New Berlin Police
Department
Directives Manual
Welcome to the New Berlin Police Department Directives Manual. This manual sets forth the general policy of
the New Berlin Police Department. Additional guidance is provided to officers through the department
Procedures Manual, training, and supervisory guidance.
This manual is broken down into individual chapters. Each chapter is further broken down into sections, with
individual directives listed under the appropriate section. The chapters covered in this manual are:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Organization and Management
Personnel Services
Recruitment/Selection
Commendations/Disciplinary Procedures
Management of Resistance/Aggression
Operations
Care of Detainees
Community Relations
Communications
Records
Evidence/Property Integrity
Training
Critical Incidents
Victim/Witness Assistance
Department directives are numbered based on the chapter and section they are contained within. For instance,
Directive 1101 is found in Chapter 1, Section 1 and is numbered as directive 01.
Directives can be accessed simply by clicking on the title of the directive listed in the Table of Contents. This will
take the user directly to the directive in question.
Procedures that are related to, or derive their authority from, a particular directive can be accessed directly
from the directive simply by clicking on the link provided in the directive.
The New Berlin Police Department Directives Manual can be accessed from any computer within the
department by clicking on the Directives Manual icon on the desktop of each computer. Additionally, the
manual can be accessed directly from the network drive in which the manual is stored.
Each time a directive is updated, it will be done so through the computerized version. The Directives Manual
that is available to officers will always be the most current version of the manual. Responsibility for updating the
manual rests with the Policy Advisory Committee and the Department Accreditation Manager.
Table of Contents
Chapter 1 –Organization and Management
Section 1 – Agency Role
1101 Department Mission Statement
1102 Department Goals and Objectives
Section 2 – Employee Conduct
1201
1202
1203
1204
Oath of Office
Codes of Ethics and Conduct/Rules of the New Berlin Police Department
Harassment in the Workplace
Locker Room Privacy
Section 3 – Structure and Accountability
1301 Organizational Structure
1302 Division Responsibilities
Procedure 1302.01 – Use of the NBPD Training Room
1303 Accountability for Authority
1304 Administrative Reporting Program
1305 Legal Advice
1306 Inspections
1307 Social Media
1308 Department Security
Procedure 1308.01 – Body/Duress Alarms
Procedure 1308.02 – Lower Garage Storage
Section 4 – Command Authority
1401
1402
1403
1404
Chief Executive Authority
Command Protocol
Duty to Obey Lawful Orders
Written Directives
Section 5 – Fiscal Management Agency Owned Property
1501 Fiscal Management and Agency Owned Property
Procedure 1501.01 – DMV Agent Procedures
Procedure 1501.02 – Taking Bail with Credit Cards
Procedure 1501.03 – Issuance of Parking Permits
Procedure 1501.04 – Clerical Fees
Procedure 1501.05 – Fingerprinting Fees and Services
Procedure 1501.06 – Cash Register Control and Accounting Procedures
Section 6 – Jurisdiction
1601 Agency Jurisdiction
1602 Mutual Aide/Suburban Mutual Assistance Response Teams
Section 7 – Law Enforcement Authority
1701 Legal Authority
Procedure 1701.01 – Concealed Weapons License and Open Carry
1702 Search and Seizure
1703 Arrests
Procedure 1703.01 – Final Disposition Report
1704 Use of Discretion
1705 Strip Searches
1706 Bias-based Policing
Section 8 – Contract Services
1801 Contractual Services
Section 9 – Citizen Complaints
1901 Investigation of Personnel Complaints
Chapter 2 – Personnel Services
Section 1 – Collective Bargaining
2101 Collective Bargaining Units
Section 2 – Grievance Procedures
2201 Grievance Procedure
Section 3 – Compensation, Benefits and Conditions of Work
2301 Compensation and Time Accountability
Procedure 2301.01 – Court Appearance/Cancellation Procedures
Procedure 2301.02 – Civil Matter Deposition Hearing Procedures
Procedure 2301.03 – Guidelines for Police Clerk Time Accountability
2302
2303
2304
2305
2306
2307
2308
Leave Policies
Insurance, Retirements and Other Benefits
Uniforms, Equipment and Personal Appearance Standards
Medical and Fitness for Duty Exams
Physical Fitness
Outside Employment
Personnel Injuries
Section 4 – Performance Evaluations
2401 Performance Evaluations
Section 5 – Promotional Process
2501 Promotional Process and Administration
Section 6 – Police Auxiliary Unit
2601 Police Auxiliary Unit
Section 7 – Blood borne Pathogens
2701 Blood borne Pathogen Exposure Control Plan
Chapter 3 – Recruitment and Selection of Personnel
Section 1 – Recruitment
3101 Recruitment and Applicant Selection
Section 2 – Background Investigations and Medical Exams
3201 Background Investigations and Medical Exams
Chapter 4 – Commendations/Disciplinary Procedures
Section 1 – Commendations
4101 Commendations
Section 2 – Disciplinary System
4201 Disciplinary Systems
Chapter 5 – Management of Resistance and Aggression
Section 1 – Use of Force
5101 Use of Force
Procedure 5101.01 – X-26P Taser
Procedure 5101.02 – Emergency Restraint Chair
Procedure 5101.03 – Specialty Impact Munitions (SIM)
Section 2 – Rendering Aide
5201 Rendering Medical Aide
Section 3 – Reporting and Review
5301 Use of Force – Reporting and Review
Section 4 – Excited Delirium
5401 Excited Delirium
Chapter 6 – Operations
Section 1 – Patrol
6101 24 Hour Coverage
Procedure 6101.01 – Patrol Personnel Call-in Procedures
Procedure 6101.02 – Investigation Personnel Call-in Procedures
Procedure 6101.03 – Paging of Specialty Units
6102 Special Vehicles or Animals
Procedure 6102.01 – Automatic License Plate Recognition System
Procedure 6102.02 – Vehicle Service Procedures
Procedure 6102.03 – Police Canine Unit Procedures
6103 Response to Routine and Emergency Calls
Procedure 6103.01 – Stray Animal Pick-up/HAWS
Procedure 6103.02 – Civilian Ride Along Procedures
6104 Vehicle Pursuits
Procedure 6104.01 – Use of Stop Sticks
6105 Missing Adult Investigations
6106 Availability of Body Armor
6107 Anatomical Gifts
6108 Dealing with Mental Illness
Procedure 6108.01 – Release of Firearms/Chapter 51 Related
6109 Patrol Beat Areas
Section 2 – Traffic
6201 Traffic Law Enforcement
6202 Impairment due to Alcohol and Drugs
Procedure 6202.01 – OWI Refusal Procedures
6203 Motor Vehicle Crash Reporting, Investigation and Officer Responsibilities
6204 Traffic Direction and Control
6205 Abandoned and Towed Vehicles
Procedure 6205.01 – Towed Vehicle Procedure
Section 3 – Criminal Investigations
6301
6302
6303
6304
6305
6306
6307
6308
6309
6310
Investigative Coverage
Case File Management
Preliminary Investigations
Informants
Adult Custodial Interrogation
Procedure 6305.01 – Custodial Interview Recording Procedures
Eyewitness Identification
Officer Involved Shooting
In-custody Deaths
Domestic Abuse
Officer Involved Domestic Abuse
Section 4 – Criminal Intelligence and Information Sharing
6401 Criminal Intelligence and Information Sharing
6402 Sex Offender Registration and Accountability
Section 5 – Special Investigations
6501 Vice, Drugs and Organized Crime
Section 6 – Juvenile Procedures
6601 Juvenile Operations
6602 Juvenile Custodial Interrogations
6603 Missing Juvenile Investigations
Procedure 6603.01 – Community Notification Procedures
6604 Relinquishing Custody of Newborns
6605 Reporting of Child Abuse
Chapter 7 – Care of Detainees
Section 1 – Search and Transport of Prisoners
7101 Search and Transport of Prisoners
Section 2 – Lock-Up Facility
7201 Municipal Lock-Up Facility
Section 3 – Processing and Temporary Detention
7301 Processing and Temporary Detention
Procedure 7301.01 – Documentation of Property of Arrested Parties
Section 4 – Prison Rape Elimination Act
7401 Prison Rape Elimination Act
Chapter 8 – Community Relations
Section 1 – Public Information Process
8101 Public Information
Chapter 9 – Communications
Section 1 – Communication Processes
9101 Communication Processes
9102 Radio Communication to and from Field Personnel
Chapter 10 – Records
Section 1 – Records
10101 Records
Procedure 10101.01 – Safety Alert Requests
10102 T.I.M.E System
Section 2 – Release of Records
10201 Open Records
Section 3 – Driver’s Privacy Protection Act (DPPA)
10301 Driver’s Privacy Protection Act
Chapter 11 – Evidence and Property Integrity
Section 1 – Collection and Preservation of Evidence and Property
11101 Collection and Preservation of Evidence
Procedure 11101.01 – DNA Collection Procedures for Certain Arrests
Procedure 11101.02 - CD/DVD Evidence for the District Attorney
Procedure 11101.03 – Use and Storage of Digital Photos
Section 2 – Maintenance of Evidence/Property
11201 Control of Evidence and Property
Procedure 11201.01 – Medication Collection Program
Chapter 12 – Training
Section 1 – Weapons and Ammunition
12101 Firearms, Ammunition and Other Weapons
Section 2 – Employee Training
12201 Employee Training and Records
Procedure 12201.01 – Conference, Seminar and Training Requests
12202 Field Training Program
12203 Career Development/Mentor Program
Chapter 13 – Critical Incidents
Section 1 – Operations
13101 All Hazard Plan
Procedure 13101.01 – New Berlin Public Schools Portable Radio Use
13102 Suburban Critical Incident Team
Section 2 – Planning and Organization
13201 Emergency Management
Chapter 14 – Victim/Witness Assistance
Section 1 – Victim/Witness Assistance
14101 Victim/Witness Rights and Services
Procedure 14101.01 – Restitution for Municipal Charges
Procedure 14101.02 – NBPD Chaplain Program
New Berlin Police
Department
Directives Manual
Issue Date:
12/18/14
Next Review Date:
12/31/15
Directive Title:
Department Mission, Vision and Values
Statement
Total Pages:
Page 1 of 1
Directive Number:
1101
WILEAG Standards:
1.1.1
Introduction
This directive sets forth the mission, vision and value statements of the New Berlin Police Department.
Mission Statement
The mission of the New Berlin Police Department is to protect the lives and property of the people we serve and prevent
crime through partnership with the community.
Vision Statement
The vision of the New Berlin Police Department is to be regarded as a leader in law enforcement through a commitment
to professionalism, training, and community oriented policing.
Value Statement
The members of the New Berlin Police Department are guided by a set of core values:
Human Dignity: We acknowledge the value of all people and carry out our duties with dignity, respect and
fairness to all.
Integrity: We are committed to performing our work with the highest degree of honesty, integrity and
professionalism.
Community Partnership: We believe that we are only as strong as the community that we serve. We are
committed to strengthening our partnerships with the public to ensure a higher quality of life for our
community.
Leadership: We believe that all of our employees are leaders. We value the contributions, sacrifices, and talents
of all of our employees.
