
recommendations.
(h) An employee may request to have a peer representative accompany him/her during
the meeting phases of the EIS process.

1006.4 RESPONSIBILITIES
(a) Bureau Chief – Shall be responsible for the review of the initial EIS memorandum
and recommendation, and ensure actionable items are implemented and properly
documented.
(b) Professional Standards Division Commander – Shall be responsible for reviewing
threshold incidents on a monthly basis, communicating findings with the appropriate
commander/manager, and ensuring proper documentation and record keeping during
the EIS process.
(c) Employee's Commander/Manager – Shall be responsible for ensuring the supervisor
conducts a thorough analysis of threshold incidents, that the information is properly
documented, and that actionable items are completed.
(d) Employee's Supervisor – Shall be responsible for conducting and documenting a
thorough analysis of the threshold incidents, working closely with the employee and
his/her commander/manager to identify an appropriate action plan, and documenting
the outcome of the corrective action taken.

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1006.5 DOCUMENTATION
The Professional Standards Division Commander shall be the custodian of records for all EIS
reports and documentation. All documents shall be maintained for five (5) years, at which time
they will be purged, and shall not be released to outside persons without specific approval from the
Chief of Police, the City Attorney, or by a valid court order. EIS files are “Peace Officer Personnel
Records” as defined in Penal Code § 832.7. Any release must comply with California Evidence
Code § 1043 and all other applicable laws. Employees included in the EIS will have the ability to
review and copy documents pertaining to them. Employees shall have the right to review and/
or rebut any EIS record in accordance with California Government Code § 3305, § 3306 and §
3306.5.
At a minimum, the file shall contain a “Threshold Incidents” memorandum completed by the
employee’s supervisor. If counseling or training is recommended, an “Action Plan” and “After
Action” memorandum shall also be completed by the employee’s supervisor.

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 Policy Oxnard Police Department
1007 Oxnard PD Policy Manual

Collateral Assignments
1007.1 PURPOSE AND SCOPE
To establish a procedure for the collateral assignment of Police Officers II's, Police Officer III's,
Sergeants, and civilian staff that will broaden their experience and enhance the performance of
the Oxnard Police Department.

1007.2 SELECTION PROCESS FOR COLLATERAL ASSIGNMENTS

(a) A notice will be posted and distributed that describes the position and any selection
criteria that will be used, such as a demonstration of a skill or completion of a written
exercise. The notice shall be clearly posted for a minimum of ten (10) calendar days,
and shall also be sent to personnel on the Department's email system.
(b) Interested applicants shall submit a memo expressing interest and may be asked to
provide a resume.
(c) All collateral assignment candidates must have the written approval of their current
supervisor to be considered. This approval shall not be viewed as a recommendation
or endorsement, but is limited to their stating that the employee's performance is
acceptable and that he/she meets the assignment's minimum requirements. If a
supervisor declines to approve a candidate, the supervisor shall prepare a written
explanation of the reasons for declining. The candidate may appeal a supervisory
denial to the Bureau Chief.
(d) The candidates may be interviewed by the Division Commander or an oral panel. The
same questions will be asked of all candidates. Specific inquiries into individual areas
of concern may also be made. Candidates may also be asked to complete a written
exercise or perform a skill-based demonstration of their competency as it pertains to
the specific assignment. Additional phases such as an exam, practical, or other task-
related exercise may be required pursuant to the unit manual or department policy
governing the specific unit.
(e) The Division Commander will thoroughly evaluate the eligible candidate's work history,
training, experience, disciplinary action, and potential future performance before
recommending a selection to the Bureau Chief, who will select the most qualified
candidate(s).
(f) Eligible candidates may request information on their performance at the conclusion of
the selection process and the basis for the final selection. The Division Commander
or oral board chairperson will provide this information as soon as possible.
(g) No collateral assignments will maintain eligibility lists, so each and every newly opened
position will require a new selection process.
(h) In the event that none of the applicants are deemed acceptable or no one applies for
the position, the Chief of Police may appoint someone of his/her choosing. At the end
of one (1) year following the appointment, a new process for the position shall be held.
In the case that none of the applicants are deemed acceptable, they shall be provided
with a written explanation for their disqualification.

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1007.3 LENGTH OF ASSIGNMENT

All collateral assignment terms will be three (3) years. One-year extensions based on performance
may be made for up to two (2) years, for a maximum of five (5) years total. There shall be no limit
to the number of terms personnel may serve in a particular collateral assignment.

1007.4 COLLATERAL ASSIGNMENTS

(a) Force Options Unit
(b) Firearms Training (Range)
(c) Driver Instructor
(d) Honor Guard
(e) Crisis Negotiations Team (CNT)
(f) Reserve Officer Coordinator
(g) Explorer Advisor
(h) Peer Support Team (PST)
(i) Academy Instructor
(j) Tactical Dispatcher
(k) Volunteers in Policing Service (VIPS) Coordinator
(l) First Aid/CPR Team
(m) Criminal Intelligence Group (CIG)
(n) Special Weapons and Tactics (SWAT)
(o) Tactical Emergency Medical Services (TEMS)
(p) Mobil Command Post (MCP) Operator
(q) Chaplain Coordinator
(r) Unmanned Aerial Systems Unit
The provisions governing assignments to the Field Training Officer (FTO) Program are outlined
in Policy Manual Section 351.
Commanders assigned to collateral assignments will be selected and appointed by the overseeing
Bureau Chief, and will serve as long as the Bureau Chief sees fit or until a change of assignment
brings change to the program.

1007.5 DUTIES AND RESPONSIBILITIES

Selection to a collateral assignment brings varied levels of responsibility based on the assignment.
Duties may include, but are not limited to:
(a) Fulfilling the responsibilities and expectations related to the collateral assignment.
(b) Attending meetings related to the collateral assignment.

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(c) Appropriate and timely documentation of matters related to the assignment.

(d) Representing the Department at various community and law enforcement functions.
(e) Maintaining the appropriate level of training and/or certification in specialized skills
(diving, firearms, horseback riding, etc.).
(f) Providing varied levels of training to employees.
In addition to the responsibilities outlined above, Sergeants/supervisors assigned to collateral
assignments will also be responsible for the following:
• Appropriate and timely documentation of employee performance.
• Appropriate and timely documentation related to unit performance.
• Safe and efficient operations of the collateral assignment unit.
Failure to fulfill the responsibilities within collateral assignments, and/or unsatisfactory
performance in one's primary assignment, and/or disciplinary action may result in removal from
a collateral assignment. Employees shall be aware that in the event of removal from a collateral
assignment there shall not be a formal appeal process.

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 Policy Oxnard Police Department
1009 Oxnard PD Policy Manual

Audits
1009.1 PURPOSE AND SCOPE
The purpose of this policy is to state the responsibility and authority of the Professional Standards
Division, Audit and Inspections Unit, in regards to conducting audits and inspections.

1009.2 GENERAL INFORMATION

The Professional Standards Division, Audit and Inspections Unit, conducts audits and inspections
within the Department. The Audit and Inspections Unit communicates issues identified in audits
or inspections to the division commander and the assistant police chief of the affected bureau.

1009.3 AUDIT PURPOSE

The purpose of an audit/inspection is to:
(a) Inform management about the operation of a departmental process or function.
(b) Assist managers and supervisors in directing resources toward the accomplishment
of the goals and objectives of the Department.
(c) Assess risks and make recommendations to reduce/eliminate exposure to liability.

1009.4 DETAILED PROCEDURE

All audits/inspections will be conducted as a result of an order from the Chief, an assistant chief, or
a division commander. Requests will be documented within the audit plan by the assigned auditor.
(a) Any commander wishing to have an audit conducted of a division or unit will submit a
written request to the Administrative Services Bureau Chief. Included will be a list of
objectives for the audit (i.e. what questions should the audit seek to answer).
(b) All requests will be evaluated and scheduled by the Professional Standards
Commander based on the need, workload, and availability of the auditor.
Authority:
(a) The Audit and Inspections Unit functions under the authority of the Chief of Police.
(b) The Professional Standards Commander will direct the daily activities of the Audit and
Inspections Unit on behalf of the Chief of Police.
(c) Audit and Inspections Unit personnel may review or assess any departmental policy
or procedure within the scope of the assigned audit or inspection.
Audit and Inspections Unit personnel will seek the facts and information necessary to answer the
objectives of the audit. The auditor will perform the following activities:
(a) Evaluate compliance with rules, regulations, policies and procedures.

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(b) Review departmental processes to determine whether results are consistent with
established goals and objectives.
(c) Objectively assess the quality of performance with regard to assigned responsibilities.
(d) Determine the extent to which department resources are accounted for and evaluate
the safeguards in place that limit the losses of such resources.
Audits shall be based on the Generally Accepted Government Auditing Standards. All audit reports
should contain the following sections:
Purpose - All reports will briefly explain the reason for the audit and identify the organizational
entity requesting the audit, as well as the entity that conducted the audit.
Background/Prior Audits (if applicable) - It may be necessary to briefly explain the
circumstances and conditions that led to the audit. Information regarding prior audits and the status
of the prior audit recommendations should be reflected in this section.
Methodology - An explanation of the procedures utilized to achieve the stated objectives. Includes
information regarding; audit time period, audit population, source documents, audit objectives, etc.
Findings - Findings that support a recommendation should include a reference to the respective
recommendation. No personal opinions should be included in the findings section. The use of
bullets, tables, and graphs, etc., is a good way to convey certain types of findings.
Recommendations/ Actions Taken - This section briefly and clearly states the recommended
corrective action and, when applicable, the organizational entity responsible for implementing the
recommendation. The recommendations must be supported by a finding.
Addenda (Optional) - Documents, charts, graphs, or other supplemental materials that are
referred to in the audit report and will be required by the reader to understand the audit report
should be attached as the addenda.
Audit reports that are longer than four pages in length should include an executive summary.
The purpose of the executive summary is to give the police manager a "quick read" of the
significant material contained within the report. The executive summary should be a separate
section included at the beginning of the audit report.

1009.5 INSPECTIONS
Proactive random inspections will periodically be conducted by the Audit and Inspections Unit.
The Audit and Inspections Unit will brief the assistant chief of the affected bureau regarding the
inspection results.

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 Policy Oxnard Police Department
1010 Oxnard PD Policy Manual

Reporting of Employee Convictions

1010.1 PURPOSE AND SCOPE
Convictions of certain offenses may restrict or prohibit an employee's ability to properly perform
official duties. Therefore, all employees shall be required to promptly notify the Department of any
past and current criminal convictions.
The Personnel and Training Unit shall submit in a timely manner a notice to the Commission on
Peace Officer Standards and Training (POST) of any appointment, termination, reinstatement,
name change or status change regarding any peace officer, reserve peace officer, public safety
dispatcher and records supervisor employed by this department (11 CCR § 1003).
The Personnel and Training Unit shall submit in a timely manner a notice to POST of a felony
conviction or a Government Code § 1029 reason that disqualifies any current peace officer
employed by this department or any former peace officer if this department was responsible for
the investigation (11 CCR § 1003).

1010.2 DOMESTIC VIOLENCE CONVICTIONS, OUTSTANDING WARRANTS AND

RESTRAINING ORDERS
California and federal law prohibit individuals convicted of, or having an outstanding warrant for,
certain offenses and individuals subject to certain court orders from lawfully possessing a firearm.
Such convictions and court orders often involve allegations of the use or attempted use of force or
threatened use of a weapon on any individual in a domestic relationship (e.g., spouse, cohabitant,
parent, child) (18 USC § 922; Penal Code § 29805).
All members are responsible for ensuring that they have not been disqualified from possessing
a firearm by any such conviction or court order and shall promptly report any such conviction or
court order to a supervisor, as provided in this policy.

1010.3 OTHER CRIMINAL CONVICTIONS AND COURT ORDERS

Government Code § 1029 prohibits any person convicted of a felony from being a peace officer
in the State of California. This prohibition applies regardless of whether the guilt was established
by way of a verdict, guilty or nolo contendre plea.
Convictions of certain violations of the Vehicle Code and other provisions of law may also place
restrictions on an employee’s ability to fully perform the duties of the job.
Outstanding warrants as provided in Penal Code § 29805 also place restrictions on a member’s
ability to possess a firearm.
Moreover, while legal restrictions may or may not be imposed by statute or by the courts upon
conviction of any criminal offense, criminal conduct by members of this [department/office] may
be inherently in conflict with law enforcement duties and the public trust.

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1010.4 REPORTING PROCEDURE

All members of this [department/office] and all retired officers with an identification card issued by
the [Department/Office] shall promptly notify their immediate supervisor (or the Chief of Police in
the case of retired officers) in writing of any past or current criminal arrest, outstanding warrant
or conviction regardless of whether or not the matter is currently on appeal and regardless of the
penalty or sentence, if any.
All members and all retired officers with an identification card issued by the [Department/Office]
shall further promptly notify their immediate supervisor (or the Chief of Police in the case of retired
officers) in writing if the member or retiree becomes the subject of a domestic violence restraining
order or similar court order or becomes the subject of an outstanding warrant.
Any member whose criminal conviction unduly restricts or prohibits that member from fully and
properly performing his/her duties may be disciplined including, but not limited to, being placed on
administrative leave, reassignment and/or termination. Any effort to remove such disqualification
or restriction shall remain entirely the responsibility of the member on his/her own time and
expense.
Any member failing to provide prompt written notice pursuant to this policy shall be subject to
discipline.

1010.5 PROCEDURE FOR RELIEF

Pursuant to Penal Code § 29855, a peace officer may petition the court for permission to carry
a firearm following a conviction under state law. Federal law, however, does not provide for any
such similar judicial relief and the granting of a state court petition under Penal Code § 29855
will not relieve one of the restrictions imposed by federal law. Therefore, relief for any employee
falling under the restrictions imposed by federal law may only be obtained by expungement of
the conviction. Each employee shall seek relief from firearm restrictions on their own time and
through his/her own resources.
Pursuant to Family Code § 6389(h), an individual may petition the court for an exemption to any
restraining order, which would thereafter permit the individual to carry a firearm as a part of his/her
employment. Relief from any domestic violence or other restriction shall also be pursued through
the employee's own resources and on the employee's own time.
Pending satisfactory proof of relief from any legal restriction imposed on an employee's duties,
the employee may be placed on administrative leave, reassigned, or disciplined. The Department
may, but is not required to return an employee to any assignment, reinstate any employee, or
reverse any pending or imposed discipline upon presentation of satisfactory proof of relief from
any legal restriction set forth in this policy.

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 Policy Oxnard Police Department
1011 Oxnard PD Policy Manual

Peer Support Team

1011.1 PURPOSE AND SCOPE
The Oxnard Police Department recognizes the value of providing an in-house resource for
employees and their family members to support them in managing both personal and professional
crises. The purpose of this policy is to establish guidelines related to a Peer Support Team (PST)
for Department employees and their families.
The PST provides assistance, support, and resources to employees and direct family members
during difficult times in their personal and professional lives. This program is designed to:
(a) Provide emotional support during and after times of personal or professional crises to
other employees who need assistance;
(b) Provide assistance to members to minimize and lessen the effects of Post Traumatic
Stress after incidents listed below in section 1011.5 (a-h);
(c) Provide ongoing follow-up support;
(d) Promote trust, allow anonymity, and preserve confidentiality for persons using peer
support within the guidelines of the program;
(e) Develop team members who can identify personal conflicts and provide guidance and/
or referrals to an appropriate professional or to alternate resources as assessed or
required; and
(f) Maintain an effective PST through ongoing training and regular scheduled team
meetings.

1011.2 ACCESSING PEER SUPPORT

The PST is available 24 hours a day, 7 days a week to all employees. PST contact information
can be found on the Department's Intranet page via the home page and Peer Support Team tab.

1011.3 CONFIDENTIALITY
The acceptance and success of the PST will be determined greatly by the preservation of
confidentiality. It is imperative each PST member maintain strict confidentiality of all information
learned about an individual within the guidelines of this program.
All PST members will be required to read, understand, and abide by the terms of the
confidentiality agreement. Conversations between PST members and employees are not
privileged communications under the Evidence Code, and may be discovered in litigation.
However the Department will respect the confidentiality of the conversations and PST members
will not be compelled by order to divulge or discuss any dialogue between a team member and
the affected employee, with the following exceptions:
(a) Information concerning child abuse, elder abuse, and/or the commission of a crime.

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(b) The employee or a third party is a danger to themselves or others.

(c) Disclosure has been compelled by a court of competent jurisdiction.
(d) Information that an employee has been a subjected to harassment, discrimination,
retaliation and/or abusive conduct, if a supervisor or manager has received such
information.
If a reportable incident arises, the PST member shall contact the Professional Standards
Commander with any information they receive that indicates that the employee or a third party
is a danger to themselves or others, as well as any information they receive concerning the
commission of a crime.
As required by the City's Policy Against Discrimination, Harassment, and Retaliation and
Department Policy 328, any PST member who is a supervisor or manager and who receives
information that an employee has been subjected to harassment, discrimination, and/or retaliation
will disclose that information to the Professional Standards Commander.

1011.4 TEAM COMPOSITION

The PST is a function of the Professional Standards Division Commander. The leadership
structure of the PST shall be as follows:
(a) Program Coordinator(s) - the program coordinator(s) may be sworn and/or civilian
personnel. The coordinator(s) shall be responsible for the following:
1. Supervision and administrative duties.
2. Coordinating call-outs or utilization.
3. Coordinating training for the team members.
4. Coordinating team meetings.
(b) Team Members - The PST will be comprised of sworn and civilian personnel. These
officers and civilians should have experience in police-related traumatic incidents and
have specialized and ongoing training in assisting fellow employees and their families
in dealing with professional and personal crises.

1011.5 ACTIVATIONS
The PST is intended to be a resource available to the Department in the event of a critical incident
or for personal crisis situations. PST outreach can occur for the following reasons:
(a) Critical events involving police personnel.
(b) infant/child deaths.
(c) Traumatic traffic collisions.
(d) Suicides in which the crime scene is unusually disturbing.
(e) Great bodily harm to officers.

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(f) Natural disasters.

(g) Catastrophic events.
(h) Any incident that is likely to affect the employee's ability to interact with the public or
is a potential officer safety risk.
(i) Referral from a fellow employee.
(j) Self referral.

1011.5.1 ACTIVATION PROCEDURES

(a) For on-duty incidents, the watch commander or a supervisor will call the PST
Coordinator as soon as possible to assess the situation.
1. If critical incident debriefing services are needed or recommended for an on-duty
incident, the PST Coordinator shall consult with the Department Psychologist to
obtain approval for a debriefing of the involved personnel. Upon approval, the
PST members will coordinate the debriefings with the involved personnel.
2. All involved personnel are highly encouraged to attend a one-one or group
debriefing provided by the PST members. Participation is considered strictly
voluntary.
(b) For personal crisis, the individual requesting/reporting may contact any PST member.
1. The PST member shall provide any assistance available.

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 Policy Oxnard Police Department
1012 Oxnard PD Policy Manual

Drug- and Alcohol-Free Workplace

1012.1 PURPOSE AND SCOPE
The purpose of this policy is to establish clear and uniform guidelines regarding drugs and alcohol
in the workplace.

1012.2 POLICY
It is the policy of this [department/office] to provide a drug- and alcohol-free workplace for all
members.

1012.2.1 PURCHASE OR POSSESSION OF DRUGS OR ALCOHOL ON-DUTY

Department employees shall not purchase or possess alcohol or other controlled substances on
city property, at work, or while on-duty except in the performance of a special assignment as
described in this policy.
Department employees shall not illegally manufacture any alcohol or drugs while on-duty, on city
property, or at any other time.

1012.2.2 USE OF PRESCRIBED MEDICATIONS

Any employee who is required to take any medication with side effects which might impair his/her
ability to fully and safely perform all requirements of the position shall report the need for such
medication to his/her immediate supervisor prior to commencing any on-duty status. No employee
shall be permitted to work or drive a department owned or department leased vehicle while taking
such potentially impairing medication without a written release from his/her physician.
Possession of medical marijuana or being under the influence of marijuana on or off-duty is
prohibited and may lead to disciplinary action.

1012.2.3 USE OF MARIJUANA

Employees are reminded that marijuana is a schedule 1 controlled substance under the Federal
Controlled Substances Act and use, sale, or possession of marijuana remains a federal crime (21
U.S.C. Sec. 812(b)(1)).
The policy of this department has been that it does not tolerate the violation of any state or federal
law by employees.Department members are reminded that it is the policy of this department that
employees shall not, on or off duty, ingest or otherwise consume marijuana or marijuana derived
products. This prohibition applies to use of any form of marijuana, including but not limited to
smoking, injecting or eating, by itself or in combination with other products.

1012.3 GENERAL GUIDELINES

Alcohol and drug use in the workplace or on [department/office] time can endanger the health
and safety of [department/office] members and the public. Such use shall not be tolerated (41
USC § 8103).

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Members who have consumed an amount of an alcoholic beverage or taken any medication, or
combination thereof, that would tend to adversely affect their mental or physical abilities shall not
report for duty. Affected members shall notify the Watch Commander or appropriate supervisor
as soon as the member is aware that he/she will not be able to report to work. If the member is
unable to make the notification, every effort should be made to have a representative contact the
supervisor in a timely manner. If the member is adversely affected while on-duty, he/she shall be
immediately removed and released from work (see Work Restrictions in this policy).

1012.4 MEMBER RESPONSIBILITIES

Members shall report for work in an appropriate mental and physical condition. Members
are prohibited from purchasing, manufacturing, distributing, dispensing, possessing or using
controlled substances or alcohol on [department/office] premises or on [department/office] time
(41 USC § 8103). The lawful possession or use of prescribed medications or over-the-counter
remedies is excluded from this prohibition.
Members who are authorized to consume alcohol as part of a special assignment shall not do so
to the extent of impairing on-duty performance.
Members shall notify a supervisor immediately if they observe behavior or other evidence that they
believe demonstrates that a fellow member poses a risk to the health and safety of the member
or others due to drug or alcohol use.
Members are required to notify their immediate supervisors of any criminal drug statute conviction
for a violation occurring in the workplace no later than five days after such conviction (41 USC
§ 8103).

1012.5 EMPLOYEE ASSISTANCE PROGRAM

There may be available a voluntary employee assistance program to assist those who wish to seek
help for alcohol and drug problems (41 USC § 8103). Insurance coverage that provides treatment
for drug and alcohol abuse also may be available. Employees should contact the Department of
Human Resources, their insurance providers or the employee assistance program for additional
information. It is the responsibility of each employee to seek assistance before alcohol or drug
problems lead to performance problems.

1012.5.1 ADDITIONAL SCREENING TESTS FOR OFFICERS

The Department may request an employee to submit to a voluntary screening test if the employee:
(a) Is a law enforcement officer and, during the performance of his/her duties, discharges
a firearm other than by accident.
(b) During the performance of his/her duties, drives a motor vehicle in such a manner as
to cause bodily injury to him/her or another person, or substantial damage to property.

1012.5.2 SCREENING TEST REFUSAL

An employee may be subject to disciplinary action if he/she:

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(a) Fails or refuses to submit to a screening test as requested.

(b) After taking a screening test that indicates the presence of a controlled substance,
fails to provide proof, within 72 hours after being requested by Professional Standards,
that he/she took the controlled substance as directed, pursuant to a current and lawful
prescription issued in his/her name.

1012.6 WORK RESTRICTIONS

If a member informs a supervisor that he/she has consumed any alcohol, drug or medication that
could interfere with a safe and efficient job performance, the member may be required to obtain
clearance from his/her physician before continuing to work.
If the supervisor reasonably believes, based on objective facts, that a member is impaired by the
consumption of alcohol or other drugs, the supervisor shall prevent the member from continuing
work and shall ensure that he/she is safely transported away from the [Department/Office].

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 Policy Oxnard Police Department
1013 Oxnard PD Policy Manual

Respirator Protection Program

1013.1 PURPOSE AND SCOPE
The potential for employee exposure to respiratory hazards exists during the performance of
specific job duties within the police department. The purpose of this program is to ensure that
all employees are protected from exposure to respiratory hazards. Controls such as ventilation
and substitution of less toxic materials are the first line of defense. However, these controls are
not always feasible for some operations, or they will not always completely control the identified
hazards. In these situations, respirators and other protective equipment must be used. Respirators
are also utilized for protection during foreseeable emergencies.

1013.2 MANDATORY USE OF RESPIRATORS

This program applies to all police officers who may be required to wear respirators during normal
work operations and during certain nonroutine or emergency operations. The requirement to wear
a respirator is determined based on the employee's potential exposure to respiratory hazards.
Employees participating in the respiratory protection program do so at no cost to themselves. The
expenses associated with medical evaluations, training, and respiratory protection equipment will
be borne by the Police Department/City of Oxnard.

1013.3 RESPIRATOR PROGRAM ADMINISTRATOR

The Special Operations Division Commander as the Program Administrator is responsible
for overseeing the respiratory protection program and ensuring that all requirements are
fully implemented. The Program Administrator has the authority to assign responsibility and
accountability to employees or supervisors for each phase of this program.

1013.4 WORKPLACE CONDITIONS AND WORKER EXPOSURE

1013.4.1 RESPIRATORY HAZARD EVALUATION

Employees who believe that respiratory protection is needed during a particular activity should
contact a supervisor.

1013.4.2 RESPIRATOR SELECTION

Respirators have been selected on the basis of the hazards to which the employees are exposed.
Guidance for respirator selection was obtained by reviewing the OSHA Technical Section Manual,
Section VIII, Chapter 2.V. "Respirator Selection". All respirators must be certified by the National
Institute for Occupational Safety and Health (NIOSH) and shall be used in accordance with the
terms of that certification. All filters, cartridges, and canisters must be labeled with the appropriate
NIOSH certification number. The label must not be removed or defaced while it is in use.
Respirators and canisters will be provided to officers. Officers are not authorized to use a personal
respirator or canisters, only that which is provided by the Department.

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1013.4.3 WORKPLACE AND USER FACTORS

Potential workplace and user factors that could influence the selection of respirator types must
also be considered. Workplace and user factors include, but are not limited to, the equipment or
tools that will be used; excessive temperature or relative humidity; or any motion or travel required
which can interfere with the type of respirator to be selected.

