Supplemental materials

PDF

Download

Open document

Flip pages

Summarize

Download a page range

Download transcript

Copy asset link

Request this asset

Transcript (if available)

Content • Date 8-25-92 A note from . . . SERGEANT MORRIS SMITH Mr. Nessim, Here are the other docunents I told yai I -would serrl. Please note the Chief of Police Mem:>rardun dated June 17, 1982. If I can assist yai further please call 1 Sergeant Morris Snith at (213) 485-3070. );&:~x:t&-, :', cCEIVED AUG 2 7 1992 8. M. B. W. & M. .. OFFICE OF THE CHIEF OF POLICE , SPECIAL ORDER NO. 40 R 27, 1979 SUBJECT: UNDOCUMENTED ALIENS PURPOSE: The Los Angeles community has become sign ,cantly m re diverse during . the p~'t several years with substantial numbers of people f m different ethnic and sociological backgrounds migrating to this City. Many aliens, whether fr m Latin American, African, Asian or European countries, are legal residents. Others are undocumented and are residing in the City without legal sanction. On March 20, 1979, the Board of Police Commissioners adopted a policy statement concerning undocumented aliens. This order incorporates the policy into The Department Manual and amends related Manual provisions. POLICY: The Department is sensitive to the principle that effective law enforcement · depends on a high degree of cooperation between the Department and the public it serves. The Department also recognizes that the Constitution of the United States guarantees equal protection to all persons within its jurisdiction. In view of those principles, it is the policy of the Los Angeles Police Department that undocumented alien status in itself is not a matter for police action. It is, therefore, incumbent upon all employees of this Department to make a personal commitment to equal enforcement of the law and service to the public, regardless of alien status. The Oepartment acknowledges the existence of social issues involving problems of health, welfare, education, housing and employment which are related to the assimilation of large numbers of persons with varied cultural heritages. Further, as the Department identifies and distinguishes police problems from social problems, it will continue to cooperate witt\ those persons and agencies responsible for resolving these social issues. · In fulfilling its obligations, the Department will provide courteous and professional service to any person in Los Angeles, while taking positive enforcement action against all individuals who commit criminal offenses, whether they are citizens, permanent legal residents or undocumented aliens. In addition, the Department will provide special assistance t<=' persons, groups, communities and businesses who, by the nature of the crimes being committed upon them, require individualized services. Since undocumented aliens, because of their status, are often more vulnerable to victimiza tion, crime pre\.Aantion assistance will be offered to a~ist them in safeguarding their property and to lessen their potential to be crime victims. To ensure that these principles can be effective, the Department will encourage the willing cooperation of all persons in programs designed to enhance community-police cooperation. Police service will be readily ~vailable to all persons, including the undocumented alien, to ensure a safe and tranquil environment. Participation and involvement of the undocumented alien community in police activities will increase the Department's ability to protect and to serve the entire community. · PROCEDURE: I. ENFORCEMENT OF UNITED STATES IMMIGRATION LAWS. Officers shall not initiate police action with the objective of discovering the alien status of a person. Officers shall not arr.est nor book persons for violation of Title 8, Section 1325 of the United States Immigration Code (Illegal Entry). 11. ALIEN ARREST INFORMATION-NOTIFICATION. When an undocumented alien is booked for multiple misdemeanor offenses. 1 high grade mildemeanor or a felony offense, or has been previously arrested for a similar offense. the arresting officer shall:. • Telephonically notify the Headquarters Section Desk Officer, Detective Head quarters Division, of the arrest. the arrestee's name, booking number, charge and location booked. • Mark the arrest face sheet "Undocumented Alien." DISTRIBUTION ., A" '-- SPECIAL ORDER NO. 40 -2- · NOVEMBER 7:1. 1979 • Ill. DETECTIVE HEADQUARTERS ·01v1s10N. HEADQUARTERS SECTION-RESPON• SIBILITIES. The Headquarters Section Desk Officer, Detective Headquarters-Division, upon notification that an undocumented alien has been arrested for multiple mis demeanor offenses, a high grade misdemeanor or a felony offense, or has been arrested for the same offense a second time, shall: · · • Record the information provided in the OHO Undocumented Alien Log. • ~. Notify the United States Immigration and Na~uralization Service via ·teletype of the arrest of the individual. . • ForvYard daily all Arrest Reports marked "Undocumented Alien" to the United States Immigration and Naturalization Servi~e. IV. AREA/OIVISION RECORDS UNIT-RESPONSIBILITY. Area/division records clerks shall forward one copy of each Arrest Report marked .,Undocumented Alien" to Detec tive Headquarters Division. AMENDMENTS: This order adds Section -1/390.; amends Sections 4/264.50, 4/264.53; and 5/5.2-86; and deletes Sections 4/264.57 ahd 4/264.60 from The D~partment Manual. AUDIT RESPONSIBILITY: Detective Headquarters Division shall · monitor compliance with procedu.ral portions of this directive. in accordance ~ith the provisions of Department Manual Section 0/080.30. {)✓~~ DARYL F. GATES CHIEF OF POLICE DISTRIBUTION "A" OFFICE" OF THE CHIEF OF POLICE SPECIAL ORDER NO. 18 SEPTEMBER 5, 1980 SUBJECT: PURPOSE: MISCELLANEOUS MANUAL AMENDMENTS This order informs Department empioyees of certain additions, deletions, and revi sions in The Department Manual. PROCEDURE: I. REVISED DISTRIBUTION OF UNDOCUMENTED ALIEN ARREST REPORTS TO DETECTIVE HEADQUARTERS DIVISION. Special Order No. 40 of 1979 required that a copy of each arrest report involving an undocumented alien arrestee be distributed to Detective Headquarters Division (DH D) for forwarding to the Immigration and Naturai ization Service (INS). A recent audit of procedures for notifying the I NS of arrests of undocumented aliens revealed that the delivery of arrest reports is unnecessary. There fore, the extra copy distribution of these reports to OHO is eliminated. When an undocumented alien is booked for multiple misdemeanor offenses, a high grade misdemeanor or a felony offense, the arresting officer shall telephonically notify Detective Headquarters Division of the arrest and of circumstances of the incident. The requirement that OHO notify I NS of the arrest via teletype is not affected by this order. t--·· This order amends Sections 4/264.50, 4/264.53 and e/5.2-86 of The Depan:ment Manual. II. FLEET CONTROL UNIT-ACTIVATED. The need for efficient allocation of vehicle resources was described in a recent Management Task Force report. This order activates the F:eet Control Unit (FCU), Technical Services Bureau, which has the responsibility to administer tile distribution and control of the Department's fleet. A. - Fleet Control Unit-Activated. The F!eet Control Unit is activated. The FCU is under the line command of the Ass:stam: Commanding Officer, Technical Services Bureau. 8. Fleet Control Unit-Responsibility. The FCU shall assume responsibility for allo cating the Department's fleet. The FCU shall also assume responsibility for: .... • Coordinating budget requests for additional vehicles . Conducting audits of vehicle use . Maintaining liaison with eac:i Office in matters regarding the Department's fleet. Producing a vehicle transfer lis! as needed. The FCU shall be responsible for establishing procedures for publication of a vehicle tr~msfer list. C. Correspondence Reference Number. The correspondence reference number for the Fleet Control Unit is 1. 10. - This order adds section 2/610.08, amends section 2/064, 2/30.7.60, 2/610.03, 2/660.01, 2/660.11 and deletes sections 2/307 .6 rand 2/307 .62·of The Department Manual. Audit Responsibility: TechnicJI Servic~s Bureau shall monitor compliance with this direc tive in accordance with Department Manual S~tion 0/080.30. DISTRIBUTION "A" ..... _j OFFICE OF THE CHIEF OF POLICE , ~EMORANOUM NO. 5 · JUNE 17.1982 SUBJECT: ENFORCEMENT POLICY REGARDING UNDOCUMENTED ALIENS T.he Immigration and Naturalization Service (INS) recently conducted a major enforcement effort roperations JOBS') which received extensive media attention in the Los Angeles area. This emphasis on the enforcement of immigration laws by the INS does not alter the policy or practices of the Los Angeles Poiice Department regarding the enforcement of immigration violations. Department personnel are reminded that police action shall not be initiated where the object is solely to determine the alien status of an individual. The policy of the Department as set forth in Manual Section 1 /390 states in part: "Undocumented alie~ status in itself is not a maner for police action. It is, therefore, incwmbent upon all employees of this Department to make a i:,ersonal commi1:ment to equal enforcement of the law and service to the public regardless of alien· status." "Police service will be readily available to all persons. including the undcc~mented alien, to ensure a safe and tranQuil environment. Par:ici~a~ion ar.d involvement of the und-0cument_ed alien community in police activities wil I increase the Department's ability to protect and to serve the en~ire community.'' By fair and impartial interaction with the community, officers demonstrate the unity and sense of common pur~ose long promoted by this Department. /Q//#J DARYL F. GATES Chief of Police DISTRIBUTION ,.A .. - C SUPP~T SERVICES BUREAU N O T I C E June 15, 1987 TO: All Departmen~ Personnel FRCJ4: Commanding Officer, Support Services Bureau SUBJECT: OASIS NOTIFICATION TO INS OF ARRESTS OF FOREIGN BORN PERSONS In cooperation with the United States Irrmigration and Naturalization Service (INS), the Los Angeles County Sheriff's Department (LASO) has modified the Automated Justice Information System (AJIS) to automatically notify INS of all foreign born arrestees. Currently, Department employees arresting undocumented aliens are required by Department Manual Section 4/264.53 to notify Detective Headquarters Division (OHO) of the circumstances of the arrest. However, LASO has mandated that all AJIS users utilize the automatic notification feature incorporated into the birthplace field on each agency's booking format. Since the Los Angeles Police Department (LAPD) interfaces with AJIS via the Decentralized Automated Booking Information System (OASIS), LAPO must conform to the INS/LASO agreement. Effective immediately, arresting officers shall ensure that the booking employee enters an "X" in the first position of the birthplace field on the OASIS "DTL2" screen when a "foreign born" arrestee is booked .into any LAPD facility. This action will automatically produce a printout of the necessary booking information at INS for further investigation. Irnnigration and Naturalization Service desires notification of all foreign born arrestees, whether in the United States legally or illegally. Legal immigrants may be subject to deportation due to the circumstances of the arrest. The INS will conduct an investigation as to status of the arrestee . • A Special Order modifying the Department Manual and deleting the requirement to notify OHO of the .arrest ·of an undocumented alien is currently being reviewed. Pending the publication of that Special Order, the requirement to notify OHO of the arrest of an undocumented alien is suspended. ~. ('_ {y.