New Berlin Police
Department
Directives Manual
Issue Date:
12/19/14
Next Review Date:
12/31/15
Directive Title:
Department Goals and Objectives
Total Pages:
Page 1 of 1
Directive Number:
1102
WILEAG Standards:
1.1.2
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
12/18/14
Next Review Date:
12/31/15
Oath of Office and Oath of Honor
Total Pages:
Page 1 of 1
Directive Number:
1201
WILEAG Standards:
1.2.1
Oath of Office
The New Berlin Police Department believes that all employees should swear an Oath to uphold the Constitution of the
United States of America and the Constitution of the State of Wisconsin. Officers must swear to faithfully and impartially
enforce the laws of the State of Wisconsin and the ordinances of the City of New Berlin. To that end, when being sworn
in, a new officer will raise his/her right hand and recite the following Oath of Office:
I, (state your name), having been appointed to the position of Police Officer for The City of New Berlin Police
Department, swear (or affirm) that I will support the Constitution of the United States, the Constitution of the State of
Wisconsin, and will Faithfully and Impartially discharge the duties of said office to the best of my ability. So Help Me God.
After reciting the Oath of Office, newly sworn officers will sign their name to the City of New Berlin Official Oath of
Office form. The form will be notarized by the City Clerk. A copy of the form will be placed in the officer’s personnel file.
Oath of Honor
The New Berlin Police Department is an Oath of Honor police department. We believe that it is important to the
integrity of our profession that all officers swear to the following Oath of Honor:
On my honor,
I will never betray my badge,
my integrity, my character,
or the public trust.
I will always have
the courage to hold myself
and others accountable for our actions.
I will always uphold the constitution
and community I serve.
After swearing to the Oath of Honor, the officer and Chief of Police will sign the New Berlin Police Department Oath of
Honor form. The officer will be given a framed copy of his/her Oath, and the other copy will be placed in the officer’s
personnel file.
New Berlin Police
Department
Directives Manual
Issue Date:
12/18/14
Next Review Date:
12/31/15
Directive Title:
Code of Ethics, Code of Conduct and Rules of
the New Berlin Police Department
Total Pages:
Page 1 of 10
Directive Number:
1202
WILEAG Standards:
1.2.2 and 1.2.3
Code of Ethics
The following Code of Ethics is adopted by the New Berlin Police Department as a standard of conduct for all of our
members:
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 to my chosen profession…law
enforcement.
Code of Conduct- Rules of the New Berlin Police Department
The following rules establish the code of conduct for all personnel of the New Berlin Police Department, including all
sworn and civilian personnel, whether paid employees or volunteers.
1202.01 Violation of Rules: Department personnel will not commit any acts or omit any acts which constitute a
violation of any of the rules, regulations, directives or orders of the department.
1202.02 Unbecoming Conduct: Personnel will conduct themselves at all times, both on and off duty, in such a manner
as to reflect most favorably on the department. Unbecoming conduct will include that which brings the
New Berlin Police
Department
Directives Manual
Issue Date:
12/18/14
Next Review Date:
12/31/15
Directive Title:
Code of Ethics, Code of Conduct and Rules of
the New Berlin Police Department
Total Pages:
Page 2 of 10
Directive Number:
1202
WILEAG Standards:
1.2.2 and 1.2.3
department into disrepute or reflects discredit upon the employee as a member of the department, or that
which impairs the operation or efficiency of the department or employee.
1202.03 Immoral Conduct: Personnel will maintain a level of moral conduct in their personal and business affairs which
is in keeping with the highest standards of the law enforcement profession. Personnel will not participate in
any incident involving moral turpitude which impairs their ability to perform as law enforcement personnel or
causes the department to be brought into disrepute.
1202.04 Conformance to Laws:
A. Department personnel will obey all laws of the United States and of any state and local jurisdiction in which
they may be present.
B. A conviction for the violation of any law or local ordinance will be prima facie evidence of a violation of this
section.
1202.05 Reporting for Duty: Department personnel will report for duty at the time and place required by assignment
or orders and will be physically and mentally fit to perform their duties. They will be properly equipped and
cognizant of information required for the proper performance of duty so that they may immediately assume
their duties. Judicial subpoenas will constitute an order to report for duty under this section.
1202.06 Neglect of Duty: Personnel will not engage in any activities or personal business which would cause them to
neglect or be inattentive to duty.
1202.07 Fictitious Illness or Injury Reports: Personnel will not feign illness or injury, falsely report themselves ill or
injured, intentionally cause themselves to be injured or otherwise deceive or attempt to deceive any official of
the department as to the condition of their health.
1202.08 Sleeping on Duty: Personnel will remain awake while on duty. If unable to do so, they will report to their
superior officer, who will determine the proper course of action.
1202.09 Leaving Duty Post: Personnel will not leave their assigned duty posts during a tour of duty except when
authorized by proper authority.
1202.10 Meals: Personnel may have meals during their tour of duty, subject to immediate recall at all times. Officers
are allowed 30 minutes for meals. Officers may not have their meals at locations that serve alcohol as a
primary business or where the officer’s presence will bring the officer or department into disrepute.
1202.11 Unsatisfactory Performance: All personnel will maintain sufficient competency to properly perform their
duties and assume the responsibility of their positions. Personnel will perform their duties in a manner which
will maintain the highest standards of efficiency in carrying out the functions and objectives of the
department. Unsatisfactory performance may be demonstrated by lack of knowledge of the application of
laws relevant to the duty assignment; an unwillingness or inability to perform assigned tasks; the failure to
conform to work standards established for the duty assignment; the failure to take appropriate action on the
New Berlin Police
Department
Directives Manual
Issue Date:
12/18/14
Next Review Date:
12/31/15
Directive Title:
Code of Ethics, Code of Conduct and Rules of
the New Berlin Police Department
Total Pages:
Page 3 of 10
Directive Number:
1202
WILEAG Standards:
1.2.2 and 1.2.3
occasion of a crime, disorder, or other condition deserving police attention; or absence without leave. In
addition to other indications of unsatisfactory performance, the following will be considered prima facie
evidence of unsatisfactory performance: Repeated poor evaluations or a written record of repeated
infractions of rules, regulations, directives or orders of the department.
1202.12 Employment Outside of the Department:
A. Personnel may engage in off-duty employment subject to the following limitations:
1) Such employment will not interfere with assigned duties within the department;
2) Personnel will submit a written request for off-duty employment to the Chief, whose approval must
be granted prior to engaging in such employment.
B. Approval may be denied where it appears that the outside employment might:
1) Render personnel unavailable during an emergency;
2) Physically or mentally exhaust personnel to the point that their performance may be affected;
3) Require that any special consideration be given to scheduling regular duty hours for personnel;
4) Bring the department into disrepute or impair the operation or efficiency of the department or any of
its personnel.
1202.13 Alcoholic Beverages and Drugs in Police Installations: Personnel will not store or bring into the police facility
or any department vehicle, any alcoholic beverages, controlled substances, narcotics or hallucinogens except
those which are held as evidence.
1202.14 Possession and Use of Drugs: Department personnel will not possess or use any controlled substances,
narcotics, or hallucinogens except when prescribed for treatment by a physician or dentist. When controlled
substances, narcotics, or hallucinogens are prescribed, personnel will notify their superior officer.
1202.15 Use of Alcohol on Duty or in Uniform:
A. Personnel will not consume intoxicating beverages nor have any odor of intoxicants on their breath while in
uniform or on duty except in the performance of duty and while acting under proper and specific orders from
a superior officer.
B. Personnel will not report for duty with any odor of intoxicants on their breath, nor with a blood alcohol
concentration greater than 0.000 (absolute sobriety), except while acting under proper and specific orders
from a supervisor or superior officer.
C. Personnel in uniform or on duty will not enter into any place where intoxicating liquor is sold or furnished,
as a primary business of that establishment, except in the performance of duty.
1202.16 Use of Alcohol off Duty: While off duty, personnel will refrain from consuming intoxicating beverages to the
extent that it results in impairment, intoxication or obnoxious or offensive behavior which discredits the
department, or renders any personnel unfit to report for their next regular tour of duty.
1202.17 Use of Tobacco Products: When on duty, personnel will not use tobacco products:
A. In a public place;
B. When in direct contact with citizens;
New Berlin Police
Department
Directives Manual
Issue Date:
12/18/14
Next Review Date:
12/31/15
Directive Title:
Code of Ethics, Code of Conduct and Rules of
the New Berlin Police Department
Total Pages:
Page 4 of 10
Directive Number:
1202
WILEAG Standards:
1.2.2 and 1.2.3
C. When they have to leave their assignments or post for the sole purpose of doing so;
D. When they are in formation;
E. Within any city facility or vehicle.
1202.18 Insubordination: Personnel will treat their supervisors or superior officers with respect and will promptly obey
any lawful orders of a supervisor or superior officer. This will include orders relayed from a supervisor or
superior officer by personnel of the same or lesser rank or position.
1202.19 Conflicting or Illegal Orders:
A. Personnel who are given an otherwise proper order which is in conflict with a previous order, rule,
regulation or directive will respectfully inform the supervisor or superior officer issuing the order of the
conflict. If the supervisor or superior officer issuing the order does not alter or retract the conflicting order, the
order will stand. Under these circumstances, the responsibility for the conflict will be upon the supervisor or
superior officer. Personnel will obey the conflicting order and will not be held responsible for disobedience of
the order, rule, regulation or directive previously issued.
B. Personnel will not obey any order which they know or should know would require them to commit any
illegal act. If in doubt as to the legality of an order, personnel will request the issuing supervisor or superior
officer to clarify the order or to confer with higher authority.
1202.20 Gratuities: Police Department personnel, including all ranks from chief to patrol officer and all civilian
employees, will not accept any form of gratuity from any civilian for any purpose or reason. This prohibition
includes the acceptance of free coffee presented by a restaurant or other food purveying establishment; it
includes the acceptance of any free beer, liquor, or other malt or vinous beverage in any quantity whatever;
and includes any and all other types of merchandise of any value whatever; and includes any proffering of
cash, goods, wares, gift certificates, services, discounts or any other type of merchandise not previously
specifically identified; and free admission to any theater or other place of amusement or public conveyance.
Personnel will not have or use any form of 'Discount Identification' card by means of which they are identified
as a police department employee and offered a discount on goods or merchandise. In day-to-day dealings with
merchants of our city and state, department employees will not identify themselves as police department
employees until their purchase has been completed. This regulation will not preclude or prevent any
employee of this department from accepting a breakfast, a lunch, a dinner, or a form of gift of reasonable
value, from any service club, church-sponsored organization, fraternal organizational, or other organization
legally founded under the laws of the State of Wisconsin, when such meal often is offered the employee as a
guest of the organization; or in consideration of some special extra duty function that he or she has performed
for the benefit of all the members of the above organization; or in reward for extra duty activities that had
been devoted to the interest of the citizens of our city.
This rule does not preclude the department from receiving any gifts of food, donations or other items of value
that are not directed toward a specific employee and that are approved by the Chief of Police or his designee
as being appropriate.
New Berlin Police
Department
Directives Manual
Issue Date:
12/18/14
Next Review Date:
12/31/15
Directive Title:
Code of Ethics, Code of Conduct and Rules of
the New Berlin Police Department
Total Pages:
Page 5 of 10
Directive Number:
1202
WILEAG Standards:
1.2.2 and 1.2.3
1202.21 Abuse of Position:
A. Use of Official Position or Identification: Department personnel will not use their official position, official
identification cards or badges for:
1) Personal or financial gain;
2) Obtaining privileges not otherwise available to them except in the performance of duty;
3) Avoiding consequences of illegal acts;
4) Loaning to another person under any circumstance;
5) Reproducing or photographing without the approval of the Chief.
B. Use of Name, Photograph, or Title: Personnel will not authorize the use of their names, photographs, or
official titles which identify them as police department employees in connection with testimonials or
advertisements of any commodity or commercial enterprise, without the approval of the Chief.