1013.5 RESPIRATOR USE

1013.5.1 FACE PIECE SEAL PROTECTION

The use of respirators under controllable conditions that would compromise the face piece-to-
face seal will not be permitted. Examples of these conditions include facial hair that interferes
with the face piece seal or valve function, absence of normally worn dentures, facial deformities
(e.g., scars, deep skin creases, prominent cheekbones), or the use of jewelry or headgear that
projects under the face piece seal. Fit testing cannot be conducted if any of these conditions exists.
Additionally, corrective glasses or goggles, or other personal protective equipment, must be worn
in such a way that they do not interfere with the seal of the face piece to the face.

1013.5.2 WORKPLACE OBSERVATIONS

The daily supervision and oversight of the proper use of respirators is the responsibility of the
supervisor who will ensure that employees wear respirators when required, and that respirators
are used correctly.

1013.5.3 CHANGE SCHEDULE FOR CARTRIDGES

A cartridge replacement schedule is followed based on manufacturer breakthrough test data. The
cartridges will be replaced as recommended by the manufacturer once they have exceeded their
recommended shelf life.

1013.5.4 FILTERS
For respirators worn exclusively for protection against particles, filters will be changed according
to the manufacturer's specification and whenever the wearer detects an increase in breathing
resistance. It is the responsibility of the Program Administrator to ensure that the change schedule
is complete and updated as necessary.

1013.5.5 FIT TESTING

Fit testing will be required for all employees who are required to wear respirators with a tightfitting
face piece. Fit testing will be performed:
(a) After an employee has completed their medical evaluation and prior to being allowed
to wear any respirator with a tight fitting face piece in the work environment.
(b) Whenever a different respirator face piece is used.
(c) As deemed necessary by the Program Administrator.
(d) When there are changes in the employee's physical condition that could affect
respiratory fit (e.g., obvious change in body weight, facial scarring, etc.)

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Employees will be provided with different sizes of respirators so that they may find the optimal fit.

1013.5.6 INITIAL MEDICAL EVALUATION

Employees who use respirators must be able to tolerate the physical and psychological stress
imposed by respirator use. Employees will not be allowed to wear respirators until a physician or
other licensed health care professional (PLHCP) has determined that they are medically able to do
so. Any employee refusing the medical evaluation cannot work in an area requiring respirator use.
A powered air-purifying respirator (PAPR) may be provided to any employee if information from
the PLHCP indicates that the employee can use a PAPR but not a negative pressure respirator. If,
subsequent to this evaluation, the PLHCP determines that the employee is able to wear a negative
pressure respirator, the Oxnard Police Department will no longer be required to provide a PAPR
to that employee.

1013.5.7 PLCHP'S WRITTEN RECOMMENDATIONS

The employee will receive a copy of the PLHCP's written recommendations from the designated
medical clinic. Information concerning diagnosis, test results, or other confidential medical
information will not be disclosed to the Oxnard Police Department by the PLHCP.

1013.5.8 ADDITIONAL MEDICAL EVALUATIONS

The Oxnard Police Department will provide an additional medical evaluation or medical
reevaluation for any employee when:
(a) The employee reports medical signs or symptoms that are related to the employee's
ability to use a respirator.
(b) The PLHCP, supervisor, or the respirator program administrator observes that the
employee is having a medical problem during fit testing or workplace respirator use.
(c) Information from the respiratory protection program, including observations made
during fit testing and program evaluation, indicates a need for employee reevaluation.
(d) A change occurs in workplace conditions (e.g., physical work effort, type of respirator
used, protective clothing, temperature) that may result in a substantial increase in the
physiological burden placed on an employee.
(e) The content of such additional medical evaluations will be determined by the PLHCP.
A supplemental medical questionnaire will be administered at least annually by the
Department of Preventive Medicine and Environmental Health.

1013.6 MAINTENANCE AND CARE

1013.6.1 CLEANING AND DISINFECTION

Respirators will be cleaned and disinfected by the assigned officers using the manufacturer's
recommendations for each respirator.

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Respirators that are issued for the exclusive use of an employee will be cleaned and disinfected
as often as necessary to be maintained in a sanitary condition. Employees will be responsible to
clean and disinfect respirators issued for their exclusive use.

1013.6.2 STORAGE
Respirators will be stored so that they are protected against damage, contamination, dust, sunlight,
temperature extremes, excessive moisture, and damaging chemicals. Respirators will be stored
in compliance with the manufacturer's recommendation.

1013.6.3 INSPECTION
Respirators used in routine situations will be inspected before each use and during cleaning by
the assigned officer. Respirator inspections will be conducted in accordance to the manufacturer's
recommendations.
Respirators designated for use in an emergency situation must be inspected periodically and in
accordance with the manufacturer's instructions and checked for proper function before and after
each use. Emergency escape-only respirators must be inspected before being carried into the
workplace. Self-contained breathing apparatus (SCBA) will be inspected periodically and after
each use.

1013.7 TRAINING AND INFORMATION

Department representatives chosen by the Program Administrator will provide general orientation
training to respirator users before the fit testing session. In addition to the general training session,
site specific training will be conducted by the Program Administrator. This training focuses on
the specific practices and policies of the Oxnard Police Department including the contents of the
written respiratory protection program and the employees' responsibilities under it.

1013.7.1 PROGRAM EVALUATION

The Program Administrator is responsible to conduct evaluations of the workplace, as necessary.
Periodic program evaluation is required to ensure that the provisions of the respiratory protection
program are being implemented for all employees using respirators. In addition, evaluations will
be conducted to ensure the continued effectiveness of the program. Evaluations of the workplace
will determine whether the correct respirators are being used and worn properly and will also serve
to determine whether the training program is effective.
The officer's immediate supervisor is responsible to periodically monitor employee use of
respirators to ensure that they are being used and worn properly. The officer's immediate
supervisor will regularly consult with employees wearing respirators to ascertain the employees'
views on program effectiveness and toidentify any problems so that corrective action can be taken.
The following factors will be evaluated to determine program effectiveness:
(a) Respirators are properly fitted and if employees are able to wear respirators without
interfering with effective workplace performance.
(b) Respirators are correctly selected for the hazards encountered.

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(c) Respirators are used properly depending on the workplace conditions encountered.
(d) Respirators are being maintained and stored properly.
The Program Administrator will be responsible to correct any problems associated with wearing
a respirator that are identified by employees or that are revealed during any other part of this
evaluation.

1013.8 RECORDKEEPING

1013.8.1 MEDICAL RECORDS

The Program Administrator will retain a copy of the PLHCP's written recommendation for each
employee subject to medical evaluation. Each employee's completed medical questionnaire,
results of relevant medical tests, examinations, and diagnosis, etc., will be maintained by the
PHLCP for a period of 30 years. Records of medical evaluations will be made available as specified
in 29 CFR 1910.1020, "Access to Employee Exposure and Medical Records."

1013.8.2 FIT TEST RECORDS

The Program Administrator will retain fit test records for respirator users until the next fit test is
administered. These records consist of:
(a) Name or identification of the employee tested;
(b) Make, model, and size of the respirator fitted;
(c) Date of the fit test;
(d) Fit factor and other records of the test.
Additionally, each employee will retain fit testing results on a laminated card provided by the
Department of Occupational Health and Safety.

1013.8.3 TRAINING RECORDS

The Program Administrator will retain employee training records that include the names of
employees trained and the dates when training was conducted.
The Program Administrator will keep a current copy of the Oxnard Police Department's written
respiratory protection program in the policy manual. All written materials required to be maintained
under the record keeping requirements will be made available, upon request, to the employee
who is subject of the records.

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 Policy Oxnard Police Department
1014 Oxnard PD Policy Manual

Sick Leave
1014.1 PURPOSE AND SCOPE
This policy provides general guidance regarding the use and processing of sick leave. The accrual
and terms of use of sick leave for eligible employees are detailed in the City personnel manual
or applicable collective bargaining agreement.
This policy is not intended to cover all types of sick or other leaves. For example, employees may
be entitled to additional paid or unpaid leave for certain family and medical reasons as provided
for in the Family and Medical Leave Act (FMLA) (29 USC § 2601 et seq.) and the California Family
Rights Act, and leave related to domestic violence, sexual assault, stalking or for organ or bone
marrow donor procedures (29 CFR 825; Government Code § 12945.2; Labor Code § 230.1; Labor
Code § 1510).

1014.2 POLICY
It is the policy of the Oxnard Police Department to provide eligible employees with a sick leave
benefit.

1014.2.1 PERSONAL NOTIFICATION

(a) Calls of absence due to illness must be by personal contact with the employee's
immediate supervisor or the on-duty Watch Commander, in the absence of his/her
immediate supervisor.
(b) Leaving a voice-mail message in the Watch Commander's office will not satisfy the
personal notification requirement.
(c) If the employee is so incapacitated as to preclude a personal call, the employee's
spouse, relative or other person authorized by the employee may make the call.
(d) Employees calling in sick should do so as soon as it is determined they are unable
to respond to the work site.

1014.3 USE OF SICK LEAVE

Sick leave is intended to be used for qualified absences. Sick leave is not considered vacation.
Abuse of sick leave may result in discipline, denial of sick leave benefits, or both.
Employees on sick leave shall not engage in other employment or self-employment or participate
in any sport, hobby, recreational activity or other activity that may impede recovery from the injury
or illness (see Outside Employment Policy).
Qualified appointments should be scheduled during a member’s non-working hours when it is
reasonable to do so.

1014.3.1 NOTIFICATION
All members should notify the Watch Commander or appropriate supervisor as soon as they are
aware that they will not be able to report to work and no less than one hour before the start of their

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scheduled shifts. If, due to an emergency, a member is unable to contact the supervisor, every
effort should be made to have a representative for the member contact the supervisor (Labor
Code § 246 ).
When the necessity to be absent from work is foreseeable, such as planned medical appointments
or treatments, the member shall, whenever possible and practicable, provide the [Department/
Office] with no less than 30 days' notice of the impending absence (Labor Code § 246).
Upon return to work, members are responsible for ensuring their time off was appropriately
accounted for, and for completing and submitting the required documentation describing the type
of time off used and the specific amount of time taken.

1014.4 EXTENDED ABSENCE

Members absent from duty for more than three consecutive days may be required to furnish a
statement from a health care provider supporting the need to be absent and/or the ability to return
to work. Members on an extended absence shall, if possible, contact their supervisor at specified
intervals to provide an update on their absence and expected date of return.
Nothing in this section precludes a supervisor from requiring, with cause, a health care provider’s
statement for an absence of three or fewer days after the first three days of paid sick leave are
used in a 12-month period.

1014.5 REQUIRED NOTICES

The Director of Human Services shall ensure:
(a) Written notice of the amount of paid sick leave available is provided to employees as
provided in Labor Code § 246.
(b) A poster is displayed in a conspicuous place for employees to review that contains
information on paid sick leave as provided in Labor Code § 247.

1014.6 SUPERVISOR RESPONSIBILITIES

The responsibilities of supervisors include, but are not limited to:
(a) Monitoring and regularly reviewing the attendance of those under their command to
ensure that the use of sick leave and absences is consistent with this policy.
(b) Attempting to determine whether an absence of four or more days may qualify as
family medical leave and consulting with legal counsel or the Department of Human
Resources as appropriate.
(c) Addressing absences and sick leave use in the member’s performance evaluation
when excessive or unusual use has:
1. Negatively affected the member’s performance or ability to complete assigned
duties.
2. Negatively affected [department/office] operations.

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(d) When appropriate, counseling members regarding excessive absences and/or

inappropriate use of sick leave.
(e) Referring eligible members to an available employee assistance program when
appropriate.

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 Policy Oxnard Police Department
1016 Oxnard PD Policy Manual

Communicable Diseases
1016.1 PURPOSE AND SCOPE
This policy provides general guidelines to assist in minimizing the risk of department members
contracting and/or spreading communicable diseases.

1016.1.1 DEFINITIONS
Definitions related to this policy include:
Communicable disease - A human disease caused by microorganisms that are present in
and transmissible through human blood, bodily fluid, tissue, or by breathing or coughing. These
diseases commonly include, but are not limited to, hepatitis B virus (HBV), HIV and tuberculosis.
Exposure - When an eye, mouth, mucous membrane or non-intact skin comes into contact with
blood or other potentially infectious materials, or when these substances are injected or infused
under the skin; when an individual is exposed to a person who has a disease that can be passed
through the air by talking, sneezing or coughing (e.g., tuberculosis), or the individual is in an area
that was occupied by such a person. Exposure only includes those instances that occur due to
a member’s position at the Oxnard Police Department. (See the exposure control plan for further
details to assist in identifying whether an exposure has occurred.)

1016.2 POLICY
The Oxnard Police Department is committed to providing a safe work environment for its members.
Members should be aware that they are ultimately responsible for their own health and safety.

1016.3 EXPOSURE CONTROL OFFICER

The Chief of Police will assign a person as the Exposure Control Officer (ECO). The ECO shall
develop an exposure control plan that includes:
(a) Exposure-prevention and decontamination procedures.
(b) Procedures for when and how to obtain medical attention in the event of an exposure
or suspected exposure.
(c) The provision that [department/office] members will have no-cost access to the
appropriate personal protective equipment (PPE) (e.g., gloves, face masks, eye
protection, pocket masks) for each member’s position and risk of exposure.
(d) Evaluation of persons in custody for any exposure risk and measures to separate them
(15 CCR 1051; 15 CCR 1207).
(e) Compliance with all relevant laws or regulations related to communicable diseases,
including:
1. Responding to requests and notifications regarding exposures covered under
the Ryan White law (42 USC § 300ff-133; 42 USC § 300ff-136).
2. Bloodborne pathogen mandates including (8 CCR 5193):

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(a) Sharps injury log.

(b) Needleless systems and sharps injury protection.
3. Airborne transmissible disease mandates including (8 CCR 5199):
(a) Engineering and work practice controls related to airborne transmissible
diseases.
(b) Distribution of appropriate personal protective equipment to minimize
exposure to airborne disease.
4. Promptly notifying the county health officer regarding member exposures (Penal
Code § 7510).
5. Establishing procedures to ensure that members request exposure notification
from health facilities when transporting a person that may have a communicable
disease and that the member is notified of any exposure as required by Health
and Safety Code § 1797.188.
6. Informing members of the provisions of Health and Safety Code § 1797.188
(exposure to communicable diseases and notification).
(f) Provisions for acting as the designated officer liaison with health care facilities
regarding communicable disease or condition exposure notification. The designated
officer should coordinate with other [department/office] members to fulfill the role when
not available(Health and Safety Code § 1797.188).
The ECO should also act as the liaison with the Division of Occupational Safety and Health (Cal/
OSHA) and may request voluntary compliance inspections. The ECO shall annually review and
update the exposure control plan and review implementation of the plan (8 CCR 5193).

1016.4 EXPOSURE PREVENTION AND MITIGATION

1016.4.1 GENERAL PRECAUTIONS

All members are expected to use good judgment and follow training and procedures related to
mitigating the risks associated with communicable disease. This includes, but is not limited to (8
CCR 5193):
(a) Stocking disposable gloves, antiseptic hand cleanser, CPR masks or other specialized
equipment in the work area or department vehicles, as applicable.
(b) Wearing department-approved disposable gloves when contact with blood, other
potentially infectious materials, mucous membranes and non-intact skin can be
reasonably anticipated.
(c) Washing hands immediately or as soon as feasible after removal of gloves or other
PPE.
(d) Treating all human blood and bodily fluids/tissue as if it is known to be infectious for
a communicable disease.
(e) Using an appropriate barrier device when providing CPR.

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(f) Using a face mask or shield if it is reasonable to anticipate an exposure to an airborne

transmissible disease.
(g) Decontaminating non-disposable equipment (e.g., flashlight, control devices, clothing
and portable radio) as soon as possible if the equipment is a potential source of
exposure.
1. Clothing that has been contaminated by blood or other potentially infectious
materials shall be removed immediately or as soon as feasible and stored/
decontaminated appropriately.
(h) Handling all sharps and items that cut or puncture (e.g., needles, broken glass, razors,
knives) cautiously and using puncture-resistant containers for their storage and/or
transportation.
(i) Avoiding eating, drinking, smoking, applying cosmetics or lip balm, or handling contact
lenses where there is a reasonable likelihood of exposure.
(j) Disposing of biohazardous waste appropriately or labeling biohazardous material
properly when it is stored.

1016.4.2 IMMUNIZATIONS
Members who could be exposed to HBV due to their positions may receive the HBV vaccine and
any routine booster at no cost (8 CCR 5193).

1016.5 POST EXPOSURE

1016.5.1 INITIAL POST-EXPOSURE STEPS

Members who experience an exposure or suspected exposure shall:
(a) Begin decontamination procedures immediately (e.g., wash hands and any other skin
with soap and water, flush mucous membranes with water).
(b) Obtain medical attention as appropriate.
(c) Notify a supervisor as soon as practicable.

1016.5.2 REPORTING REQUIREMENTS

The supervisor on-duty shall investigate every exposure or suspected exposure that occurs as
soon as possible following the incident. The supervisor shall ensure the following information is
documented (8 CCR 5193):
(a) Name and Social Security number of the member exposed
(b) Date and time of the incident
(c) Location of the incident
(d) Potentially infectious materials involved and the source of exposure (e.g., identification
of the person who may have been the source)
(e) Work being done during exposure
(f) How the incident occurred or was caused

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(g) PPE in use at the time of the incident

(h) Actions taken post-event (e.g., clean-up, notifications)
The supervisor shall advise the member that disclosing the identity and/or infectious status of
a source to the public or to anyone who is not involved in the follow-up process is prohibited.
The supervisor should complete the incident documentation in conjunction with other reporting
requirements that may apply (see the Industrial Injuries Policy).

1016.5.3 MEDICAL CONSULTATION, EVALUATION AND TREATMENT

Department members shall have the opportunity to have a confidential medical evaluation
immediately after an exposure and follow-up evaluations as necessary (8 CCR 5193).
The ECO should request a written opinion/evaluation from the treating medical professional that
contains only the following information:
(a) Whether the member has been informed of the results of the evaluation.
(b) Whether the member has been notified of any medical conditions resulting from
exposure to blood or other potentially infectious materials which require further
evaluation or treatment.
No other information should be requested or accepted by the ECO.

1016.5.4 COUNSELING
The Department shall provide the member, and his/her family if necessary, the opportunity for
counseling and consultation regarding the exposure (8 CCR 5193).

1016.5.5 SOURCE TESTING

Testing a person for communicable diseases when that person was the source of an exposure
should be done when it is desired by the exposed member or when it is otherwise appropriate
(8 CCR 5193). Source testing is the responsibility of the ECO. If the ECO is unavailable to seek
timely testing of the source, it is the responsibility of the exposed member’s supervisor to ensure
testing is sought.
Source testing may be achieved by:
(a) Obtaining consent from the individual.
(b) Complying with the statutory scheme of Health and Safety Code § 121060. This
includes seeking consent from the person who was the source of the exposure and
seeking a court order if consent is not given.
(c) Testing the exposed member for evidence of a communicable disease and seeking
consent from the source individual to either access existing blood samples for testing
or for the source to submit to testing (Health and Safety Code § 120262).
(d) Taking reasonable steps to immediately contact the County Health Officer and provide
preliminary information regarding the circumstances of the exposure and the status
of the involved individuals to determine whether the County Health Officer will order
testing (Penal Code § 7510).

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(e) Under certain circumstances, a court may issue a search warrant for the purpose of
HIV testing a person when the exposed member qualifies as a crime victim (Penal
Code § 1524.1).
Since there is the potential for overlap between the different manners in which source testing may
occur, the ECO is responsible for coordinating the testing to prevent unnecessary or duplicate
testing.
The ECO should seek the consent of the individual for testing and consult the City Attorney to
discuss other options when no statute exists for compelling the source of an exposure to undergo
testing if he/she refuses.

1016.6 CONFIDENTIALITY OF REPORTS

Medical information shall remain in confidential files and shall not be disclosed to anyone without
the member’s written consent (except as required by law). Test results from persons who may
have been the source of an exposure are to be kept confidential as well.

1016.7 TRAINING
All members shall participate in training regarding communicable diseases commensurate with
the requirements of their position. The training (8 CCR 5193):
(a) Shall be provided at the time of initial assignment to tasks where an occupational
exposure may take place and at least annually after the initial training.
(b) Shall be provided whenever the member is assigned new tasks or procedures affecting
his/her potential exposure to communicable disease.
(c) Should provide guidance on what constitutes an exposure, what steps can be taken
to avoid an exposure and what steps should be taken if a suspected exposure occurs.

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1018 Oxnard PD Policy Manual

Smoking and Tobacco Use

1018.1 PURPOSE AND SCOPE
This policy establishes limitations on smoking and the use of tobacco products by members and
others while on-duty or while in Oxnard Police Department facilities or vehicles.
For the purposes of this policy, smoking and tobacco use includes, but is not limited to, any tobacco
product, such as cigarettes, cigars, pipe tobacco, snuff, tobacco pouches and chewing tobacco,
as well as any device intended to simulate smoking, such as an electronic cigarette or personal
vaporizer.

1018.2 POLICY
The Oxnard Police Department recognizes that tobacco use is a health risk and can be offensive
to others.
Smoking and tobacco use also presents an unprofessional image for the Department and
its members. Therefore smoking and tobacco use is prohibited by department members and
visitors in all department facilities, buildings and vehicles, and as is further outlined in this policy
(Government Code § 7597; Labor Code § 6404.5).

1018.2.1 M.O.U. REQUIREMENTS

All department members represented by the Oxnard Peace Officers' Association(OPOA) shall
refrain from using tobacco products while on duty. For the purposes of this policy, the term "on-
duty" shall be interpreted to mean the hours the employee is working. These hours will be inclusive
of breaks and lunch periods, irrespective of whether the employee is compensated for breaks and
or lunch periods (on-duty defined in the current OPOA MOU).
Pursuant to the current MOU between the City of Oxnard and the OPOA, the following procedures
will be in effect:

(a) All Unit employees represented by the OPOA and hired after September 13, 2003,
shall be required to sign a "Statement of Acceptance" to refrain from using tobacco
products as a term and condition of employment.
(b) All Unit employees represented by the OPOA prior to September 13, 2003, shall refrain
from using tobacco products while on-duty or on city premises.

Violation of the Tobacco Use Policy shall provide the basis for progressive disciplinary action, if
subsequent violations occur within one year of a prior offense.

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1020 Oxnard PD Policy Manual

Citizen Complaints and Administrative

Investigations
1020.1 PURPOSE AND SCOPE
This policy provides guidelines for the reporting, investigation and disposition of complaints
regarding the conduct of members of the Oxnard Police Department. This policy shall not apply
to any questioning, counseling, instruction, informal verbal admonishment or other routine or
unplanned contact of a member in the normal course of duty, by a supervisor or any other member,
nor shall this policy apply to a criminal investigation.

1020.2 CITIZEN COMPLAINT DEFINED

A citizen complaint includes any public complaint, anonymous or third party, regarding Department
service, policy or procedure, claims for damages, or employee misconduct.
Employee misconduct includes, but is not limited to, the following:
(a) Commission of a criminal offense.
(b) Neglect of duty.
(c) Violation of Department policies, rules, regulations, or procedures.
(d) Conduct which may tend to reflect unfavorably upon the employee or the Department.

1020.2.1 AVAILABILITY OF COMPLAINT FORMS

Citizen complaint forms will be maintained in a clearly visible location in the public lobby. Forms
may also be available at other city facilities, storefronts, and on the Department website.

1020.2.2 SOURCE OF COMPLAINTS

A supervisor receiving a complaint from any source against an employee which, if sustained, could
result in disciplinary action, shall notify Professional Standards.
Any employee who becomes aware of possible misconduct by another employee, shall
immediately report the incident to a supervisor or Professional Standards (Policy Manual §
340.3.2(f)).

1020.2.3 ACCEPTANCE OF COMPLAINTS

A complaint shall be accepted from any source including those that are written, verbal, electronic,
in person, or by telephone. Although not required, every effort should be made to have the
complainant appear in person. Anonymous and third party complaints should be accepted and
investigated to the extent that the provided information allows.
A supervisor/manager receiving or initiating any complaint that may be investigated formally shall
ensure that either a citizen complaint form has been completed, or that a memorandum or detailed
email regarding the circumstances has been forwarded to Professional Standards. Supervisors

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shall report serious allegations to the Watch Commander or his/her manager, and Professional
Standards.
When the nature of a citizen complaint relates to harassment or discrimination, the supervisor/
manager receiving the complaint shall promptly contact Professional Standards, who will contact
the Department of Human Resources and the Chief of Police for direction regarding the
investigation (Policy Manual § 328).
Supervisors/managers shall document and forward a memorandum to Professional Standards for
complaints against employees that allege:
(a) Excessive force.
(b) Discrimination or harassment.
(c) Unlawful search and/or unlawful seizure of a person or property.
(d) Dishonesty.
(e) Domestic violence.
(f) Improper/illicit use of alcohol, narcotics, or drugs.
(g) Sexual misconduct.
(h) Theft.
(i) Retaliation/retribution against another employee.
Investigations of these incidents may be returned to the supervisor/manager to be handled
informally if sufficient evidence is available to disprove the allegation.
Supervisors/managers may handle complaints informally when the following conditions apply:
(a) The complaint, as stated, would not result in discipline to the employee.
(b) The complaint, as stated, would not amount to the commission of a felony or
misdemeanor.
(c) The reporting person is satisfied that his/her complaint required nothing more than
an explanation regarding the proper/improper implementation of Department policy or
procedure.
(d) The accused employee has no apparent pattern of similar behavior (should generally
be limited to the past five years) for which he/she is accused.
Upon receipt of a citizen complaint, supervisors/managers should consider, and may be
responsible for the following:
(a) Conducting a preliminary investigation. This may include, but is not limited to the
following: Reviewing digital recordings, reviewing the reason for the contact in CAD
(i.e. call for service, traffic/pedestrian stop), reading related reports, checking ride
schedules/AVL data, reviewing photographs, etc.

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(b) Audio record interviews with the complainant and witnesses.