-,t__ BERNARD C. PARKS, Commander Commanding Officer Suppo~t Services Bureau APPROVED: WILLIAM M. RATHBURN, Deputy Chief Commanding Officer Personnel and Training Bureau ·--• ·-- - -•···-·--·---·--·. ------------·-· •-- ·--· - -- DISTRIBUTION "M" /' r SPECI)J,, ORDER NO. 10 -5- JUNE 2, 1. 989 V. DISCONTINUE MANUAL COUNTING OP CUSTODY Dl.SPOSIT!.ONS }Ji}) DUCTIVATl.ON OF FORM 6.01, )J)ULT BOOKING AND DISPOSITION REPORT. Manual Section 4/652.10 requires each active Area jail and Jail Di ~•i_sion to record the total weekly prisoner count and forward such information to the Commanding O!.fice=, Jail Division, weekly. This Order eliminates th= re~uirement for Depar~~ent jails to hand count and for~ard custody dispositions and assigns the responsibility for compiling this data to Information Resources Division. Information Resources Division .shall compile custody disposition data from the Police Arrest/Crime Manage.~ent Infor:nation Syste.~ (PAC.~!S), and forward it to the Commanding Officer, Jail Division, at the end of _ each deployment period. custody disposition data compiled shall include the period from 0001 hours each Sunday through 2359 hours . the following Saturday. FORM DEACTIVATION: The Adult Booking and Disposition Report, Form 6.01, is deactivated. Copies of this form shall be bundled, marked obsolete, and returned to Supply Division_ .. AMENDMENTS: This Order ~~ends Section 4/652.10 of, and deletes Sect~on 5/6.01.0 from, the Depar~~ent Ma.~ual. AUDIT RESPONSIBILITY: The Commanding Officer, Support Services Bureau, shall monitor compliance with this directive in accorcance with Depar~~ent Manual Section 0/080.30. VI. BIRTHPLACE INFORMATION OF ~TEES - EXPANDED. Oftentimes, investigating officers experience difficulty in locating and prosecuting suspects who flee to avoid criminal prosecution. Having access to detailed birthplace information (city, county, state, and country) of suspects can be instrumental to the investigating officers in locating the suspects. This Order establishes the requirement for Depart~ent personnel to record detailed birthplace information of all persons booked into Department custody on the Los Angeles Consolidated Booking Form, _ Form 5.1.2. SPECIAL ORDER NO. 10 -6- ·JUNE 2, 1989 A. Booking Arrestees Into Department custody. When an arrestee is booked into Department custody and the city, county, state, and country of the arrestee's ·birthplac~ is known or can be obtained, that information shall be recorded on the DABIS DBK 1 screen at the time of booking. The information shall be entered using the -appropriate state and country codes listed in the National Crime Information Center Code Manual. Note: Detailed birthplace information for arrestees shall be recorded on a Field Interview, Form 15.43, {4/202.05) prior to booking the arrestee. B. Los. Angeles Consolidated Booking Form, Form S.1.2 - Revised. The Form 5.1.2 ::orrnset will be revised at t~e nex~ routine printing to include a field for expanded birthplace infor:nation. Until the revised ::or:nset is availacle, Depart.'"'nent personnel shall enter the detailed birthplace information in the space remaining of the "~'"'nployer/School" field. AMENDMENTS: This Order amends Sections 4/202.05 and 5/5.2-10 of, and adds 4/604.41 to, the Department Ma.~ual. AUDIT RESPONSIBILITY: The commanding officers of each operations bureau, Support Services Bureau, and t~e Bureau of Special Investigation, shall monitor compliance with this directive in accordance with Department Manual Section 0/080.30. ARYL F. GATES (rt- Chief of Police DISTRIBUTION "A" - ... 611.55 Volume 4-LINE PROCEDURES/BOOKING AND CUSTODY OF PRISONERS 620.10 61 J.55 RECORDS AND IDENTIFICA- -. TION DIVISION-RESPONSIBILI TIES. An CWS warrant that caused the wrong· suspect to be booked shall be purged from CWS. Purged warrants shall not be reactivated or re-entered into the CWS data base. unless: • The purged warrant is a felony warrant, felony want. or felony commitment; and, • The Commanding Officer, Records and Identification Division, determines that the purged warrant, on its face or as supplemented by data obtained through additional investigation, contains suffi cient reliable. descriptive information about the wanted person to justify re entry. Note: A warrant that has been purged from the CWS data base and is subse quently recalled by the court and reissued after the addition of new descriptor information may be re-entered into the CWS data base if the warrant meets the minimum input requirements. The arrest disposition of an arrestee booked on the wrong warrant shall not be commun icated (as part of the criminal arrest history of the arrestee) to the: * California Department of Justice; * Federal Bureau of Investigation; or. • Any local, state, or national organization, agency, or data collection service. lf an arrest record is communicated to an abo\'e listed entity and it is subsequently determined that the arrestee is not the suspect listed on the warrant. a copy of the arrest and disposition records shall be forwarded within 30 days of the determination to the concerned agency and the last known address of the arrestee indicating that the person was arrested on a warrant issued for another person. "Purge the records of the arrest" shall be noted in red at the top of the form. 615. BOOKING MILITARY PER- SONNEL. 615.10 NOTIFICATION TO LIAISON OFFICER. When booking a member of the Armed Forces ( 1 ), the booking employee shall notify the Liaison Officer. Detective Head quarters Division, by telephone. of the arrestee's: · * Name, rank, and serial number. • Branch of service. • Organizational unit and its location. • Dress (uniform or civilian clothes). • Duty status (on pass, on orders, AWOL, deserter). The name, rank, and serial number of the Liaison Officer shall be obtained and placed on the booking slip (4/ 606.09). [( 1) Armed Forces personnel include: members of the Navy Marine Corps, Air 392 Force, Army, Coast Guard, and National Guard on active duty.] 615.20 MILITARY SERVICE GROUPS TO .BE BOOKED AS CIVILIANS. The regular booking procedure shall apply when an arrestee is a member of the: • United States Maritime Service. • California State National Guard (inactive duty). • United States Maritime Training Service. • California State Naval Guard. 615.30 ARMED FORCES INDUCTEES. When an arrestee has received orders to report to an induction center but has not been inducted. he shall be handled as a civilian. If the detention results in his being unable to report to the induction center at the specified time, the Federal Bureau of Inves tigation shall be notified. f15.40 HIGH-GRADE MISDEMEA NORS AND FELONIES BY ARMED FORCES PERSONNEL. When a member of the Armed Forces is arrested for a felony or a high-grade misdemeanor (2), he shall be booked on the offense indicated and not released to the military authorities. [(2) "High-grade" misdemeanors include: Petty Theft, Dangerous Weapons· Control Lav.·, Traffic Manslaughter, Indecent Expo sure, Child Molesting, Contributing. Lev.·d Conduct, Lewd Loiterer, and all other misdemeanor sex crimes.] 617. BOOKING ON A FOREIGN CALI FOR'.'JIA ADULT MISDEMEANOR WARRANT. 617.10 NOTIFICATION TO DEMAND ING JURISDICTIOJ\. When an arrestee is booked on a foreign California adult misde meanor warrant and is not wanted on a local charge. the custodial jailer shall cause a Notification of Availability for Release Teletype (4/ 165.34) to be sent to the demand ing jurisdiction. The foreign jurisdiction shall also be notified by the custodial jailer of any change_ of custody or arrest status affecting the arrestee's availability for release. Exception: When an adult is booked on a Los Angeles County Sheriffs Department misdemeanor warrant, the jailer shall cause a teletype notification to be sent to the Sheriffs Department Transportation Bureau ( 14/ 660.15). 617.15 JUVENILE NAMED ON A FOR EIGN CALIFORNIA ADULT TRAFFIC WARRANT. When a juvenile is named on an adult traffic warrant that was issued by a court outside the City of Los Angeles, the officer approving the booking shall ensure that an attempt is made to contact the jurisdiction of issuance to verify the status of the warrant prior to the booking of the juvenile (4/218.60 and 4/ 218.61). Manual of the Los Angeles Police Department 617.20 BOOKED MISDEMEANA'.'JT WANTED ON A LOCAL CHARGE. When an arrestee is booked on a foreign California adult misdemeanor warrant and is subse quently determined to have local wants or warrants, the custodial jailer shall complete a Supplemental Charge Record, Form 5.8. and cause teletype notification of the change in arrest status to be made to the foreign jurisdiction. When the arrestee remains in Department custody after disposition oi the local charge, the custodial jailer shall cause the Notification of Availability for Release Teletype (4/ 165.34) to be sent. When custody of the arrestee is transferred to an agency other than the wanting agency. the custodial jailer shall cause a Notification of Forwarded Warrant Teletype (4/ 165.35) to be sent. 618. ARREST OF BRITISH NA TIONALS. 618.20 NOTIFICATION OF ARREST. When an arrestee claims to be a British national, the jailer shall notify Detective Headquarters Division of the arrestee's name. the booking number, and the charge. 618.40 COMMUNICATIONS WITH PRISONERS BY BRITISH CONSCL. Upon presentation of his credentials. a British Consular Officer shall be permitted to \'isit with any British national in custody and to arrange for legal representation. Any com munication directed to the British Consul by a British national in custody shall be forwarded without delay. 620. SEARCHING ARRESTEES AT BOOKING OFFICE. 