1202.22 Endorsements and Referrals: Personnel will not recommend or suggest in any manner, except in the
transaction of personal business, the employment or procurement of a particular product, professional
service, or commercial service (such as an attorney, ambulance, towing service, etc.). When such service is
necessary and the person needing the service is unable or unwilling to procure it or requests assistance,
officers will proceed in accordance with established department procedures.
1202.23 Identification: Sworn officers will carry their badges and identification cards on their persons at all times,
while in their jurisdiction, except when impractical or dangerous to their safety or to an investigation. They will
furnish their name and rank to any person requesting that information, when they are on duty or while
holding themselves out as having an official capacity, except when the withholding of such information is
necessary for the performance of police duties or is authorized by proper authority.
1202.24 Citizen Complaints: Department personnel will courteously and promptly record in writing any complaint
made by a citizen against any member of the department. Personnel may attempt to resolve the complaint,
but will never attempt to dissuade any citizen from lodging a complaint against any member of the
department. Personnel will follow established departmental policy for processing complaints.
1202.25 Courtesy: Personnel will be courteous to the public and to all other department members. Personnel will treat
all people with respect and will be tactful in the performance of their duties. Personnel will control their
tempers, and exercise the utmost patience and discretion, and will not engage in argumentative discussions
even in the face of extreme provocation. Personnel will not express any prejudice concerning sex, race, color,
religion, age, political preference, national origin, life style or similar personal characteristics.
1202.26 Requests for Assistance: When any person requests assistance or advice, or makes complaints or reports,
either by telephone or in person, all pertinent information will be obtained in an official and courteous
manner and will be properly and judiciously acted upon consistent with established departmental procedures.
New Berlin Police
Department
Directives Manual
Issue Date:
12/18/14
Next Review Date:
12/31/15
Directive Title:
Code of Ethics, Code of Conduct and Rules of
the New Berlin Police Department
Total Pages:
Page 6 of 10
Directive Number:
1202
WILEAG Standards:
1.2.2 and 1.2.3
1202.27 Associations: Department personnel will avoid regular or continuous associations or dealings with persons
whom they know, or should know, are persons under criminal investigation or indictment, or who have a
reputation in the community or within the department for involvement in felonious or criminal behavior,
except as necessary to the performance of official duties, or where unavoidable because of other personal
relationships.
1202.28 Visiting Prohibited Establishments: Personnel will not knowingly visit, enter, or frequent a house of
prostitution, illegal gambling house, or establishment wherein the laws of the United States, the state, or the
local jurisdiction are regularly violated except in the performance of duty or while acting under proper and
specific orders from a superior officer.
1202.29 Gambling: Personnel will not engage or participate in any form of prosecutable gambling at any time, except
in the performance of duty and while acting under proper and specific orders from a superior officer.
1202.30 Public Statements and Appearances:
A. Department personnel will not publicly criticize or ridicule the department, its policies, or other department
personnel by speech, writing, or other expression, where such speech, writing, or other expression is
defamatory, obscene, unlawful, undermines the effectiveness of the department, interferes with the
maintenance of discipline, or is made with reckless disregard for truth or falsity.
B. Personnel will not address public gatherings, appear on radio or television, prepare any articles for
publication, act as correspondents to a newspaper or a periodical, release or divulge investigative information,
or any other matters of the department while holding themselves out as representing the department in such
matters without proper authority.
1202.31 Personal Appearance:
A. All personnel on duty will wear uniforms or other clothing in accordance with established department
orders or directives.
B. Except when acting under proper and specific orders from a superior officer, personnel on duty will
maintain a neat well-groomed appearance. Sworn officers will style their hair according to established
department orders.
1202.32 Political Activity: Department personnel will not engage in any political activity while on duty or otherwise
acting in an official capacity.
1202.33 Labor Activity:
A. Personnel will have the right to join labor organizations.
B. Department personnel will not engage in any strike. 'Strike' includes the concerted failure to report for duty,
willful absence from one's position, unauthorized holiday, the stoppage of work, or the abstinence in whole or
in part from the full, faithful and proper performance of the duties of employment.
New Berlin Police
Department
Directives Manual
Issue Date:
12/18/14
Next Review Date:
12/31/15
Directive Title:
Code of Ethics, Code of Conduct and Rules of
the New Berlin Police Department
Total Pages:
Page 7 of 10
Directive Number:
1202
WILEAG Standards:
1.2.2 and 1.2.3
1202.34 Payment of Debts: Personnel will not undertake any financial obligations which they know, or should know,
they will be unable to meet, and will pay all just debts when due. An isolated instance of financial
irresponsibility will not be grounds for discipline, except in unusually severe cases. However, repeated
instances of financial difficulty may be cause for disciplinary action. Filing for a voluntary bankruptcy petition
will not, by itself, be cause for discipline. Financial difficulties stemming from unforeseen medical expenses or
personal disaster will not be cause for discipline, provided that a good faith effort to settle all accounts is being
undertaken. Supervisors or superior officers will not solicit or permit a subordinate to co-sign a loan.
1202.35 Residence: Sworn officers will establish and maintain residency in accordance with the provisions of the New
Berlin Professional Police Association contractual agreement.
1202.36 Telephone: All personnel will have and maintain a functioning telephone and will report their current phone
number and address to the Chief. Personnel will immediately report any change in address or phone number
to the Chief.
1202.37 Dissemination of Information: Personnel will treat the official business and records of the department as
confidential. Information regarding official business and records will be disseminated only to those for whom
it is intended, in accordance with established departmental procedures. Personnel may not copy or remove
official records from the department except in accordance with established departmental procedures.
Personnel will not divulge the identity of persons giving confidential information except as authorized by
proper authority.
1202.38 Intervention:
A. Personnel will not interfere with cases being assigned to another officer of the department or by any other
governmental agency unless:
1) Ordered to intervene by a superior officer, or
2) An officer believes beyond a reasonable doubt that a manifest injustice would result from failure to
take immediate action.
B. Personnel will not undertake any investigation or other official action not part of their regular duties
without obtaining permission from a supervisor or superior officer unless the exigencies of the situation
require immediate police action.
1202.39 Departmental Reports: Personnel will submit all necessary reports on time and in accordance with established
department procedures. Personnel will not knowingly enter or cause to be entered any inaccurate, false, or
improper information, or wrongfully alter, conceal, destroy, mutilate, obliterate, remove or steal any record of
the New Berlin Police Department.
1202.40 Processing Property and Evidence: Property or evidence which has been discovered, recorded, gathered or
received in connection with Departmental responsibilities will be processed in accordance with established
procedures. Personnel will not convert to their own use, copy, manufacture, conceal, falsify, destroy, remove,
New Berlin Police
Department
Directives Manual
Issue Date:
12/18/14
Next Review Date:
12/31/15
Directive Title:
Code of Ethics, Code of Conduct and Rules of
the New Berlin Police Department
Total Pages:
Page 8 of 10
Directive Number:
1202
WILEAG Standards:
1.2.2 and 1.2.3
tamper with or withhold any property, recordings or evidence in connection with an investigation or other
police action, except in accordance with established Departmental procedures.
1202.41 Abuse of Process: Officers will not make false charges whether criminal, civil, municipal or traffic, against
anyone.
1202.42 Use of Department Equipment: Personnel will utilize department equipment only for its intended purpose, in
accordance with established departmental procedures, and will not wrongfully abuse, damage, neglect,
dispose of, or lose department equipment. All department equipment issued to personnel will be maintained
in proper order. Personnel will use safety devices provided for the protection of their own lives and well being,
such as auto safety belts, motorcycle crash helmets, and other such safety devices as may from time-to-time
be provided.
1202.43 Operation and Care of Department Vehicles: Personnel will operate department vehicles in a careful and
prudent manner, and will obey all laws and all departmental orders pertaining to such operation. Officers are
responsible for the equipment in their assigned squads and will ensure that equipment is in good working
order at the start of each shift. Officers are responsible for the cleanliness of their squad and promptly
reporting any missing equipment or any need for vehicle maintenance. Loss or suspension of an officer’s
driver’s license will be reported immediately to the Chief.
1202.44 Carrying and Safekeeping of Firearms and Equipment: Sworn personnel, whether on or off duty, shall be
responsible for the safekeeping of their department issued weapons and equipment and shall take reasonable
steps to insure that department weapons and equipment are not accessible to non-authorized personnel.
1202.45 Truthfulness: Upon the order of the Chief, the Chief's designee or a superior officer, officers will truthfully
answer all questions specifically directed and narrowly related to the scope of employment and operations of
the department which may be asked of them. Department personnel will not make any false official
statements.
1202.46 Use of Truth Verification Devices, Medical Examinations, Photographs and Lineups:
A. Truth Verification Examinations: Upon order of the Chief, personnel will submit to truth verification
examinations when the examinations are specifically directed and narrowly related to a particular internal
investigation being conducted by the department. Whenever a complaint from a citizen is the basis for the
investigation, the matter is non-criminal, and no corroborating information has been discovered, personnel
will not be required to submit to a truth verification examination unless the citizen also submits to the same
examination which is specifically and narrowly related to the complaint.
B. Medical Examinations, Photographs and Lineups: Upon the order of the Chief or the Chief's designee,
personnel will submit to medical, ballistics, chemical or other tests, photographs, or lineups. All procedures
carried out under this subsection will be specifically directed and narrowly related to a particular internal
investigation being conducted by the department.
New Berlin Police
Department
Directives Manual
Issue Date:
12/18/14
Next Review Date:
12/31/15
Directive Title:
Code of Ethics, Code of Conduct and Rules of
the New Berlin Police Department
Total Pages:
Page 9 of 10
Directive Number:
1202
WILEAG Standards:
1.2.2 and 1.2.3
1202.47 Notification: In the event of serious injury or death of any member of the police department the supervisor
will immediately notify the Chief of Police by the most expeditious means.
1202.48 Citizen Aid: Personnel will not request the aid of any citizen to have any assignment restored which has been
removed by the order of the Chief of Police, or to be promoted to a higher position in the department.
Personnel will not knowingly permit any petition to be initiated or presented by citizens requesting transfer,
restoration or promotion of a member of the department. Any department employee, however, may make
such request in writing to the Chief of Police in his own behalf.
1202.49 Off Duty Responsibility in New Berlin:
A. Although certain hours are allotted for the performance of duty, sworn officers must be prepared at all
times to act immediately. Off-duty officers will have the discretion to take either direct appropriate police
action, or notify the police department and assist an on-duty officer whenever feasible. Any officer who is
unable to take direct action as a result of not being appropriately equipped will not be subject to discipline for
failure to take such action
B. Personnel may be recalled for 'Emergency Duty' during their 'off hours' at the discretion of the Chief of
Police or any commander or supervisor, depending upon the urgencies of the service and the individual
employee’s fitness for duty.
1202.50 Misconduct Observed by Police Department Personnel: Whenever any department employee observes or is
informed of the conduct of another officer or civilian employee which constitutes a violation of any of these
rules, the employee will report the incident immediately to his/her supervisor who will take necessary action
according to established department procedures and forward it to the Chief of Police (except for counseling
actions) via the chain of command. In the event the misconduct observed was committed by a superior officer,
the officer will forward a report of same to the Chief of Police via sealed envelope.
1202.51 Harassment and Sexual Harassment: Department personnel will not engage in any verbal, written, visual, or
physical act which creates a hostile work environment or interferes with another department member’s work
performance. Nor will department personnel engage in any unwelcome sexual advances, requests for sexual
favors, or other verbal or physical conduct of a sexual nature which creates a hostile work environment or
interferes with another department member’s work performance.