(c) Making reasonable efforts to obtain names, addresses, and telephone numbers of
additional witnesses.
(d) When appropriate, and once medical attention has been provided, obtain photographs
of alleged injuries, as well as accessible areas of non-injury.
(e) Ensure that the procedural rights of the employee are followed.
(f) When immediate action is necessary due to the seriousness and nature of the
complaint, such that it may subject the employee or Department to severe criticism
or liability, the concerned supervisor/manager shall ensure that the Duty Chief and
Professional Standards are promptly notified.
When a complaint form is completed in person, the complainant should legibly write a detailed
narrative of his/her complaint. If circumstances indicate that this is not feasible, the complaint may
be given verbally to the receiving supervisor. In an effort to ensure accuracy in any complaint, a
recorded statement shall be obtained from the reporting party. A refusal by a party to be recorded
shall not alone be grounds to refuse to accept a complaint. Whether handwritten or dictated, the
complainant's signature should be obtained at the conclusion of the statement. The complainant
should be provided with a copy of his/her own original complaint per Penal Code § 832.7.
In circumstances where the integrity of the investigation could be jeopardized by reducing the
complaint to writing or where the confidentiality of a complainant is at issue, a supervisor shall
orally report the matter to the employee's bureau chief or the Chief of Police who will initiate
appropriate action.
When complaints are taken from juveniles, supervisors/managers should make every attempt to
notify the parents or guardians of the circumstances prompting the complaint.
When a complainant is intoxicated to the point where his/her credibility appears to be unreliable,
identifying information should be obtained and the person should be provided with a citizen
complaint form.

1020.3 ADMINISTRATIVE INVESTIGATIONS

Administrative investigations include internally generated investigations into employee
misconduct, improper job performance, and citizen complaints.

1020.3.1 INVESTIGATIONS DEFINED

Formal (Disciplinary) - A formal, or disciplinary investigation, is one where the allegation, if
sustained, could result in discipline to the employee. Discipline shall be considered "punitive
action" as defined in Government Code § 3303.
Informal (Non-Disciplinary) - An informal, or non-disciplinary investigation, is one where the
complaining party is satisfied with the course of action taken, the allegation itself is of a minor
nature not likely to result in discipline, or can quickly be resolved without the need for further

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investigation because sufficient evidence is available to disprove the allegation(s) (i.e. audio or
video evidence).

1020.3.2 FORMAL INVESTIGATION

Whether conducted by Professional Standards or an assigned supervisor, Government Code §
3303, et seq. shall be followed for employees who are members of the Oxnard Peace Officers
Association (OPOA) or Oxnard Public Safety Managers Association (OPSMA).
Every investigator or supervisor assigned to conduct an investigation, shall complete the
investigation in a timely manner. In the event that an investigation cannot be completed within
one year of discovery, the assigned investigator or supervisor shall ensure that an extension or
delay is warranted within the exceptions set forth in Government Code § 3304(d) or Government
Code § 3508.1.
When an investigation discloses misconduct or improper job performance which was not alleged
in the original complaint, the investigator shall take appropriate action to further investigate with
regard to any additional allegations.
If the nature of the allegation(s) dictate that confidentiality is necessary to maintain the integrity
of the investigation, the involved employee(s) need not be notified of the pending investigation
unless and until the employee is interviewed within one year of discovery.

1020.3.3 FORMAL INVESTIGATION REPORT FORMAT

Formal investigations shall be detailed and complete. The Investigation Report shall include the
identity of the employee(s), the identity of the assigned investigator(s), the date of the incident,
and follow the below format:
Summary Of Allegations - List the allegations separately (including applicable policy sections)
with a brief summary of the scope of the investigation. Where appropriate, include the source of
the complaint.
Summary of Investigation - A comprehensive summary of all relevant information developed
through the course of the investigation, documented in chronological order. This section should
be limited to facts, statements, description of any evidence, and observations of the investigator.
Analysis/Conclusion - The section of the report that ties the entire investigation together,
reaching sound and well-supported findings on each alleged policy violation.
The completed investigation file should also include any materials used to support the investigation
and findings. The materials may include but are not limited to transcripts of interviews, related
police reports, photographs, audio and video recordings, and internal affairs documents.

1020.3.4 INVESTIGATION DISPOSITIONS DEFINED

Each allegation in an investigation shall be classified with one of the following dispositions:
Unfounded - When the investigation discloses that the alleged act(s) did not occur or did not
involve department personnel. Complaints which are determined to be frivolous will fall within the

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classification of unfounded (Penal Code § 832.5(c)). California Code of Civil Procedure § 128.5
(c) defines frivolous "as totally and completely without merit or for the sole purpose of harassing
an opposing party."
Exonerated - When the investigation discloses that the alleged act occurred, but that the act was
justified, lawful and/or proper.
Not Sustained - When the investigation discloses that there is insufficient evidence to sustain the
complaint or fully exonerate the employee.
Sustained - When the investigation discloses sufficient evidence to establish that the act occurred
and that it constituted misconduct.
Incomplete - A matter in which the complaining party refuses to cooperate or becomes
unavailable, or where the subject of the investigation (such as an employee) becomes unavailable
(such as due to separation of employment). At the discretion of Professional Standards, such
matters may be suspended, or further investigated depending on the seriousness of the complaint,
and the availability of sufficient information.

1020.3.5 MANAGER RESPONSIBILITIES

Upon receipt of any completed formal investigation, the manager of the involved employee shall
review the entire investigative file and any other relevant materials.
The manager shall complete an Investigation Summary, and make recommendations regarding
the disposition of all allegations and the amount of discipline, if any, to be imposed.
(a) Prior to forwarding recommendations to the employee's bureau chief, the manager
may return the entire investigation to the assigned investigator or supervisor for further
investigation or action.
(b) When forwarding any written recommendation to the employee's bureau chief, the
manager shall include all relevant materials supporting the recommendation.

1020.3.6 RESPONSIBILITIES OF THE CHIEF OF POLICE AND BUREAU CHIEFS

The employee's bureau chief will review the manager's Investigation Summary, and may make
additional recommendations regarding the disposition of all allegations and the amount of
discipline, if any, to be imposed. Once the Investigation summary has been approved by the
bureau chief, it shall be forwarded to the Chief.
Upon receipt of any written recommendation regarding a formal investigation, the Chief of Police
shall review the recommendation and all accompanying materials. The Chief of Police may modify
any recommendation and/or may return the file to the bureau chief for further investigation or
action. Once the Chief of Police is satisfied that no further investigation or action is required, the
Chief of Police shall determine the amount of discipline, if any, to be imposed.
In the event disciplinary action is recommended, the Chief of Police shall provide the employee
with a written notice of intent to impose discipline. The following information should be contained:

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(a) Specific allegations set forth in separate counts, describing the conduct underlying
each count.
(b) A recommendation of proposed discipline for the allegation(s).
(c) A statement that the employee may be provided with, or given access to, all of the
materials (except those deemed confidential) considered by the Chief of Police in
recommending the proposed discipline.
(d) An opportunity to respond orally or in writing to the Chief of Police within five (5) days
of receiving the notice.
1. Upon a showing of good cause by the employee, the Chief of Police may grant
a reasonable extension of time for the employee to respond.
2. If the employee elects to respond orally, the presentation may be recorded by
the Department. Upon request, the employee shall be provided with a copy of
the recording.

1020.4 EMPLOYEE RESPONSE (SKELLY HEARING)

The following applies to OPOA and OPSMA members:
The Skelly Hearing is intended to provide the accused employee with an opportunity to present
a written or oral response to the Chief of Police after having had an opportunity to review the
supporting materials and prior to imposition of any recommended discipline.
The employee shall consider the following:
(a) The Skelly Hearing is not intended to be adversarial.
(b) Although the employee may be represented by an uninvolved representative or legal
counsel, the Skelly Hearing is not designed to accommodate the presentation of
testimony or witnesses.
(c) The employee may suggest that further investigation be conducted, or may provide
additional information (e.g., mitigating factors) for the Chief of Police to consider.
(d) In the event that the Chief of Police elects to cause further investigation to be
conducted, the employee shall be provided with the results of such subsequent
investigation prior to the imposition of any discipline.
(e) The employee may thereafter have the opportunity to further respond orally or in
writing to the Chief of Police on the limited issue(s) of information raised in any
subsequent materials.
(f) Once the employee has completed his/her Skelly Hearing or, if the employee
has elected to waive any such response, the Chief of Police shall consider all
information received in regard to the recommended discipline. Once the Chief of Police
determines that discipline will be imposed, a timely written decision shall be provided
to the employee within 30 days, imposing, modifying, or rejecting the recommended

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discipline. In the event of a termination, the final notice of discipline shall also inform
the employee of the reason(s) for termination.
(g) Once the Chief of Police has issued a written decision, the discipline shall become
effective
For employees outside of the OPOA or OPSMA, personnel rules and the operative Memorandum
of Understanding (MOU) for the respective bargaining unit shall apply.

1020.5 POST SKELLY HEARING PROCEDURE

In situations resulting in the imposition of a suspension, punitive transfer, demotion, or termination
of a non-probationary employee, the employee shall have the right to an evidentiary appeal of the
Chief of Police's imposition of discipline pursuant to the operative (MOU) and personnel rules.
During any post-Skelly administrative appeal, evidence that an officer has been placed on a Brady
list or is otherwise subject to Brady restrictions may not be introduced unless the underlying
allegations of misconduct have been independently established. Thereafter, such Brady evidence
shall be limited to determining the appropriateness of penalty (Government Code § 3305.5).

1020.6 COMPLETION OF FORMAL INVESTIGATION

Within 30 days of the final review by the Chief of Police, written notice of the findings shall be
sent to the complaining party. This notice shall indicate the findings, however, will not disclose the
amount of discipline, if any imposed. The complaining party should also be provided with a copy
of his/her own original complaint (Penal Code § 832.7).
Any complaining party who is not satisfied with the findings of the Department concerning his/her
complaint may contact Professional Standards to discuss the matter further.

1020.7 CONFIDENTIALITY OF PERSONNEL FILES

All investigations of complaints shall be considered confidential, and shall be maintained within
the Internal Affairs Unit (Policy Manual § 1026.3). The contents of such files shall not be revealed
to other than the involved employee or authorized personnel except pursuant to lawful process.
In the event that an accused employee (or the representative of such employee) knowingly
makes false representations regarding any formal investigation and such false representations
are communicated to any media source, the Department may disclose sufficient information from
the employee's Internal Affairs File to refute such false representations (Penal Code § 832.5).
Completed investigations shall be maintained for a period of no less than five years. (Penal Code
§ 832.5)
Letters of reprimand and final notices of discipline shall be maintained in the employee's Personnel
File. Investigations which are unfounded, exonerated, or not sustained shall be maintained by the
Internal Affairs Unit apart from the employee's Personnel File (Policy Manual § 1026.3).

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1020.8 ASSIGNMENT TO ADMINISTRATIVE LEAVE

When an allegation of misconduct or improper job performance is of a serious nature,
Professional Standards may assign the employee to administrative leave pending completion of
the investigation.
It shall be the responsibility of Professional Standards to promptly notify the employee's bureau
chief and the Chief of Police when an employee has been placed on administrative leave.
An employee placed on administrative leave may be subject to the following guidelines:
(a) Continue to receive regular pay and benefits pending the imposition of any discipline
(b) Relinquish any badge, department identification, assigned weapon(s), and any other
department equipment to Professional Standards. The employee may be ordered not
to exercise peace officer powers.
(c) Continue to comply with all Department policies and lawful orders of a supervisor.
(d) Temporary reassignment (generally Monday thru Friday from 0800 to 1700 hours)
during the duration of the investigation, remaining available for contact during these
times. The employee shall report as ordered by Professional Standards.
(e) Be responsible for lawfully subpoenaed court appearances unless otherwise directed
by Professional Standards.
At such time as any employee placed on administrative leave is returned to full and regular duty,
the employee shall be returned to his/her regularly assigned shift with all badges, identification
cards, and other equipment returned.

1020.9 ALLEGATIONS OF CRIMINAL CONDUCT

When a department employee is suspected of potential criminal conduct in the City of Oxnard,
the Chief of Police shall be notified as soon as practical. The Special Investigations Detail
may be assigned to investigate the criminal allegations. The Chief may also request a criminal
investigation by an outside law enforcement agency. Any separate administrative investigation
may parallel the criminal investigation.
An employee accused of criminal conduct shall be provided with all rights and privileges afforded
to a citizen, and the employee may not be administratively ordered to provide any information to a
criminal investigator. No information or evidence administratively coerced from an employee may
be provided to a criminal investigator.
Any law enforcement agency is authorized to release information concerning the arrest or
detention of a peace officer, which has not led to a conviction, however, no disciplinary action,
other than paid administrative leave shall be taken against the accused employee based solely
on an arrest or crime report (Labor Code § 432.7(b)). An independent administrative investigation
shall be conducted based upon the allegations in the report in accordance with department policy.

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1020.10 ADMINISTRATIVE SEARCHES

Assigned lockers and storage spaces may only be administratively searched in the employee's
presence, with the employee's consent, with a valid search warrant, or where the employee has
been given reasonable notice that the search will take place (Government Code § 3309).
All other departmentally assigned areas (e.g., desks, office space, assigned vehicles) may be
searched by a supervisor for non-investigative purposes (e.g., obtaining a needed report or radio).
An investigative search of such areas shall only be conducted upon a reasonable suspicion that
misconduct is involved, and shall be conducted by Professional Standards personnel.
Employees shall have no expectation of privacy when using telephones, computers, radios or
other communications provided by the Department.
Any employee may be compelled to disclose personal financial information pursuant to proper
legal proces if such information tends to indicate a conflict of interest with official duties, or, if the
employee is assigned to or being considered for a special assignment with a potential for bribes
(Government Code § 3308).

1020.11 RESIGNATIONS/RETIREMENTS PRIOR TO DISCIPLINE

In the event that an employee tenders a written retirement or resignation prior to the imposition of
discipline, it shall be noted in the Internal Affairs File. The tender of a retirement or resignation by
itself shall not serve as grounds for the termination of pending discipline.

1020.12 DISCIPLINARY ACTION AGAINST PROBATIONARY EMPLOYEES

In the event that a probationary employee is terminated solely for unsatisfactory performance or
the failure to meet department standards, the employee shall have no right to appeal and the
following shall be considered:
(a) Termination of a probationary employee for such failure to pass probation shall be so
reflected in the employee's Personnel File.
(b) In the event that a probationary employee is disciplined or terminated for misconduct,
the employee shall only be entitled to appeal the decision in the same manner as set
forth in the Skelly procedure as set forth above. This appeal process may be held prior
to or within a reasonable time after the imposition of discipline.
(c) At all times during any investigation of allegations of misconduct involving a
probationary OPOA member, such employee shall be afforded all procedural rights
set forth in Government Code § 3303 and applicable Department policies.
(d) A probationary employee's appeal of disciplinary action shall be limited to an
opportunity for the employee to attempt to establish that the underlying allegations
should not be sustained. Nothing in this policy or procedure, however, should be
construed to establish any sort of property interest in or right to the employee's
continuation of employment.

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(e) The burden of proof for any probationary employee's appeal of disciplinary action shall
rest with the employee and will require proof by a preponderance of the evidence.
(f) In the event that a probationary employee meets his or her burden of proof in such
a disciplinary appeal, the Department shall remove all reference to the underlying
allegations of misconduct from the employee's Personnel File.
(g) In the event that a probationary employee fails to meet his or her burden of proof in
such a disciplinary appeal, the employee shall have no further right to appeal beyond
the Chief of Police.

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1022 Oxnard PD Policy Manual

Seat Belts
1022.1 PURPOSE AND SCOPE
This policy establishes guidelines for the use of seat belts and child restraints. This policy will
apply to all members operating or riding in department vehicles (Vehicle Code § 27315.5).

1022.1.1 DEFINITIONS
Definitions related to this policy include:
Child restraint system - An infant or child passenger restraint system that meets Federal Motor
Vehicle Safety Standards (FMVSS) and Regulations set forth in 49 CFR 571.213.

1022.2 WEARING OF SAFETY RESTRAINTS

All members shall wear properly adjusted safety restraints when operating or riding in a seat
equipped with restraints, in any vehicle owned, leased or rented by this department while on- or
off-duty, or in any privately owned vehicle while on-duty. The member driving such a vehicle shall
ensure that all other occupants, including non-members, are also properly restrained.
Exceptions to the requirement to wear safety restraints may be made only in exceptional situations
where, due to unusual circumstances, wearing a seat belt would endanger the member or the
public. Members must be prepared to justify any deviation from this requirement.

1022.3 TRANSPORTING SUSPECTS, PRISONERS OR ARRESTEES

Suspects, prisoners and arrestees should be in a seated position and secured in the rear seat of
any department vehicle with a prisoner restraint system or, when a prisoner restraint system is
not available, by seat belts provided by the vehicle manufacturer. The prisoner restraint system
is not intended to be a substitute for handcuffs or other appendage restraints.
Prisoners in leg restraints shall be transported in accordance with the Handcuffing and Restraints
Policy.

1022.4 INOPERABLE SEAT BELTS

Department vehicles shall not be operated when the seat belt in the driver's position is inoperable.
Persons shall not be transported in a seat in which the seat belt is inoperable.
Department vehicle seat belts shall not be modified, removed, deactivated or altered in any
way, except by the vehicle maintenance and repair staff, who shall do so only with the express
authorization of the Chief of Police.
Members who discover an inoperable restraint system shall report the defect to the appropriate
supervisor. Prompt action will be taken to replace or repair the system.

1022.5 POLICY
It is the policy of the Oxnard Police Department that members use safety and child restraint
systems to reduce the possibility of death or injury in a motor vehicle collision.

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1022.6 TRANSPORTING CHILDREN

Children under the age of 8 shall be transported in compliance with California’s child restraint
system requirements (Vehicle Code § 27360; Vehicle Code § 27363).
Rear seat passengers in a cage-equipped vehicle may have reduced clearance, which requires
careful seating and positioning of seat belts. Due to this reduced clearance, and if permitted by
law, children and any child restraint system may be secured in the front seat of such vehicles
provided this positioning meets federal safety standards and the vehicle and child restraint system
manufacturer’s design and use recommendations. In the event that a child is transported in the
front seat of a vehicle, the seat should be pushed back as far as possible and the passenger-
side airbag should be deactivated. If this is not possible, members should arrange alternate
transportation when feasible. A child shall not be transported in a rear-facing child restraint system
in the front seat in a vehicle that is equipped with an active frontal passenger airbag (Vehicle Code
§ 27363).

1022.7 VEHICLES MANUFACTURED WITHOUT SEAT BELTS

Vehicles manufactured and certified for use without seat belts or other restraint systems are
subject to the manufacturer’s operator requirements for safe use.

1022.8 VEHICLE AIRBAGS

In all vehicles equipped with airbag restraint systems, the system will not be tampered with or
deactivated, except when transporting children as written elsewhere in this policy. All equipment
installed in vehicles equipped with airbags will be installed as per the vehicle manufacturer
specifications to avoid the danger of interfering with the effective deployment of the airbag device.

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1024 Oxnard PD Policy Manual

Body Armor
1024.1 PURPOSE AND SCOPE
The purpose of this policy is to provide employees with guidelines for the proper use of body armor.

1024.2 POLICY
It is the policy of the Oxnard Police Department to maximize officer safety through the use of body
armor in combination with prescribed safety procedures. While body armor provides a significant
level of protection, it is not a substitute for the observance of officer safety procedures.

1024.3 ISSUANCE OF BODY ARMOR

The Personnel and Training Unit supervisor shall ensure that body armor is issued to all officers
when the officer begins service at the Department and that, when issued, the body armor meets
or exceeds the standards of the National Institute of Justice. In the event soft body armor is issued
to civilian employees, this guidelines set forth in this policy shall apply.
The Personnel and Training Unit supervisor shall establish a body armor replacement schedule
and ensure that replacement body armor is issued pursuant to the schedule, or whenever the
body armor becomes worn or damaged to the point that its effectiveness or functionality has been
compromised.

1024.3.1 USE OF SOFT BODY ARMOR

Generally, the use of body armor is required subject to the following:
(a) Employees shall only wear agency-approved body armor.
(b) Employees shall wear body armor anytime they are in a situation where they could
reasonably be expected to take enforcement action.
(c) Employees may be excused from wearing body armor when they are functioning
primarily in an administrative or support capacity and could not reasonably be
expected to take enforcement action.
(d) Body armor shall be worn when an employee is working in uniform or taking part in
Department range training.
(e) An employees may be excused from wearing body armor when he/she is involved
in undercover or plainclothes work that his/her supervisor determines could be
compromised by wearing body armor, or when a supervisor determines that other
circumstances make it inappropriate to mandate wearing body armor.

1024.3.2 INSPECTIONS OF BODY ARMOR

Supervisors should ensure that body armor is worn and maintained in accordance with this policy
through routine observation and periodic documented inspections. Annual inspections of body

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armor should be conducted by an authorized designee for fit, cleanliness, and signs of damage,
abuse and wear.

1024.3.3 CARE AND MAINTENANCE OF SOFT BODY ARMOR

Soft body armor should never be stored for any period of time in an area where environmental
conditions (e.g., temperature, light, humidity) are not reasonably controlled (e.g., normal ambient
room temperature/humidity conditions), such as in automobiles or automobile trunks.
Soft body armor should be cared for and cleaned pursuant to the manufacturer’s care instructions
provided with the soft body armor. The instructions can be found on labels located on the external
surface of each ballistic panel. The carrier should also have a label that contains care instructions.
Failure to follow these instructions may damage the ballistic performance capabilities of the armor.
If care instructions for the soft body armor cannot be located, contact the manufacturer to request
care instructions.
Soft body armor should not be exposed to any cleaning agents or methods not specifically
recommended by the manufacturer, as noted on the armor panel label.
Soft body armor should be replaced in accordance with the manufacturer’s recommended
replacement schedule.

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 Policy Oxnard Police Department
1026 Oxnard PD Policy Manual

Personnel Records
1026.1 PURPOSE AND SCOPE
This policy governs maintenance and access to personnel records. Personnel records include any
file maintained under an individual member's name._

1026.2 POLICY
It is the policy of this [department/office] to maintain personnel records and preserve the
confidentiality of personnel records pursuant to the Constitution and the laws of California (Penal
Code § 832.7).

1026.3 [DEPARTMENT/OFFICE] FILE

The [department/office] file shall be maintained as a record of a person’s employment/appointment
with this [department/office]. The Department files for sworn officers shall be kept by the Personnel
and Training Unit and civilian files shall be kept by Human Resources. The [department/office] file
should contain, at a minimum:
(a) Personal data, including photographs, marital status, names of family members,
educational and employment history or similar information. A photograph of the
member should be permanently retained.
(b) Election of employee benefits.
(c) Personnel action reports reflecting assignments, promotions and other changes in
employment/appointment status. These should be permanently retained.
(d) Performance evaluations.
(e) Discipline records, including copies of sustained personnel complaints.
1. Disciplinary action resulting from sustained internally initiated complaints or
observation of misconduct shall be maintained pursuant to the established
records retention schedule and at least two years (Government Code § 26202;
Government Code § 34090).
2. Disciplinary action resulting from a sustained civilian's complaint shall be
maintained pursuant to the established records retention schedule and at least
five years (Penal Code § 832.5). Adverse comments such as supervisor notes
or memos may be retained in the department file after the member has had the
opportunity to read and initial the comment (Government Code § 3305).
(f) Adverse comments such as supervisor notes or memos may be retained in
the [department/office] file after the member has had the opportunity to read and initial
the comment (Government Code § 3305).
1. Once a member has had an opportunity to read and initial any adverse comment,
the member shall be given the opportunity to respond in writing to the adverse
comment within 30 days (Government Code § 3306).

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2. Any member response shall be attached to and retained with the original adverse
comment (Government Code § 3306).
3. If a member refuses to initial or sign an adverse comment, at least one supervisor
should note the date and time of such refusal on the original comment and the
member should sign or initial the noted refusal. Such a refusal, however, shall
not be deemed insubordination, nor shall it prohibit the entry of the adverse
comment into the member's file (Government Code § 3305).
(g) Commendations and awards.
(h) Any other information, the disclosure of which would constitute an unwarranted
invasion of personal privacy.

1026.4 BUREAU FILE

Bureau files may be separately maintained internally by a member's supervisor for the purpose of
completing timely performance evaluations. The Bureau file may contain supervisor comments,
notes, notices to correct and other materials that are intended to serve as a foundation for the
completion of timely performance evaluations. Field Services Bureau personnel shall have this
file kept in the Watch Commander's office. Investigative Services Personnel (ISB) shall have this
file kept in the ISB Commander's office. Administrative Services Bureau personnel shall have this
file kept in the Professional Standards Commander's office.
All materials intended for this interim file shall be provided to the employee prior to being placed
in the file in accordance with Government Code § 3305 and Government Code § 3306.

1026.5 TRAINING FILE

An individual training file shall be maintained by the Personnel and Training Unit for each member.
Training files will contain records of all training; original or photocopies of available certificates,
transcripts, diplomas and other documentation.
(a) The involved member is responsible for providing the Personnel and Training Unit with
evidence of completed training/education in a timely manner.
(b) The Personnel and Training Unit shall ensure that copies of such training records are
placed in the member’s training file.

1026.6 INTERNAL AFFAIRS FILE

Internal affairs files shall be maintained under the exclusive control of the Internal Affairs Unit in
conjunction with the office of the Chief of Police. Access to these files may only be approved by
the Chief of Police or the Internal Affairs Unit supervisor.
These files shall contain the complete investigation of all formal complaints of member misconduct,
regardless of disposition. Investigations of complaints that result in the following findings shall not
be placed in the member's department file but will be maintained in the internal affairs file:
(a) Not sustained

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(b) Unfounded
(c) Exonerated
Investigation files arising out of civilian’s complaints shall be maintained pursuant to the
established records retention schedule and for a period of at least five years. Investigations that
resulted in other than a sustained finding may not be used by the [Department/Office] to adversely
affect an employee’s career (Penal Code § 832.5).
Investigation files arising out of internally generated complaints shall be maintained pursuant to
the established records retention schedule and for at least two years (Government Code § 26202;
Government Code § 34090).