620.10 REMOVAL OF PROPERTY OF ARRESTEES-CITY JAIL SYSTEM. Arrestees shall be searched at the booking desk in accordance with the law, and all property shall be taken from them. except that they may be allowed to keep the_ following: * Clothing being worn. • Up to and including $ I 0. except when the arrestee is intoxicated to a degree where he is unable to care for himself or his property, then he shall only be allowed to keep up to and including $2. (The amount of money retained by the prisoner shall be recorded on the Booking and Identification Record.) • Tobacco. • Book matches. • Handkerchiefs. • Los Angeles Police Department traffic citations, when the arrestee is to appear in a traffic court. Such citations shall be stapled to the prisoner's copy of the Booking and Identification R~ord. • Belt. • Rubber or plastic comb. • Prescription glasses. • Hearing aid with battery. 1992 ' t t . October TO: FROM: RE: 16, 1990 ME~ERS OF THE CITI COUNCIL AND THE POLICE COMMISSION COUNC II..'iAN RICHARD ALA TORRE SUGGESTED CHANGES AND RECOMMENDATIONS TO LOS ANGELES POLICE DEPARTMENT POLICY REGARDING ITS COOPERATION WITH THE INS IN ITS TREATMENT OF UNDOCUKENTED PERSONS PURSUANT TO WOO-ALATORRE MOTION (COUNCIL FILE 90-1347) Following two days of hearings in the Public Safety Committee hearings on July 16th and 30th, 1990, the Los Angeles Police Department for.:ially responded to suggestions I had offered to resolve community concerns about the relationship and extent of cooperation between the Immigration and Naturalization Service as expressed in Police Department Special Order No. 40. I have reviewed the LA.PD responses and.modified the recommendations to reflect those - concerns. It is my strong belief that if the recomme~ca~ions in this memorandum are incorporated into Polic~ Depa=tment policy, the t=ust between the community and the Police Depar~~en~ will be restored. The recommendations are as follows: POLICY 1. That the Council reaffini the policy of the City of Los Angeles as expressed in Special Order Ne. 40 (November 27, 1979) of the Los Angeles Police De?ar~~ent: "The Depa=~::e:1.t is sensitive to p::-inciples that effective law enforce~e~c ce?e~ds en a high degree of cooperation bet~een the De?art~en~ and t~e public it serves. The Department also recognizes that the Constitution of the United States guarantees equal protection to all persons within its jurisdiction. In view of those principles, it is the policy of the Los Angeles Police Department that undocumented alien status in itself is not a matter for police action. It is therefore incumbent upon all employees of thi~ Department to make a personal commit:ent to equal enforcement of the law and service to the public, regardless of alien status." NO ARRESTS BASED SOLELY ON IMMIGRATION STATIJS 2. That no officer of the Los Angeles Police Department shall initiate an enforcement activity or police action against an individual solely on the bas·is of an individual immigration status CIRCUMSTANCES FOR COOPERATION BE"IVEEN LAPD AND INS 3. That no officer of the Los Angeles Police Department shall cooperate with the Immigration and Naturalization service to:inquire into the immigration status of an individual, except and unless required by city, county, state or 'federal law to inquire into the immigration status of an individual seeking LAPD employment. .. 4. That no officer of the Los Angeles Police Department shall assist or cooperate with any Immigration and Naturalization Service investigation, detention, or arrest procedures except or unless serving or executL,g a duly authorized criminal search or arrest warrant or when assisting in an INS criminal investigation in which the Department has probable cause to believe that the subject of the investigation has committed or is co· mmitting a felony. 5. That under no circumstances shall officers of the Department detain . witnesses or victims or assist the INS in such detention, unless there is probable cause to believe that those individuals have committed any criminal violation described in Recommendation No. 6 OR 7. INSTANCES (CRIMES) w1!EN LAPD MAY NOTIFY THE INS REGAR.DING UNDOCUME~'TED STAros 6. That neither any officer of the Los Angeles Police Department or Department administration shall release or threaten to release information regarding an individual's immigration status except and unless there is probable cause to believe that the person arrested by .the Department may not be a citizen of the United States and has committed a felony,including any anti-terrorist activity, or any of t~e following cri~i~al viola~ions: a misdemeanor related to the Street Ter=oris~ E~f==~e=e~t· a...~d Prevention Act (California Penal Code Section 186.20 et . seq . ,) o= a misdemeanor violation of a controlled cange=ous subs~a.~ces law under California Health and Safety Code Sections 11353 (unlawful sale or transport of narcotic drugs), 11363 (unlawful pla.:iting, harvesting or processing peyote),11J66(establishing a place for trafficking in narcotic substances), ll368(forging or altering prescriptions for narcotic drugs) or 11530 (use of firearm while under influence of controlled substance). 7 . Tha~ no o::~ce= of t~e Los ~~geles Police Depa=~ment shall release or th=ea~en :o ~elease a..~y L~formation regarding the immigration status of a child ~de= age of 18 nnder any circumstances except and unless that child has been previously adjudicated for a delinquent act. LAPD COOPERATION WITH INS REGARDING INTERNATIONAL INVESTIGATIONS 8. That no officer of the Department assist or cooperate with the Immigration and Naturalization Service to assist any investigation, surveillance, or gathering of information conducted by foreign governments, except for cooperation related to an alleged violation of city, county, s~ate or federal criminal law. PROCEDURES REGARDING COUNTY\i!DE CRIMINAL JUSTICE NETWORKS 9. That the. Los Angeles Police Department shall amend any existins oral or written agreement with the Sheriff and the County Automated Justice Information System (A.JIS) to eliminate reporting "foreign born a:-restees" unless those persons have been arrested under Recommendaticn 6 or are children previously adjudicated for a delinquent ac~ u..~der Recommendation No. 7. 11. That the Commanding Officer, Support Services Bureau, shall notify the Sheriff and the Automated .Justice Information System (UIS) that LA.PD will amend its reporting forms and its qreuaait with th• County for.that system regarding "foreign born arrestees" so that only persons arrested under Procedure II (A) (4), and children. previously adjudic.ated for a delinquent act under Procedure II (B) are reported to the INS. CLARIFICAnON OF INTERNAL PROCEDURES 12. That during non-business hours, the watch commander OD. duty shall be c.cm.sulted if the field unit needs clarification resardiD.& -providing assistanc~ to th• INS. EDUCATION/TRAINING OF OFFICERS 13. That when Special Order No. 40 is revised: A. Each officer shall receive, acknowledge and sign for a copy of this revised order. · B. That the new policy shall be the subject of roll call training material. C. That the Police Academy curriculum shall be revised to include issuance of a copy of the revised policy to every recruit, together with other training material on regarding the policy. FILE NO. 90-1347 -.o THE HONORABLE COURCI:L OF THE CITY OF LOS ANGEI.ES YOUR PUBL:IC SAFETY COMMIT-I-EE reports as follows: PUBL:IC COMKERTS: YES PUBLIC SAFETY COMMITTEE REPORT relative to the Police Department's initiation of enforcement activities on the basis of an individual's immigration status with exceptions in limited circumstances. Recommendation for Council action: SUBMIT WITHOUT RECOMMENDATION, Memorandum from Councilman Richard Alatorre which outlines specific suggestions to modify the Los Angeles Police Department's policy regarding its cooperation with the Immigration and Naturaliz~tion Service when it concerns undocumented persons. SUMMA.RY: .pecial Order 4· 0 is an · internal Los Angeles Police Department (LAPD) Policy adopted (November 27, 1979) by the Police Commission and set forth in the LAPD Procedures Manual by way of a Memorandum from Chief Daryl Gates. It outlines the Department's policy with regard to interaction with the Immigration and Naturalization Service (INS) and sets forth procedures for contacting the INS, if it becomes necessary, during the course of maintaining law and order in the City of Los Angeles. Recently, criticism has been directed at the LAPD regarding instances when its cooperation with the INS appeared to circumvent the spirit, if not the letter of Department policy (Special Order 40). Those instances, according to testimony before the Public Safety Committee, included: 1. Circumstances where children were picked up by the Police and transferred to the custody of the INS; 2. Circumstances where victims of crime (hostages held for ransom) were turned over to the INS and .deported: 3. Circumstances where persons arrested for minor •multiple misdemeanors• were sent to the INS and: - - --- -- - - --- --- - - - - -- --- --- ----- - - -~ -- ~ .. - - .. - .. :: . RABLE COUNCIL -.:::-.:.:.: _ "!!"' ..:...:- ....:..- _ -, _p THE CITY OP LOS ANGELES :::.:_ -,: _ -_- _ -_:-_:- _- _c SAFETY COMKI1-rEE reports as follows: 3 -PILE NO. 90-1347 = =====~t meeting of the Public Safety Committee (July 16, 1990) Woo agreed that the intent of his Motion is incorporated in = ===~:=:=aan's Memorandum relative to the LAPD/INS cooperation -======~~ ~and supports its provisions. The Police Department was ========ne Public Safety Committee to review the Memorandum and to Committee with its recommendations of the proposed = =====~: ns to Department Policy regarding undocumented persons. , 1990, the Police Department responded in a communication =======~'iaan Alatorre various recommendations, which some have been ==~====~~=- e d into Councilman Alatorre's Memorandum attached to this __:~__.;._;;_---- Safety Committee on July 30, 1990, recommended to submit _ ___ -- _- _ -_ -_ -_Alatorre's Memorandum, without recommendation, to the full consideration. Respectfully submitted, £'-=IAS MA 0 .. TINC%. CALIFORNIA o,r,r1c:c o,r • er,·., 'c:'-s"" t .. MA•• ••··•····•·: _.6TIVC TO TNI. MATTI.It". ill ~ ~ r; n M r:1 ~~ CITY CLEJltK ~ ~ ~ U 'J ~ i1 11100• HS . On HAL~ u OS ANGEL.&s_ CA 800 t z ., ,a5•!1''70S NOV 1' 'QW• ,c,. TO i,,u.e NO. 90-1347 TOM BRADLEY MAYOII POU~E COMMISS\ON Immigration & Naturalization Services November 15, 1990 300 N. Los Angeles- Street, suite 3235 Los Angeles, CA 90012 Chief Legislative Analyst Police Department · Councilman Woo Councilman Alatorre Councilman Farrell Board of Police Commissioners RE: MOTION ADOPTED RELATIVE TO MODIFICATION OF LOS ANGELES POLICE DEPA.~TMEN'I'' S COOPERATION POLICY WITH IMMIGRATION A.~ NATURALIZATION SERVICE (INS) IN ITS TREATMENT OF UNDOCUMENTED PERSONS At the meeting o: the Council held November 13, 1990, the following action was taken: · Attached report adopted ............•...................