1202.52 Recording Devices: The purpose of this rule is to establish department policy and establish appropriate use of
recording devices that capture visual images or create audio recordings.
All recordings, including video, photographic and audio, created by department personnel while on duty or off
duty but created on the premises of the public safety building are the property of the New Berlin Police
Department.
It is the policy of the department to protect the integrity of our operations and the privacy of employees and
citizens by establishing the following rules for use of any devices, which capture visual images or create audio
New Berlin Police
Department
Directives Manual
Issue Date:
12/18/14
Next Review Date:
12/31/15
Directive Title:
Code of Ethics, Code of Conduct and Rules of
the New Berlin Police Department
Total Pages:
Page 10 of 10
Directive Number:
1202
WILEAG Standards:
1.2.2 and 1.2.3
recordings. This includes but is not limited to cameras of any type (digital, film, video, telephone, PDA’s, etc.)
and audio recording devices of any type (tape, digital, etc.).
A. Unless created during the course of carrying out “official department duties”, the creation (including
reproduction) of any visual images or audio recordings while on duty or off duty but created on the premises
of the public safety building requires prior approval from the Chief of Police or his designee. Capture,
recording or transferring a representation of a nude or partially nude person is specifically prohibited.
New Berlin Police
Department
Directives Manual
Issue Date:
12/22/14
Next Review Date:
12/31/15
Directive Title:
Harassment in the Workplace
Total Pages:
Page 1 of 3
Directive Number:
1203
WILEAG Standards:
1.2.4
Purpose
The purpose of this policy is to maintain a healthy work environment in which all individuals are treated with respect
and dignity and to provide procedures for reporting, investigating and resolving complaints of harassment and
discrimination.
Policy
It is the policy of the New Berlin Police Department that all employees have the right to work in an environment free of
all forms of harassment. Personnel are responsible for maintaining high standards of honesty, integrity, impartiality and
conduct to assure proper performance of the department’s business and to maintain the confidence and respect of the
public. Harassment by any employee, manager, supervisor or others will not be tolerated. Therefore, the department
has adopted a “zero tolerance” philosophy and shall take direct and immediate action to prevent such behavior, and to
remedy all reported instances of harassment and discrimination. A violation of this policy will lead to discipline up to and
including termination, with repeated violations, even if “minor,” resulting in greater levels of discipline as appropriate.
Sexual Harassment
Sexual harassment includes any unwelcome sexual conduct that is either made a condition of employment or that
creates an offensive, intimidating or hostile working environment. The Equal Employment Opportunity Commission
guidelines state:
Unwelcome sexual advances, requests for sexual favors and other verbal and/or physical conduct of a sexual nature
constitute unlawful sexual harassment when:
1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s
employment;
2. Submission to or rejection of such conduct is used as a basis for an employment decision affecting the
employee; or
3. Such conduct has the purpose or effect of unreasonably interfering with the employee’s work performance or
creating a work environment which is intimidating, hostile, or offensive to the employee.
Examples of unwanted sexual conduct are: unwelcome sexual advances; suggestive or lewd remarks; sexually oriented
teasing or joking; unwanted touching, pinching, brushing against another’s body, kisses or other physical contact;
displays of sexually explicit/suggestive pictures, cartoons or other materials, requests for sexual favors; or any other
unwelcome sexual behavior or attention.
Other forms of Harassment
In accordance with the Equal Employment Opportunity Commission proposed guidelines, this policy prohibits
harassment on the basis of race, color, religion, gender, national origin, age, disability, or any other basis prohibited by
law. Prohibited harassment includes, but is not limited to, behavior which:
1. Has the purpose or effect of creating an intimidating, hostile or offensive work environment
2. Has the purpose or effect of unreasonably interfering with an individual’s work performance
New Berlin Police
Department
Directives Manual
Issue Date:
12/22/14
Next Review Date:
12/31/15
Directive Title:
Harassment in the Workplace
Total Pages:
Page 2 of 3
Directive Number:
1203
WILEAG Standards:
1.2.4
3. Otherwise adversely affects an individual’s employment opportunity.
Any acts of intimidation, threats of violence, or acts of violence committed against an employee by another employee
will not be tolerated and are absolutely prohibited.
•
•
•
Act of intimidations are defined as any willful act or behavior committed by an employee against another
employee which causes the other employee to fear for his/her safety.
Threat(s) of violence are any willful act committed by an employee against another employee which threatens
the other employee, or threatens damage to the property of the other employee. The threat(s) of violence
would cause the other employee to reasonably fear for his/her safety, the safety of others, or damage to
property.
Act(s) of violence are any willful act or behavior committed by an employee against another employee which
results in bodily injury, however slight, to the other employee or damage to the other employee’s property.
Supervisor Responsibilities
1. Each supervisor shall be responsible for preventing prohibited activities as defined above. Each supervisor shall
a. Monitor the work environment on a daily basis for signs that harassment may be occurring
b. Stop any conduct that may be considered harassment, and take appropriate steps to intervene,
whether or not the involved employees are within his/her line chain of command
c. Take immediate action to prevent retaliation towards the complaining party or witnesses and to
eliminate the hostile work environment where there has been a complaint of harassment, pending
investigation.
2. Each supervisor has the responsibility to assist any employee who comes to that supervisor with a complaint of
harassment. The supervisor will assist the employee in documenting and filing a complaint.
3. Failing to carry out these responsibilities shall be considered in any evaluation or promotional decisions and may
be grounds for discipline.
Employee Responsibilities
1. Each employee of the City is responsible for assisting in the prevention of harassment through the following
acts:
a. Refraining from participation in, or encouragement of actions that could be perceived as harassment
b. Reporting acts of harassment to a supervisor; and
c. Encouraging any employee who confided that he or she is being harassed or discriminated against to report
these acts to a supervisor.
2. Failure of any employee to carry out the above responsibilities will be considered in any performance evaluation
or promotional decisions and may be grounds for discipline.
Complaint Procedures
New Berlin Police
Department
Directives Manual
Issue Date:
12/22/14
Next Review Date:
12/31/15
Directive Title:
Harassment in the Workplace
Total Pages:
Page 3 of 3
Directive Number:
1203
WILEAG Standards:
1.2.4
Employee’s wishing to file a complaint of either sexual harassment, or other unlawful harassment occurring in the
workplace should follow the procedures outlined in the City of New Berlin Harassment in the Workplace Policy.
New Berlin Police
Department
Directives Manual
Issue Date:
12/22/14
Next Review Date:
12/31/15
Directive Title:
Locker Room Privacy
Total Pages:
Page 1 of 2
Directive Number:
1204
WILEAG Standards:
1.2.5
Purpose
Any person or organization that owns and operates a locker room must enact a policy that does all of the following:
1. Specifies who may enter and remain in the locker room to interview or seek information from any individual in
the locker room.
2. Specifies the recording devices that may be used in the locker room and the circumstances under which they
may be used.
3. Reflects the privacy interests of individuals who use the locker room.
4. Specifies that no person may use a cell phone to capture, record, or transfer a representation of a nude or
partially nude person in the locker room.
Policy
It is the policy of the New Berlin Police Department that lockers maintained by the department will remain the property
of the department. As such, lockers may be subject to inspection at any time for any reason. Department personnel will
not use or operate any device that is capable of audio or video recording or taking photographs, while in the locker
room, with the intent to capture a representation of a nude or partially nude person.
Authorized Personnel
The locker rooms are restricted to employees only. Male employees are authorized to enter the male locker room. No
male employee may enter the female locker room, except in an emergency situation. Female employees are authorized
to enter the female locker room. No female employee may enter the male locker room, except in an emergency
situation.
Male cleaning personnel are authorized to enter the male locker room. Female cleaning personnel are authorized to
enter the female locker room. In emergency situations, cleaning personnel may enter a locker room of the opposite sex,
after first having checked with the Shift Commander or his/her designee and obtaining permission to enter the locker
room of the opposite sex.
Recording Devices
All persons who utilize Department locker rooms may reasonably expect a high level of privacy, which includes being
safe from being observed or having their image captured by a recording or surveillance device without his/her
knowledge and consent. To ensure the privacy of personnel in the locker rooms:
• No device capable of audio, video or audio and video recording may be used in either the male or
female locker room to capture a representation of a nude or partially nude person.
• No department member will be interviewed in the locker room for any official reason.
Privacy Interest
The lockers in the locker room are the property of the Police Department. Officers should not reasonably expect total
privacy in their assigned lockers. Officers and department members, are however, afforded privacy from being viewed
New Berlin Police
Department
Directives Manual
Issue Date:
12/22/14
Next Review Date:
12/31/15
Directive Title:
Locker Room Privacy
Total Pages:
Page 2 of 2
Directive Number:
1204
WILEAG Standards:
1.2.5
nude or partially nude while in the locker room. Officers and department members should use caution when storing
items of value in their assigned locker. The department assumes no liability for items that are lost or stolen from a
department member’s assigned locker.
The access of a locker other than by the assigned user is restricted to Command Staff officers and Supervisors. This shall
be limited to exigent circumstances when it is deemed impractical to access the locker in the company of the assigned
user. When a Command Staff officer or a Supervisor accesses a locker outside the company of the assigned user, that
Command Staff officer or Supervisor shall submit an e-mail to the Chief of Police describing the circumstances and need
surrounding the decision to enter the locker.
Locker Room Rules
1. If officers decide to store a firearm in their assigned locker, the locker will be locked when the officer is not
present.
2. Officers will not display anything lewd or offensive on the outside of their locker.
3. Officers will not affix anything to their lockers that are permanent and cannot be removed.
4. Officers will not place anything on top of their lockers.
5. Officers must be cognizant that the locker room is a facility shared with other employees. Officers will make
every effort to be neat and keep the area around their locker clean. Officers may store their non-uniform shoes
on the floor when they are on duty.
6. Officers will not store their patrol bags on the locker room floor. Officer’s patrol bags should be kept in the
basement equipment room which is provided for that purpose.
New Berlin Police
Department
Directives Manual
Issue Date:
12/22/14
Next Review Date:
12/31/15
Directive Title:
Department Organization and Structure
Total Pages:
Page 1 of 2
Directive Number:
1301
WILEAG Standards:
1.3.1
Purpose
This order defines the organizational structure of the New Berlin Police Department and establishes the Department’s
Chain of Command.
Definitions
A. Staff Officer: An officer with the rank of Captain or higher.
B. Division Commander: A Staff Officer or Sergeant assigned as Commander of a specific division.
C. Shift Commander: A Staff Officer assigned to a specific shift as the Patrol Division Commander.
D. Supervisor: An officer with the rank of Sergeant or above.
General Organization of the Department
The Police Department of the City of New Berlin, Wisconsin, shall consist of the Chief of Police, and as many sworn
police personnel and civilian employees as may be necessary to accomplish the police mission.