1026.7 MEDICAL FILE

A medical file shall be maintained by Human Resources and separately from all other personnel
records. The file shall contain all documents relating to the member’s medical condition and
history, including but not limited to:
(a) Materials relating to a medical leave of absence, including leave under the Family and
Medical Leave Act (FMLA).
(b) Documents relating to workers’ compensation claims or the receipt of short- or long-
term disability benefits.
(c) Fitness-for-duty examinations, psychological and physical examinations, follow-up
inquiries and related documents.
(d) Medical release forms, doctor’s slips and attendance records that reveal a member’s
medical condition.
(e) Any other documents or materials that reveal the member’s medical history or
medical condition, including past, present or future anticipated mental, psychological
or physical limitations.

1026.8 SECURITY
Personnel records should be maintained in a secured location and locked either in a cabinet
or access-controlled room. Personnel records maintained in an electronic format should have
adequate protection.
Personnel records are subject to disclosure only as provided in this policy, the Records
Maintenance and Release Policy or according to applicable discovery procedures.
Nothing in this policy is intended to preclude review of personnel records by the City Manager, City
Attorney or other attorneys or representatives of the City in connection with official business.

1026.8.1 REQUESTS FOR DISCLOSURE

Any member receiving a request for a personnel record shall promptly notify the Custodian of
Records or other person charged with the maintenance of such records.

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Upon receipt of any such request, the responsible person shall notify the affected member as
soon as practicable that such a request has been made (Evidence Code § 1043).
The responsible person shall further ensure that an appropriate response to the request is made
in a timely manner, consistent with applicable law. In many cases, this may require assistance
of available legal counsel.
All requests for disclosure that result in access to a member’s personnel records shall be logged
in the corresponding file.

1026.8.2 RELEASE OF PERSONNEL INFORMATION

Personnel records are confidential and shall not be disclosed except as allowed by law. Nothing
in this section is intended to preclude review of personnel files by the City Manager, City Attorney
or other attorneys or representatives of the City in connection with official business (Government
Code § 832.7; Evidence Code § 1043).
Any person who maliciously, and with the intent to obstruct justice or the due administration of the
laws, publishes, disseminates, or otherwise discloses the residence address or telephone number
of any member of this [department/office] may be guilty of a misdemeanor (Penal Code § 146e).
The [Department/Office] may release any factual information concerning a disciplinary
investigation if the member who is the subject of the investigation (or the member's representative)
publicly makes a statement that is published in the media and that the member (or representative)
knows to be false. The disclosure of such information, if any, shall be limited to facts that refute
any such false statement (Penal Code § 832.7).

1026.9 BRADY MATERIAL IN PERSONNEL FILES

The purpose of this section is to establish a procedure for releasing potentially exculpatory
information (so-called Brady material) contained within confidential peace officer personnel files.

1026.9.1 DEFINITIONS
Brady Material - In the Brady v. Maryland decision ( 373 U.S. 83 (1963)) the United States
Supreme Court held that the prosecution has an affirmative duty to disclose to the defendant
evidence which is both favorable and material to the guilt and/or punishment of the defendant.
The Prosecution - Refers to the District Attorney and all investigative agencies involved in the
criminal prosecution of a defendant, including this department.
Penal Code § 1054.1 - California law also establishes a criminal defendant's right to access
potentially exculpatory evidence.

1026.9.2 RELEASE OF PERSONNEL FILES TO DISTRICT ATTORNEY

Pursuant to Penal Code § 832.7(a), the only time the District Attorney (Attorney General or Grand
Jury) is entitled to access confidential peace officer personnel files without filing a Pitchess motion
(Evidence Code § 1043 et seq.) is when they are investigating the conduct of an officer or this

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department. Such access shall not be considered a waiver of the confidentiality of the information
contained in these files.
Absent a specific investigation of identified officer(s) or a specific investigation of this department
(or the consent of an involved officer), no confidential information from any officer's personnel file
shall be released to the District Attorney or Grand Jury without full compliance with the Pitchess
process. The prosecution of a criminal defendant is not considered an investigation of any involved
officer.
Should an officer's credibility or other issues related to an officer's personnel file arise in the context
of an officer acting as a witness for the prosecution, access to that officer's personnel file by either
the District Attorney or the criminal defendant shall be limited to that which is authorized by the
process set forth in Evidence Code § 1043, et seq.
For further clarification on the Brady process, refer to the Ventura County District Attorney's
External Brady Policy.

1026.10 MEMBER ACCESS TO HIS/HER OWN PERSONNEL RECORDS

Any member may request access to his/her own personnel records during the normal business
hours of those responsible for maintaining such files. Any member seeking the removal of any item
from his/her personnel records shall file a written request to the Chief of Police through the chain
of command. The [Department/Office] shall remove any such item if appropriate, or within 30 days
provide the member with a written explanation of why the contested item will not be removed. If the
contested item is not removed from the file, the member’s request and the written response from
the [Department/Office] shall be retained with the contested item in the member’s corresponding
personnel record (Government Code § 3306.5).
Members may be restricted from accessing files containing any of the following information:
(a) An ongoing internal affairs investigation to the extent that it could jeopardize or
compromise the investigation pending final disposition or notice to the member of the
intent to discipline.
(b) Confidential portions of internal affairs files that have not been sustained against the
member.
(c) Criminal investigations involving the member.
(d) Letters of reference concerning employment/appointment, licensing or issuance of
permits regarding the member.
(e) Any portion of a test document, except the cumulative total test score for either a
section of the test document or for the entire test document.
(f) Materials used by the [Department/Office] for staff management planning, including
judgments or recommendations concerning future salary increases and other wage
treatments, management bonus plans, promotions and job assignments or other
comments or ratings used for department planning purposes.

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(g) Information of a personal nature about a person other than the member if disclosure of
the information would constitute a clearly unwarranted invasion of the other person's
privacy.
(h) Records relevant to any other pending claim between the [Department/Office] and the
member that may be discovered in a judicial proceeding.

1026.11 RETENTION AND PURGING

Unless provided otherwise in this policy, personnel records shall be maintained in accordance
with the established records retention schedule.
(a) The Professional Standards Commander shall determine whether any prior sustained
disciplinary file should be retained beyond the statutory period for reasons other than
pending litigation or other ongoing legal proceedings.
(b) If the Professional Standards Commander determines that records of prior discipline
should be retained beyond the applicable statutory period, approval for such retention
shall be obtained from the Administrative Services Bureau Chief or designee.

1026.12 RELEASE OF PERSONNEL RECORDS AND RECORDS RELATED TO CERTAIN

INCIDENTS, COMPLAINTS, AND INVESTIGATIONS OF OFFICERS
Personnel records and records related to certain incidents, complaints, and investigations of
officers shall be released pursuant to a proper request under the Public Records Act and subject
to redaction and delayed release as provided by law. Pursuant to Senate Bill 1421, only those
records created after January 1, 2019 are disclosable.
The Custodian of Records should work as appropriate with the Chief of Police or the Professional
Standards Commander in determining what records may qualify for disclosure when a request for
records is received and if the requested record is subject to redaction or delay from disclosure.
For purposes of this section, a record includes (Penal Code § 832.7(b)(2)):
• All investigation reports.
• Photographic, audio, and video evidence.
• Transcripts or recordings of interviews.
• Autopsy reports.
• All materials compiled and presented for review to the District Attorney or to any person
or body charged with determining whether to file criminal charges against an officer in
connection with an incident, or whether the officer’s action was consistent with law and
[department/office] policy for purposes of discipline or administrative action, or what
discipline to impose or corrective action to take.
• Documents setting forth findings or recommending findings.
• Copies of disciplinary records relating to the incident, including any letters of intent
to impose discipline, any documents reflecting modifications of discipline due to the

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Skelly or grievance process, and letters indicating final imposition of discipline or other
documentation reflecting implementation of corrective action.
Unless a record or information is confidential or qualifies for delayed disclosure as provided by
Penal Code § 832.7(b)(7) or other law, the following records shall be made available for public
inspection upon request (Penal Code § 832.7):
(a) Records relating to the report, investigation, or findings of:
1. The discharge of a firearm at another person by an officer.
2. The use of force against a person resulting in death or in great bodily injury that
involves a substantial risk of death, unconsciousness, protracted and obvious
disfigurement, or protracted loss or impairment of the function of a bodily
member or organ.
(b) Records relating to an incident where a sustained finding was made by the
[department/office] or oversight agency regarding:
1. An officer engaged in sexual assault of a member of the public (as defined by
Penal Code § 832.7(b)).
2. Dishonesty of an officer relating to the reporting, investigation, or prosecution of
a crime, or directly relating to the reporting of, or investigation of misconduct by,
another officer, including but not limited to any sustained finding of perjury, false
statements, filing false reports, destruction, falsifying, or concealing of evidence.
A record from a separate and prior investigation or assessment of a separate incident shall not
be released unless it is independently subject to disclosure (Penal Code § 832.7(b)(3)).
When an investigation involves multiple officers, the [Department/Office] shall not release
information about allegations of misconduct or the analysis or disposition of an investigation of
an officer unless it relates to a sustained finding of a qualified allegation as provided by Penal
Code § 832.7(b)(4) against the officer. However, factual information about the action of the officer
during an incident or the statements of an officer shall be released if the statements are relevant
to a sustained finding of the qualified allegation against another officer that is subject to release
(Penal Code § 832.7(b)(4)).

1026.12.1 NOTICE OF DELAY OF RECORDS

When there is justification for delay of disclosure of records relating to the discharge of a firearm
or use of force resulting in death or in great bodily injury during an active criminal investigation,
the Custodian of Records shall provide written notice of the reason for any delay to a requester
as follows (Penal Code § 832.7):
(a) Provide the specific basis for the determination that the interest in delaying disclosure
clearly outweighs the public interest in disclosure. The notice shall also include the
estimated date for the disclosure of the withheld information.
(b) When delay is continued beyond the initial 60 days because of criminal enforcement
proceedings against anyone, at 180-day intervals provide the specific basis that

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disclosure could reasonably be expected to interfere with a criminal enforcement

proceeding and the estimated date for disclosure.
1. Information withheld shall be disclosed when the specific basis for withholding
the information is resolved, the investigation or proceeding is no longer active, or
no later than 18 months after the date of the incident, whichever occurs sooner,
unless:
(a) When the criminal proceeding is against someone other than an officer and
there are extraordinary circumstances to warrant a continued delay due
to the ongoing criminal investigation or proceeding, then the [Department/
Office] must show by clear and convincing evidence that the interest in
preventing prejudice to the active and ongoing criminal investigation or
proceeding outweighs the public interest for prompt disclosure of records
about use of serious force by officers.
In cases where an action to compel disclosure is brought pursuant to Government Code § 6258,
the [Department/Office] may justify delay by filing an application to seal the basis for withholding if
disclosure of the written basis itself would impact a privilege or compromise a pending investigation
(Penal Code § 832.7(b)(7)).

1026.12.2 DELAY OF RELEASE

Unless otherwise directed by the Chief of Police, the Custodian of Records should consult with a
supervisor familiar with the underlying investigation to determine whether to delay disclosure of
records relating to the discharge of a firearm or use of force resulting in death or in great bodily
injury due to any of the following conditions (Penal Code § 832.7):
(a) Active criminal investigations
1. Disclosure may be delayed 60 days from the date the use of force occurred or
until the District Attorney determines whether to file criminal charges, whichever
occurs sooner.
2. After the initial 60 days, delay of disclosure may be continued if the
disclosure could reasonably be expected to interfere with a criminal enforcement
proceeding against an officer or against someone other than an officer who used
the force.
(b) Filed criminal charges
1. When charges are filed related to an incident where force was used, disclosure
may be delayed until a verdict on those charges is returned at trial or, if a plea
of guilty or no contest is entered, the time to withdraw the plea has passed.
(c) Administrative investigations
1. Disclosure may be delayed until whichever occurs later:
(a) There is a determination from the investigation whether the use of force
violated law or [department/office] policy, but no longer than 180 days
after the date of the [department/office]’s discovery of the use of force or
allegation of use of force

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(b) Thirty days after the close of any criminal investigation related to the
officer’s use of force

1026.12.3 REDACTION
The Custodian of Records, in consultation with the Chief of Police or authorized designee, shall
redact the following portions of records made available for release (Penal Code § 832.7(b)(5)):
(a) Personal data or information (e.g., home address, telephone number, identities of
family members) other than the names and work-related information of officers
(b) Information that would compromise the anonymity of complainants and witnesses
(c) Confidential medical, financial, or other information where disclosure is prohibited by
federal law or would cause an unwarranted invasion of personal privacy that clearly
outweighs the strong public interest in records about misconduct and serious use of
force
(d) Where there is a specific, articulable, and particularized reason to believe that
disclosure of the record would pose a significant danger to the physical safety of the
officer or another person
Additionally, a record may be redacted, including redacting personal identifying information,
where, on the facts of the particular case, the public interest served by not disclosing the
information clearly outweighs the public interest served by disclosing it (Penal Code § 832.7(b)(6)).

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 Policy Oxnard Police Department
1030 Oxnard PD Policy Manual

Commendations and Awards

1030.1 PURPOSE AND SCOPE
This policy provides general guidelines for recognizing commendable or meritorious acts of
members of the Oxnard Police Department and individuals from the community.

1030.2 POLICY
It is the policy of the Oxnard Police Department to recognize and acknowledge exceptional
individual or group achievements, performance, proficiency, heroism and service of its members
and individuals from the community through commendations and awards.

1030.3 COMMENDATIONS
Commendations for members of the Department or for individuals from the community may be
initiated by any Department member or by any person from the community.

1030.4 CRITERIA
A meritorious or commendable act may include, but is not limited to:
• Superior handling of a difficult situation
• Conspicuous bravery or outstanding performance
• Any action or performance that is above and beyond typical duties
• Any action or performance that furthers the mission, goals, or values of the Department

1030.4.1 DEPARTMENT MEMBER DOCUMENTATION

Members of the Department should document meritorious or commendable acts. The
documentation should contain:
(a) Identifying information:
1. For members of the Department- name, bureau and assignment at the date and
time of the meritorious or commendable act
2. For individuals from the community - name, address, telephone number
(b) A brief account of the meritorious or commendable act with report numbers, as
appropriate.
(c) The signature of the member submitting the documentation.

1030.4.2 COMMUNITY MEMBER DOCUMENTATION

Documentation of a meritorious or commendable act submitted by a person from the community
should be accepted in any form. However, written documentation is preferred. Department
members accepting the documentation should attempt to obtain detailed information regarding
the matter, including:
(a) Identifying information:

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1. For members of the Department- name, bureau and assignment at the date and
time of the meritorious or commendable act
2. For individuals from the community - name, address, telephone number
(b) A brief account of the meritorious or commendable act with report numbers, as
appropriate.
(c) The signature of the person submitting the documentation.

1030.4.3 PROCESSING DOCUMENTATION

Documentation regarding the meritorious or commendable act of a member of the Department
should be completed on a Supervisor's Performance Report or a Letter of Commendation. It may
be forwarded up the chain of command for review. The member's supervisor will present the
commendation to the Department member for his/her signature and entry into the their personnel
file.
Documentation regarding the meritorious or commendable act of an individual from the community
should be done so with a Certificate of Recognition and forwarded to the Administrative
Services Bureau Chief. The documentation will be signed by the Chief of Police. An appropriate
venue or ceremony to acknowledge the individual’s actions should be arranged. Documentation
of the commendation shall be maintained in a file designated for such records.
Documentation regarding the meritorious or commendable act of a member of the Department that
qualifies for a Medal of Valor, Medal of Merit, or Purple Heart shall be forwarded to the Employee
Recognition Committee. The Employee Recognition Committee shall review the nomination and
make a recommendation to the Chief of Police. The Chief of Police shall determine if the award
will be presented to the member.

1030.5 AWARDS/MEDALS
Awards may be bestowed upon members of the Department and individuals from the community.
These awards include:
• Medal of Merit
• Medal of Valor
• Purple Heart
• Citizen Recognition Award
Criteria for each award and the selection, presentation and display of any award are determined
by the Chief of Police.

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 Policy Oxnard Police Department
1032 Oxnard PD Policy Manual

Fitness for Duty

1032.1 PURPOSE AND SCOPE
All officers are required to be free from any physical, emotional, or mental condition which might
adversely affect the exercise of peace officer powers. The purpose of this policy is to ensure that all
officers of this department remain fit for duty and able to perform their job functions (Government
Code § 1031).

1032.2 EMPLOYEE RESPONSIBILITIES

(a) It shall be the responsibility of each member of this department to maintain good
physical condition sufficient to safely and properly perform essential duties of their
position.
(b) Each member of this department shall perform his/her respective duties without
physical, emotional, and/or mental constraints.
(c) During working hours, all employees are required to be alert, attentive, and capable
of performing his/her assigned responsibilities.
(d) Any employee who feels unable to perform his/her duties shall promptly notify a
supervisor. In the event that an employee believes that another employee is unable
to perform his/her duties, such observations and/or belief shall be promptly reported
to a supervisor.

1032.3 SUPERVISOR RESPONSIBILITIES

(a) A supervisor observing an employee, or receiving a report of an employee who is
perceived to be, unable to safely perform his/her duties due to a physical or mental
condition shall take prompt and appropriate action in an effort to resolve the situation.
(b) Whenever feasible, the supervisor should attempt to ascertain the reason or source
of the problem and in all cases a preliminary evaluation should be made in an effort
to determine the level of inability of the employee to perform his/her duties.
(c) In the event the employee appears to be in need of immediate medical or psychiatric
treatment, all reasonable efforts should be made to provide such care.
(d) In conjunction with the employee's commander or bureau chief, a determination should
be made whether or not the employee should be temporarily relieved from his/her
duties.
(e) The Chief of Police shall be promptly notified in the event that any employee is relieved
from duty.

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1032.4 NON-WORK RELATED CONDITIONS

Any employee suffering from a non-work related condition which warrants a temporary relief from
duty may be required to use annual or sick leave in order to address the issue or obtain medical
treatment as needed.

1032.5 WORK RELATED CONDITIONS

Any employee suffering from a work related condition which warrants a temporary relief from duty
shall be required to comply with personnel rules and guidelines for processing such claims.
Upon the recommendation of the Watch Commander or unit supervisor and concurrence of a
Bureau Chief, any employee whose actions or use of force in an official capacity result in death
or serious injury to another may be temporarily removed from regularly assigned duties and/or
placed on paid administrative leave for the wellbeing of the employee and until such time as the
following may be completed:
(a) A preliminary determination that the employee's conduct appears to be in compliance
with policy and, if appropriate.
(b) The employee has had the opportunity to receive necessary counseling and/or
psychological clearance to return to full duty.

1032.6 PHYSICAL AND PSYCHOLOGICAL EXAMINATIONS

(a) Whenever circumstances reasonably indicate that an employee is unfit for duty, the
Chief of Police may serve that employee with a written order to undergo a physical
and/or psychological examination in cooperation with Human Resources to determine
the level of the employee's fitness for duty. The order shall indicate the date, time and
place for the examination.
(b) The examining physician or therapist will provide Human Resources with a report
indicating that the employee is either fit for duty or, if not, listing any functional
limitations which limit the employee's ability to perform job duties (Civil Code § 56.10
(c)(8)(A)). If the employee places his/her condition at issue in any subsequent or
related administrative action/grievance, the examining physician or therapist may be
required to disclose any and all information which is relevant to such proceeding (Civil
Code § 56.10(c)(8)(B)).
(c) In order to facilitate the examination of any employee, the Department will provide
all appropriate documents and available information to assist in the evaluation and/
or treatment.
(d) All reports and evaluations submitted by the treating physician or therapist shall be
part of the employee's Medical File maintained by Human Resources.
(e) Any employee ordered to receive a fitness for duty examination shall comply with
the terms of the order and cooperate fully with the examining physician or therapist

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regarding any clinical interview, tests administered or other procedures as directed.

Any failure to comply with such an order and any failure to cooperate with the
examining physician or therapist may be deemed insubordination and shall be subject
to discipline up to and including termination.
(f) Once an employee has been deemed fit for duty by the examining physician or
therapist, the employee will be notified to resume his/her duties.

1032.7 LIMITATION ON HOURS WORKED

Absent emergency operations members should not work more than:
• 16 hours in one day (24 hour) period or
• 30 hours in any 2 day (48 hour) period or
• 84 hours in any 7 day (168 hour) period
Except in very limited circumstances members should have a minimum of 8 hours off between
shifts. Supervisors should give consideration to reasonable rest periods and are authorized to
deny overtime or relieve to off-duty status any member who has exceeded the above guidelines.
Limitations on the number of hours worked apply to shift changes, shift trades, rotation, holdover,
training, general overtime and any other work assignments.

1032.8 APPEALS
An employee who is separated from paid employment or receives a pay reduction resulting from
a fitness for duty examination shall be entitled to an administrative appeal as outlined in Policy
Manual § 1020.

1032.9 OFF-DUTY PHYSICAL FITNESS ACTIVITIES

An ongoing exercise program for sworn personnel is necessary to maintain the level of physical
fitness required to perform the essential functions of his/her job. The means to achieve this level
of fitness may differ for each officer and there is no universal mechanism of physical conditioning
that is best for all. While there are many acceptable forms of exercise that accomplish the fitness
goal, some carry too high a risk of injury to be considered acceptable.
Fitness programs should be designed to increase flexibility, endurance and strength while
minimizing risk of injury. The purpose of this policy and the Wellness Program is to reduce job
related injuries by providing guidelines that will assist personnel in achieving and maintaining a
fitness level without undue risk. Physical conditioning outside of these guidelines, which is certainly
a personal decision, may present too high of a risk of injury and therefore will not be considered
as job related. The activities listed below are acceptable, and may be considered job related in
a controlled environment (fitness facility or home workout area) for purposes of conditioning and/
or strengthening:

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(a) Treadmill.
(b) Push-ups.
(c) Stationary bicycling.
(d) Swimming.
(e) Pull-ups.
(f) Rowing/skiing machines.
(g) Abdominal crunches.
(h) Cardio machines not previously specified.*
(i) Aerobics.*
(j) Weightlifting.*

Sworn personnel will be required to participate in the Wellness Program before utilizing any
department workout facility. Civilian personnel will be required to sign a waiver prior to utilizing a
Department workout facility. Even when exercise is restricted to the approved activities, injuries
are still possible. Therefore, employees are reminded to perform these exercises with safety in
mind and are advised to consult his/her physician before starting an exercise program.
All recreational, competitive or contact sporting activities are not considered job-related physical
fitness conditioning.
Open road jogging, bicycling and power walking may be an accepted off-duty activity. Injuries
resulting from these activities will be reviewed on a case-by-case basis to determine the safety of
the conditions in which the activities were conducted.
*In order to have these exercises considered for covered off-duty fitness, sworn personnel will be
required to participate in the Wellness Program. The Wellness Program will consist of an initial
physical screening with a department-authorized medical facility followed by a fitness consultation
with a department-authorized Certified Physical Trainer. This fitness consultation will generate a
recommended weight workout routine. This workout plan will then be submitted to the Personnel
and Training Sergeant, in advance, in order to be considered for covered off-duty fitness. The
officer may submit for approval a more intensive workout if he/she is working with a certified
personal trainer. The work-out, along with the qualifications of the trainer, must be submitted in
advance.
Any member participating in the wellness program, either for working out in department facilities
or off-duty, shall meet with the department-authorized Certified Physical Trainer once every two
years, after their initial consultation, to update their plan.

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Meal Periods and Breaks

1034.1 PURPOSE AND SCOPE
This policy regarding meals and breaks, insofar as possible shall conform to the policy governing
all City employees that has been established by the City Manager.

1034.1.1 MEAL PERIODS

Sworn employees and dispatchers shall remain on duty subject to call during meal breaks. All
other employees are not on call during meal breaks unless directed otherwise by a supervisor.
Uniformed patrol, traffic officers, and Community Service Officers (CSOs) working the field shall
request clearance from the Communications Center prior to taking a meal break. Employees shall
take meal breaks within the City limits unless on assignment outside of the City or as authorized
by a supervisor or the Watch Commander. Employees will advise the Communications Center of
the location of the meal break, and will not check out "on the air."
The time spent for the meal break shall not exceed the authorized time allowed.

1034.1.2 15 MINUTE BREAKS

Each employee is entitled to a 15 minute break, near the mid-point, for each four-hour work period.
Only one 15 minute break shall be taken during each four hours of duty. No breaks shall be taken
during the first or last hour of an employee's shift unless approved by a supervisor.
Employees normally assigned to the police facility shall remain in the police facility for his/her
breaks. This would not prohibit him/her from taking a break outside the facility if on official business
or if authorized by a supervisor.
Field officers and CSOs will take breaks in his/her assigned area, subject to call and shall monitor
the radio. When field officers or CSOs take breaks away from his/her vehicle, it shall be done only
with the knowledge and clearance of the Communications Center. Field personnel shall not take
breaks "on the air." The Communications Center must be notified of a location when employees
are on break.

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Lactation Break Policy

1035.1 PURPOSE AND SCOPE
The purpose of this policy is to provide reasonable accommodations to employees desiring to
express breast milk for the employee’s infant child (29 USC § 207 and Labor Code §§ 1030-1032).

1035.2 POLICY
It is the policy of this department to provide, in compliance with the Fair Labor Standards Act,
reasonable break time and appropriate facilities to accommodate any employee desiring to
express breast milk for her nursing infant child (29 USC § 207 and Labor Code § 1030).

1035.3 LACTATION BREAK TIME

A rest period should be permitted each time the employee has the need to express breast milk (29
USC § 207). In general, lactation breaks that cumulatively total 30 minutes or less during any four-
hour work period or major portion of a four-hour work period would be considered reasonable.
However, individual circumstances may require more or less time. Such breaks, if feasible, should
be taken at the same time as the employee’s regularly scheduled rest or meal periods.
While a reasonable effort will be made to provide additional time beyond authorized breaks, any
such time exceeding regularly scheduled and paid break time will be unpaid (Labor Code § 1030).
Employees desiring to take a lactation break shall notify the Communications Center or a
supervisor prior to taking such a break. Such breaks may be reasonably delayed if they would
seriously disrupt department operations (Labor Code § 1032).
Once a lactation break has been approved, the break should not be interrupted except for
emergency or exigent circumstances.