•... ------ X " motion " (Alatorre - Farrell) .......•.......••• " resolution " ( ) .......••.. ------ Ordinance adopted ......................................•... _____ _ Motion adopted to approve attached report ................. . ------ " " " " " communication ........... . ------ To the Mayor for concurrence .............................. . ------ To the Mayo::- FORTh-WITH •••••••••.•..•..••••.•••.••••.••••••• ----- Mayor concurred .............•...........•....•............• ------ Appointment confirmed ..••..............•...•...........•.•• ------ Findings adopted ........................................... . ------ Negative Declaration adopted .••...••.••••.••••.•••...•••.•• ------ Categorically exempt ••••.••.••.•..•..•••••••••.••••.•..•••• ----- Generally exet:1pt ••...•••.•••••.....•.••.••••.•.•••••.••.••• ----- EIR certified ...•.....••••..............•.••.•.••.••••...•• ------ Tract map approved for filing with the County Recorder ..... ------ Parcel map approved for filing with the County Recorder •..• ------ Bond approved is No. __________ of Contract •.•..•... _____ _ Attach a copy of follow-up Department Report to file ...... . ------ Special Instructions ____________________ _ ~ k.. Y'Y\.r±;- City Clerk c) bem ~, . . -~ • ;oA !-t O T I O N ou=i:1g rec er. t ?!:O~ ~:is, there ha•re bee~ se"reral · incicents w~ere the Los Ange~~s ?~lice De~a=~~ent has worked with officers !::-cm t:i.e !mmi~=aticn a~c. Naturalization Se:vice to investiaate c=imes ir.vcl~,i~q i!mtl.iarants/=e:ucees without 0r~0er cocumentatior.. T!:ese incice.nts ha 1 1e caused some indi,riduais and orqanizations to : cuestion the Police Oeoartment' s t)Olicv regarding its workinq relationship with the !NS. · - Ove= t:ie pas-: se•."'e=al vea=s cemoc;ra?hic changes in the City cf Lns ~~geles r.ave oc:u=ec rapidly a~c have af=ected the c~livera~ce o! ~a~y Ci~y serv~ces, specifically Police ;,=otection. We, i::. GC": 1 ~e=nrne~t, ~ust ackno•..-rledc;e that with the integration of ma:-.:,, ne•..t cultures, languages and ethnic groups into the Cit:,, acjl!st.::le~ts are necessarf to maintair. a productive and orderly society. ~ith the influ.~ of re:ugees and . irc,.migrants i:ito t:ie C:. t:. ,, "-"e have seen an increase in the role the Immigration a~~ Na~u=alization Service has played here in Los ~geles. ~-s a =es:ilt, _t~~ Los Anc;e:es Police O~pa=t.~ent has had. .:.~c=e~see i~-:e=ac~io~ ~.:.~~ -:~e INS. W:::. !.e ~:: = Ci~~-· a - :-::~::c•..,,·:e:ge s t::a t t::e =c 7-e c = t~e INS is :.~?o=~a~~, a:-.c ~~a~ a~ ~=-~es it is nec~s3a=y =or t~e L~.PD ar.c the ::;s to c:o;'===-~~, t::e C:::.:,· pnlicy must r~::lec~ a position whic?l wil: se=~e t~ sec~=: t~e ccr.!idence of all o~ t~e pe~ple of· Los ~~celes, i~c:uc.:.~~ t~ose who are hP.=e with~ct prope: cnc-.:.Te~tati~!"-. ;..!.!. :::eo:;:le r-iust feel ccofor-:a=le ir. repc=tinc;r c=:..~P. tn, a~c =:~~es~i~= assista~c~ f=oM, -~~P. ~-P~. ~i~hout such t=~s~ a~c c=~=::e::c~, c=:..~e ~a~~~ u:-.=~?c=~~: a~c t~e necessa~! ~=c::~=?.t:..r.r-. =-=:-:· . ..-ee:: ~=:.::..=~ a~~- '::!e :=:??_!.e ma: c_e:.s?. to fl!:<ist ir. c::=~~i::. a=~:~ :-:: c·..:= ,:~~::·• ':':,.:.s c:~~c::.4::.c~ ~.iocli:. :e=iol.!sl~' P-~oce ~~~ cua:i~y ~~ :i~~ i:: t~~ c~~Y- In 197~ t~e Pc!.:!.ce Co~.::t:.ssion aut:!o=ized S:ecial Orce= 40 - • • ~ • ~ .. • -:, • • 7"'\ t: t ' l . . th d t w .. .:.c:,. ~esc=.:.-es -~e _ o_.:.ce .._,epa= :nen s ro e wi • reaar o i~te=ac~inn wit~ t~e !~S anc celineates circumstances uoon which t:i.e ~D reay conpP.=ate w!~h the !NS. - ~~e Police De:a=t::le~t Pc:icv on Uncocurne~ted Aliens (Special Or:e= 40) r::us-t :e ee.::i::ec in such a manner that it clearlv ic~~ti:ies ci=c~s~a~ces ~~~•= whir.h: the ~D s~a=es information or. ur.cocuree~tee a==estees w:..t~ the INS; ar=estees are refer:ed or "tu:~ec ove=" to t:.e INS: and the clear and consistent en=cree~e~t o: t~e ~==~isicns of this Policy by o~~ice:s of the L~.:O whe::. i::~~=act:!.~g w:.t:i t:ie imc!.a=ant/re!uc::ee comrnu:1it~, here - - . - i:-. Los "-~;'P-!es. / -- I .. . _,._ The attached Me:io containinc recommended revisions to Police Department Special Orc!e= 40 has· been drafted with this goal in mind. I :THEREFOR!: MOW that the City Council hereby urgently request the Police Commission to consider adopting the following recommendations or appropriate changes based on the recommendations to Police Department Special Order 40 which are contained in the attached Memorandum from Councilman P.ichard Alatorre regarding the relationship between the L.A.P.D. and the o.s. Department o! ~mmigration and Naturaliz~tion Services relative to L.A.P.D. en!orcement activities on the basis of an individual's imc.i.gration status. ~ ??..::s;:~'!'~D BY s:::coNDED BY Tuesday, November 13. 1990 ---~-~~-------- Ric :tar d Alato:-rP. Councibnr., 14th District --------------- '11/tJ, AOOPTED NOV t 31SJ LOS ANGELES CITY COUNC: ' '"· - Oate:__;;9;.,_-.;;;.2 __ 6-,_;;9;...l ____ _ A note from . .. . Robert L. Vernon CHIEF GATES CH I EF OF POLI CE Chief: As you requested, this has been reforr.iatted; however, the content has not changed. \. R L V SEP 2 5 1991 As (", .... -,.,;-..,-··- v : • • · . · - _, :--. I ... = ... ~a ~ ( : : • · . • _.., I o, • 1 ''-L UI° " • ' ' ·, 1"' ~• .._,,n, ,-..; ,~ ~ . ' -~~J •50201tn21 INTRADEPARTMENTAL CORUSPONDENCE 1 • 2. 2 TO: ~onoraole joara of Police Commissioners FROM : :hief or Pol ice SUBJECT: ~EVIEW OF LAPO POLICY REGARDING UNDOCUMENTED ALIENS Honoraole Memoers: !tis reco~mended tnat the Boaro adopt this report in response to d City Council motion urging the Board to consider moaification .of existing Jepartrnent col icy, r-elative to Department involvement 'Nitn the IITTiligration una •Jaturaiization Service ( UJS). I have revieweo the recommenaeo cnanges to tne Department's policy, and I am in complete dgreement with the Council's interest in clarifying the Department's policy related to this issue. ~lthough I concur with many of the recommenced cnanges, some of the recomnendations conta1n provisions which would seriously hamper our aoility to provide fair and equal enforcement of the law. Further, some recommendations appear to be superceded by State or Federal statutes. In 1979, the Department adopted an enlightened policy with re.spect to undocumented aliens. That policy specifically prohibits officers from initiating police action where the objective is solely to determine the dlien status of an individual. Department policy further states that officers can riei ther arrest nor ~ook persons for i 11 egal ~ntry Jnd tt1at the unaocumentea status of a person, in itself, is not a matter for police action. ~he Department's reiationship \-11th tne ms itself is J complex issu~. 1 .in ttlc 1 me 11ano, we r:iust maKe every effort to protect our co..rnuni ty rrum the predatory memoers of our society. The full force of the law must De usea Jgainst those predators and, should they be undocumented aliens, deportation must be pursued aggressively by those cnargea with law enforcement. Un tne other hand, we must reach out to the undocumented community in an effort to identify ana address their crime problems. Long stanaing outrcacn programs throughout the City have been very successful in this regard and enabled us to provide effective po 1 ice service to tne undocumented community whi ct, is a 11 too vuineraole to predatory criminals. Therein lies tne diler..ma. ,\n ~ffective policy must address both of these concerns, be clearly articulatea and evenly enforced. The method used for preparing this response consisted of reviewing City Counci 1 recorrmendations for changes in Department pol icy regarding its dealings with Irrmigration and Naturalization Service (INS) and undocumented aliens including the relevant documents in the Police Cor.unission file. Eacn City Council recommendation will be responded to in numerical order. City Council Recorrmendations 1, 12 and 13 are responded to in the Recort111endations of the Chief of Police heading of this report. Additionally, interviews of personnel from City County, State and Federal agencies were conducted to obtain opinions and areas of concern. j -- -~---------------------------------i Yonoraole Board of Police Commissioners Page 2 - 1 • 2. 2 : it, ·= :unc; 1 ~ecommenaa ti on ~Jo. 1 That the Council reaffirm the oolicy of the City of Los Angeles as ~xpressea in Special Craer No. 40 (Novemoer 27, 1979) of tne Los ,\ngeles Police uepart:nent regaraing unaocumentea aliens, tne :)epartment snould revise ana c1mend Department Manual Section 1/JYU, ' 1 '.Jndocumentea Aliens" ~nd that sucn review should include proceaures to oe followea by all 0ificers. : ity Council ~ecommenaation No. 2 ~io Arr~sts 3asea SJlely ()n Alien Status ·•:hat no officer of the Los Angeles Police Oepartr:'lent shall initiate an ~nforcement activity or police action aoainst an inaiviaual solely on the ;asis of an inaivi<JUals i1TTI1igration status 11 • Department Response .The above is, ana should continue to be, the policy of the Los Angeles Police Department. City Counci 1 RecorTlllenda ti on No. 3 Circumstances For Cooperation Between LAPD and INS "That no officer of the Los Angeles Police Department shall cooperate with the Immigration ana :Jatural ization Service to: inquire into the i -nm i gr a ti on s ta tu s o f an i n di v i au a l , except and u n l es s re au i re a o y C i t y , County, State or federal law to inquire ,nto the 1mm1grat1on status of dn indivU1ual see1<in'J L.,\PO emoloyment" .. :ity Council Recommendation No. 4 "That no officer of the Los Angeles Police Oepart-:1ent snall Jssist or coooera te \"i th ,my :~i gra ti on and r,a tura l i za ti on Service i nves ti ga ti on, 1etention, or arrest procedures except or unless serving or executing a duly authorized criminal search or arrest warrant or when assisting in an ms criminal investigation in wnich the Department has prooaole cause to believe tnat tne suoject Jf tne investigation has committea or is committing a felony ·'. ~ity Council Recommendation ~o. 5 ' 1 That under no circumstances shall officers of tne Department aetain witnesses or victims or assist the HJS in sucn detention, unless tllere is ;Jrobable cause to believe that those individuals have committed any criminal violation described in Recommenaation No. o or 7". . ; Honorable Board of Police Ccmnissioners Page 3 1 • 2. 