The Police Department of the City of New Berlin shall be organized to provide utilization of its personnel in capacities
according to rank and function within the Department. The Chain of Command for police personnel of the Department
shall be as follows:
Chief of Police
Deputy Chief of Police
Captain
Sergeant
Detective
Officer
New Berlin Police
Department
Directives Manual
Issue Date:
12/22/14
Next Review Date:
12/31/15
Directive Title:
Department Organization and Structure
Total Pages:
Page 2 of 2
Directive Number:
1301
WILEAG Standards:
1.3.1
New Berlin Police
Department
Directives Manual
Issue Date:
12/22/14
Next Review Date:
12/31/15
Directive Title:
Division Responsibilities
Total Pages:
Page 1 of 2
Directive Number:
1302
WILEAG Standards:
1.3.2
Purpose
The New Berlin Police Department is comprised of six individual divisions. Those divisions are:
1. Patrol Division
2. Investigative Division
3. Support Services Division
4. Community Services Division
5. Training Division
6. Administrative Services Division
This directive sets forth the responsibilities of each of the divisions within the New Berlin Police Department.
Patrol Division
The Patrol Division is comprised of three patrol shifts; Day Shift, Early Shift and Late Shift. Each patrol shift will be
commanded by a Captain. Front line supervision will consist of 3 Sergeants assigned to each patrol shift. Each patrol shift
will consist of the number of uniformed police officers as designated by the Chief of Police.
Each shift of the Patrol Division will be responsible for providing primary police service to the community, including
preventive patrol, traffic supervision/enforcement, traffic accident investigations, preliminary criminal investigations,
and a variety of other service oriented functions.
Investigative Division
The Investigative Division is comprised of two shifts; Day Shift and Early Shift. The Investigative Division will be
commanded by a Captain. Front line supervision will consist of 1 Sergeant assigned to each Investigative Shift. Each
Investigative shift will consist of the number of Detectives as designated by the Chief of Police.
The Investigative Division is primarily responsible for initiating, following up on and coordinating investigations. While
the Patrol Division will generally initiate investigations into criminal conduct, the Investigative Division will follow up on
and continue those investigations that are of a complex nature, require officers to be out of the City and require the
training and expertise that may be beyond the assigned patrol officer.
The Investigative Division will gear their investigations toward the successful completion of all criminal investigations by
securing the arrest and conviction of perpetrators, the recovery of stolen property, non-criminal investigations (i.e.
background investigations and other administrative investigations), crime scene and evidence management,
maintenance of criminal identification information, intelligence, crime analysis and juvenile services.
Support Services Division
The Support Services Division provides logistical support to all divisions of the department. The Support Services Division
is commanded by a Captain, and consists of the Department Accreditation Manager and Police Service Aide.
New Berlin Police
Department
Directives Manual
Issue Date:
12/22/14
Next Review Date:
12/31/15
Directive Title:
Division Responsibilities
Total Pages:
Page 2 of 2
Directive Number:
1302
WILEAG Standards:
1.3.2
The Support Services Division is primarily responsible for all logistical support to the department. The Support Services
Division is also responsible for the department fleet management. The Support Services Division is also responsible for
maintaining the department directives in accordance with all Wisconsin Law Enforcement Accreditation Group
standards.
Community Services Division
The New Berlin Police Department believes in and supports the Community Policing philosophy. The department has a
Community Services Division, commanded by a Sergeant that will work to accomplish the department’s community
policing goals. The Community Services Division will be staffed by the number of Community Services Officers as
designated by the Chief of Police. The School Resource Officers will be assigned to the Community Services Division. The
School Resource Officers will function in accordance with the Memorandum of Understanding between the school
district and the city. The department’s Auxiliary Officer Program will be coordinated by the Community Services Division.
Training Division
The Training Division is responsible for identifying, administering and implementing the training needs of New Berlin
Police Department personnel. The department is dedicated to training and education and strives to provide its members
with the training and opportunities necessary to create excellence and personal growth in their service to the
community.
The Training Division is also responsible for scheduling the use of the department training room. The training room will
be used in accordance with department procedures.
The Training Division will be commanded by a Sergeant and will be staffed by an officer assigned as the Training Officer.
Administrative Services Division
The Administrative Services Division is comprised of three shifts; Day Shift, Early Shift and Late Shift. The Administrative
Services Division will be headed by the Administrative Services Manager. Each shift will consist of a civilian Clerical
Supervisor and the number of civilian clerks as designated by the Chief of Police. The Administrative Services Division is
primarily responsible for providing clerical support to all divisions of the department.
New Berlin Police
Department
Directives Manual
Issue Date:
12/22/14
Next Review Date:
12/31/15
Directive Title:
Accountability for Authority
Total Pages:
Page 1 of 2
Directive Number:
1303
WILEAG Standards:
1.3.3, 1.3.4
Purpose
This directive outlines the basic authority of each position within the New Berlin Police Department. While authority can
certainly be delegated, the department recognizes that the overall responsibility will always rest with the person who
has delegated the authority. Each member of the department is responsible for their actions at all times, whether or not
authority has been delegated to them.
Position Responsibilities and Authority
Chief of Police: The Chief of Police shall be the commanding officer of the entire police force and shall have supervision
of all employees and all property belonging to the Department. The Chief of Police shall see that all State laws and City
ordinances are enforced as far as possible with the force under his command and that offenders are reported to the
proper authority for prosecution and trial. The Chief of Police shall see that all Department directives and rules of the
Police and Fire Commission and the City government are lawfully enforced. The Chief of Police may issue orders and
designate assignments for the entire police force of the City as the Chief of Police may deem necessary. The Chief of
Police shall establish and maintain regular office hours as are necessary to handle routine police business.
The Chief of Police shall provide that the primary administrative tasks of planning, organizing, staffing, directing,
training, equipping, coordinating, reporting and budgeting be performed in a manner consistent with the highest
standards of police administration. The Chief of Police shall further promote the development of good external
relationships pertaining to City government, other municipal departments, other agencies within the criminal justice
system and the public.
The Deputy Chief of Police will act as the Chief of Police when so designated by the Chief of Police. In the event that the
Deputy Chief of Police is unable or unavailable to act as the Chief of Police, the Chief of Police will designate the most
senior Patrol Division Commander as Acting Chief of Police.
Deputy Chief of Police: In the absence of the Chief of Police, the Deputy Chief of Police will assume the responsibilities of
the Chief of Police.
Under normal circumstances, the Deputy Chief of Police will receive general direction from the Chief of Police. The
Deputy Chief of Police will perform work in planning, coordinating, directing, and analyzing the activities of the Police
Department. The Deputy Chief will oversee the operations of the Patrol, Investigations, Support Services, Community
Services, and Training Divisions. The Deputy Chief is responsible for the performance of the Captains.
Captain: Captains will be primarily responsible for the discipline and good order of the officers assigned to the
shifts/divisions under their command, subject to the direction of the Chief of Police.
New Berlin Police
Department
Directives Manual
Issue Date:
12/22/14
Next Review Date:
12/31/15
Directive Title:
Accountability for Authority
Total Pages:
Page 2 of 2
Directive Number:
1303
WILEAG Standards:
1.3.3, 1.3.4
When reporting for duty, Captains shall acquaint himself/herself with all incomplete and pending police matters and
shall be responsible for notifying the personnel of his/her command with such matters. It shall be the duty of the officer
relieved to acquaint them with such matters.
Captains are responsible for the performance of the Sergeants and Officers assigned to their divisions/shifts.
Sergeants: Sergeants will be responsible to their respective shift or division commanders for the supervision of
personnel assigned to their particular shift or division. They shall be responsible for other duties as may be assigned
them by their immediate supervisor.
Sergeants shall have such authority and supervisory responsibility over subordinates as is commensurate to their rank
and shall instruct them in the performance of their duties.
Sergeants are responsible for the performance of the officers assigned to their shifts.
Detectives: Detectives assigned to the Investigative Division shall be responsible to the Investigative Division Supervisors
for the conduct of their duties and perform such duties as assigned to them.
Police Officers: Police Officers, in carrying out the functions of the Department, shall constantly direct their best efforts
to accomplish those functions. They shall hold themselves in readiness at all times to answer calls and to obey the
orders of their superior officers.
Civilians: Civilian employees will be primarily responsible to the supervisor as designated in Directive 1301.
Civilian employees shall be subject to all policies, rules and orders of the Department as appropriate to their position.
New Berlin Police
Department
Directives Manual
Issue Date:
12/23/14
Next Review Date:
12/31/15
Directive Title:
Administrative Reporting Program
Total Pages:
Page 1 of 1
Directive Number:
1304
WILEAG Standards:
1.3.5
Purpose
This order establishes the guidelines for the department’s Administrative Reporting Program.
Policy
It is the policy of the department that Administrative Reports will be generated to provide department members with
updated information on the status of the department.
Type of Administrative Reports
1. Monthly Update Report
The Monthly Update Report will be a report that is authored by the Chief of Police. The Monthly Update Report
will keep department members, Police and Fire Commissioners and City political leaders up to date on the
activities of the department. The Monthly Update Report may contain information relating to significant cases
that the department has investigated during the month, promotions, assignments and other activity that the
Chief of Police deems fit to include in the report.
2. Monthly Activity Report
The Monthly Activity Report will be a series of reports generated by the Sergeant assigned to the Community
Services Division. The Monthly Activity Report will include a summary of all department activity that occurred
during the month. The Monthly Activity Report will also include a summary of all arrests that have occurred
during the month
The Community Services Division will maintain an email list of recipients for the Monthly Activity Report.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
12/23/14
Next Review Date:
12/31/15
Legal Advice
Total Pages:
Page 1 of 1
Directive Number:
1305
WILEAG Standards:
1.3.6
Purpose
The department has ready access to legal advice. In addition, the Chief of Police has access to legal advice for
employment matters, and the New Berlin Professional Police Association has access to legal advice for matters
pertaining to their members.
Legal Advice
A. City Attorney
1. The City Attorney’s office is the legal counsel for the City. The City Attorney’s office may be consulted for
questions or concerns regarding:
i. Municipal ordinances.
ii. Adopted State Statutes.
iii. City liability issues
2. The City Attorney’s office represents the City and its officers as the prosecuting attorney for ordinance
violations.
B. District Attorney
1. The District Attorney’s office may be consulted for questions or concerns regarding:
i. State statues applicable to a specific incident
ii. Legal issues related to a specific incident that may involve state criminal charges
iii. Intake Court related matters
iv. Warrant (search or arrest) requests.
2. The District Attorney’s office is the prosecuting office for state criminal matters that department
members may be involved in.
C. Chief of Police
1. The Chief of Police may maintain a relationship with an attorney of his/her choice for advice on handling
employment and discipline matters.
D. New Berlin Professional Police Association
1. The New Berlin Professional Police Association maintains representation with attorneys of their choice
to assist members with issues relating to matters of employment law and the collective bargaining
agreement between the City and the Association.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
12/23/14
Next Review Date:
12/31/15
Inspections
Total Pages:
Page 1 of 1
Directive Number:
1306
WILEAG Standards:
1.2.2, 1.2.3
Purpose
The purpose of this directive is to provide for the systematic inspection of all aspects of the departments operations.
Inspections serve as a valuable management tool in discovering differences between intended and actual operations.
Deficiencies can then be corrected, or policy or procedure changes can be made to more accurately reflect the
operational needs of the department.
Policy
It is the policy of the department that supervisors are charged with the responsibility of ensuring that all activities and
functions of the department are carried out in accordance with the Department Directives, Personnel Orders, Special
Orders and Department Procedures Manual.
Line Inspection Responsibility
It is the responsibility of all command and supervisory personnel to be constantly alert that all activities of the
department which are either directly or indirectly their responsibility are performed as prescribed by department
directives or procedures. Supervisors should immediately correct deficiencies when such corrective action is within their
authority. They shall report deficiencies requiring action beyond the scope of their authority to their supervisor.