1035.4 PRIVATE LOCATION

The Department will make reasonable efforts to accommodate employees with the use of an
appropriate room or other location to express milk in private. Such room or place should be in
close proximity to the employee’s work area and shall be other than a bathroom or toilet stall. The
location must be shielded from view and free from intrusion from co-workers and the public (29
USC § 207 and Labor Code § 1031).
Employees occupying such private areas shall either secure the door or otherwise make it clear
to others that the area is occupied with a need for privacy. All other employees should avoid
interrupting an employee during an authorized break, except to announce an emergency or other
urgent circumstance.
Authorized lactation breaks for employees assigned to the field may be taken at the nearest
appropriate private area.

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Lactation Break Policy

1035.5 STORAGE OF EXPRESSED MILK

Any employee storing expressed milk in any authorized refrigerated area within the Department
shall clearly label it as such and shall remove it when the employee ends her shift.

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Time Sheets
1036.1 PURPOSE AND SCOPE
Time sheets are submitted to Financial Services on a weekly basis to ensure the payment of
wages.

1036.1.1 RESPONSIBILITY FOR COMPLETION OF TIME SHEETS

Patrol Services - The Watch Commander is responsible for the completion of time sheets to
document time worked by employees working patrol services. The day shift Watch Commander
should forward the time sheets to Financial Services no later than 1200 hours each Friday.
Non-Patrol Services - The supervisor or manager of each work group outside of patrol services
is responsible for the completion of time sheets for the employees in his/her work group. The
supervisor or manager should forward time sheets to Financial Services no later than 1700 hours
each Thursday.

1036.1.2 ACCURACY OF TIME SHEETS

Time sheets should accurately indicate hours worked by employees each workday, including the
time work began, and the time work ended. If employees are flexed from his/her normal work
schedule to a different workday or schedule, the time sheet should indicate the accurate date and
time worked.

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Leave Requests
1037.1 PURPOSE AND SCOPE
To establish a policy for requesting and scheduling voluntary leave, work exchange or changes,
and cancellations of scheduled vacation for the Patrol Division.

1037.2 LEAVE REQUEST FORM

The Leave Request form will be used for all requests for annual leave, vacation, compensatory
time, work exchanges, and requests to change a pre-approved leave. It is incumbent upon the
employee to ensure that he/she has sufficient leave time available prior to requesting the time off.

1037.3 LEAVE REQUESTS AT SHIFT SELECTION

During patrol shift selection as outlined in Policy Manual § 1004.5 and § 1004.7, employees will
have an opportunity to submit leave requests for the upcoming deployment period.
This notification will be distributed by email and will include a deadline and the procedure by which
leave requests will be submitted and processed.

1037.4 LEAVE REQUESTS WITHIN THE DEPLOYMENT PERIOD

Following the leave request deadline during shift selection, all requests for annual leave, vacation,
or compensatory time will be governed by the Patrol Shift Guidelines for that deployment period.

1037.5 WORK EXCHANGE (TRADE)

Work exchange or trade requests will be submitted on a Leave Request form with the signature
of each employee involved. Once the Leave Request form is approved by a supervisor, the
employee agreeing to work for the other will be responsible for ensuring that the shift is staffed.

1037.6 REQUESTS TO CHANGE OR ADD VACATION

Request to modify or cancel vacation must be submitted on a Leave Request form.

1037.7 PROCESSING THE LEAVE REQUEST FORM

Leave requests will be returned to the employee after a supervisor's approval or disapproval is
noted on the form. Requests that have been denied, in full or in part, will be accompanied with
a reason.

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1038 Oxnard PD Policy Manual

Overtime Compensation Requests

1038.1 PURPOSE AND SCOPE
It is the policy of the Department to compensate non-exempt salaried employees who work
authorized overtime either by payment of wages as agreed and in effect through the Memorandum
of Understanding (MOU), or by the allowance of accrual of compensatory time off. In order to
qualify for either, the employee must complete and submit a Request for Overtime Payment as
soon as practical after overtime is worked.

1038.1.1 DEPARTMENT POLICY

Because of the nature of police work, and the specific needs of the Department, a degree of
flexibility concerning overtime policies must be maintained.
Non-exempt employees are not authorized to volunteer work time to the Department. All requests
to work overtime shall be approved in advance by a supervisor. If circumstances do not permit
prior approval, then approval shall be sought as soon as practical during the overtime shift and in
no case later than the end of shift in which the overtime is worked.
Short periods of work at the end of the normal duty day (e.g., less than one hour in duration)
may be handled unofficially between the supervisor and the employee by flexing a subsequent
shift schedule to compensate for the time worked rather than by submitting requests for overtime
payments. If the supervisor authorizes or directs the employee to complete a form for such a
period, the employee shall comply.
The individual employee may request compensatory time in lieu of receiving overtime payment,
however, the employee may not exceed the number of hours of compensatory time indicated in
their MOU.

1038.2 REQUEST FOR OVERTIME COMPENSATION

Employees shall submit all overtime compensation requests to their immediate supervisors as
soon as practicable for verification and forwarding to the Administrative Services Bureau.
Failure to submit a request for overtime compensation in a timely manner may result in discipline.

1038.2.1 EMPLOYEES RESPONSIBILITY

Employees shall complet the requests immediately after working the overtime and turn the
form into their immediate supervisor, the appropriate overtime detail supervisor, or the Watch
Commander for approval. Employees submitting overtime requests for on-call pay when off-duty
shall submit the forms to their supervisor or the Watch Commander the first day after returning
to work. Employees are required to receive advanced approval from a supervisor before working
overtime.

1038.2.2 SUPERVISORS RESPONSIBILITY

The supervisor who verifies the overtime earned shall verify that the overtime was worked before
approving the request.

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Overtime Compensation Requests

1038.3 ACCOUNTING FOR OVERTIME WORKED

Employees are to record the actual time worked in an overtime status. In some cases, the
Memorandum of Understanding provides that a minimum number of hours will be paid, (e.g., four
hours for Court, etc.). The supervisor will enter the actual time worked.

1038.3.1 ACCOUNTING FOR PORTIONS OF AN HOUR

When accounting for less than a full hour, time worked shall be rounded up to the nearest quarter
of an hour as indicated by the following chart:
TIME WORKED INDICATE ON CARD
1 to 15 minutes .25
16 to 30 minutes .50
31 to 45 minutes .75
46 to 60 minutes 1 hour

1038.3.2 VARIATION IN TIME REPORTED

Where two or more employees are assigned to the same activity, case, or court trial and the
amount of time for which payment is requested varies from that reported by the other officer,
the Watch Commander or other approving supervisor may require each employee to include the
reason for the variation on the back of the overtime payment request.

1038.3.3 OVERTIME COMPENSATION

(a) Two types of compensation are available for overtime work.
1. Compensatory time off at the currently approved overtime rate.
2. Hourly pay fixed at the currently approved overtime rate.
(b) Compensation for work after the normal or assigned duty hours will not be approved
except as follows:
1. The unit supervisor or on-duty Watch Commander has given advance approval.
2. Such approval will be predicated on a review by the supervisor or Watch
Commander of the circumstances justifying the overtime.
3. The supervisor or Watch Commanders is satisfied that the overtime is
reasonable and necessary by that the employee had inadequate time to
complete the work during normal duty hours
4. That the work must be completed prior to the next working day.
(c) If an employee has been called out, all associated work and/or reports shall be
completed prior to leaving if it is within the first two hours of the call out. If the call out
goes beyond two hours, any associated work and/or reports that may be held over,
can be completed at a later time.

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Overtime Compensation Requests

1038.3.4 COURT OVERTIME

All court overtime shall be recorded appropriately on one Daily Overtime form when possible, and
is detailed in Policy Manual § 348.8.

1038.3.5 TRAINING ACTIVITIES

(a) Training that is subject to compensation will be as follows:
1. Training sessions assigned, in advance, in writing, to specific personnel during
his/her off-duty time.
2. Training that is required by law or ordinance.
(b) The following training will not be subject to compensation except if such activities may
be assigned during regular working hours. Assignments during duty hours must be
approved in advance in writing.
1. Attendance at universities or colleges when college unit credit or POST
recognition is provided.
2. Voluntary participation in training activities.

1038.3.6 SPECIAL ACTIVITIES

(a) As in the case of training, certain special activities must be viewed as reward in
themselves, since they serve the goals of the department and broaden the individual
employee.
(b) Unless specifically required by the department and approval for compensation is
given in advance, participation in special activities will not be subject to overtime
compensation.
(c) Activities assigned during regular duty hours are exempted providing that approval is
obtained in advance. The following are examples of special activities:
1. Membership in scouting, church, school, or service groups, clubs, or
organizations and his/her activities.
2. Teaching assignments not required by the department.
3. Public appearances not assigned during duty hours or specifically assigned in
advance, in writing. This includes speeches, appearances on panel discussions,
or other similar activities.
4. Participation in outside activities, whether department sponsored or not, wherein
advance approval for overtime compensation has not been given in writing.
5. Any incident not of an emergency nature and requiring overtime that has not
been covered by this order, must receive prior written approval in the chief's
office. When reference is made to "advance approval in writing," such approval

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Overtime Compensation Requests

may be made verbally under urgent conditions, but must be followed by written
authorization prior to recording the overtime for pay.

1038.4 STANDBY PAY

Standby status will be compensated at the currently approved rate and will require personnel to
be available without delay to respond to the police station or to an emergency site as soon as
possible.

(a) Employees placed in the standby status need not remain in a specific location or within
a specific distance of the police station.
(b) Employees must provide the Watch Commander or his/her supervisor with a contact
number.
(c) An employee will not be placed on a standby status from the time he/she is off on any
type of leave status (i.e. vacation, comp., sick, injury, military, etc.).
1. Due to operational necessity, the division commander may approve standby for
personnel in a leave status provided the employee is available without delay to
respond to the police station or to an emergency site
(d) An employee may be placed on a standby status when he/she reports back to work
after a leave status.

Employees shall submit all overtime compensation requests to their immediate supervisor or the
Watch Commander and then forward the form to the Administrative Services Bureau as soon as
practical. Failure to submit a request for overtime in a timely manner may result in discipline.

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1040 Oxnard PD Policy Manual

Outside Employment
1040.1 PURPOSE AND SCOPE
In order to avoid actual or perceived conflicts of interest for departmental employees engaging in
outside employment, all employees shall obtain written approval from the Chief of Police prior to
engaging in any outside employment. Approval of outside employment shall be at the discretion
of the Chief of Police in accordance with the provisions of this policy.

1040.1.1 DEFINITIONS
Outside Employment - Any employee of this department who receives wages, compensation,
or other consideration of value from another employer, organization, or individual not affiliated
directly with this department for services, product(s), or benefits rendered. For purposes of this
section, the definition of outside employment includes those employees who are self-employed
and not affiliated directly with this department for services, product(s), or benefits rendered.
Outside Overtime - Any employee of this department who performs duties or services on behalf
of an outside organization, company, or individual within this jurisdiction. Such outside overtime
shall be requested and scheduled directly through this department so that the Department may
be reimbursed for the cost of wages and benefits.

1040.2 OBTAINING APPROVAL

No employee of this department may engage in any outside employment without first obtaining
prior written approval of the Chief of Police. Failure to obtain prior written approval for outside
employment or engaging in outside employment prohibited by this policy may lead to disciplinary
action.
In order to obtain approval for outside employment, the employee must complete a City outside
employment form, which shall be submitted to the Personnel and Training Sergeant. The
application will then be forwarded to the Chief of Police for consideration.
If approved, the employee will be provided with a copy of the approved form. Unless otherwise
indicated in writing, permission will be valid through the end of the calendar year.
Any employee seeking approval of outside employment, whose request has been denied, shall
be provided with a written reason for the denial of the application at the time of the denial (Penal
Code § 70(e)(3)).

1040.2.1 APPEAL OF DENIAL OF OUTSIDE EMPLOYMENT

If an employee's City outside employment form is denied or revoked by the Department, the
employee may file a written notice of appeal to the Chief of Police within ten days of the date of
denial or revocation.
If the employee's appeal is denied, the employee may file a grievance pursuant to the procedure
set forth in the employee's current Memorandum of Understanding (MOU).

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Outside Employment

1040.2.2 REVOCATION/SUSPENSION OF OUTSIDE EMPLOYMENT

Any outside employment may be revoked or suspended under the following circumstances:
(a) Should an employee's performance at the Department decline to a point where it
is evaluated by a supervisor as needing improvement to reach an overall level of
competency, the Chief of Police may, at his/her discretion, revoke any previously
approved outside employment. That revocation will stand until the employee's
performance has been re-established at a satisfactory level and his/her supervisor
recommends reinstatement of the outside employment.
(b) Suspension or revocation of previously approved outside employment may be
included as a term or condition of sustained discipline.
(c) If, at any time during the term of valid outside employment, an employee's conduct
or outside employment conflicts with the provisions of department policy, the outside
employment may be suspended or revoked.
(d) When an employee is unable to perform at a full-duty capacity due to an injury or other
condition, any previously approved outside employment may be subject to similar
restrictions as those applicable to the employee's full time duties until the employee
has returned to a full-duty status.

1040.3 PROHIBITED OUTSIDE EMPLOYMENT

Consistent with the provisions of Government Code § 1126, the Department expressly reserves
the right to deny any City outside employment form submitted by an employee seeking to engage
in any activity which:
(a) Involves the employee's use of departmental time, facilities, equipment or supplies,
the use of the Department badge, uniform, prestige, or influence for private gain or
advantage.
(b) Involves the employee's receipt or acceptance of any money or other consideration
from anyone other than this department for the performance of an act which the
employee, if not performing such act, would be required or expected to render in the
regular course or hours of employment or as a part of the employee's duties as a
member of this department.
(c) Involves the performance of an act in other than the employee's capacity as a member
of this department that may later be subject directly or indirectly to the control,
inspection, review, audit, or enforcement of any other employee of this department.
(d) Involves time demands that would render performance of the employee's duties for
this department less efficient.

1040.3.1 OUTSIDE SECURITY AND PEACE OFFICER EMPLOYMENT

Consistent with the provisions of Penal Code § 70, and because it would further create a potential
conflict of interest, no member of this department may engage in any outside or secondary
employment as a private security guard, private investigator, or other similar private security
position.

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Outside Employment

Any private organization, entity, or individual seeking special services for security or traffic control
from members of this department must submit a written request to the Chief of Police in advance
of the desired service. Such outside extra duty overtime assignments will be assigned, monitored,
and paid through the Department.
(a) The applicant will be required to enter into an indemnification agreement prior to
approval.
(b) The applicant will further be required to provide for the compensation and full benefits
of all employees requested for such outside security services.
(c) Should such a request be approved, any employee working outside overtime shall be
subject to the following conditions:
1. The officer(s) shall wear the departmental uniform/identification.
2. The officer(s) shall be subject to the rules and regulations of this department.
3. No officer may engage in such outside employment during or at the site of a
strike, lockout, picket, or other physical demonstration of a labor dispute.
4. Compensation for such approved outside security services shall be pursuant to
normal overtime procedures.
5. Outside security services shall not be subject to the collective bargaining
process.
6. No officer may engage in outside employment as a peace officer for any other
public agency without prior written authorization of the Chief of Police.

1040.3.2 OUTSIDE OVERTIME ARREST AND REPORTING PROCEDURE

Any employee making an arrest or taking other official police action while working in an approved
outside overtime assignment shall be required to complete all related reports in a timely manner
pursuant to department policy. Time spent on the completion of such reports shall be considered
incidental to the outside overtime assignment.

1040.3.3 SPECIAL RESTRICTIONS

Except for emergency situations or with prior authorization from the Investigative Services
Commander, undercover officers or officers assigned to covert operations shall not be eligible
to work overtime or other assignments in a uniformed or other capacity which might reasonably
disclose the officer's law enforcement status.

1040.4 DEPARTMENT RESOURCES

Employees are prohibited from using any department equipment or resources in the course of or
for the benefit of any outside employment. This shall include the prohibition of access to official
records or databases of this department or other agencies through the use of the employee’s
position with this department.

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Outside Employment

1040.4.1 REVIEW OF FINANCIAL RECORDS

Employees approved for outside employment expressly agree that his/her personal financial
records may be requested and reviewed/audited for potential conflict of interest (Government
Code § 3308 and Government Code § 1126). Prior to providing written approval for an outside
employment position, the Department may request that an employee provide his/her personal
financial records for review/audit in order to determine whether a conflict of interest exists.
Failure of the employee to provide the requested personal financial records could result in denial
of outside employment. If, after approving a request for outside employment, the Department
becomes concerned that a conflict of interest exists based on a financial reason, the Department
may request that the employee provide his/her personal financial records for review/audit. If the
employee elects not to provide the requested records, his/her outside employment may be revoked
pursuant to Policy Manual § 1040.2.2(c).

1040.5 CHANGES IN OUTSIDE EMPLOYMENT STATUS

If an employee terminates his/her outside employment, the employee shall promptly submit written
notification of such termination to the Personnel and Training Sergeant. Any subsequent request
for renewal or continued outside employment must thereafter be processed and approved through
normal procedures set forth in this policy.
Employees shall also promptly submit in writing to the Personnel and Training Sergeant any
material changes in outside employment including any change in the number of hours, type of
duties, or demands of any approved outside employment. Employees who are uncertain whether
a change in outside employment is material are advised to report the change.

1040.6 OUTSIDE EMPLOYMENT WHILE ON DISABILITY

Department employees out on industrial leave are prohibited from engaging in outside
employment per City Rules and Regulations.
Employees out because of non-industrial injuries or who are placed on modified duty shall
inform the Personnel and Training Sergeant in writing within five days whether or not he/she
intends to continue to engage outside employment. The Personnel and Training Sergeant shall
review the duties of the outside employment along with any related doctor's orders, and make a
recommendation to the Chief of Police whether such outside employment should continue.
In the event the Chief of Police determines that the outside employment should be discontinued or
if the employee fails to promptly notify the Personnel and Training Sergeant of his/her intentions
regarding outside employment, a notice of revocation will be forwarded to the involved employee,
and a copy attached to the original City outside employment form.
Criteria for revoking outside employment include, but are not limited to, the following:
(a) The outside employment is medically detrimental to the total recovery of the injured
employee.
(b) The outside employment requires the same or similar physical ability to perform the
function of the employee's current position.

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(c) The employee's failure to make timely notice of his/her intentions to the Personnel
and Training Sergeant.
When the employee returns to full-duty with the Oxnard Police Department, a request in writing
may be made to the Chief of Police to restore outside employment.

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1042 Oxnard PD Policy Manual

Industrial Injuries
1042.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance regarding the timely reporting of occupational
diseases, psychiatric injuries and work-related injuries.

1042.1.1 DEFINITIONS
Definitions related to this policy include:
Occupational disease or work-related injury - An injury, disease or psychiatric injury arising
out of employment (Labor Code § 3208; Labor Code § 3208.3; Labor Code § 3212 et seq.).

1042.2 POLICY
The Oxnard Police Department will address occupational diseases and work-related injuries
appropriately, and will comply with applicable state workers’ compensation requirements (Labor
Code § 3200 et seq.).

1042.3 RESPONSIBILITIES

1042.3.1 EMPLOYEE'S RESPONSIBILITY

Any employee sustaining any work-related injury or illness, as well as any employee who is
involved in any accident while on duty shall report such injury, illness or accident as soon as
practical to his/her supervisor.
Any employee observing or learning of a potentially hazardous condition is to promptly report the
condition to his/her immediate supervisor.
Any employee sustaining a work-related injury or illness that requires relief from duty is required
to be examined/treated by a doctor.
Any employee sustaining a work-related injury or illness that requires relief from duty shall be
required to comply with the directives contained in the memorandum from the Personnel and
Training Sergeant in the injury report packet.
When appropriate, an employee being treated for an industrial injury should inform the attending
physician that a modified duty assignment may be available at the Department. Modified duty may
be available for the employees whose injuries prevent resumption of regular duties.
An injured employee, or an employee who has suffered a work-related illness, shall report as soon
as practical to the Personnel and Training Unit the medical findings concerning the injury and
the extent and duration of any work restrictions. In addition, employees are required to promptly
submit all medical releases, whether partial or full releases, to the Personnel and Training Unit.

1042.3.2 SUPERVISOR'S RESPONSIBILITY

A supervisor learning of any work-related injury or accident shall promptly prepare the appropriate
forms. Updated copies of forms with instructions are maintained by the Personnel and Training

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Sergeant. When a work-related illness or injury requires professional medical care,a Workers'
Compensation Injury Report packet shall be completed. For work-related accidents or injuries not
requiring professional medical care, a Reporting Only/First Aid Only report shall be completed.
This form shall be reviewed and signed by a supervisor. All copies of the completed forms shall
be forwarded to the Personnel and Training Unit. Copies of any reports documenting the accident
or injury should be forwarded to the City's Human Resources Department.
The supervisor will notify the on-duty Watch Commander should an unsafe condition exist
which may have caused the injury and/or could cause future injuries. The Watch Commander
or designee will take appropriate action(s) or make the appropriate notification(s) to correct or
eliminate the unsafe condition and/or restrict access to the unsafe location.

1042.4 INJURIES NOT REQUIRING MEDICAL ATTENTION

Work-related injuries and illnesses not requiring medical attention shall be recorded on a Reporting
Only/First Aid Only form. This form shall be completed and signed by a supervisor. This form
shall be signed by the affected employee, indicating that he/she desired no medical attention at
the time of the report. By signing this form, the employee will not preclude his/her ability to seek
medical attention later.

1042.5 INJURIES REQUIRING MEDICAL CARE

All work related injuries and work related illnesses requiring medical care must be reported to
the Workers' Compensation Manager and an injury report packet shall be provided to the injured
employee within 24 hours from the time the injury was discovered, excluding weekends and
holidays.

1042.6 SETTLEMENT OFFERS

When a member sustains an occupational disease or work-related injury that is caused by another
person and is subsequently contacted by that person, his/her agent, insurance company or
attorney and offered a settlement, the member shall take no action other than to submit a written
report of this contact to his/her supervisor as soon as possible.

1042.6.1 NO SETTLEMENT WITHOUT PRIOR APPROVAL

No less than 10 days prior to accepting and finalizing the settlement of any third-party claim arising
out of or related to an occupational disease or work-related injury, the member shall provide
the Chief of Police with written notice of the proposed terms of such settlement. In no case shall
the member accept a settlement without first providing written notice to the Chief of Police. The
purpose of such notice is to permit the City to determine whether the offered settlement will affect
any claim the City may have regarding payment for damage to equipment or reimbursement for
wages against the person who caused the disease or injury, and to protect the City's right of
subrogation, while ensuring that the member's right to receive compensation is not affected.

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 Policy Oxnard Police Department
1044 Oxnard PD Policy Manual

Personal Appearance Standards

1044.1 PURPOSE AND SCOPE
In order to project uniformity and neutrality toward the public and other members of the
Department, while still valuing the diversity of our workforce, members shall maintain their personal
hygiene and appearance to project a professional image appropriate for this department and for
their assignment.

1044.2 GROOMING STANDARDS

Unless otherwise stated and because deviations from these standards could present officer safety
issues, the following appearance standards shall apply to all members, except those whose
current assignment would deem them not appropriate, and where the Chief of Police or designee
has granted exception.

1044.2.1 HAIR
Hairstyles of all members shall be neat in appearance. For male members, hair must not extend
below the top edge of the uniform collar, while assuming a normal stance.
Female uniformed members whose hair falls below the horizontal level of the top of the uniform
patch shall secure their hair up in a manner where it does not fall below the top of the uniform
patch. A tightly wrapped braid or ponytail may be worn only if the hair does not fall below the top
of the uniform patch.
For sworn members, no hairstyle shall interfere with the proper wearing of the uniform headgear,
nor shall it interfere with their vision in any way.

1044.2.2 MUSTACHES
A short and neatly trimmed mustache may be worn. Mustaches shall not extend below the corners
of the mouth or beyond the natural hairline of the upper lip.

1044.2.3 SIDEBURNS
Sideburns shall not extend below the bottom of the outer ear opening (the top of the earlobes)
and shall be trimmed and neat.

1044.2.4 FACIAL HAIR

For uniformed members, facial hair other than sideburns, mustaches, and eyebrows shall not be
worn unless authorized by the Chief of Police or designee. Beards shall be permitted only for
medical reasons or when authorized due to the nature of an assignment. Neatly trimmed beards
and goatees are permissible for civilian members not wearing uniforms.

1044.2.5 FINGERNAILS
Fingernails extending beyond the tip of the finger can pose a safety hazard to sworn members.
For this reason, sworn members' fingernails shall be trimmed so that no point of the nail extends
beyond the tip of the finger.

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1044.2.6 JEWELRY AND ACCESSORIES

No jewelry or personal ornaments shall be worn by uniformed members on any part of the uniform
or equipment, except those authorized within this manual. Jewelry, if worn around the neck, shall
not be visible above the shirt collar.

1044.3 TATTOOS
While on duty or representing the department in any official capacity, no member shall display any
visible tattoos, body art, branding, or intentional scarring that is offensive, obscene, racial, sexual,
discriminatory, gang-related, or inappropriate.

1044.4 BODY PIERCING OR ALTERATION

Except for a female members wearing stud pierced earrings in the lobe of each ear, body piercing
or alteration to any area of the body visible in any authorized uniform or attire that is a deviation
from normal anatomical features and which is not medically required is prohibited. Such body
alteration includes, but are not limited to:
(a) Tongue splitting or piercing.
(b) The complete or transdermal implantation of any material other than hair replacement.
(c) Abnormal shaping of the ears, eyes, nose or teeth.
(d) Mutilation.
(e) Dental ornamentation to include the use of gold, platinum, silver, or other veneer caps.
Teeth, whether natural, capped, or veneered, shall not be ornamented with designs,
jewels, initials, etc.

1044.5 APPEARANCE DEEMED INAPPROPRIATE

The Chief of Police or designee will make the determination as to what is deemed excessive,
offensive, or inappropriate.

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1046 Oxnard PD Policy Manual

Uniform Regulations
1046.1 PURPOSE AND SCOPE
To establish a standard for attire worn by employees of the Oxnard Police Department. All
personnel will present a professional and standardized appearance at all times while on-duty,
unless the nature of an assignment requires otherwise, as authorized by the Chief of Police.