2 Department Response 7 hese recorrmended changes (Numbers 3, 4 and 5), should not be aaoptea as they would prohibit any LAPO officer from inquiring intotne irrrnigration status· of almost a 11 persons. Current Department procedure ca 11 s for detectives to routinely complete Investigator 1 s Final Reports on felony Jnd narcotics arrestees. Those reports require certain identifying and· '' 1 ife style" infonnation from arrestees such as tattoos, scars, traaes ana occuoations. The object of these inquiries i s to facilitate tne suspect's future apprehension, should that become necessary. Under the proposed oolicy, investigators would be precluded from asking such relevant ~uestions as place of birth and immigration status. Without tnis essential information, the Department 1 s Foreign Prosecution Unit would De ~amperea in its pursuit of homicide and other violent crime suspects wno · have fled to their native country. ~nether example of the necessity of cooperating with the INS, and most likely the crux of this entire issue, is the incident of June 15, 19~U, involving 27 "undocumented aliens" who had illegally enterea tne United States and were reportedly being held against their will in a "drop house" used by illegal alien smugglers. Obviously, the apprehension of those responsible for unlawfully detaining the undocumented aliens is of significant importance to this co1TJTiunity and it is clearly a violation of a federal law requiring investigation by the agency ·with the expertise in this field. That agency is the INS. The purpose of their investigation is not solely to deport those apprehended, but to identify tnose persons (coyotes) responsible for transporting individuals into this country illegally. ~dditionally, INS seeks to identify the points of passage used by the coyotes to enter the country and their network for transport1n~ tne :maocumented aliens into this country. Without an agressive investigation into coyote illegal activities, they would be free to provide illegal passage to individuals, and assist in the importation of narcotics, criminals fleeing from prosecution and any and all terrorists wno aesire undocumented entry into this country. Many people involved in narcotics and terrorism are willing to pay any price for entry into tne Unitea States provided no .questions are asked. Recorrrnendation ~Jo. 4 would bar any Police Department cooperation with any IUS investigation, detention or arrest except in the service or execution of a search or arrest warrant or cases in which the Department has probable cause to believe the subject of the INS investigations has committed a felony. Generally speaking, this provision is consistent with current Department policy which specifically delineates investigations of suspected terrorist activity as an important exception. Under current Police Corrrnission guidelines governing anti-terrorist investigations, a preliminary investigation may be initiated even though no crime has been conrnitted. The inmigration status of suspected internationa1 terrorists is an integral part of Department anti-terrorist efforts. Terrorist suspects who are in the country illegally can be identified by the Police Department and deported by INS without waiting for thenr to carry out tneir plans. Honorable Board of Police Coomissioners Page 4 l . 2. 2 7 o-address any concern involving the borders of the Uni tea States, tne INS must be dealt with in the same professional manner tnat we deal with all other law enforcement agencies. Department policy (1/230.05) obligates D'epartm_ ent personnel, 11 •••• to take all steps reasonably necessary and consistent with their assignment to effect the enforcement of tne Penal provisions of the City, State and Nation, and to protect life and property." i o do less \-1ould not be in the best interest of all of tne people of the City. T he ~urders of Detective Russel Kuster and Officer Tina r.erorat by illega1 immigrants clearly reaffirms the need for our constant liaising witn INS. ~ltnough INS is somewhat ineffective in dea1ing with illegal irm1igrants aue to statute mandates, to virtually withold information from them will unquestionably tie their hands to the extent that many hardened criminals from foreign countries would be aole to utilize the illegal boraer crossing network to come and go as tney p1eased, ana to prey on the residents of the City of Los Angeles. It is also extremely oifficu1t to estimate the impact · undocumented alien crimina1s (coyotes incluaea) have on all people of this State and particularly the City of Los Angeles. City Counci 1 Recommendation ~Jo. 6 Instances When LAPD May Notify The INS Regarding Undocumented Status "That neither any officer of the Los Angeles Police Department or Department administration shall release or threaten to release infonnation regarding an individual's irrmigration status except and unless tnere is probable cause to believe that the person drrestea by the Department may not be a citizen of the United States and has corMlitted a felony, including any anti-terrorist activity, or any of the Terrorism Enforcement and Prevention Act (California Penal Coae Section 186.2U et. seq.,) or a - :iisaemeanor violation of a controlled d,fngerous suostances law,uncter California Health and Safety Code Sections 11355 (unlawful sale or transport or narcotics drugs), 11363 (unlawful planting, harvesting or processing peyote), 11366 (establishing a place for trafficking in narcotic suostances) or 11550 (use of firearm while under influence of controlled suostance)". City Council Recommenaation tJo. 7 "That no officer of the Los Angeles Police Department sha11 release or threaten to release any infonnation regarding tne immigration status of a child under age of 18 under any circumstances except and unless that chila t1as been previously adjudicated for a delinquent act". Honorable Board of Police Conrnissioners Page 5 1 • 2. 2 Department Response These proposed procedures (Numbers 6 and 7 ) should not be aaopted as they \'iOUld_ pronibit any LAPO officer from releasing or threatening to release information regarding an individual's inlTligration status except ano unless there is probable cause to believe the person is not a citizen of the U.S. and has cormiitted a felony or certain. designated crimes. This Oepartment does not, as a r.1atter of policy or routine practice, release ir.1migration status information. However, circumstances do arise from time to time which require that such information be divulged. During the past five years the Department has received outstanaing cooperation from the government oi the Repuolic of Mexico in apprehenaing and ·prosecuting r.1urderers for crimes committed in Los Ange 1 es. Under Article 4 of the Mexican Constitution, if a Mexican national conmits a cri:ne outside Mexico and subsequently flees to that country, tle can, unaer c~rtain conditions, be prosecuted in his native land. This procedure, though very complex, has been used to prosecute over 100 murder cases in Mexico for crimes committed in Los Ange 1 es. Until recently, there was little that could be done reciprocally for Mexican authorities seeking suspects for murders in Mexico who had fled to Los Angeles. Recently, a procedure was developed whereby wanted persons who have fled Mexico and entered into the United Stateeillegally can be deported to Mexico. This procedure works when local law enforcement, in this case the LAPO, is allowed to work togethe~ with Mexican authorities and the INS. ihe result of this cooperative effort is the removal of a murder _ suspect from our conrnunity so he may be returned to Mexico for trial. These provis1ons would prohibit this type of working relationshio. !f the LAPD were to unilateraly discontinue our assistance to Mexican authorities seeking the apprenension of Mexican mur"d~r suspects, we \1ou l d no douot find them 1 ess wi 11 i ng to assist o~r City ,11th ·our foreign prosecutions. This obviously would result in dangerous criminals, who would normally be processe· a for local or foreign prosecution, to remain in the City and prey on Los Angeles residents. This proposal would prohibit any officer of the LAPD from releasing information regarding the i1T1Tiigration status of a juvenile (under 18 years of age) unless that person has been adjudicated for a delinquent act. It is not the Department's current policy or practice to release such information. Furthennore, officers of this Department must oe aole to use any tool, including deportation, to address a criminal proble~. Unfortunately, a sizeable percentage of criminals are unaer 18 years old and many have not been previously adjudicated as delinquent. Juveniles fall under the purview of the Juvenile Court and Probation Department who retain full authority for appropriate disposition of juvenile suojects. Honorable Board of Police C00111issioners Page 6 1 • 2; 2 City Council Reconvnendation No. 8 LAPD Coooeration With ms Regarding International Investigations "That no officer of the Department assist or cooperate with the Immigration and Naturalization Service to assist any investi9ation, surveillance, or gathering of information conaucted by foreign governments, except for cooperation related to an allegeo violation of City, County, State or federal criminal law". Department Response This recommenoed change should not be adopted as it does not allow for exceptional cases in \>Jhi ch public safety would demand that the Department take action on misdemeanor offenses reported by the INS. For example, d ~attery occurring at an INS facility, an emergency assistance request from INS agents or a disturbance related to INS operations or facilities. The procedure would make the Department's relationship with the ms a special case, different in kind from other law enforcement agency ana, in fact, depriving INS and their employees from·equal protection in this City. That fact could in turn negatively affect the quality of the Department's relationships with other agencies in the law enforcement convnunity. City Council Recommendation No. 9 Procedures Regarding County-wide Criminal Justice Networks "That the Los ~ngeles Police Department shall amend any existing oral or written agreement ·~ith the Sheriff and the County Automated Justice :nformation System (AJIS) to eliminate reporting "foreign born_ arrestees" unless those ~ersons nave been arrested under provisions or Rec.ornenaation 6 or are cnilaren previously adjudicated for a delinquent dCt ·under provisions of Recommenoa ti on No. 7, l is tea above". ~Jote: The suggested changes and· reconvnendations to LAPD policy by City Council do not contain a numoer 10. City Council Recommendation No. 11 "That the Commanding Officer, Support Services Bureau, sna 11 notify the Sheriff and AJIS that LAPD will amend its reporting forms and its agreement with the County for the system regarding "foreign born arrestees" so that only persons arrested unaer Procedure II (A) (4), and children previously adjudicated for a delinquent act under Procedure II ( B) are reported to the INS". Honorable Board Page 7 Police conm;ssioners l. 2. 