Required Line Inspections
Patrol Shift Inspection – Patrol Division: During Roll Call for each patrol shift on every Monday, the patrol supervisor
responsible for roll call shall inspect on-coming patrol division officers to ensure compliance with directive 2304,
Uniforms and Equipment. A secondary purpose of this inspection is to ensure that on-duty Patrol Division personnel are
fit for duty.
A.
B.
C.
During Roll Call for each patrol shift the first Monday of every month, the Shift Commander, if scheduled
for duty, will conduct the Roll Call Inspection.
Only exceptional conditions discovered during Roll Call Inspection need be documented. Nothing in this
order prohibits supervisors or commanders from conducting additional inspections they feel are
necessary.
Plainclothes officers are released from Roll Call Inspection with uniformed personnel, but shall stand an
inspection by the Chief of Police or his designee from time to time; such inspection may include assigned
squad, squad equipment, and other special equipment of the Investigation Division.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
04/02/15
Next Review Date:
12/31/15
Social Media
Total Pages:
Page 1 of 5
Directive Number:
1307
WILEAG Standards:
Purpose
The department endorses the secure use of social media to enhance communication, collaboration, and information
exchange; streamline processes; and foster productivity. This directive establishes the department’s position on the
utility and management of social media and provides guidance on its management, administration, and oversight. This
directive is not meant to address one particular form of social media; rather social media in general, as advances in
technology will occur and new tools will emerge.
Policy
Social media provides a new and potentially valuable means of assisting the department and its personnel in meeting
community outreach, problem-solving, investigative, crime prevention, and related objectives. This directive identifies
potential uses that may be explored or expanded upon as deemed reasonable by administrative and supervisory
personnel. The department also recognizes the role that these tools play in the personal lives of some department
personnel. The personal use of social media can have bearing on departmental personnel in their official capacity. As
such, this directive provides information of a precautionary nature as well as prohibitions on the use of social media by
department personnel.
Definitions
Blog: A self-published diary or commentary on a particular topic that may allow visitors to post responses, reactions, or
comments. The term is short for “Web log.”
Page: The specific portion of a social media website where content is displayed, and managed by an individual or
individuals with administrator rights.
Post: Content an individual shares on a social media site or the act of publishing content on a site.
Profile: Information that a user provides about himself or herself on a social networking site.
Social Media: A category of Internet-based resources that integrate user-generated content and user participation. This
includes, but is not limited to, social networking sites (Facebook, MySpace), microblogging sites (Twitter, Nixle), photoand video-sharing sites (Flickr, YouTube), wikis (Wikipedia), blogs, and news sites (Digg, Reddit).
Social Networks: Online platforms where users can create profiles, share information, and socialize with others using a
range of technologies.
Speech: Expression or communication of thoughts or opinions in spoken words, in writing, by expressive conduct,
symbolism, photographs, videotape, or related forms of communication.
Web 2.0: The second generation of the World Wide Web focused on shareable, user-generated content, rather than
static web pages. Some use this term interchangeably with social media.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
04/02/15
Next Review Date:
12/31/15
Social Media
Total Pages:
Page 2 of 5
Directive Number:
1307
WILEAG Standards:
Wiki: Web page(s) that can be edited collaboratively.
Department use of Social Media
The use of social media by the department has many potential advantages. The department can use social media as an
investigative tool, for community outreach and engagement, to make time sensitive notifications and as a recruitment
tool.
Investigative Tool: Social media is a valuable investigative tool when seeking evidence or information about:
1. missing persons;
2. wanted persons;
3. gang participation;
4. crimes perpetrated online (i.e., cyberbullying, cyberstalking); and
5. photos or videos of a crime posted by a participant or observer.
Community Outreach and engagement: Social media can be used for community outreach and engagement by:
1. providing crime prevention tips;
2. offering online-reporting opportunities;
3. sharing crime maps and data; and
4. soliciting tips about unsolved crimes (i.e., Crimestoppers, text-a-tip).
Time sensitive notifications: Social media can be used to make time-sensitive notifications related to:
1. road closures,
2. special events,
3. weather emergencies, and
4. missing or endangered persons.
Recruitment: Persons seeking employment and volunteer positions use the Internet to search for opportunities, and
social media can be a valuable recruitment mechanism. The department has an obligation to include Internet-based
content when conducting background investigations of job candidates. Detectives conducting a background
investigation of a job candidate may request that the candidate log into any social media accounts maintained by the
candidate. Detectives must be cognizant that they cannot force a candidate to divulge any social media passwords.
Any Internet-based searches of job candidates should be conducted by a non-decision maker. Information pertaining to
protected classes shall be filtered out prior to sharing any information found online with decision makers. Persons
authorized to search Internet-based content should be deemed as holding a sensitive position.
Vetting techniques shall be applied uniformly to all job candidates. Every effort must be made to validate Internetbased information considered during the hiring process.
Guidelines for department use of social media: Where possible, each social media page shall include an introductory
statement that clearly specifies the purpose and scope of the department’s presence on the website. The social media
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
04/02/15
Next Review Date:
12/31/15
Social Media
Total Pages:
Page 3 of 5
Directive Number:
1307
WILEAG Standards:
page should link to the department’s official website. Official department social media pages should be designed for the
target audience(s) such as youth or potential police recruits.
In addition, department social media sites will follow these guidelines:
1. All department social media sites or pages shall be approved by the Chief of Police or his or her designee and
shall be administered by the Community Services Division or as otherwise determined.
2. Where possible, social media pages shall clearly indicate they are maintained by the department and shall have
department contact information prominently displayed.
3. Social media content shall adhere to applicable laws, regulations, and policies, including all information
technology and records management policies.
a. Content is subject to public records laws. Relevant records retention schedules apply to social media
content.
b. Content must be managed, stored, and retrieved to comply with open records laws and e-discovery
laws and policies.
4. Where possible, social media pages should state that the opinions expressed by visitors to the page(s) do not
reflect the opinions of the department.
a. Pages shall clearly indicate that posted comments will be monitored and that the department reserves
the right to remove obscenities, off-topic comments, and personal attacks.
b. Pages shall clearly indicate that any content posted or submitted for posting is subject to public
disclosure.
Standards of Conduct: Department personnel representing the department via social media outlets will:
1. Conduct themselves at all times as representatives of the department and, accordingly, shall adhere to all
department standards of conduct and observe conventionally accepted protocols and proper decorum.
2. Identify themselves as a member of the department.
3. Not make statements about the guilt or innocence of any suspect or arrestee, or comments concerning pending
prosecutions, nor post, transmit, or otherwise disseminate confidential information, including photographs or
videos, related to department training, activities, or work-related assignments without express written
permission.
4. Not conduct political activities or private business.
5. Only use department computers to access department social media sites. Personally owned devices may not be
used to manage a department social media site.
6. Observe and abide by all copyright, trademark and service mark restrictions in posting materials to electronic
media.
Personal Use of Social Media
Employees may access personal social media sites while on duty. However, it is important to understand that spending
an inordinate amount of duty time on personal social media can constitute a violation of department rule 1202.06
Neglect of Duty. Employees may not access a personal social media site on a department owned computer.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
04/02/15
Next Review Date:
12/31/15
Social Media
Total Pages:
Page 4 of 5
Directive Number:
1307
WILEAG Standards:
Barring state law or binding employment contracts to the contrary, department personnel shall abide by the following
when using social media:
1. Department personnel are free to express themselves as private citizens on social media sites to the degree that
their speech does not impair working relationships of this department for which loyalty and confidentiality are
important, impede the performance of duties, impair discipline and harmony among coworkers, or negatively
affect the public perception of the department.
2. As public employees, department personnel are cautioned that speech on- or off-duty, made pursuant to their
official duties—that is, that owes its existence to the employee’s professional duties and responsibilities—is not
protected speech under the First Amendment and may form the basis for discipline if deemed detrimental to
the department. Department personnel should assume that their speech and related activity on social media
sites will reflect upon their office and this department.
3. Department personnel shall not post, transmit, or otherwise disseminate any information to which they have
access as a result of their employment without written permission from the Chief of Police or his or her
designee.
4. For safety and security reasons, department personnel are cautioned not to disclose their employment with this
department nor shall they post information pertaining to any other member of the department without their
permission. As such, department personnel are cautioned not to do the following:
a. Display department logos, uniforms, or similar identifying items on personal web pages.
b. Post personal photographs or provide similar means of personal recognition that may cause them to be
identified as a police officer of this department. Officers who are, or who may reasonably be expected
to work in undercover operations, shall not post any form of visual or personal identification.
5. When using social media, department personnel should be mindful that their speech becomes part of the
worldwide electronic domain. Therefore, adherence to the department’s code of conduct is required in the
personal use of social media. In particular, department personnel are prohibited from the following:
a. Speech containing obscene or sexually explicit language, images, or acts and statements or other forms
of speech that ridicule, malign, disparage, or otherwise express bias against any race, any religion, or any
protected class of individuals.
b. Speech involving themselves or other department personnel reflecting behavior that would reasonably
be considered reckless or irresponsible.
6. Department personnel may not divulge information gained by reason of their authority; make any statements,
speeches, appearances, and endorsements; or publish materials that could reasonably be considered to
represent the views or positions of this department without express authorization.
7. Department personnel should be aware that they may be subject to civil litigation for
a. Publishing or posting false information that harms the reputation of another person, group, or
organization (defamation);
b. Publishing or posting private facts and personal information about someone without their permission
that has not been previously revealed to the public, is not of legitimate public concern, and would be
offensive to a reasonable person;
c. Using someone else’s name, likeness, or other personal attributes without that person’s permission for
an exploitative purpose; or
d. Publishing the creative work of another, trademarks, or certain confidential business information
without the permission of the owner.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
04/02/15
Next Review Date:
12/31/15
Social Media
Total Pages:
Page 5 of 5
Directive Number:
1307
WILEAG Standards:
8. Department personnel should be aware that privacy settings and social media sites are constantly in flux, and
they should never assume that personal information posted on such sites is protected.
9. Department personnel should expect that any information created, transmitted, downloaded, exchanged, or
discussed in a public online forum may be accessed by the department at any time without prior notice.
New Berlin Police
Department
Directives Manual
Issue Date:
04/07/15
Next Review Date:
12/31/15
Directive Title:
Department Security
Total Pages:
Page 1 of 3
Directive Number:
1308
WILEAG Standards:
Purpose
This directive establishes guidelines to help ensure employee safety and the physical security of the public safety
building.
Policy
It is the policy of the department that all employees will participate in helping to ensure employee safety and
maintaining the physical security of the public safety building. At all times the safety and security of department
personnel shall be paramount.
Guidelines
Security of Premises:
1. Perimeter: The exterior of the safety building is monitored via closed circuit television from the Records area.
Personnel observing any activity, in person or on CCTV, that appears suspicious or may pose a threat to the
safety of citizens, employees, the physical assets of the public safety building or property under our control shall
investigate or cause to have officers investigate.
2. Access Points:
a. Public: The access point for the public is the main lobby entrance. All business for the Police
Department, Fire Department and Municipal Court is accessible from the lobby. When the lobby is
closed, the public may gain access to the lobby by using the intercom system in the vestibule.
b. Employees: Police Department employees and selected city employees/officials and Auxiliary officers
have access to the public safety building from all exterior doorways. Employees shall make sure doors
close and latch after passing through. This includes all overhead doors.
c. Keypad Access: To ensure security for authorized personnel, keypad access numbers are to be
considered confidential information. All employees are to use only their assigned access number.
3. Underground Parking Area: Personnel entering or leaving the underground parking garage must make sure the
garage doors close and are secure. The garage doors at the lower level are to be closed when not in operation
for security and ventilation/fire protection purposes.