1046.2 WEARING AND CONDITION OF UNIFORM AND EQUIPMENT

Police employees wear the uniform in order to be identified as the law enforcement authority within
society. The uniform also serves an equally important purpose, which is to identify the wearer as
a source of assistance in an emergency, crisis, or other time of need.
(a) Uniform and equipment shall be maintained in a serviceable condition and shall be
ready at all times for immediate use. Uniforms shall be neat, clean, and appear
professionally pressed.
(b) All officers shall possess and maintain at all times, a serviceable uniform and the
necessary equipment to perform uniformed field duty.
(c) Personnel shall wear only the uniform specified for their rank and assignment.
(d) All supervisors will perform periodic inspections of their personnel to ensure
conformance to these regulations.
(e) Civilian attire shall not be worn in combination with any distinguishable part of the
uniform.
(f) Uniforms are only to be worn while on-duty, while in transit to or from work, for court,
or at other official department functions or events.
(g) If the uniform is worn while in transit, an outer garment shall be worn over the uniform
shirt so as not to bring attention to the employee while he/she is off-duty.
(h) Employees are not to purchase or drink alcoholic beverages while wearing any part
of the department uniform which may identify him/her to the public as an employee
of the Oxnard Police Department.
(i) Mirrored/reflectorized sunglasses will not be worn with any department uniform.
Sunglasses shall be conservative in styling, shape and colored black or dark grey.
The lens color will likewise be black, or grey. Manufacture markings are allowed if
conservative. No gaudy ornamentation such as rhinestones, skulls and cross bones,
etc is allowed. Eyeglass cords and chains will be dark in color and will not be
excessively long. Adjustable cords/chains using beads or clips are unacceptable.
(j) Department-issued body armor shall be worn in accordance with Policy Manual §
1024.
(k) Any deviation from this policy must be approved by the Chief of Police.

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1046.2.1 DEPARTMENT ISSUED IDENTIFICATION

The Department issues each employee an official department identification card bearing the
employee's name, identifying information, and photo likeness. All employees shall be in
possession of their department issued identification card at all times while on-duty or when carrying
a concealed weapon.
(a) Whenever on-duty or acting in an official capacity representing the Department,
employees shall display their department issued identification in a courteous manner
to any person upon request and as soon as practical.
(b) Officers working specialized assignments may be excused from the possession and
display requirements when directed by their supervisor.

1046.3 UNIFORM CLASSES

1046.3.1 CLASS A UNIFORM

The Class A uniform is to be worn on special occasions such as funerals, graduations, ceremonies,
or as directed. The Class A uniform is required for all sworn personnel. The Class A uniform
includes the standard issue uniform, including:
(a) Standard issued wool uniform pants.
(b) Standard issued long sleeve wool uniform shirt.
1. Badge and nameplate will be displayed on the outermost garment. The
nameplate will be worn as described in section 1046.3.2 below.
2. Silver nameplate and "P" buttons.
3. Nameplate and "P" buttons will be gold for the rank of sergeant and higher.
(c) Black clip-on tie with silver tie bar.
(d) Gold tie bar for the rank of sergeant and above. Tie bars will be worn so that the top
edge of the tie bar is even with the top edge of the shirt pocket flaps.
(e) Service stripes and pins shall be worn as described below.
(f) "Sam Browne" black leather basket weave or lightweight black leather basket weave
belt with silver buckle, with duty equipment carried in the appropriate holders.
Traditional equipment for the Class A belt, for ceremonies, is the duty belt, holster with
sidearm, ammo pouch with magazines, handcuff case with handcuffs, belt keepers,
and baton carrier, with no baton.
(g) Black shined leather or Corfam footwear. Black or dark blue socks.
(h) Standard issue cover with hat piece, chinstrap, and screw-in "P" buttons. The covers
will have the following accessories:
1. Covers for the Chief of Police will also have a gold-colored "Oak Leaf and Acorn"
design on the cover's bill.
2. Covers for assistant chiefs will have a gold-colored velour chinstrap and gold
"P" buttons.

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3. Covers for sergeants and commanders will have gold metal chinstraps and "P"
buttons.
4. Covers for senior officers and below will have silver chinstraps and "P" buttons.
5. Covers will have the standard hat piece, denoting the wearers rank. The hat
piece will be gold for sergeants and above and silver for all others.
6. Covers will be worn so there is no noticeable tilt to the sides or back. The base
of the cover should be parallel to the ground.
(i) Command Staff (Commander and higher) may wear a navy blue "Eisenhower" jacket
with sleeve insignia.
(j) Service Stripes shall be gold in color and worn on the left sleeve of all long-sleeve
shirts. Each service stripe "hash mark" represents four-years of sworn California law
enforcement service. A "hash mark" may be worn 6-months before each fourth year
anniversary.
(k) All equipment, accessories and shoes will be neat, clean, well shined, and in excellent
condition. Shoes will be in excellent repair and polished to a high gloss.
(l) For members of the Honor Guard, the wearing of the blue-felt campaign hat is
authorized in lieu of the standard cover. The standard cover or Honor Guard hat piece
is required. For all members of the Honor Guard, the braided-cord will be gold colored.
The campaign hat will be secured to the head with a neck strap worn to the rear of the
wearer's head, with the silver buckle centered on the wearer's head.
(m) For Academy Staff Officers, the wearing of the blue-felt campaign hat is authorized in
lieu of the standard cover. The standard cover hat piece is required. If the wearer is
a sergeant and above, the braided-cord will be gold colored. Otherwise, the braided-
cord will be silver. The campaign hat will be secured to the head with a neck strap worn
to the rear of the wearer's head, with the silver buckle centered on the wearer's head.
(n) For members of the Honor Guard, Rifle Team, or Traffic Unit, the standard necktie
may be replaced by a white or black neck scarf, for certain ceremonial functions, as
directed by the Chief of Police or his/her designee. Honor guard members may also
wear the appropriate braided cords and aiguillettes as directed by the Honor Guard
Commander.

1046.3.2 CLASS B UNIFORM

All officers will possess and maintain a serviceable Class B uniform at all times. The Class B
uniform will consist of the same garments and equipment as the Class A uniform (with certain
exceptions).
(a) Standard issued wool or PDU uniform pants.
(b) Standard issued wool or PDU long or short sleeve uniform shirt with open collar.
(c) Badge and nameplate will be displayed on the outermost garment. The nameplate will
be fixed on the right breast pocket flap, centered left to right on the pocket flap, with
the top edge of the nameplate even with the top edge of the pocket flap.

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(d) Black undershirt with crew (round neck) collar. T-shirts with worn, torn, discolored, or
sagging necklines will be replaced as unserviceable.
(e) With the long sleeved uniform, a black authorized brand turtleneck or mock turtleneck
long sleeve or dickey undershirt may be worn. The garment will not have any markings.
(f) "Sam Browne" black leather basket weave or lightweight black leather basket weave
belt with silver buckle, with duty equipment carried in the appropriate holders.
(g) Socks worn with uniforms are primarily black or dark blue in color. If the wearer is
wearing high-topped boots, which are at least 8-inches tall, the wearer may wear white
socks. Footwear may be the oxford type or chukka-type plain-toed shoe, or taller-
length boot. For all footwear, the footwear must be highly shined. If boot-type footwear
is worn, the toe may have a cap as long as the cap is not visibly stitched with leather
ornamentation, such as the "paratrooper" boot made by Corcoran®.
(h) Officers working patrol may wear the standard cover, or the blue felt or blue straw
campaign hat for police duties. The standard cover hat piece is required. For the
campaign hat, if the wearer is a sergeant and above, the braided cord will be gold
colored. Otherwise, the braided cord will be silver. The campaign hat will be secured
to the head with a neck strap worn to the rear of the wearer's head, with the silver
buckle centered on the back of the wearer's head. If the blue felt or straw hat is to
be worn during inclement weather, it shall be worn with the clear plastic hat cover to
prevent damage to the hat. If the hat becomes damaged for any reason causing it to
have a droopy or unprofessional appearance, the hat may no longer be worn and must
be replaced at the officer's expense. The appearance standard by which the hat can
no longer be worn will be determined by the employee's supervisor or any command
staff member.

1046.3.3 CLASS B UNIFORM WITH LOAD BEARING VEST

Officers working uniformed duties may wear a department-issued load bearing vest carrier. The
uniform is identical to the Class B uniform except for the following:
(a) Load Bearing Vest Carrier (vest carrier) – Officers shall only wear a vest carrier that
has been approved by the Chief of Police.
1. The vest carrier shall be worn over the 5.11 PDU, wool long sleeve or short
sleeve, or approved Blauer long sleeve or short sleeve shirts.
2. While wearing the vest carrier, officers shall maintain their assigned ballistic vest
inside the vest carrier at all times while on duty.
3. The vest carrier shall be maintained in a serviceable condition.
4. If the vest carrier is not service ready, the officer will return to the original Class
B uniform until their vest carrier becomes service ready.

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5. Officers who have been issued a vest carrier shall be required to wear it
while engaged in uniformed duties, unless they have prior approval from their
supervisor.
(b) The following shall apply to the Class B Uniform with the vest carrier:
1. Officers shall not modify the approved layout of the vest carrier.
2. The duty belt shall be all black with a black buckle and have a professional
appearance. The Sam Browne belt may be worn as the duty belt.
3. The duty belt shall not contain any items or equipment other than a drop down
holster with duty weapon and key clip.
4. Officers shall not add additional equipment, pockets, and/or clips to the vest
carrier and duty belt without approval from the Chief of Police or designee.
5. If an officer chooses to wear their jacket, the jacket shall be worn in a manner
that allows for accessibility to their equipment.
(c) Officers who choose to wear the vest carrier shall have it securely fastened and worn
at all times, unless the following conditions exist:
1. The officer is in a secured location where the general public does not have
access.
2. The officer is not engaged in or responding to a call for service or any
enforcement action.
(d) Officers who have removed their vest carrier are responsible for the following:
1. Shall maintain constant supervision of their vest carrier, unless it is secured by
lock (i.e. locker, vehicle trunk).
2. Shall keep their vest carrier readily available, so as to respond immediately, if
needed

1046.3.4 SPECIALIZED UNIT UNIFORMS

The Chief of Police may authorize special uniforms to be worn by officers in specialized units or
assignments. Uniform specifications will also be maintained in the unit manual for each of the
specialized units. Standardized uniforms will also be designated for non-sworn staff members
by assignment.

1046.3.5 SOFT UNIFORM

(a) Black polo shirt with the words "Oxnard Police" on the left chest and the first initial and
last name on the right chest, embroidered in white writing. No other ornamentation
is allowed.
(b) Black undershirt with a crew (round neck) collar, as described in 1046.3.2 (d)
(c) Black PDU style uniform pant.
(d) A black jacket with the words “Oxnard Police” on the left chest and the first initial and
last name on the right chest, embroidered in white writing, without any rank designation

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or other insignia. This jacket may be worn by sworn personnel who do not engage in
enforcement activities and designated non-sworn personnel.
(e) Authorized, black athletic style jacket with the words “Oxnard Police” on the left chest
and the first initial and last name on the right chest, without any rank designation or
other insignia. This jacket may be worn by sworn personnel who do not engage in
enforcement activities and designated non-sworn personnel.
(f) In cases where the user is not wearing a tactical outer-cover showing a badge, the
wearer shall display their police badge if displaying a weapon.

1046.3.6 NEIGHBORHOOD POLICING TEAM

(a) Standard issue Class B uniform as described in 1046.3.2 for daily patrol duties.
(b) NPT Officers may wear the soft uniform described in 1046.3.5 while attending
meetings and community relations events.
(c) NPT Officers will be issued a bicycle patrol uniform, as described in 1046.3.8.
(d) During tactical entries and search warrants, NPT officers may wear:
1. Class B Uniform, or;
2. The issued Investigations Bureau search warrant attire as described in
1046.3.14.

1046.3.7 SCHOOL RESOURCE OFFICERS

(a) Standard issue Class A uniform as described in 1046.3.1, or;
(b) Standard issue Class B uniform as described in 1046.3.2

1046.3.8 BICYCLE PATROL OFFICERS

(a) Black supplex and nylon lycra shorts.
(b) Black supplex training pants.
(c) Black supplex/polar fleece jacket with lining, shoulder patches, and embroidered
badge/name.
(d) Black polo-type knit shirt with banded sleeves. Shirts will be affixed with shoulder
patches, a soft badge, and the officer's name at the right chest area. "Police" shall be
marked in white across the upper back.
(e) Black undershirt with a crew (round neck) collar, as described in 1046.3.2 (d).
(f) Black, short (ankle) socks shall be worn when wearing shorts, and black, long (calf)
socks shall be worn when wearing pants.
(g) Solid black athletic shoes or approved cycling shoes.

1046.3.9 TRAFFIC OFFICER

(a) Standard issue Class A long sleeve uniform shirt (wool), or

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(b) Standard issue Class B short or long sleeve PDU uniform shirt
(c) Black undershirt with a crew (round neck) collar, as described in 1046.3.2 (d)
(d) “Motoport” Kevlar mesh motor pants
(e) All leather above the ankle patrol-style boot, capable of holding a high gloss shine
(f) Silver whistle and whistle chain. Gold whistle and whistle chain for Sergeants and
above.
(g) ¾ or full-faced helmet.
(h) The standard issued Class B Uniform may be authorized for training or special events
at the Traffic Commander or Sergeant’s discretion.

1046.3.10 CANINE UNIT

During standard patrol duties, the K9 Handler uniform will be:
(a) Standard issue black PDU uniform shirt.
(b) The uniform shirt will have an embroidered name plate and cloth badge attached. The
Department shoulder patches will have “K9” embroidered in the middle.
(c) Black undershirt with a crew (round neck) collar, as described in 1046.3.2 (d).
(d) Standard issue black PDU uniform pants.
During training and tactical operations the K9 Handler uniform will be:
(a) Green long sleeve PDU uniform shirt with an embroidered name plate and green
“Oxnard Police K9” patches on each shoulder or,
(b) Green 5.11 “Rapid Assault” shirt with green “Oxnard Police K9” patches on each
shoulder.
(c) Green PDU uniform trousers.
(d) Black undershirt with a crew (round neck) collar, as described in 1046.3.2 (d).
(e) Green tactical outer vest may be used depending on the severity of the tactical
incident. The vest will have “Police” patches on the front, back and sides.
(f) K9 Unit baseball hat.
(g) During training, K9 Handlers have the option of wearing the Black K9 Unit t-shirt in
lieu of the long sleeve PDU uniform shirt.

1046.3.11 SPECIAL WEAPONS AND TACTICS TEAM (SWAT)

The SWAT tactical uniform is worn during SWAT related incidents and training.
(a) Green PDU long sleeve uniform shirt with an embroidered name tape and cloth badge.
Green “SWAT” patches on each shoulder or,
(b) Green 5.11 “Rapid Assault” shirt with green “Oxnard Police SWAT” patches on each
shoulder
(c) Green PDU uniform trousers.

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(d) Black undershirt with a crew (round neck) collar, as described in 1046.3.2 (d).
(e) Green tactical vest with “Police” patches affixed to the front, back and sides.
(f) SWAT beanie or baseball hat is authorized during training and tactical operations.

1046.3.12 GANG ENFORCEMENT (SEU)

(a) Standard issue black PDU uniform shirt.
(b) The uniform shirt will have an embroidered name plate and cloth badge attached and
standard department shoulder patches.
(c) Black undershirt with a crew (round neck) collar, as described in 1046.3.2 (d).
(d) Standard issue black PDU uniform pants.

1046.3.13 VIOLENT CRIMES UNIT (VCU)

The following uniform shall be worn during the service of search warrants :
(a) Standard issue Investigation Bureau search warrant long or short sleeve t-shirt as
described in 1046.3.14 (b).
(b) Standard issue black PDU Pants.
(c) Black Tactical vest with white velcro “POLICE” patches on the front and back panels.
(d) Issued ballistic helmet.
The following jacket may be worn on call-outs, while conducting investigations, and situations
requiring enforcement action:
a. Standard issue blue windbreaker jacket with white badge insignia on the left chest, white
"Oxnard Police" shoulder patch logos on each shoulder sleeve, and white "Police" logo on the
back.

1046.3.14 INVESTIGATIVE BUREAU

When performing duties related to directed enforcement, such as search warrant service or
probation/parole searches, detectives shall be clearly identifiable as police officers and shall
adhere to the established standards described below.
(a) Standard issue Class B uniform and described in 1043.3.2, or
(b) Standard issue black long or short sleeve t-shirt with badge insignia on the left chest,
“Oxnard Police” shoulder patch logos on each shoulder sleeve, “Police” logo on back.
(c) Standard issue PDU uniform pants.
(d) Ballistic vest or Black tactical vest with white Velcro “POLICE” patches on the front
and back panels.
(e) Oxnard Police Badge clearly displayed on the outer most garment.
(f) Issued ballistic helmet during search warrant services is required.

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1046.3.15 CRISIS NEGOTIATION TEAM (CNT)

During monthly training and call-outs, member of the Crisis Negotiation Team shall adhere to the
established standards described below:
(a) Issued black polo shirt with “Crisis Negotiator” above “Oxnard Police Department” on
the left chest and first initial and last name on the right chest, embroidered in white
writing.
(b) Black undershirt with a crew (round neck) collar, as described in 1046.3.2 (d)
(c) Black PDU pants.

1046.3.16 RANGE STAFF

(a) Issued red polo shirt with "Oxnard Police Firearms Training Unit" on the left chest and
first initial and last name on the right chest, embroidered in black writing.
(b) Black undershirt with a crew (round neck) collar, as described in 1046.3.2 (d).
(c) Standard issue black PDU pants.
(d) Red Baseball style hat with “Range Master” or “Range Safety Officer” on the front and
the last name on the back, embroidered in black writing.
(e) Issued red sweatshirt with "Oxnard Police Firearms Training Unit" on the left chest
and the first initial and last name on the right chest, embroidered in black writing.

1046.3.17 DEFENSIVE TACTICS INSTRUCTORS

While providing or attending department training, approved competitions or conferences,
Defensive Tactics Instructors will adhere to the established standards described below:
(a) Standard issue Black T-Shirt with the Defensive Tactics Unit logo screen printed on
the left chest.
(b) Standard issue Black knee-length shorts with the Defensive Tactics Unit logo screen
printed on the left thigh.

1046.3.18 HONOR GUARD

(a) Standard issue Class A uniform with “Honor Guard” rocker patch above the “Oxnard
Police” standard uniform shoulder patch.
(b) Uniform adornments include the double strand citation shoulder cord, bib scarf, white
cotton waist belt, gold belt buckle, and white gloves.
(c) Gold name plate.
(d) “Honor Guard” Badge.
(e) High gloss oxford dress shoes.
(f) Felt Campaign Hat with gold hat cord and an Oxnard Police “Honor Guard” hat piece.

1046.3.19 POLICE SERVICE OFFICERS

(a) Standard issue Class A uniform as described in 1046.3.1, or;

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(b) Standard issue Class B uniform as described in 1046.3.2.

(c) "Police Service Officer" service badge.
(d) Nameplate worn as described in 1046.3.2.

1046.3.20 TRAFFIC SERVICE ASSISTANTS AND COMMUNITY SERVICE OFFICERS

(a) French blue wool long or short sleeved uniform shirt.
(b) Standard issue wool or PDU uniform pants.
(c) Black undershirt with crew (round neck) collar. T-shirts with worn, torn, discolored or
sagging necklines will be replaced as unserviceable.
(d) Black basket weave trouser belt.
(e) Designated service badge.
(f) Name plate worn as described in 1046.3.2.
(g) Traffic Service Assistants may wear a silver whistle and whistle chain.

1046.3.21 CHAPLAINS
(a) Standard issue Class A uniform as described in 1046.3.1, or:
(b) Standard issue Class B uniform as described in 1046.3.2.
(c) Uniforms will have gold "P" buttons, name tag and religious emblems.
(d) Standard issue soft cover for formal events.

1046.4 INCLEMENT WEATHER GEAR

(a) The standard issue uniform jacket may be worn with Class "A" or Class "B" uniforms.
Bike patrol jackets or other "special detail" jackets shall only be worn when assigned
to that detail or as otherwise authorized by the Chief of Police or his/her designee.
(b) Rain gear may be worn during inclement weather along with black rain boots if desired.
(c) Black rain gear will be issued for inclement weather to be worn by uniformed personnel.
Other types of black rain gear may be purchased as an option, at the employee's
own expense. The black rain gear worn by uniformed personnel shall have a black
embroidered name tape with yellow writing, cloth badge, shoulder patches, and senior
officer/sergeant stripes permanently affixed to the jacket. The gear shall have no
additional insignia or markings.
(d) The Department approved baseball cap and beanies will be black in color with
silver lettering, which reads, "Oxnard Police Department." The make and style of the
baseball cap and beanies will be of high quality, and will be approved by the Chief
of Police.

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(e) The Department approved baseball cap may be worn by uniformed personnel during
rainy weather. For protection from the sun, uniformed personnel should wear the soft
cap or campaign hat. An exception will be made for uniformed personnel to wear the
Department approved baseball cap during incidents that require lengthy exposure to
the sun. Use during festivals/events must be preauthorized. Use of the Department
approved baseball cap with approved soft uniforms is subject to the approval of the
commander for that unit.
(f) The Department approved baseball cap may be worn by non-uniformed officers
during callouts, when worn in conjunction with other Department approved apparel
designating the wearer as a police employee.
(g) The beanie may be worn when the temperature drops to 49 degrees or below, or as
authorized by the Watch Commander. The beanie may only be worn in conjunction
with a department issued jacket or long sleeved shirt.
(h) Both the hat and beanie will be provided by the Department to uniformed personnel
who want them, and must be kept in a clean, presentable condition. Only that head
wear issued by the Department is approved. If a commander determines that a
baseball cap or beanie is no longer suitable for wear, theemployee will return the cap
or beanie to the Personnel and Training Unit for a new one.
(i) The Department approved baseball cap and beanies are not to be worn off-duty.
(j) No pins, adornments, or other modifications may be made to the Department approved
baseball cap or beanies. Caps and beanies will be worn with the lettering and bill of
the cap facing forward. They will be worn in a professional manner and will not be
worn up high, or pulled down below the top of the eyebrows.

1046.5 INSIGNIA AND PATCHES

(a) Shoulder Patches - The authorized shoulder patch supplied by the Department shall
be machine stitched to the sleeves of all uniform shirts and jackets, one inch below
the shoulder seam of the shirt and centered on the sleeve. If the "Honor Guard" Tab
is worn, the tab shall be one inch below the shoulder seam of the shirt and centered
on the sleeve, and the departmental shoulder patch shall be placed flush below the
bottom of the Honor Guard Tab.
(b) Service Stripes - Service stripes shall be gold in color and worn on the left sleeve
of all long sleeved shirts. Each service stripe indicates four years of sworn California
law enforcement service, and may be worn six months prior to each fourth year
anniversary. They are to be machine stitched onto the uniform. The bottom of the
service stripe shall be sewn one and one-half inches above the cuff seam centered
on the sleeve. The stripes will be at a 30-degree angle. The stripes are to be worn
on the left sleeve only.

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(c) Nameplate - The regulation nameplate, or an authorized sewn-on cloth name tape,
shall be worn at all times while in uniform. The nameplate shall display the employee's
first initial and last name. The writing on the nameplate will be black. If the employee
desires other than the legal first name, the employee must receive approval from the
Chief of Police. The nameplate shall be worn as described in section 1046.3.2 above.
(d) When a jacket is worn, the nameplate or an authorized sewn-on cloth name tape shall
be worn. The nameplate shall be worn as described in section 1046.3.2 above. If a
name tape is worn, it will be machine stitched above the right pocket flap, with the
name tape sewn on the garment as wide as the pocket flap, with the employee's first
initial and last name embroidered in yellow on the black name tape, centered, to the
left and right on the name tape.
(e) Badge - The department issued badge, or an authorized sewn-on cloth badge, must
be worn and visible at all times while in uniform.
(f) Rank Insignia - The designated insignia indicating the employee's rank must be worn
at all times while in uniform. The Chief of Police may authorize exceptions. The rank
insignia for senior officers and sergeants shall be in the form of gold chevrons with
black edging, machine stitched onto the sleeves of the uniform shirt and jacket. The
stripe will be sewn below the department patch, and centered on the sleeve.
1. The rank insignia of Commanders and above will be in the form of 5-pointed
stars, 1-for Commander, 3-for Assistant Chief, and 4-for the Chief of Police.
The multiple-stars are worn vertically on each collar, and the top points of the
stars are toward the wearer's throat. The bottom tip of the bottom star will be 1"
from the leading edge of the collar. The stars will be evenly spaced (centered)
between the inner and outer edges of the collar. For Commanders, the star will
be worn approximately one inch up from the bottom of the collar and one inch
in from the outside edge of the collar.
2. Field Training Officers will wear a single gold chevron on their uniform in order
to designate their position. The wearing of the chevron will be consistent with
the rank of sergeant and senior officer as outlined above.
(g) Traffic "Flying Arrow/Wheel" Patch -
1. Traffic patches will be worn on the shirt or cloth jacket sleeves. The wheel
portion of the patch will be one inch below the department patch. If the patches
are accompanied by chevron stripes, the stripes will be below the department
shoulder patch as described in section 1046.4 (g) above, the traffic patch will be
one inch below the chevron. If on short-sleeved shirts the chevron stripes and
traffic patch cannot fit, the traffic patch may be left off the shirt.