2 Department Response These recorrmendations (Numbers 9 and 11) should not be adopted. The Lqs Angeles County Sheriff's Department requires the completion of the birthplace field in the Decentralized Automated Booking Infonnation System. Entry into the County-wide AJIS cannot be completed without entering appropriate information into the birthplace field. Sheriff Department's representatives have indicated non-compliance with completion of the birthplace field could result in the Department no longer being a member/user of AJIS. That could have far reaching effects on the Department's ability to book all arrestees and transport them for arraignment. Being a non-member of AJIS would result in the loss of County services such as transportation of arrestees for arraignment to County Jail and to court. Additionally. the ability to track a suspect by booking number would be lost as well as access to the Personal History Index (County Criminal Record). We would be forced to use CII and FBI systems that have an extensive delay period in posting criminal activity. Further, Penal Code Section ·13125 states: "All basic infonnation stored in state or local criminal offender record information systems shall be recorded, when applicable and available, in the form of the following standard data elements: Personal Identification Data * ir * ir * * * * * * Name - ( fu 11 na· me) Aliases Monikers Race Sex Date of birth Place of birth Height Weight Hair color Eye color CII number FBI number Social Security Number California operators license number Fingerprint classification number Address City Council Recommendation No. 12 · Clarification of Internal Procedures "That during non-business hours. the watch conrnander on duty shall be consulted if the field unit needs clarification regarding providing assistance to the INS. Honorable Boar, Jf Police Connissioners Page 8 l • 2. 2 City C ounc i 1 ~ecommenaa ti on Mo. l 3 Education/Training of Officers · A. "Each officer shall receive, acknowlege ana sign for a copy ot t!iis revised Order. 11 a. "That the new policy shall be the subject of roll call training ma teri a 1 • C. "That the Police Academy curriculum shall be revised to include issuance of a copy of the revised policy to every recruit, together with the training material on regarding tile policy." RecorTITiendations of- the Chief of Police Lonsidering the issues, welfare to the City of Los Angeles, ttle Police __ __;;__ ___ ......,epartment and our ability to consistantly deal ethically and professionally w ·ith all law enforcement agencies, I reconrnend that: * The Department revise and amend Department Manual Section 1/390, "Undocumented Aliens" (Special Order No. 40, 1979) and that sucn revision include specific procedures to be followed by all officers wnen confronted with a situation they believe may require notification of the INS; * All Department personnel acknowledge receipt of the revised Special Order in accordance with standard Qepartment procedures by signing the appropriate Oeparnnent documents; ~ :he amended policy be the subject of ~andatory roll call tr!ining; ~ Training Division curriculum incluae all relevant training miterial involving the amended policy; * Officers be prohibited from notifying ms regarding any person cteta i nea or in custody without obtaining the prior approval of their \ldtch commander; ~ \~atch comr.,anders shall be guided by Department policy to ensure total comliance in making those notifications; ond, * The completion of the Decentralized Auto� ateo Booking Information Syste~ used by Department personnel to book persons arrested for retainaole offenses, continue to be completed in its entirety. Honorable Board .. Police Connissioners Page 9 1 • 2. 2 ihe Deoartment has established broaa policy _ to guide the activities of its officers. Specific policies regarding undocumented aliens is a portion of this policy document which comprises the first volume of Tne Department Manual. ihe Manual is reprinted each year and every officer is provided a copy for daily use. Violations of policy, both intentional ana unintentional, do occur and the Department has a well developed system for administering appropriate discipline and providing training to prevent reoccurrences ana maintain cort111unity trust. In that regard, it is critical that each portion of policy be consistent and compatible with all other portions of policy. A po 1 icy \-1hi ch requires reverence for the 1 aw as its corners tone, but not if the law is clothed in an ms unifonn, only serves to confuse officers wno must often make on the spot decisions of a sensitive nature. The concerns expressed in the Public Safety Convnittee's report are understandable, and is clearly an effort to ensure that the Department serves 111 segments of our society wel 1. The trust of the undocumented comrnuni ty is critical in that regard. While some change is necessary, a number of tnese recormnendations would tend to make people who live and work in the City less, not more, secure. Sworn members of the Department depend on regular cooperation and assistance from otner members of the la~ enforcement community. We simply cannot refuse to cooperate with those ·law enforcement agencies who are lawfully and professionally perfonning their duty. Present Department policy regarding "Undocumented Aliens", should be revised and redistributed to ensure that all officers are aware of their · responsibilities and understand the purpose behind this policy. The Department should continue to focus on those activities which have a airect bearing on crime, public safety, order maintenance and the quality of life in our cor.11T1unities. Increasing requests for emergency services ana other priority investigations make it clear that the Department generally snould not concern itself with investigations ~-1hich pertain to the status of i~1igrants. Such action can erode trust and confidence of a large portion of the.people served by the Oepart~ent. It is, therefore, important to d~monstrdte that the Department strives 11 to protect and to serve" all residents of this City witn diligence and integrity. In evaluating the Council's recommendations, one ~ust recognize that a single portion of policy cannot be changed without considering its impact upon other portions. For example, current policy clearly obligates Department personnel " .•• to take all steps reasonably necessary and consistent with their assignment to effect the enforcement of the Penal provisions of the City, . State and Nation, and to protect life and property" (Department Manual Sect10n 1/230.05). Another example is found on policy excerpts from Department Manual Section 1/010, which state: "Policy consists of principles and values which guide the performance.of a Department activity. Policy is not a statement of what must be done 1n a particular situation; rather, it is a statement of guiding principles which should be followed by activities which are airected toward the attainment of Department objectives. Policy establishes standards to assist Department employees in the necessary exercise of discretion in discharging their responsibility." Honorable Board or Police COG1Dissioners Page 10 1 • 2. 2 ''An officer in the performance of his or her duty is confronted wi tn an - infinite variety of complex situations which require police action. Since policy is objective rather than situation oriented, it is broaa enough in scope to encompass most situations. Policy, therefore, must be stated in general tenns." What the Board should consider is the effect any change to the Department's existing policy regarding unoocurnented aliens may have on other policy issues. This will ensure that the Department's overall enforcement policy is clear, concise and fair to both the officers who must make daily decisions, and the _ conrnunity we serve. I believe the City" of Los Angeles will oe oest served by these amended policies and procedures. Respectfully, DARYL F. GATES Chief of Pol ice ,,, I,, ---------------- -------------------, _APO 15 040 1 9,721 INTRADEPARTMENTAL CORRESPONDENCE NAY 19 1992 . •· December 4, 1991 1 • 2. 2 PRESS 7'A TO: Honorable Board of PDlice COll1llissioners FROM: Chief of Police SUBJECT: REVIEW OF LAPD POLICY REGARDING UNDOCUMENTED ALIENS Honorable Members: It is recommended that the Board adopt this report in response to a City Council motion urging the Board to consider modification of existing Department policy, relative to Department involvement with the Imnigration and naturalization Service (INS). I have reviewed the recorm1ended changes to the Department's policy, and I am in complete agreement with .the Council's interest in clarifying the Department's policy related to this issue. Although I concur with many of the recomnended changes, some of the recommendations contain provisions which would seriously hamper our ability to · provide fair and eaual enforcement of the law. Further, some recommendations appear to be superceded ~Y State or Federal statutes. In 1979, the Department adopted an enlightened policy with respect to undocumented aliens. That policy specifically prohibits officers from initiating police action where the objective is solely to detennine the alien status of an individual. Department policy further states that officers can neither arrest nor book persons for illegal entry· and that the undocumented status of a person, in itself, is not a matter for police action. One of the Depart~ent's primary responsibilities is to protect the community from predatory members of our society. The Department understands that members of the City's undocumented community are often victims of crime. Because of this victimization, the Department must reach out to the undocumented corranunity thereby aiding and encouraging them to report crimes. This philosophy has been achieved through the Department's aggressive pursuit of long standing outreach programs. However, a dilertllla is created when certain members of the undocumented contnunity are identified as the perpetrators of serious crimes. When this occurs, the Department has an obligation and a duty to investigate and act upon any violations of City, State and Federal laws. This obligation and duty may necessitate that the Department work collaterally with a variety of agencies, including the INS. These cases can only be pursued with the Department's continued ability to work with the INS as well as other agencies of the criminal justice system. The Department's policy on inter-agency cooperation must be clearly articulated and evenly enforced, thus ensuring our continued ability to work with the entire law enforcement corrvnunity. . ' Honorable Board of Police Corm1issioners Page 2 1 • 2. 