Internal Areas: The internal offices, including the Records area, roll call area, garage, workout room, lower basement
and evidence processing areas, employee locker rooms, and service and storage areas of the public safety building are
not open to the public. Entry to any of these areas within the department shall be restricted to authorized personnel
unless escorted by an employee.
1. Duress Alarms: Duress alarms are available to personnel in “high exposure” areas (booking room, Records,
Municipal Court Clerk, and Fire Department Administration.) These small portable units are designed to send a
distress signal to the Records area in the event an employee confronts a hostile/dangerous situation or subject
within the public safety building. These alarms are location specific and must be kept near the issued area.
Personnel will send an appropriate response to any duress alarm signal or call for assistance. Duress alarms will
be cleared in accordance with department procedures.
New Berlin Police
Department
Directives Manual
Issue Date:
04/07/15
Next Review Date:
12/31/15
Directive Title:
Department Security
Total Pages:
Page 2 of 3
Directive Number:
1308
WILEAG Standards:
2. All visitors entering the interior of the public safety building will be subject to having their persons and property
searched and/or screened by a metal detection device by sworn or trained personnel. Both entrance doors from
the lobby are posted advising visitors of this policy. The search and/or metal detection screening of visitors will
be left to the discretion of the officer allowing access to the interior of the public safety building. Anyone who
acts or looks suspicious or has a known criminal or mental illness history should be screened. Personnel should
err on the side of caution in deciding whether to search and/or screen a visitor with the metal detection unit.
a. All visitors will be accompanied by department personnel while inside the police portion of the public
safety building (lobby excluded); this includes family members.
b. Those persons entering the physically secure location shall complete a Visitor Access Log and shall wear
a visitor’s badge. The Visitor Access Log shall include the following:
i. Name and Agency (if applicable) of the visitor
ii. Date of Access
iii. ID Check
iv. Time of Entry
v. Time of Departure
vi. Purpose of Visit
vii. Name of Person Visited
This log shall be maintained for a minimum of one year and shall be reviewed frequently for accuracy
and completeness by the Administrative Services Manager or his/her designee.
c. The Visitor Access Log is not required for officer interviews with Witnesses, Victims and/or Suspects.
These subjects must be escorted at all times while in the secure internal areas of the Department.
d. Challenge: If a visitor is observed in the interior of the public safety building, without a visitors badge
and not in the company of a department employee, they will be challenged as to the nature of their
business and to ensure that they are in compliance with this directive.
e. Suspect Interviews: Interviewing of criminal suspects at the police department and outside of the
booking/jail area will require a minimum of two officers for security reasons; one officer to conduct the
interview and the other within close proximity of the interview room to render aid to the interviewing
officer, if necessary. During the interviewing of “suspects”, no firearms or Tasers shall be worn by
officers conducting the interview. No suspects in a criminal investigation will be interviewed in the lobby
area.
f. Family: Family members when accompanied by the employee, unless prohibited by the Chief or his
designee, may enter the interior of the Public Safety Building including an employee’s personal work
area and/or the main kitchen area to share meals during the employee’s lunch break or visit during
regular break times.
Emergency Situations
Fire Evacuation: The safety building has an extensive fire detection/suppression/alarm system. If an employee detects a
fire they should immediately activate the fire alarm system via a “pull” station near an exit door and have the Fire
Department notified. Department personnel should evacuate the building until Fire Department personnel authorize reentry.
New Berlin Police
Department
Directives Manual
Issue Date:
04/07/15
Next Review Date:
12/31/15
Directive Title:
Department Security
Total Pages:
Page 3 of 3
Directive Number:
1308
WILEAG Standards:
Bomb Threat: In the event of a bomb threat at the safety building, the supervisor(s) on duty shall be notified
immediately. Based on the circumstances, the nature and credibility of the threat, the Shift Commander will determine
the proper course of action. If a decision is made to evacuate the premises, all personnel shall evacuate the building.
New Berlin Police
Department
Directives Manual
Issue Date:
12/23/14
Next Review Date:
12/31/15
Directive Title:
Chief Executive Officer
Total Pages:
Page 1 of 1
Directive Number:
1401
WILEAG Standards:
1.4.1
Purpose
This directive, in compliance with City of New Berlin Municipal Ordinance 6-7, established the Chief of Police as the Chief
Executive Officer of the department.
Policy
City of New Berlin Municipal Ordinance 6-7 establishes the Board of Police and Fire Commissioners. The ordinance gives
the Board the authority and duties outlined in State Statute 62.13. One of the specified duties is to establish the position
of Chief of Police.
The City of New Berlin has created the position of Chief of Police. The City has vested full authority and responsibility for
the management, direction, and control of the operations and administration of the New Berlin Police Department with
the Chief of Police.
Duties
The Chief of Police is responsible for:
1. Ensuring continuity of department mission through command and supervisory staff.
2. Plan, organize and direct the maintenance of law and order, the protection of life and property, crime
prevention programs, regulation of traffic, arrest and detention of law violators.
3. Maintain police records according to law.
4. Serve as official custodian of employee personnel records including medical records.
5. Correspond and confer with government officials, school officials, unions and citizens regarding police and safety
matters.
6. Assist in the development of ordinances regarding public safety.
7. Analyze and solves budgetary problems within the department.
8. Create and submit annual budget for consideration.
9. Determine broad training requirements for department personnel.
10. Make final recommendations on appointments, promotions, dismissals and disciplinary actions made in the
department.
11. Responsible for overseeing special studies and the preparation of comprehensive reports.
12. Ensure the respectful communication at all levels of command occurs regularly, and facilitates frequent staff
meetings
13. Interpret and ensures compliance with labor contracts.
14. Arrange hiring and promotional processes as required.
15. Implement policy changes within the department.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
12/23/14
Next Review Date:
12/31/15
Command Protocol
Total Pages:
Page 1 of 2
Directive Number:
1402
WILEAG Standards:
1.4.2
Purpose
This directive outlines the chain of command for the New Berlin Police Department during:
1.
2.
3.
4.
Normal day to day operations
Exceptional situations
Situations involving personnel from different operational components engaged in a single operation.
Absence of the Chief of Police.
Policy
It is the policy of the New Berlin Police Department that the chain of command will be followed whenever applicable.
The normal chain of command for the department is:
1.
2.
3.
4.
5.
Chief of Police
Deputy Chief of Police
Designated Captain on duty
Senior Patrol Sergeant on duty
Senior Officer on duty
Divisional Command
As outlined in Directive 1301, Staff Officers have the rank of Captain or above. Supervisors have the rank of Sergeant or
above.
No Staff officer or Supervisor from one division will interfere with the operations or personnel of another division, unless
an exceptional circumstance requires immediate action. For normal day to day operations, personnel assigned to a
division will seek guidance from the supervisor in their chain of command.
Exceptional Situations
In situations where an employee’s immediate supervisor within his/her chain of command is unavailable, and the
situation demands immediate action, the employee may seek guidance from another supervisor. The supervisor from
whom guidance is sought may provide whatever assistance is needed. That supervisor will let the employee’s normal
supervisor know what transpired in an email that is sent as soon as possible.
Situations involving personnel from different operational components engaged in a single operation
Authority at Crime Scene: When a crime scene requires the services of a Detective(s), the Detectives will be responsible
for directing the criminal investigation. The Detectives within the unit will be known as the ‘Investigation Group’. In the
New Berlin Police
Department
Directives Manual
Issue Date:
12/23/14
Next Review Date:
12/31/15
Directive Title:
Command Protocol
Total Pages:
Page 2 of 2
Directive Number:
1402
WILEAG Standards:
1.4.2
absence of an Investigative Division Supervisor, the ‘Investigation Division Group Supervisor’ will be determined by
Detective seniority, unless specifically designated by an Investigative Sergeant or Captain.
Detectives will request additional personnel or resources through the Chain of Command.
Incident Command: The New Berlin Police Department is committed to the National Incident Management System, and
utilizes the Incident Command System (ICS) to manage incidents requiring numerous personnel, or personnel from
another agency. The command protocol established to handle an incident requiring four officers or more will adhere to
the ICS command protocol.
Absence of the Chief of Police
In the event that the Chief of Police is unavailable or absent, the Deputy Chief of Police will exercise command of the
department. If the Deputy Chief is unavailable, the highest ranking supervisor on duty will exercise command of the
department.
If an officer other than the Chief of Police has assumed command of the department in the absence of the Chief of
Police, that officer will follow the guidelines established by the Chief of Police through policy or other orders. The officer
assuming command of the department will take care to not unnecessarily interfere with or countermand any order or
policy of the Chief of Police. This authority and responsibility is not limited or confined to that officer’s own division but
shall include supervision over and responsibility for all personnel in the Department, unless otherwise specified.
New Berlin Police
Department
Directives Manual
Issue Date:
12/23/14
Next Review Date:
12/31/15
Directive Title:
Duty to Obey Lawful Orders
Total Pages:
Page 1 of 1
Directive Number:
1403
WILEAG Standards:
1.4.3
Purpose
To ensure efficient operation of the department, it is critical that officers follow the lawful order of their supervisors, or
any other officer with supervisory rank. This order establishes the department’s expectations that lawful orders will be
obeyed.
Policy
It is the policy of the department that subordinate officers and other members of the department have the duty to obey
any lawful verbal order or written directive of a supervisory officer, including any order or directive relayed from a
supervisor by an employee of the same or lesser rank. To disregard or subvert an order or directive is insubordination
and can be cause for disciplinary action.
Staff officers and supervisors have the duty to keep fully informed of standing orders and directives issued by proper
authority, to ensure compliance with standing orders and directives, and to prudently exercise their authority to give
orders and direction. A supervisory ranking officer who knowingly issues an unlawful, imprudent, or frivolous order or
fails to enforce a lawful order can be subject to disciplinary action.
Conflicting Orders or directives
In the event an employee is given two apparently lawful but different orders that may be in conflict, the last order given
should be complied with unless the order is retracted or modified. When a police officer or other department employee
receives a conflicting order or directive, he/she has the duty to inform the issuing supervisor of the conflict. That person
giving the conflicting order should then resolve the conflict by either retracting, modifying, or requesting the employee
to comply with the most recent order. In the event the conflicting order is not altered or retracted, the employee will
not be held responsible for disobedience of the order or directive previously issued.
Unlawful orders
No member of the department is required to obey any order or directive which is contrary to the laws of the United
States, State of Wisconsin, or ordinances of the City of New Berlin; however, such refusal to obey is the responsibility of
the employee and he/she will be required to justify his/her action.
Members of the department who believe they are justified in disobeying an order or directive should immediately state
the basis for refusal to comply with the supervisor issuing the order or directive. If the matter cannot be resolved
through clarification or review by other supervisors immediately available, the department member should, at the
earliest opportunity, reduce his/her position to writing and forward that report through the chain of command to the
Chief of Police.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
12/23/14
Next Review Date:
12/31/15
Written Directives
Total Pages:
Page 1 of 3
Directive Number:
1404
WILEAG Standards:
1.4.4
Purpose
This directive sets forth a system for the development and implementation of Department Directives, Personnel Orders,
Special Orders, and Department Procedures.
Definitions
1. Department Directive: An order that establishes department wide policy guidelines affecting the operation of
the department and setting the rules and regulations of the department. Department Directives are issued,
modified, and changed only by the Chief of Police. Department Directives provide a basis for lawful actions by all
sworn officers and members of the Department.