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Uniform Regulations

1046.6 SPECIALTY/SERVICE PINS

The following pins are authorized by the Chief of Police to be worn on the right pocket flap by
officers by virtue of award, or membership in selected units: Medal of Merit, Medal of Valor, SWAT,
Motors, CIT, Hostage Negotiator, 10851, 23152, Drug Recognition Expert, FTO, and Officer of
the Year.
(a) Any single pin will be worn to the left of the nameplate, centered between the left edge
of the pocket flap and the left edge of the nameplate, with the top edge of the pin even
with the top edge of the pocket flap.
(b) If two pins are worn, the second pin will be worn to the right of the nameplate, centered
between the right edge of the pocket flap and the right edge of the name plate, with
the top edge of the pin even with the top edge of the pocket flap.
(c) Only two types of pins may be worn on the left pocket flap. Only one pin may be worn
at a time.
1. Purple Heart. If awarded, the Purple Heart may be worn on the left pocket flap,
centered left to right on the pocket flap, with the top edge of the pin even with
the top edge of the pocket flap.
2. American flag. The American flag may be worn on the left pocket flap, centered
left to right on the pocket flap, with the top edge of the pin even with the top edge
of the pocket flap. The American flag pin shall be a true color representation of
the flag, with 50 stars and 13 stripes. It shall be 3/4” in width by 3/8” in height.

1046.7 CIVILIAN ATTIRE

There are assignments within the Department that do not require the wearing of a uniform because
recognition and authority are not essential to the function. There are also assignments in which
the wearing of civilian attire is necessary.

(a) All employees shall wear clothing that fits properly, is clean, and free of stains, and
not damaged or excessively worn.
(b) All male administrative, investigative, and support personnel who elect to wear civilian
clothing to work shall wear button style shirts with a collar, slacks or suits that are
moderate in style.
(c) All female administrative, investigative, and support personnel who elect to wear
civilian clothes to work shall wear dresses, slacks, shirts, blouses, or suits, which are
moderate in style.
(d) Civilian female personnel required to wear a uniform will have the option to wear their
hair down as long as it is professional in appearance. Civilian female personnel shall
wear a crew neck T-shirt under their uniform.
(e) The following items shall not be worn on duty:
1. T-shirt alone.
2. Flip-flops.

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Uniform Regulations

3. Tank-tops, strapless-tops, or halter-tops.

4. Spandex type pants or see-through clothing.
5. Distasteful or unauthorized printed slogans, buttons, or pins.
(f) Variations from this order are allowed at the discretion of the Chief of Police or his/
her designee when the employee's assignment or current task is not conducive to the
wearing of such clothing.
(g) No item of civilian attire may be worn on-duty that would adversely affect the reputation
of the Oxnard Police Department or the morale of the employees.
(h) Authorized civilian personnel may wear the following:
1. Black acrylic sweater (female).
2. Authorized jackets as described in 1046.3.5 (d) and (e).
3. Short or long sleeve black polo shirt with the words "Oxnard Police" on the left
chest and the first initial and last name on the right chest, embroidered in white
writing. No other ornamentation is allowed.
4. Black undershirt with a crew (round neck) collar, as described in 1046.3.2 (d).
5. Black PDU style uniform pant.
6. For Class A functions, personnel will have the option of wearing the uniform
described in this section or business attire.

1046.8 OPTIONAL EQUIPMENT - MAINTENANCE AND REPLACEMENT

(a) Maintenance of optional items shall be the financial responsibility of the purchasing
employee. For example, repairs due to normal wear and tear.
(b) Replacement of optional items shall be done as follows:
1. When the item is no longer functional because of normal wear and tear, the
employee bears the full cost of replacement.
2. When the item is no longer functional because of damage in the course of
the employee's duties, it shall be replaced following the procedures for the
replacement of damaged personal property (Policy Manual § 700).

1046.9 RETIREE BADGES

The Chief of Police may issue identification in the form of a badge, insignia, emblem, device, label,
certificate, card or writing that clearly states the person has honorably retired from the Oxnard
Police Department. This identification is separate and distinct from the identification authorized
by Penal Code § 25455 and referenced in the Retired Officer CCW Endorsement Policy in this
manual.
A retiree shall be instructed that any such items will remain the property of the Oxnard Police
Department and will be revoked in the event of misuse or abuse.

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1046.10 UNAUTHORIZED UNIFORMS, EQUIPMENT AND ACCESSORIES

Oxnard Police Department employees may not wear any uniform item, accessory or attachment
unless specifically authorized in this policy or by the Chief of Police or designee.

1046.11 MOURNING BANDS

The Watch Commander or Chief of Police may direct officers and uniformed civilian employees
to wear mourning bands on his/her badge in the following situations:
(a) Any on-duty or line of duty death of a peace officer from San Luis Obispo County south
to San Diego County.
(b) Any line of duty death of a peace officer in the State of California or another state as
directed by the Chief of Police.
Officers and uniformed civilian employees shall wear a solid black cloth band horizontally across
the center of their badge from the time he/she is directed by the Watch Commander or Chief,
until 1700 hours on the day of the funeral. Wearing of the mourning band is not optional and shall
include officers who wear a badge that is displayed whether he/she is in uniform or not. Personnel
will not wear a mourning band without first being directed to do so by the Watch Commander or
the Chief.

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 Policy Oxnard Police Department
1048 Oxnard PD Policy Manual

Police Explorers
1048.1 PURPOSE AND SCOPE
(a) The Oxnard Police Department Explorer Program is designed to give young adults the
opportunity to learn about the field of law enforcement.
(b) This policy will describe the requirements for application into the Explorer Program
with the Oxnard Police Department as well as establish uniform standard operating
procedures for the Post.

1048.2 METHOD
The basic unit of the program is the Post.
(a) The Post will have at least one advisor and one associate advisor, with the advisor
being a sworn officer from the Oxnard Police Department.
(b) The Explorer Advisory staff shall include a member of each gender.
(c) The number of advisors is dependent on the total enrollment of the Post.
Membership Requirements
(a) Law enforcement exploring is a worksite-based program for young men and women
who have completed the eighth grade and are 14 years of age, or are 15 years of age
but have not yet reached their 21st birthday.
(b) Possess and maintain at least a 2.0 grade point average while attending school.
(c) Be free of any disability that may jeopardize anyone participating in the program.
(d) Pass an oral, a written, and a physical fitness test.
(e) Applicants may not have any serious criminal history, and must pass a thorough
background investigation completed by a member of the Explorer Advisor staff.

1048.3 OPERATION
The Standard Operating Procedure of the Oxnard Police Explorer Post #9286 is set forth in its
Policy and Procedures Manual, Sections III through VII. Some significant directives are:

1048.3.1 RANKS
The descending order of rank in the Explorer Post is as follows:
(a) Explorer Captain.
(b) Explorer Lieutenant.
(c) Explorer Sergeant.
(d) Senior Explorer.

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(e) Explorer.

1048.3.2 RULES AND REGULATIONS

While on-duty or off-duty, as dictated by the Oxnard Police Department Policy Manual, all
Explorers shall be governed by the following rules and regulations:
(a) Devote his/her time and attention to the service of the city of Oxnard and the Police
Department.
(b) Direct and coordinate his/her efforts in a manner that will establish and maintain the
highest standards of efficiency.
(c) Maintain a professional image and act together to assist each other.
(d) Serve the department with loyalty and discretion.
Any rule, regulation, or policy governing the Department and not in this manual, shall also be
deemed a portion of this manual, if applicable.

1048.3.3 DISCIPLINARY ACTIONS

Any violation of the rules within this manual may subject the Explorer to disciplinary action.
Discipline may be dispensed in one of the following manners by the "Disciplinary Board":
(a) Oral reprimand and/or counseling.
(b) Written reprimand.
(c) A probationary period.
(d) Removal from office.
(e) Suspension.
(f) Dismissal from Post.
The "Disciplinary Board" will consist of the uninvolved Post Advisor, an Associate Advisor and two
of the highest ranking non involved Explorers.
If discipline is imposed, nothing in this section shall limit or prohibit the Explorer disciplined from
appealing the findings of the imposed discipline.
The appeal shall be in writing and submitted to the Explorer Post Sergeant.

1048.3.4 JOB ORIENTED ACTIVITIES

Job-oriented activities are intended to familiarize explorers with the nature and complexity of law
enforcement.
These activities are to be nonhazardous in nature and may include, but are not limited to, the
following:
(a) Crime prevention activities.
(b) Assist with crowd and traffic control at parades, festivals, and other events.

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(c) Participate in color guard at civic events.

(d) Participate as observers during ride-alongs.
(e) Assist with crime scene or missing person searches.
(f) Assist desk personnel.
(g) Assist station personnel with filing.
(h) Community Service Programs.

1048.3.5 COMMUNICATION WITH PRISONERS

Explorers are prohibited from communicating with persons in custody.

1048.3.6 PRIVILEGED INFORMATION

(a) There will be no unauthorized use by explorers of any department files, teletype
systems, or wanted persons flyers.
(b) Explorers will be assigned to the permitted activities on the basis of his/her training,
ability, experience, and maturity.
(c) It is the Explorer Lieutenant's responsibility, or the highest ranking explorer, not to
assign an explorer to any duty for which they are not prepared.
(d) The Post Advisor will have final authority over any assignment of explorers.

1048.4 RIDE-ALONGS
(a) Only explorers who have attended and completed the Explorer Academy will be
allowed to ride along.
(b) Ride-alongs are a privilege and not a right. This privilege may be terminated at any
time.
(c) Explorer dress will be Class "B" uniform unless otherwise dictated.
(d) Explorers must have ten (10) hours of community service time for each ride-along per
calendar month.
(e) An explorer must ride at least three (3) times per year, and no more than twice per
calendar month.
(f) Explorers are to notify the Watch Commander via the Explorer Advisor and obtain
permission prior to each ride-along.
(g) Explorers shall not become actively involved in the arrest or physical control of a
suspect or other person.
(h) Explorers shall remain in the police car at all times unless instructed otherwise by the
officer.

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(i) Explorers shall not operate any unit equipment unless directed to do so by the officer.
(j) The policy manual is not all inclusive of the policies and procedures of Post #9286,
and all inquiries shall be made to the Post Policy and Procedure manual.
(k) Explorers under the age of 18 may ride with parental consent until 0000 hours.
(l) The Oxnard Police Department Explorer Post shall be in compliance with the Boy
Scouts of America, Learning for Life Ride-Along certification program, and shall be in
compliance with all rules and regulations.
(m) Explorers shall wear a bullet proof vest at all times, and shall also posses a traffic
safety vest, a flashlight, and his/her identification card.

1048.5 SECTION TITLE

The Oxnard Police Department does not codone, and will not permit fraternization between
Explorers and Post Advisors or any other member of the police department. This applies to all
youth members regardless of local or state laws related to the age of consent. Fraternization is not
in keeping with the mentor relationship between youth members and adult leaders. Any employee
contemplating becoming a personal mentor of an Oxnard Police Explorer shall contact the Explorer
Police Sergeant for guidance and approval. Fraternization is defined as the development of
a "Personal Relationship", as defined in section 1050.1.1.

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 Policy Oxnard Police Department
1049 Oxnard PD Policy Manual

Academy Instructors
1049.1 PURPOSE AND SCOPE
To create a process to select instructors for the Ventura County Criminal Justice Training Center.

1049.2 METHOD
Officers from the Oxnard Police Department are at times requested to teach classes at the regular
police academy by the Ventura County Sheriff's Department. The following will outline the process
and chain of command for academy instructors:
(a) All instructors will be chosen and supervised through the Professional Standards
Division. The Professional Standards Commander will manage the program, and the
Personnel and Training Sergeant will liaison with the academy and the instructors.
(b) The selection process and length of assignment shall be consistent with Policy Manual
§ 1003.

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1050 Oxnard PD Policy Manual

Nepotism and Conflicting Relationships

1050.1 PURPOSE AND SCOPE
The purpose of this policy is to ensure equal opportunity and effective employment practices by
avoiding actual or perceived favoritism, discrimination or actual or potential conflicts of interest by
or between members of this department. These employment practices include: recruiting, testing,
hiring, compensation, assignment, use of facilities, access to training opportunities, supervision,
performance appraisal, discipline and workplace safety and security.

1050.1.1 DEFINITIONS
Business relationship - Serving as an employee, independent contractor, compensated
consultant, owner, board member, shareholder, or investor in an outside business, company,
partnership, corporation, venture or other transaction, where the Department employee’s annual
interest, compensation, investment or obligation is greater than $250.
Conflict of interest - Any actual, perceived or potential conflict of interest in which it reasonably
appears that a department employee’s action, inaction or decisions are or may be influenced by
the employee’s personal or business relationship.
Nepotism - The practice of showing favoritism to relatives over others in appointment,
employment, promotion or advancement by any public official in a position to influence these
personnel decisions.
Personal relationship - Includes marriage, cohabitation, dating or any other intimate relationship
beyond mere friendship.
Public official - A supervisor, officer or employee vested with authority by law, rule or regulation
or to whom authority has been delegated.
Relative - An employee’s parent, stepparent, spouse, domestic partner, significant other, child
(natural, adopted or step), sibling or grandparent.
Subordinate - An employee who is subject to the temporary or ongoing direct or indirect authority
of a supervisor.
Supervisor - An employee who has temporary or ongoing direct or indirect authority over the
actions, decisions, evaluation and/or performance of a subordinate employee.

1050.2 RESTRICTED DUTIES AND ASSIGNMENTS

The Department will not prohibit all personal or business relationships between employees.
However, in order to avoid nepotism or other inappropriate conflicts, the following reasonable
restrictions shall apply (Government Code § 12940):
(a) Employees are prohibited from directly supervising, occupying a position in the line of
supervision or being directly supervised by any other employee who is a relative or
with whom they are involved in a personal or business relationship.

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1. If circumstances require that such a supervisor/subordinate relationship exist

temporarily, the supervisor shall make every reasonable effort to defer matters
pertaining to the involved employee to an uninvolved supervisor.
2. When personnel and circumstances permit, the Department will attempt to
make every reasonable effort to avoid placing employees in such supervisor/
subordinate situations. The Department, however, reserves the right to transfer
or reassign any employee to another position within the same classification in
order to avoid conflicts with any provision of this policy.
(b) Employees are prohibited from participating in, contributing to or recommending
promotions, assignments, performance evaluations, transfers or other personnel
decisions affecting an employee who is a relative or with whom they are involved in
a personal or business relationship.
(c) Whenever possible, FTOs and other trainers will not be assigned to train relatives.
FTOs and other trainers are prohibited from entering into or maintaining personal or
business relationships with any employee they are assigned to train until such time as
the training has been successfully completed and the employee is off probation.
(d) To avoid actual or perceived conflicts of interest, members of this department shall
refrain from developing or maintaining personal or financial relationships with victims,
witnesses or other individuals during the course of or as a direct result of any official
contact.
(e) Except as required in the performance of official duties or, in the case of
immediate relatives, employees shall not develop or maintain personal or financial
relationships with any individual they know or reasonably should know is under
criminal investigation, is a convicted felon, parolee, fugitive or registered sex offender
or who engages in serious violations of state or federal laws.

1050.2.1 EMPLOYEE RESPONSIBILITY

Prior to entering into any personal or business relationship or other circumstance which the
employee knows or reasonably should know could create a conflict of interest or other violation of
this policy, the employee shall promptly notify his/her uninvolved, next highest level of supervisor.
Whenever any employee is placed in circumstances that would require the employee to take
enforcement action or provide official information or services to any relative or individual with
whom the employee is involved in a personal or business relationship, the employee shall promptly
notify his/her uninvolved, immediate supervisor. In the event that no uninvolved supervisor is
immediately available, the employee shall promptly notify dispatch to have another uninvolved
employee either relieve the involved employee or minimally remain present to witness the action.

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Nepotism and Conflicting Relationships

1050.2.2 SUPERVISOR'S RESPONSIBILITY

Upon being notified of, or otherwise becoming aware of any circumstance that could result in or
constitute an actual or potential violation of this policy, a supervisor shall take all reasonable steps
to promptly mitigate or avoid such violations whenever possible. Supervisors shall also promptly
notify the Chief of Police of such actual or potential violations through the chain of command.

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1052 Oxnard PD Policy Manual

Department Badges
1052.1 PURPOSE AND SCOPE
The Oxnard Police Department badge and uniform patch as well as the likeness of these items
and the name of the Oxnard Police Department are property of the Department and their use shall
be restricted as set forth in this policy.

1052.2 POLICY
The uniform badge shall be issued to department members as a symbol of authority and the use
and display of departmental badges shall be in strict compliance with this policy. Only authorized
badges issued by this department shall be displayed, carried or worn by members while on duty
or otherwise acting in an official or authorized capacity.

1052.2.1 FLAT BADGE

Sworn officers shall be issued a flat badge capable of being carried in a wallet. The use of the flat
badge is subject to all the same provisions of departmental policy as the uniform badge.

(a) Should the flat badge become lost, damaged, or otherwise removed from the officer's
control, he/she shall make the proper notifications as outlined in the Policy Manual
§ 700.
(b) An honorably retired officer must turn in his/her active-duty flat badge, and may be
issued a retiree flat badge upon retirement (in accordance with the Department's
Separation Protocol).
(c) The purchase, carrying or display of a flat badge is not authorized for civilian personnel.

1052.2.2 CIVILIAN PERSONNEL

Badges issued to civilian personnel shall be clearly marked to reflect the position of the assigned
employee (e.g. Traffic Service Assistant, Dispatcher).
(a) Civilian personnel shall not display any department badge except as a part of his/her
uniform and while on duty, or otherwise acting in an official and authorized capacity.
(b) Civilian personnel shall not display any department badge or represent him/herself,
on or off duty, in such a manner which would cause a reasonable person to believe
that he/she is a sworn peace officer.

1052.2.3 RETIREE UNIFORM BADGE

Upon honorable retirement employees may receive his/her assigned duty badge for display
purposes, in accordance with the Department's Separation Protocol. It is intended that the duty
badge be used only as private memorabilia as other uses of the badge may be unlawful or in
violation of this policy.

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Department Badges

1052.3 UNAUTHORIZED USE

Except as required for on-duty use by current employees, no badge designed for carry or display in
a wallet, badge case or similar holder shall be issued to anyone other than a current or honorably
retired peace officer.
Department badges are issued to all sworn employees and civilian uniformed employees for official
use only. The Department badge, shoulder patch, or the likeness thereof, or the Department
name shall not be used for personal or private reasons including, but not limited to, letters,
memorandums, and electronic communications such as electronic mail or websites and web
pages.
The use of the badge, uniform patch, and the Department name for all material (printed matter,
products, or other items) developed for department use shall be subject to approval by the Chief
of Police.
Employees shall not loan his/her department badge or identification card to others and shall not
permit the badge or identification card to be reproduced or duplicated.
Employees shall not loan his/her identification card to other for the purposes of allowing them
to enter any controlled access location such as the or other future locations that
record who enters/exits a particular facility.

1052.4 PERMITTED USE BY EMPLOYEE GROUPS

The likeness of the Department badge shall not be used without the expressed authorization of
the Chief of Police and shall be subject to the following:
(a) The employee associations may use the likeness of the Department badge for
merchandise and official association business provided they are used in a clear
representation of the association and not the Oxnard Police Department. The following
modifications shall be included:
1. The text on the upper and lower ribbons is replaced with the name of the
employee association.
2. The badge number portion displays the acronym of the employee association.
(b) The likeness of the Department badge for endorsement of political candidates shall
not be used without the expressed approval of the Chief of Police.

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1054 Oxnard PD Policy Manual

Temporary Modified-Duty Assignments

1054.1 PURPOSE AND SCOPE
The purpose of this policy is to establish procedures for assigning employees to modified duty.
Temporary modified duty assignments may be available to employees who have incurred a duty-
related illness or injury and, due to restrictions or limitations, are unable to perform regularly
assigned duties. Non-duty related illnesses or injuries may also be considered for eligibility in
accordance with this policy. Eligibility for modified duty assignment is subject to the approval of
the appropriate bureau chief.
Modified duty assignments are intended to provide an employee with the ability to continue working
within the limits of his/her restrictions and limitations on a temporary basis while providing the
Department with a productive employee during the interim period.
The Department will engage in a good faith interactive process to consider reasonable
accommodations for any employee with a temporary or permanent disability.

1054.2 MODIFIED DUTY DEFINED

Modified Duty - A temporary, limited-term assignment not requiring performance of the full range
of duties associated with the regular job classification.
The Personnel and Training Sergeant and the Workers' Compensation Manager are responsible
for ensuring that injured personnel return to full-duty as soon as possible and will monitor
the injured employee's progress. The Department's guidelines regarding the application and
administration of modified duty assignments for injured employees are as follows:

(a) When an employee incurs an injury or illness that precludes him/her from performing
his/her regular duties, the Department will consider modified duty assignments on a
case by case basis. No modified duty assignment shall be approved or ordered unless
the following conditions exist:
1. The employee's physician or the treating physician designated by the City of
Oxnard endorses such assignment.
2. The treating physician has completed a report indicating the nature of illness,
treatment/therapy required and specific work restrictions. The physician should
also indicate all medications prescribed and if these present any safety issues
to the injured employee.
3. The treating physician believes the injured employee will be able to return to a
full duty status within one year.

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(b) Employees shall submit a duty status report for each visit to the treating physician. A
duty status report shall be required at least every 30 days the employee is on modified
duty.
(c) Each modified duty assignment will be reviewed monthly. Modified duty assignments
which extend past one year will be reviewed and approved by the appropriate bureau
chief.

1054.3 LIMITATIONS
Modified duty assignments are a management prerogative and not an employee right. Modified
duty assignments shall be subject to continuous re-assessment dependent upon department need
and the employee's ability to perform in a modified duty capacity.
An injured employee may be assigned to a modified duty position outside of his/her normal
assignment or duties if it becomes available. The employee shall be given the option to either
accept the position or draw on applicable sick leave or other leave accounts as applicable.

(a) If an employee cannot adequately perform in a modified--duty assignment, such

assignment may be modified or terminated.
(b) The lack of department need or a change in priorities may result in the employee's
removal from or modification of a modified duty assignment.
(c) The Department may place conditions as deemed appropriate upon any modified duty
assignment.

1054.4 PROCEDURE
Employees may request assignment to modified duty by providing a signed statement from
their health care provider describing their restrictions, limitations and expected duration to their
Bureau Chief or his/her designee. The statement must also indicate if the employee requires any
workplace accommodations, mobility aids or medical devices.
The Bureau Chief, or designee, will determine what modified-duty assignments may be available
based on the needs of the Department, limitations of the employee and suitability of the employee
to work a particular assignment. Requests for a modified-duty assignment of 20 hours or less may
be approved and facilitated by Bureau Chief. Assignments of longer duration are subject to the
approval of the Chief of Police or his/her designee.

1054.4.1 MODIFIED DUTY SCHEDULES

The schedules of employees assigned to modified duty may be adjusted to suit medical
appointments or department needs at the discretion of the appropriate bureau chief.
The employee and his/her supervisors should be informed in writing of the schedule, assignment,
and limitations and restrictions as determined by the employee's health care provider.

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1054.4.2 ACCOUNTABILITY
The employee's commander/manager shall coordinate efforts to ensure proper time
accountability.

(a) Employees on modified duty are responsible for coordinating required doctor visits
and physical therapy appointments in advance with his/her supervisor to appropriately
account for any duty time taken. Doctor visits and appointments for treatment of
injuries or illnesses that are not work related shall be arranged during off-duty time or
otherwise charged to the employee's leave bank.
(b) Employees shall promptly submit a status report for each visit to the treating health
care provider and shall immediately notify the Personnel and Training Unit of any
change in restrictions or limitations as determined by the health care provider. An
employee assigned to a modified duty assignment shall provide a duty status report to
the Personnel and Training Unit no less than once every 30 days while the employee
is on modified duty.
(c) The Personnel and Training Unit shall keep the bureau chief apprised of the
employee's status and ability to perform the modified duty assignment. Modified duty
assignments that extend beyond one year will require a written status report and a
request for an extension to the bureau chief with an update of the employee's current
status and anticipated date of return to regular duty. Extensions require approval of
the bureau chief.

1054.4.3 MEDICAL EXAMINATIONS

Prior to returning to full-duty status, employees shall be required to provide a statement signed
by the health care provider indicating that the employee is medically cleared to perform the basic
and essential job functions of the assignment without restriction or limitation. Based on criteria
set forth by Human Resources, the employee may be required to complete a Functional Capacity
Evaluation (FCE) for industrial injuries prior to return to full-duty .

1054.5 PREGNANCY
It is the policy of the Department to reassign employees who are pregnant upon request by the
employee or when deemed necessary by the Department to temporary assignments that will not
routinely expose the employee to potentially hazardous environments or activities.
Employees who are pregnant will be treated as prescribed by the federal Pregnancy Discrimination
Act (PDA). This allows the employee to continue working in her usual and customary assignment
until her personal physician believes she is not able to continue in that assignment. At that time,
the employee must bring in a note from her physician stating specific restrictions for the employee
so a modified duty agreement can be requested. Depending on the restrictions and the nature
of the modified duty request, each case will be assessed individually by the appropriate bureau
chief. Requests will be assessed in the best interest of the employee and the Department.

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1054.5.1 EMPLOYEE NOTIFICATION

An employee who learns of her pregnancy should notify her immediate supervisor or a designated
acting supervisor of the pregnancy as soon as practical. The employee must inform the
Department of her intent regarding reassignment, job accommodations, and anticipated leave for
the pregnancy or prenatal care. The employee shall also submit a statement from her health care
provider of any job restrictions or limitations she may have.

1054.5.2 SUPERVISOR RESPONSIBILITY

Upon receiving the medical verification of the pregnancy and a request for job accommodation,
reassignment or leave, the Personnel and Training Unit shall notify the appropriate bureau chief,
who will consider assigning the employee to an available temporary modified duty assignment
if it is deemed appropriate by the Department or medically necessary by the employee's health
care provider.
If at any point during the pregnancy it becomes necessary for the employee to take a leave of
absence, such leave shall be granted consistent with the City's Personnel Rules and Regulations
regarding family and medical care leave.

1054.6 PROBATIONARY EMPLOYEES

Probationary employees who are assigned to a temporary modified duty assignment may have his/
her probation extended by a period of time equal to the employee's assignment to modified duty.

1054.7 MAINTENANCE OF CERTIFICATION AND TRAINING

Employees assigned to modified duty shall maintain all certification, training, and qualifications
appropriate to both the regular and temporary duties, provided the certification, training, or
qualifications are not in conflict with any limitations or restrictions. Employees who are assigned
to modified duty shall inform the Personnel and Training Sergeant of any inability to maintain any
certification, training, or qualifications.
If an employee has been off work for an extended period of time, the employee will coordinate
with the Personnel and Training Sergeant to ensure that all minimum training requirements/
qualifications are completed as needed for the assignment.