2 The method used for preparing this response consisted of reviewing City Council recormnendations for changes in Department policy regarding its dea 1i ngs with Irtmi gra ti on and ~Ja tura 1 i zati on Service (INS) and undocumented aliens including the relevant documents in the Police Conmission file. Each City Council recorrmendation will be responded to in numerical order. City Council Recommendations 1, 12 and 13 are -responded to in the Reconinendations of the Chief of Police heading of this report. Additionally, interviews of personnel from City County, State and Federal agencies were conducted to obtain opinions and areas of concern. City Council Recommendation No. 1 That the Council reaffinn the policy of the City of Los Angeles as expressed in Special Order No. 40 (November 27, 1979) of the Los Angeles Police Department regarding undocumented aliens, the Department should revise and amend Department Manual Section 1/390, "Undocumented Aliens" and that such review should include procedures to be followed by all officers. City Council Recormnendation No. 2 No Arrests Based Solely On Alien Status "That no officer of the Los Angel es Police Department shall i ni ti ate an enforcement activity or police action against an individual solely on the basis of an individuals irTITligration status". Department Response The above is, and should continue to be, the policy of the Los Angeles Police Department. City Council RecorTlllendation No. 3 Circumstances For Cooperation Between LAPD and INS "That no officer of the Los Angeles Police Department shall cooperate with the Inrnigration and Naturalization Service to: inquire into the in111igration status of an individual, except and unless required .by City, County, State or federal law to inquire 1nto the 1rm11grat1on status of an individual seeking LAPD employment" •• City Council Recormtendation No. 4 ~That no officer of the Los Angeles Police Department shall assist or cooperate w~th any Imnigration and Natural;zation Service .investigation, detention, or arrest procedures except or unless serving or executing a duly authorized criminal search or arrest warrant or when assisting in an · INS criminal investigation in which the Department has probable cause to believe that the subject of the investigation has cormnitted or is comnitting a felony•. ..,, · ·Honorable Board of Police Commissioners Page 3 -1. 2. 2· City Council Recorrmendation No. 5 "That under no circumstances shall officers of the Department detain witnesses or victims or assist the INS in such detention, unless there is probable cause to believe that those individuals have conwnitted any criminal violation described in Recorrmendation No. 6 or 7". Department Response These reco111T1ended changes (Numbers 3, 4 and 5), should not be adopted as they would prohibit any LAPD officer from inquiring into the inrnigration status of almost all persons. Current Department procedure calls for detectives to routinely complete Investigator's Final Reports on felony and narcotics arrestees. Those reports require certain identifying and "1 i fe style" i nfonnati on from arrestees such as tattoos, scars, trades and · occupations. The object of these inquiries is to facilitate the suspect's future apprehension, should that become necessary. Under the proposed policy, investigators would be precluded from asking such relevant questions as place of birth and immigration status. Without this essential information, the Department's Foreign Prosecution Unit would be hampered in its pursuit of homicide and other violent crime suspects who have fled to their native country. Another example of the necessity of cooperating with the INS, and most likely the crux of this entire issue, is the incident of June 15, 1990, involving 27 "undocumented aliens" who had illegally entered the United States and were reportedly being held against their will in a "drop houseu used by illegal alien smugglers. Obviously, the apprehension of those responsible for unlawfully detaining the undocumented aliens is of · significant importance to this co1T111unity and it is clearly a violation of a federal law requiring investigation by the agency with the expertise in this field. That agency is the INS. The purpose of their investigation is not solely to deport those apprehended, but to identify those persons {coyotes) responsible for transporting individuals into this country illegally. Additionally, INS seeks to identify the points of passage used by the coyotes to enter the country and their network for transporting the undocumented aliens into this country. Without an agressive investigation into coyote illegal activities, they would be free to provide illegal passage to individuals, and assist in the importation of narcotics, criminals fleeing from prosecution and any and all terrorists who desire undocumented entry into this country. Many people involved in narcotics and terrorism are willing to pay any price for entry into the United States provided no questions are asked. ' . · Honorable Board of Police Corrmissioners Page 4 1.2.2 Recommendation ~Jo. 4 would bar any Police Department cooperation with any INS investigation, detention or arrest except in the service or execution of a search or arrest warrant or cases in which the Department has probable cause to believe the subject of the INS investigations has corrmitted a felony. Generally speaking, this provision is consistent with current Department policy which specifically delineates investigations of suspected terrorist activity as an important exception. Under current Police Corrmission guidelines governing anti-terrorist investigations, a preliminary investigation may be initiated even though no crime has been corrmitted. The irrmigration status of suspected international terrorists is an integral part of Department anti-terrorist efforts. Terrorist suspects who are in the country illegally can be identified by the Police Department and deported by INS without waiting for them to carry out their plans. To address any concern involving the borders of the United States, the INS must be dealt with in the same professional manner that we deal with all other law enforcement agencies. Department policy (1/230.05) obligates . Department personnel, 11 •••• to take all steps reasonably necessary and consistent with their assignment to effect the enforcement of the Penal provisions of the City, State and Nation, and to protect life and property." To do less would not be in the best interest of all of the people of the City. · The murders of Detective Russel Kuster and Officer Tina Kerbrat by illegal irrmigrants clearly reaffinns the need for our constant liaising with INS. Although INS is somewhat ineffective in dealing with illegal irm1igrants due to statute mandates, to virtually withold infonnation from them will unquestionably tie their hands to the extent that many hardened criminals from foreign countries would be able to utilize the illegal border crossing network to come and go as they pleased, and to prey on the residents of the City of Los Angeles. It is also extremely difficult to estimate the impact undocumented alien criminals (coyotes included) have on all people of this State and particularly the City of Los Angeles. City Council Recorrmendation No. 6 Instances When LAPO May Notify The INS Regarding Undocumented Status "That neither any officer of the Los Angeles Police Department or Department administration shall release or threaten to release infonnation regarding an individual's irrmigration status excegt and unless there is probable cause to believe that the person arreste by the Department may not be a citizen of the United States and has conwnitted a felony, including any anti-terrorist activity, or any of the Terrorism Enforcement and Prevention Act (California Penal Code Section 186.20 et. seq.,) or a misdemeanor violation of a controlled dangerous substances law under California Health and Safety Code Sections 11355 (unlawful sale or transport or narcotics drugs), 11363 (unlawful planting, harvesting or processing peyote), 11366 (establishing a place for trafficking in narcotic substances) or 11550 (use of fireann while under influence of controlled substance)M. ~ Honorable Board of Police Corrmissioners Page 5 1. 2. 2 City Council Recort1T1endation No. 7 "That no officer of the Los Angeles Police Department shall release or threaten to release any infonnation regarding the irrmigration status of a child under age of 18 under any circumstances except and unless that child has been previously adjudicated for a delinquent acta. Department Response These proposed procedures (Numbers 6 and 7 ) should not be adopted as they would prohibit any LAPD officer from releasing or threatening to release information regarding an individual's irm1igration status except and unless there is probable cause to believe the person is not a citizen of the U.S. and has conrnitted a felony or certain designated crimes. This Department does not, as a matter of policy or routine practice, release irmiigratfon status infonnation. However, circumstances do arise from time to time which require that such infonnation be divulged. During the past five years the Department has received outstanding cooperation from the government of the Republic of Mexico in apprehending and prosecuting murderers for crimes committed in Los Angeles. Under Article 4 of the Mexican Constitution, if a Mexican national corrmits a crime outside Mexico and subsequently flees to that .country, he can, under certain conditions, be prosecuted in his native land. This procedure, though very complex, has been used to prosecute over 100 murder cases ;n Mexico for crimes corrrnitted in Los Angeles. Until recently, there was little that could be done reciprocally for Mexican authorities seeking suspects for murders in Mexico who had fled to Los Angeles. Recently, a procedure was developed whereby wanted persons who have fled Mexico and entered into the United Stated illegally can be deported to Mexico. This procedure works when local law enforcement, in this case the LAPD, is allowed to work together with Mexican authorities and the INS. The result of this cooperative effort is the removal of a murder suspect from our con111unity so he may be returned to Mexico for trial. These provisions would prohibit this type of working relationship. If the LAPO were to unilateraly discontinue our assistance to Mexican authorities seeking the apprehension of Mexican murder suspects, we would no doubt find them less willing to assist our City with our foreign prosecutions. This obviously would result in dangerous criminals, who would nonnally be processed for local or foreign prosecution, to remain in the City and prey on Los Angeles residents. This proposal would prohibit any officer of the LAPO from releasing infonnation regarding the irmiigration status of a juvenile (under 18 years of age) unless that person has been adjudicated for a delinquent act. It is not the Department's current policy or practice to release such infonnation. Furthennore, officers of this Department must be able to use any tool, including deportation, to address a criminal problem. Unfortunately, a sizeable percentage of criminals are under 18 years old and many have not been previously adjudicated as delinquent. Juveniles fall under the purview of the Juvenile Court and Probation Department who retain full authority for appropriate disposition of juvenile subjec.ts. • · · Honor ab 1 e Bo a rd of Po 1 i c e C orrrn i s s i oner s Page 6 1. 2. 2 City Council Recommendation No. 8 LAPD Cooperation With INS Regarding International Investigations "That no officer of the Department assist or cooperate with the Immigration and Naturalization Service to assist any investigation, surveillance, or gathering of information conducted by foreign governments, except for cooperation related to an alleged violation of City, County, State or federa 1 cri mi na 1 1 aw". Department Response This recommended change should not be adopted as it does not allow for exceptional case.sin which public safety would demand tnat the Department take action on misdemeanor offenses reported by the INS. For example, a battery occurring at an INS . faci 1 i ty, an emergency assistance request from INS agents or a disturbance related to INS operations or facilities. The .procedure would make the Department's relationship with the INS a special case, different in kind from other law enforcement agency and, in fact, depriving INS and their employees from equal protection in this City. That fact could in turn negatively affect the quality of the Department's relationships with other agencies in.the la~ enforcement conrnunity. City Council Recorm1endation No. 9 Procedures Regarding County-wide Criminal Justice Networks "That the Los Angeles Police Department shall amend any existing oral or written agreement with the Sheriff and the County Automated Justice Information System (AJIS) to eliminate reporting "foreign born arrestees 11 unless those persons have been arrested under provisions of Recorm1endation 6 or are children previously adjudicated for a delinquent act under provisions of Recorrrnendation No. 7, listed above". Note: The suggested changes and recommendations to LAPD policy by City Council do not contain a number 10. City Council Recorm1endation No. 11 "That the Corrrnandi ng Officer, Support Services Bureau, sha 11 notify the Sheriff and AJIS that LAPD will amend its reporting forms and its agreement with the County for the system regarding "foreign born arrestees" so that only persons arrested under Procedure II (A) (4), and children previously adjudicated for a delinquent act under Procedure II (B) are reported to the INS". I : \ .... , , .... ·. Honorable Board of Police Corrmissioners Page 7 1.2.2 Department Response These recorrinendations (Numbers 9 and 11) should not be adopt~d • The Los Angeles County Sheriff's Department requires the completion of, the birthplace field in the Decentralized Automated Booking Infonnation System. Entry into the County-wide AJIS cannot be completed without entering appropriate infonnation into the birthplace field. Sheriff Department's representatives have indicated non-compliance with completion of the birthplace field could result in the Department no longer being a member/user of AJIS. That could have far reaching effects on the Department's ability to book all arrestees and transport them for arraignment. Being a non-member of AJIS would result in the loss of County services such as transportation of arrestees for arraignment to County Jail and to court. Additionally, the ability to track a suspect by booking number would be lost as well as access to the Personal History Index (County Criminal Record). We would be forced to use CII and FBI · systems that have an extensive delay period in posting criminal activity~ Further, Penal Code Section 13125 states: •All basic infonnation stored in state or local criminal offender record infonnation systems shall be recorded, when applicable and available, in the fonn of the following standard data elements: Personal Identification Data * * * * * * * * * * * * * * * Name - (full name) Aliases Monikers Race Sex Date of birth Place of birth Height Weight Hair color Eye color CII number FBI number , Social Security Number California operators license number Fingerprint classification number Address City Council Rec011111endation No. 12 Clarification of Internal Procedures "That during non-business hours, the watch c0ct1nander on duty shall be consulted if the field unit needs clarification regarding providing assistance to the INS. · --- -- - --- -- I I I \ .. Honorable Board of Police Comnissioners · - . f:Sage 8 1.2.2 City Council Recorm1endation No. 13 Education/Training of Officers A. "Each officer shall receive, acknowlege and sign for a copy of. this revised Order." B. "That the new policy shall be the subject of roll call training material. C. "That the Police Academy curriculum shall be revised to include issuance of a copy of the revised policy to every recruit, together with the training material on regarding the policy.H Department Response These recorrmendations (Numbers 12 and 13) should be adopted. Recorrmendations of the Chief of Police Considering the issues, welfare to the City of Los Angeles, the Police Department and _ our ability to consistantly deal ethically and professionally with all law enforcement agencies,-! reconinend that: * The Department revise and amend Department Manual Section 1/390, "Undocumented Aliens" (Special Order No. 40, 1979) and that sucn revision include specific procedures to be followed by all officers when confronted with a situation they believe may require notification of tne INS; * All Department personnel acknowledge receipt of the revised Special Order in accordance with standard Department procedures by sfgning the appropriate Department documents; * The amended policy be the subject of mandatory roll call training; * Training Division curriculum include all relevant training material involving the amended policy; * Officers be prohibited from notifying INS regarding any person detained or in custody without obtaining the prior approval of their watch commander; * Watch commanders shall be guided by Department policy to ensure total comliance in making those notifications; and, * The completion of the Decentralized Automated Booking Information System used by Department personnel to book persons arrested for retainable offenses, continue to be completed in its entirety. · - . ' Honorable Board of Police Cort111issioners Page 9 1. 2. 2 The Department has established broad policy to guide the activities of its officers. Specific policies regarding undocumented aliens is a portion of this policy document which comprises the first volume _ of The 0epa~tment . Manual. The Manual is reprinted each year and every officer is provided a copy for daily use. Violations of policy, both intentional and unintentional, do occur and the Department has a well developed system for administering appropriate discipline and providing training to prevent reoccurrences and maintain cortlllunity trust. In that regard, it is critical that each portion of policy be consistent and compatible with all other portions of policy. A policy which requires reverence for the law as its cornerstone, but not if the law is clothed in an INS unifonn, only serves to confuse officers who must often make on the spot decisions of a sensitive nature. The concerns expressed in the Public Safety C001T1ittee's report are understandable, and is clearly an effort to ensure that the Department serves all segments of our society well. The trust of the undocu~ented comunity is cri tica 1 ·1 n that regard. Whi 1 e some change is necessary, a number of these recorrrnendations would tend to make people who live and work in the City less,· not more, secure. Sworn members of the Department depend on regular cooperation and assistance from other members of the law enforcement corrmunity. We simply cannot refuse to cooperate with those law enforcement agencies who are lawfully and professionally perfonning their duty. Present Department policy regarding "Undocumented Aliens", should be revised and redistributed to ensure that all officers are aware of their responsibilities and understand the purpose behind this policy. The Department should continue to focus on those activities which have a direct bearing on crime, public safety, order maintenance and the quality of life in our conrnunities. Increasing requests for emergency services and other priority investigations make it clear that the Department generally should not concern itself with investigations which pertain to the status of inrnigrants. Such action can erode trust and confidence of a large portion of the people served by the Department. It is, therefore, important to demonstrate that the Department strives "to protect and to serve" all residents of this City with diligence and integrity. In evaluating the Council's reconrnendations, one must recognize that a single portion of policy cannot be changed without considering its impact upon other portions. For example, current policy clearly obligates Department personnel " ••• to take all steps reasonably necessary and consistent with their assignment to effect the enforcement of the Penal provisions of the City, State and Nation, and to protect life and property" (Department Manual Section 1/230.05). Another example is found on policy excerpts from Department Manual Section 1/010, which state: "Policy consists of principles and values which guide the performance of a Department activity. Policy is not a statement of what must be done in a. particular situation; rather, it is a statement of guiding principles which should be followed by activities which are directed toward the attainment of Department objectives. Policy establishes standards to assist Department employees in the necessary exercise of discretion in discharging their responsibility.u \ . . · - Honorable Board of Police Coornissioners 1 ' Page 10 _ ..,: ~ 1.2.2 11 An ~ officer in the performance of his or her duty is confronted with an infinite variety of complex situations which require police action. Since policy is objective rather than situation oriented, it is broad· enough in scope to encompass most situations. Policy, therefore. must be stated in general terms.• · What the Board should consider is the effect any change to the Department's existing policy regarding undocumented aliens may have on other policy issues. This will ensure that the Department's overall enforcement policy is clear. concise and fair to both the officers who must make daily decisions, and the conmunity we serve. I believe the City of Los Angeles will be best served by these amended policies and procedures.

Linked assets