1054.8 PHYSICAL THERAPY AND MEDICAL APPOINTMENTS

The following shall apply to physical therapy and medical appointments for injuries that are work
related;

(a) The employee will make every attempt to schedule the appointment on a work
day, and, where possible, close to the end or start of the shift to minimize the amount
of time lost from the work place.
(b) If the appointment occurs during regular duty hours, the employee may attend on-duty
and the time away will be recorded as regular time worked.

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(c) If the appointment cannot be scheduled during the employee's regular duty hours, the
employee shall notify the Personnel and Training Unit within 24 hours of recieving
notification of the appointment.
(d) If the appointment cannot be scheduled during the employee's regular duty hours, the
employee shall be compensated with overtime, which will include travel time.
There is no injury release time for physical therapy and medical appointments for injuries that are
not work related. Sick time or annual leave will be used in those instances.

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 Policy Oxnard Police Department
1058 Oxnard PD Policy Manual

Employee Speech, Expression and Social

Networking
1058.1 PURPOSE AND SCOPE
This policy is intended to address issues associated with employee use of social networking sites
and to provide guidelines for the regulation and balancing of employee speech and expression
with the needs of the Department.
Nothing in this policy is intended to prohibit or infringe upon any communication, speech, or
expression that is protected or privileged under law. This includes speech and expression
protected under state or federal constitutions as well as labor or other applicable laws. For
example, this policy does not limit an employee from speaking as a private citizen, including acting
as an authorized member of a recognized bargaining unit or officer associations, about matters
of public concern, such as misconduct or corruption.

1058.1.1 APPLICABILITY
This policy applies to all forms of communication including, but not limited to, film, video, print
media, public or private speech, use of all Internet services, including the World Wide Web, email,
file transfer, remote computer access, news services, social networking, social media, instant
messaging, blogs, forums, video and other file-sharing sites.

1058.2 POLICY
Public employees occupy a trusted position in the community, and thus, their statements have the
potential to contravene the policies and performance of this department. Due to the nature of the
work and influence associated with the law enforcement profession, it is necessary that employees
of this department be subject to certain reasonable limitations on their speech and expression. To
achieve its mission and efficiently provide service to the public, the Oxnard Police Department will
carefully balance the individual employee’s rights against the Department’s needs and interests
when exercising a reasonable degree of control over its employees’ speech and expression.

1058.3 SAFETY
Employees should consider carefully the implications of his/her speech or any other form of
expression when using the Internet. Speech and expression that may negatively affect the safety
of department employees, such as posting personal information in a public forum, can result
in compromising an employee's home address or family ties. Employees should therefore not
disseminate or post any information on any forum or medium that could reasonably be anticipated
to compromise the safety of any employee, an employee's family, or associates. Examples of the
type of information that could reasonably be expected to compromise safety include:
(a) Disclosing a photograph and name or address of an officer who is working undercover.
(b) Disclosing the address of a fellow employee.
(c) Otherwise disclosing where another employee can be located off-duty.

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1058.4 PROHIBITED SPEECH, EXPRESSION, AND CONDUCT

To meet the Department's safety, performance, and public-trust needs, the following is prohibited
unless the speech is otherwise protected (for example, an employee speaking as a private citizen,
including acting as an authorized member of a recognized bargaining unit or officer associations,
on a matter of public concern):
(a) Speech or expression made pursuant to an official duty that tends to compromise
or damage the mission, function, reputation, or professionalism of the Oxnard Police
Department or its employees.
(b) Speech or expression that, while not made pursuant to an official duty, is significantly
linked to, or related to, the Oxnard Police Department and tends to compromise or
damage the mission, function, reputation, or professionalism of the Oxnard Police
Department or its employees.
(c) Speech or expression that could reasonably be foreseen as having a negative impact
on the credibility of the employee as a witness. For example, posting statements or
expressions to a website that glorify or endorse dishonesty, unlawful discrimination,
or illegal behavior.
(d) Speech or expression of any form that could reasonably be foreseen as having a
negative impact on the safety of the employees of the Department. For example,
a statement on a blog that provides specific details as to how and when prisoner
transportations are made could reasonably be foreseen as potentially jeopardizing
employees by informing criminals of details that could facilitate an escape or attempted
escape.
(e) Speech or expression that is contrary to the canons of the Mission Statement or Core
Values of the Oxnard Police Department.
(f) Use or disclosure, through whatever means, of any information, photograph, video or
other recording obtained or accessible as a result of employment with the Department
for financial or personal gain, or any disclosure of such materials without the express
authorization of the Chief of Police or authorized designee.
Employees must take reasonable and prompt action to remove any content, including content
posted by others, that is in violation of this policy from any web page or website maintained by
the employee (e.g., social or personal website).
Regarding Interent use, refer to Policy Manual § 342.6.

1058.4.1 UNAUTHORIZED ENDORSEMENTS AND ADVERTISEMENTS

While employees are not restricted from engaging in the following activities as private citizens
or as authorized members of a recognized bargaining unit officer associations, employees may
not represent the Oxnard Police Department or identify themselves in any way that could be
reasonably perceived as representing the Oxnard Police Department in order to do any of

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the following, unless specifically authorized by the Chief of Police (Government Code § 3206;
Government Code § 3302):
(a) Endorse, support, oppose or contradict any political campaign or initiative.
(b) Endorse, support, oppose or contradict any social issue, cause or religion.
(c) Endorse, support or oppose any product, service, company or other commercial entity.
(d) Appear in any commercial, social or nonprofit publication or any motion picture, film,
video, public broadcast or on any website.
Additionally, when it can reasonably be construed that an employee, acting in his/her individual
capacity or through an outside group or organization (e.g., bargaining group or officer
associations), is affiliated with this department, the employee shall give a specific disclaiming
statement that any such speech or expression is not representative of the Oxnard Police
Department.
Employees retain their right to vote as they choose, to support candidates of their choice and
to express their opinions as private citizens, including as authorized members of a recognized
bargaining unit or officer associations, on political subjects and candidates at all times while off-
duty.
However, employees may not use their official authority or influence to interfere with or affect
the result of an election or a nomination for office. Employees are also prohibited from directly or
indirectly using their official authority to coerce, command or advise another employee to pay, lend
or contribute anything of value to a party, committee, organization, agency or person for political
purposes (5 USC § 1502).

1058.5 PRIVACY EXPECTATION

Employees forfeit any expectation of privacy with regard to emails, texts, or anything published
or maintained through file-sharing software or any Internet site (e.g., Facebook, MySpace) that is
accessed, transmitted, received, or reviewed on any department technology system.
The Department reserves the right to access, audit and disclose for whatever reason any
message, including attachments, and any information accessed, transmitted, received ,or
reviewed over any technology that is issued or maintained by the Department. This includes
the Department email system, computer network, or any information placed into storage on any
department system or device. It also includes records of all key strokes or web-browsing history
made at any department computer or over any department network.
The fact that access to a database, service, or website requires a user name or password will
not create an expectation of privacy if it is accessed through a department computer or network.
However, the Department may not require an employee to disclose a personal user name or
password, or open a personal social website, except when access is reasonably believed to be
relevant to the investigation of allegations of work related misconduct (Labor Code § 980).

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AUTOMATED LICENSE PLATE READERS

INDEX / TOPICS (ALPR) . . . . . . . . . . . . . . . 421

A
ADMINISTRATIVE INVESTIGATION . . . 85
B
ADMINISTRATIVE INVESTIGATIONS BACKGROUNDS . . . . . . . . . . . 605
OIS . . . . . . . . . . . . 85, 85, 85 BADGE . . . . . . . . . . . . . . . 724
OIS . . . . . . . . . . . . . . 85, 85 BADGES, PATCHES AND IDENTIFICATION
ADMINISTRATIVE LEAVE Firearms. . . . . . . . . . . . . . 91
Firearms. . . . . . . . . . . . . . 91 BATON . . . . . . . . . . . . . . . . 69
ADULT ABUSE . . . . . . . . . . . . 170 BIOLOGICAL SAMPLES
AIRCRAFT . . . . . . . . . . . . . . 380 Hazards. . . . . . . . . . . . . . 381
Accidents. . . . . . . . . . . . . 380 Missing persons. . . . . . . . . . . 192
ALCOHOL BIOLOGICAL SAMPLES . . . . . . . . 284
Firearms. . . . . . . . . . . . . . 98 BOMBS
ALCOHOL . . . . . . . . . . . . . . 637 Aircraft accidents. . . . . . . . . . 381
ALCOHOL USE . . . . . . . . . . . . 637 Canine detection. . . . . . . . . . . 133
AMMUNITION . . . . . . . . . . . . 92 Chaplains. . . . . . . . . . . . . 290
ANIMALS Explosive training aids. . . . . . . . 137
Canines. . . . . . . . . . . . . . 129 BUCCAL SWABS . . . . . . . . . . . 284
Dangerous . . . . . . . . . . 101, 101
Euthanize. . . . . . . . . . . . . 101
Injured. . . . . . . . . . . . . .
APPOINTMENTS
101 C
Canine coordinator. . . . . . . . . . 129 CANINE
Chaplain coordinator. . . . . . . . . 288 Handler Compensation. . . . . . . . 130
Communications supervisor. . . . . . 524 CANINES . . . . . . . . . . . . . . 129
Operations director. . . . . . . . . . 499 CASH
Petty cash fund manager. . . . . . . 520 Informants. . . . . . . . . . . . . 497
PIO. . . . . . . . . . . . . . . . 227 CASH HANDLING, SECURITY AND
Reserve coordinator. . . . . . . . . 239 MANAGEMENT . . . . . . . . . . . 520
ARREST OF PUBLIC SCHOOL TEACHER . 282 CHAPLAINS . . . . . . . . . . . . . 287
ARRESTS CHIEF EXECUTIVE . . . . . . . . . . 12
Authority. . . . . . . . . . . . . . 10 CHILD ABUSE . . . . . . . . . . . . 184
Consular notifications. . . . . . . . . 575 CHILDREN
First amendment assemblies . . . . 442, 444 Transporting. . . . . . . . . . . . 665
Log. . . . . . . . . . . . . . . . 228 CITATIONS . . . . . . . . . . . . . 448
Seat belts. . . . . . . . . . . . . 664 CIVIL DISPUTES . . . . . . . . . . . 429
ASSET FORFEITURE . . . . . . . . . 489 CIVILIAN/NON-SWORN . . . . . . . . 15
ASSET FORFEITURE CIVILIAN/NONSWORN
Procedure. . . . . . . . . . . . . 489 Crisis intervention incidents. . . . . . 438
AUDIO/VIDEO RECORDING, HOLDING CELLS CODE-3 . . . . . . . . . . . . . . . 122
INSPECTIONS, Holding cells. . . . . 581 COMMENDATIONS AND AWARDS . . . 677
AUDITS COMMUNICABLE DISEASE
Informant files. . . . . . . . . . . 495 Health orders. . . . . . . . . . . . 326
Petty cash. . . . . . . . . . . . . 520 COMMUNICABLE DISEASES
Public safety video surveillance. . . . . 296 First responders. . . . . . . . . . . 424
AUTHORITY . . . . . . . . . . . . . 10 COMMUNICATIONS CENTER
Canine handler . . . . . . . . . 130, 131 Mandatory sharing. . . . . . . . . . 248
Policy manual. . . . . . . . . . . . 15 Vehicle pursuits. . . . . . . . . . . 109
AUTOMATED EXTERNAL DEFIBRILLATORS COMMUNICATIONS CENTER
(AED) . . . . . . . . . . . . . . . . 425 Crisis intervention incidents. . . . . . 437

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CONCEALED WEAPONS PERMITS DISASTER PLAN . . . . . . . . . . . 22

Out of State. . . . . . . . . . . . 101 DISCLAIMER . . . . . . . . . . . . . 14
CONDUCT . . . . . . . . . . . . . . 209 DISCRIMINATORY HARASSMENT . . . 181
Meritorious. . . . . . . . . . . . . 678 DISPUTED CLAIMS . . . . . . . . . . 542
CONFIDENTIALITY DNA SAMPLES . . . . . . . . . . . . 284
ALPR. . . . . . . . . . . . . . . 421 DOMESTIC VIOLENCE
Communicable disease information. . . 652 Reporting of Employee Convictions. . . 632
Communications center. . . . . . . . 529 DOMESTIC VIOLENCE . . . . . . . . 138
Custodial telephone calls. . . . . . . 578 Court Orders. . . . . . . . . . . . 145
Informants. . . . . . . . . . . . . 493 Protective Order Violations. . . . . . 140
CONTACTS AND TEMPORARY DETENTIONS DRUG USE . . . . . . . . . . . . . . 637
Warrant service. . . . . . . . . . . 502 DUI ENFORCEMENT . . . . . . . . . 465
CONTROL DEVICES DUTY TO INTERCEDE . . . . . . . . . 44
Decontamination. . . . . . . . . . . 649
First amendment assemblies. . . . . . 443
CONTROL DEVICES . . . . . . . . . .
CONTROL DEVICES . . . . . . . . . .
68
68
E
CONTROL DEVICES, CUSTODY ELECTRO-MUSCULAR DISRUPTION
FIREARMS, Custody. . . . . . . . . 579 TECHNOLOGY DEVICE . . . . . . . . 73
COURT APPEARANCES . . . . . . . . 230 ELECTRONIC CIGARETTES . . . . . . 653
COURT ORDERS ELECTRONIC MAIL . . . . . . . . . . 25
K-9 controlled substance. . . . . . . 136 EMERGENCY MANAGEMENT PLAN . . . 22
Source Testing. . . . . . . . . . . 651 EVIDENCE
COURT ORDERS, CIVIL DISPUTES . . . 430 Seizing recordings. . . . . . . . . . 433
COURTROOM ATTIRE . . . . . . . . 234 EXPOSURE CONTROL . . . . . . . . 648
COURTROOM PROTOCOL . . . . . . . 234
CRIME SCENE AND DISASTER INTEGRITY
. . . . . . . . . . . . . . . . . . .
CRIMINAL OFFENDER RECORD
325 F
INFORMATION . . . . . . . . . . . . 562 FIELD DETAINEES . . . . . . . . . . 385
CRISIS INTERVENTION INCIDENTS . . 435 FIELD INTERVIEW . . . . . . . . . . 385
CUSTODIAL SEARCHES . . . . . . . . 585 FIELD PHOTOGRAPHS . . . . . . . . 385
FIREARMS
D CCW permits. . . . . . . . . . . .
Removal for vehicle maintenance. . . .
28
517
DAMAGE BY CITY PERSONNEL . . . . 223 Retiree. . . . . . . . . . . . . . . 36
DEATH FIREARMS
Chaplains. . . . . . . . . . . . . 290 Flying Armed. . . . . . . . . . . . 100
DEATH INVESTIGATION . . . . . . . 258 FIRST AMENDMENT ASSEMBLIES . . . 440
DEATH NOTIFICATION . . . . . . . . 259 FITNESS FOR DUTY . . . . . . . . . 679
DEBRIEFING FOREIGN
OIS. . . . . . . . . . . . . . . . 86 Nationals. . . . . . . . . . . . . . 575
Tactical. . . . . . . . . . . . . . . 87 FOREIGN DIPLOMATIC AND CONSULAR
Warrant service. . . . . . . . . . . 502 REPRESENTIVES . . . . . . . . . . . 366
DECONFLICTION . . . . . . . . . . . 509 FORMS
DEFINITIONS . . . . . . . . . . . . . 15 Missing person medical release. . . . . 192
DEPARTMENT OWNED PROPERTY . . . 513 Missing person school notification. . . . 192
DEPARTMENT PROPERTY Missing persons. . . . . . . . . . . 192
Loss Or Damage. . . . . . . . . . . 514
DEPARTMENTAL DIRECTIVE . . . . . . 19
DISABLED G
Motorist. . . . . . . . . . . . . . 476

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GRIEVANCES Operations plans. . . . . . . . . . . 510

Supervisor authority. . . . . . . . . . 15 Warrant service. . . . . . . . . . . 503
GROOMING STANDARDS . . . . . . . 699 MEDICAL
Adult involuntary detention. . . . . . 175
Aircraft accidents. . . . . . . . . . 380
H Canine bites. . . . . . . . . . . . 132
Examinations – Adult abuse. . . . . . 175
HATE CRIMES . . . . . . . . . . . . 205 For canines. . . . . . . . . . . . . 135
HAZARDOUS MATERIAL (HAZMAT) Leave act (FMLA). . . . . . . . . . 645
RESPONSE Personnel records. . . . . . . . . . 670
Aircraft accidents. . . . . . . . . . 381 MEDICAL MARIJUANA . . . . . . . . 414
Precautions. . . . . . . . . . . . . 649 MEDICAL, SCREENING – CUSTODY ADULTS
HELICOPTER ASSISTANCE . . . . . . 384 . . . . . . . . . . . . . . . . . . . 577
HIGH-VISIBILITY VESTS . . . . . . . 448 MENTAL ILLNESS
Restraints. . . . . . . . . . . . . 353
MISSING PERSONS . . . . . . . . . . 192
I MOBILE DIGITAL COMPUTER . . . . . 398
MUTUAL AID
IDENTITY THEFT . . . . . . . . . . . 262 First amendment assemblies. . . . . . 443
IMMUNIZATIONS . . . . . . . . . . 650 Interstate peace officer powers. . . . . . 11
INFORMATION TECHNOLOGY USE Warrant service. . . . . . . . . . . 500
TECHNOLOGY USE . . . . . . . . . . 215
INTERNAL AFFAIRS
Personnel records. . . . . . . . . . 669 N
NOTIFICATION
J Consular. . . . . . . . . . . . . . 575
NOTIFICATIONS
JAIL SEARCHES . . . . . . . . . . . 574 Aircraft accidents. . . . . . . . . . 381
JURISDICTION Cash. . . . . . . . . . . . . . . 521
Aircraft accidents. . . . . . . . . . 381 Sick leave. . . . . . . . . . . . . 645
Authority. . . . . . . . . . . . . . 10
Consular notifications. . . . . . . . . 575
JUVENILES O
Citations. . . . . . . . . . . . . . 363
OATH OF OFFICE . . . . . . . . . . . 13
OCCUPATIONAL DISEASE AND WORK-
L RELATED INJURY REPORTING . . . .
OFFICER SAFETY
697

LAW ENFORCEMENT AUTHORITY . . . 10 Canine deployment. . . . . . . . . . 130

LICENSE TO CARRY A FIREARM . . . . 28 Communications center . . . . . 527, 528
LIMITED ENGLISH PROFICIENCY Crime scene and disaster integrity. . . . 325
Communications center. . . . . . . . 527 Informants. . . . . . . . . . . . . 494
LIMITED ENGLISH PROFICIENCY . . . 268 LEOSA. . . . . . . . . . . . . . . 36
Seat belts. . . . . . . . . . . . . 664
Warrant service. . . . . . . . . . . 499
M OPERATIONS PLANNING AND
DECONFLICTION . . . . . . . . . . . 505
MANDATORY APPEARANCE . . . . . 230 ORGANIZATIONAL STRUCTURE . . . . 18
MEAL PERIODS AND BREAKS . . . . . 683 ORGANIZATIONAL STRUCTURE AND
MEDIA . . . . . . . . . . . . . . . 227 RESPONSIBILITY . . . . . . . . . . . 18
Aircraft accidents. . . . . . . . . . 382 OUTSIDE AGENCY ASSISTANCE . . . . 248
First amendment assemblies. . . . . . 444 OUTSIDE EMPLOYMENT . . . . . . . 692

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Oxnard PD Policy Manual

Obtaining Approval. . . . . . . . . 692 Oath of office. . . . . . . . . . . . 13

Prohibited Outside Employment. . . . 693 Personnel records. . . . . . . . . . 673
Security Employment. . . . . . . . . 693 RECRUITMENT AND SELECTION . . . 604
OVERTIME PAYMENT . . . . . . . . 688 REFLECTORIZED VESTS . . . . . . . 448
RELIGION, ACCOMMODATIONS IN CUSTODY
. . . . . . . . . . . . . . . . . . . 579
P REPORT CORRECTIONS . . . . . . . . 224
REPORT PREPARATION . . . . . . . . 220
PAT-DOWN SEARCH . . . . . . . . . 385 REPORTS
PERFORMANCE EVALUATIONS Annual DOJ gang database submissions. 391
Sick leave. . . . . . . . . . . . . 646 RESERVE OFFICERS/DEPUTIES . . . . 237
PERSONAL APPEARANCE . . . . . . . 699 Firearms Requirements. . . . . . . . 242
PERSONAL PROPERTY . . . . . . . . 513 RESPONSE TO CALLS . . . . . . . . . 122
Loss Or Damage. . . . . . . . . . . 514 RESTRAINTS . . . . . . . . . . . . . 353
PERSONNEL COMPLAINTS . . . . . . 654 REVIEWS
PHOTOGRAPHS Complaints of racial- or bias-based profiling 317
Aircraft accidents. . . . . . . . . . 382 Crisis intervention incidents. . . . . . 439
First amendment assemblies. . . . . . 441 RIDE-ALONG . . . . . . . . . . . . 346
PHYSICAL AND MENTAL EXAMINATIONS ROLL CALL TRAINING . . . . . . . . 321
. . . . . . . . . . . . . . . . . . . 680
PIO . . . . . . . . . . . . . . . . . 227
POLICY MANUAL . . . . . . . . . . . 14 S
PREGNANCY, CUSTODY . . . . . . . 580
PRESS INFORMATION OFFICER . . . . 227 SAFETY
PRIVACY EXPECTATIONS, TECHNOLOGY First responder. . . . . . . . . . . 325
USE . . . . . . . . . . . . . . . . . 215 Media. . . . . . . . . . . . . . . 227
PROPERTY PROCEDURES . . . . . . . 536 Shotguns. . . . . . . . . . . . . . 88
Disputed Claims. . . . . . . . . . . 542 Temporary custody of adults. . . . . . 576
Packaging Of Property. . . . . . . . 538 SAFETY EQUIPMENT
Property Booking. . . . . . . . . . 536 First amendment assemblies. . . . . . 442
Property Handling. . . . . . . . . . 536 Seat belts. . . . . . . . . . . . . 664
PROTECTED INFORMATION SCHOOL EMPLOYEE REPORTING . . . 282
Communications center. . . . . . . . 529 SEARCH & SEIZURE . . . . . . . . . 152
PROTECTED INFORMATION . . . . . . 562 SEARCH WARRANTS . . . . . . . . . 499
PROTECTIVE CUSTODY SEARCHES
Dependent adults. . . . . . . . . . 174 Body scanner. . . . . . . . . . . . 590
PUBLIC RECORDING OF LAW ENFORCEMENT Crime scene. . . . . . . . . . . . 326
ACTIVITY . . . . . . . . . . . . . . 432 Custodial. . . . . . . . . . . . . . 585
PUBLIC SAFETY VIDEO SURVEILLANCE 295 SEARCHING
PURSUIT UNITS . . . . . . . . . . . 105 Dead Bodies. . . . . . . . . . . . 259
SEAT BELTS . . . . . . . . . . . . . 664
SECURITY
R Personnel records. . . . . . . . . .
SECURITY EMPLOYMENT . . . . . . . 693
670

REASONABLE SUSPICION . . . . . . . 385 SICK LEAVE . . . . . . . . . . . . . 645

RECORDS RELEASE SMOKING AND TOBACCO USE . . . . 653
ALPR. . . . . . . . . . . . . . . 423 SOCIAL MEDIA
Personnel records. . . . . . . . . . 671 Backgrounds. . . . . . . . . . . . 606
Public safety video surveillance. . . . . 296 STANDARDS OF CONDUCT . . . . . . 209
RECORDS REQUESTS STANDBY . . . . . . . . . . . . . . 230
Personnel records. . . . . . . . . . 670 SUBPOENAS
RECORDS RETENTION Civil Subpoenas. . . . . . . . . . . 233
Applications for a license to carry a firearm. 34 SUBPOENAS AND COURT APPEARANCES 230

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Published with permission by Oxnard Police Department
 Oxnard Police Department
Oxnard PD Policy Manual

SUSPICIOUS ACTIVITY REPORTING . . 427 WARNINGS

Canine. . . . . . . . . . . . . . . 132
WARRANT SERVICE . . . . . . . . . 499
T WASHING OF VEHICLES . . . . . . . 518
WATCH COMMANDERS . . . . . . . . 397
TASER . . . . . . . . . . . . . . . . 73
TEAR GAS . . . . . . . . . . . . . . 69
TEMPORARY CUSTODY OF ADULTS . . 572
TIME CARD . . . . . . . . . . . . . 686
TIME CARDS . . . . . . . . . . . . 686
TRAINING
AED. . . . . . . . . . . . . . . 425
ALPR. . . . . . . . . . . . . . . 423
Chaplains. . . . . . . . . . . . . 291
Communicable disease. . . . . . . . 652
Custodial searches. . . . . . . . . . 589
Dispatcher. . . . . . . . . . . . . 529
First amendment assemblies. . . . . . 445
Hate crimes. . . . . . . . . . . . . 208
Operation planning and deconfliction. . . 511
Personnel records. . . . . . . . . . 669
Public safety video surveillance. . . . . 297
Sexual assault. . . . . . . . . . . . 484
Shared equipment and supplies. . . . . 248
Warrant service. . . . . . . . . . . 504
TRAINING
SWAT. . . . . . . . . . . . . . . 337
TRAINING PLAN . . . . . . . . . . . 23
TRAINING POLICY . . . . . . . . . . 23

U
UNIFORM REGULATIONS . . . . . . . 701
UNIFORMS
Chaplains. . . . . . . . . . . . . 288
UNLAWFUL ASSEMBLY . . . . . . . 443
USE OF FORCE . . . . . . . . . . . . 43
First amendment assemblies. . . . . . 443

V
VEHICLE MAINTENANCE . . . . . . . 517
VEHICLE PURSUITS . . . . . . . . . 103
VEHICLES
Impound hearings. . . . . . . . . . 463
VIDEO RECORDINGS
First amendment assemblies. . . . . . 441

W
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Published with permission by Oxnard Police Department