2. Personnel Order: An order detailing a personnel action; to include promotion, assignment, shift staffing,
disciplinary action or any other action dealing with the status of department personnel. Personnel Orders may
be issued, modified or changed by any Staff Officer.
3. Special Order: An order detailing special procedures, staffing levels, staffing restrictions, guidelines or other
information that is of a temporary nature. All Special Orders will have a sunset date at which time they will no
longer be in effect. Special Orders may be issued, modified, changed, or expunged by any Staff Officer.
4. Department Procedure: A procedure that is established to ensure consistent performance of department
personnel. A procedure will outline the steps to follow to accomplish a task or objective. Department
Procedures may be issued, modified, updated or expunged by any Staff Officer.
Policy Advisory Committee
It is important for all department members to have the ability to offer suggestions for change or addition to the policy of
the New Berlin Police Department. The Chief of Police authorizes the formation of a Policy Advisory Committee, which
will be the avenue through which department members can participate in the development of policy.
The Department Accreditation Manager will be the chairman of the Policy Advisory Committee. The committee will
consist of the following:
•
•
•
•
•
A member of each patrol shift that is not a supervisor
A member of the Investigative Division that is not a supervisor
A member of the Community Services Division that is not a supervisor
A member of the Administrative Services Division that is not a supervisor
A member of the department Command Staff
The Policy Advisory Committee is responsible for reviewing proposed changes in policy as well as continually reviewing
existing policy. Personnel having suggestions for, or concerns with policy, should make contact in writing with any
member of the Policy Advisory Committee. The suggestion or concern should include an explanation of the problem, a
proposed solution and all available information that is relevant to the problem.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
12/23/14
Next Review Date:
12/31/15
Written Directives
Total Pages:
Page 2 of 3
Directive Number:
1404
WILEAG Standards:
1.4.4
Efforts will be made by the Policy Advisory Committee to solicit and consider comments from department members as
well as those outside the department who may be affected by changes in a specific policy.
The Department Accreditation Manager will ensure that any policy changes, additions, or updates are properly
formatted and in compliance with all WILEAG standards.
Once the Policy Advisory Committee finalizes a draft policy, it will forward the policy to the Chief of Police for his/her
review and approval. A policy is not valid or in effect if it has not been signed by the Chief of Police.
The Policy Advisory Committee is responsible for reviewing all Department Directives every year. This review will be
geared toward determining if the Department Directives are still applicable policy, need updating, or need to be
eliminated from the Department Directives Manual.
Access to Department Directives
Printed copies of the New Berlin Police Department Directives Manual will be located in the offices of the Chief of Police,
the Deputy Chief of Police, and the Administrative Services Division Manager.
The New Berlin Police Department Directives Manual will be located on the department computer network. All
department members will be shown how to access and use the manual. The version of the Directives Manual that is on
the department computer network will be the most current version. When directives are updated, changed, or
eliminated this master copy of the Directives Manual will reflect those changes. No other version that may be saved on a
local computer drive will be considered current.
Once changes, updates or new directives are issued by the Chief of Police, the Policy Advisory Committee will be
responsible for emailing the changed, updated, or new directive to all department members. The Policy Advisory
Committee will also be responsible for placing a sign off sheet at roll call. The sign off sheet will be used to ensure that
all department members have been trained on, and given the opportunity to ask questions about, changed, updated, or
new department directives.
Format of Department Directives
Department Directives will be formatted by the Department Accreditation Manager. The directives will have a header
containing “New Berlin Police Department Directives Manual”, the title of the directive, an image of the department
badge, the issue date, the next review date of the directive, the number of pages, the directive number, and the
appropriate WILEAG standard.
Directives will begin with a Purpose statement. The body of the directive will then contain the information agreed upon
by the Policy Advisory Committee and approved by the Chief of Police.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
12/23/14
Next Review Date:
12/31/15
Written Directives
Total Pages:
Page 3 of 3
Directive Number:
1404
WILEAG Standards:
1.4.4
The New Berlin Police Department Directives Manual will be in Adobe Acrobat PDF format. Adobe Acrobat allows for the
indexing of subject matter in the manual, and allows for easy searching of topics.
Department Procedures Manual
The procedures that are deemed necessary for the consistent performance of tasks and objectives will be authored by
Staff Officers. The procedures will be linked to the appropriate Department Directive that the authority for the
procedure comes from. A hyperlink will be placed in the Department Directive that immediately directs the user to the
appropriate procedures.
The Department Procedures Manual will be maintained on the department computer network and will be available to all
personnel.
New Berlin Police
Department
Directives Manual
Issue Date:
02/19/15
Next Review Date:
12/31/15
Directive Title:
Fiscal Management and Agency Owned
Property
Total Pages:
Page 1 of 2
Directive Number:
1501
WILEAG Standards:
1.5.1, 1.5.2, 1.5.3,
1.5.4, 1.5.5
Purpose
This directive establishes guidelines for accounting and fiscal control within the department.
Policy
It is the policy of the department to comply with and follow all city policies regarding fiscal management and city owned
property.
Purchasing
The department will comply with the city Procurement Policy. The department will follow all Federal Government rules
relating to the use and expenditure of equitable sharing funds from the Asset Forfeiture Program. The Chief of Police is
the final authority on items that will be purchased with funds from the Asset Forfeiture Program.
The department will ensure that damaged equipment is repaired by a reputable vendor, but will not necessarily solicit
for numerous bids to repair equipment.
For most purchases, Purchase Orders will be required for the item being purchased. Purchase Order requests will be
processes by the Administrative Services Manager.
Accounting System
The department will comply with city accounting procedures and policies.
The Deputy Chief of Police and the Administrative Services Manager will maintain the department budget. The city
Finance Department, through the Munis System, will maintain the initial appropriation amount for each account,
including starting and ending balances.
The Munis System also allows the department to track expenditures made and encumbrances incurred. Only authorized
members of the department may access the Munis System to manage budget accounts.
Cash, Bail/Bond and Fine/Forfeiture Collections
Collection of bail/bond and fine/forfeiture will be done at the New Berlin Municipal Court. When the Municipal Court is
closed, the New Berlin Police Department will collect monies on behalf of the Municipal Court.
All members will follow department procedures for properly collecting bail/bond and fines/forfeitures.
The petty cash fund and the Investigative Special Project funds are the only cash funds maintained by the department. A
balance sheet will be prepared and maintained by the Staff Officer in charge of each account. The balance sheet will
reflect the starting and ending balances of each account, along with any credits, debits or adjustments made throughout
New Berlin Police
Department
Directives Manual
Issue Date:
02/19/15
Next Review Date:
12/31/15
Directive Title:
Fiscal Management and Agency Owned
Property
Total Pages:
Page 2 of 2
Directive Number:
1501
WILEAG Standards:
1.5.1, 1.5.2, 1.5.3,
1.5.4, 1.5.5
the year. The Administrative Services Manager will maintain all records relating to cash expenditures from the petty cash
account. The Investigation Division Commander will maintain all records relating to cash expenditures from the Special
Projects fund.
Whenever practicable, a receipt will be required for any cash received from either the petty cash fund or the Special
Projects fund.
Prior authorization from the Chief of Police or his/her designee is required for any cash disbursements in excess of $50.
The Chief of Police or his/her designee is responsible for disbursing or accepting cash.
On a quarterly basis, the Administrative Services Manager will prepare a summary of all cash activity within the
department.
The department maintains a cash register for use by Police Records Clerks. The cash register will be used in accordance
with department procedures.
Audits
On a yearly basis, the city Finance Department will audit the fiscal activities of the department to ensure compliance
with city accounting procedures.
Inventory Control
The Police Services Aide is responsible for maintaining an inventory of all department property. The department lead
armorer will maintain an inventory of all department weapons.
Administrative Services Division Responsibilities
The Administrative Services Division has many responsibilities relating to fiscal management for services the department
provides to the public. The department has procedures that will be followed when providing the following services to
the public:
1. DMV Agent procedures.
2. Issuance of parking permit procedures.
3. Clerical fees.
4. Fingerprint fees and services.
New Berlin Police
Department
Directives Manual
Issue Date:
12/29/14
Next Review Date:
12/31/15
Directive Title:
Agency Jurisdiction
Total Pages:
Page 1 of 3
Directive Number:
1601
WILEAG Standards:
1.6.1, 1.6.2
Purpose
This order establishes the geographic boundaries of the City of New Berlin, outlines the authority of New Berlin police
officers both within and outside of the City, and outlines the policy of the department when operating with police
agencies that border the City of New Berlin.
Policy
The jurisdiction of New Berlin police officers is limited to the geographical boundaries of the City of New Berlin where
they have full police powers to conduct investigations and make arrests. New Berlin police officers’ jurisdiction may
extend beyond geographical boundaries of the City of New Berlin when certain circumstances are present. Those
circumstances are limited to incidents where either a Wisconsin state statute or case law extends police authority, such
as: fresh pursuit; mutual assistance requests; when acting under the expanded jurisdiction statute; when acting as a
special deputy of a county sheriff; special agent for the state, or deputized task force officer for the federal government;
when enforcing law on boundary highways; and when enforcing a violation of operating a motor vehicle while under the
influence of an intoxicant or other drug that took place in our jurisdiction.
Definitions
1.
Fresh Pursuit – A New Berlin police officer may pursue a person into another jurisdiction when the officer has
probable cause to believe the suspect has violated any law or ordinance that the officer is authorized to enforce
in the City of New Berlin. (WI Statute 175.40(2)) (NOTE: if the fresh pursuit continues into another state, an
officer can only continue pursuing the suspect if the person is wanted for having committed a felony.) Factors
that the courts will consider to determine fresh pursuit are:
A.
B.
C.
2.
The officer must act without unnecessary delay;
The pursuit must be continuous and uninterrupted, but there need not be continuous surveillance of the
suspect;
The relationship in time between the commission of the offense, commencement of the pursuit, and
apprehension of the suspect is important. The greater the length of time, the less likely it is that the
circumstances under which the police act are sufficiently exigent to justify an arrest outside the City of
New Berlin.
Mutual Aid Assistance – When requested by another Wisconsin law enforcement agency as defined in WI
Statute 165.83(1)(b), New Berlin police officers are authorized to assist the requesting law enforcement agency
within that agency’s geographical jurisdiction. New Berlin police officers shall have full police powers within the
jurisdiction of the requesting agency. (WI Statute 66.0313)
New Berlin Police
Department
Directives Manual
Issue Date:
12/29/14
3.
Agency Jurisdiction
Total Pages:
Page 2 of 3
Directive Number:
1601
WILEAG Standards:
1.6.1, 1.6.2
Expanded Jurisdiction Statute – New Berlin police officers are privileged under WI Statute 175.40(6) to arrest or
provide aid or assistance anywhere in the state if all the following criteria are met:
A.
B.
C.
4.
Next Review Date:
12/31/15
Directive Title:
The officer is on duty and on official business;
The officer is taking an action that he/she would be authorized to take under the same circumstances
within the City of New Berlin;
The officer is acting to respond to any of the following:
1)
An emergency situation that poses a significant threat to life or bodily harm;
2)
Or acts that the officer believes on reasonable grounds constitute a felony.
Special Deputized Status – A New Berlin police officer who has been deputized by the sheriff of Waukesha
County or another county under WI Statute 59.21 shall have police powers within the appropriate county in
accordance with any restrictions or limitations imposed by deputation. A New Berlin police officer who has been
deputized as a D.E.A. Task Force Officer under public law 99-570, Section 1869 is authorized to exercise the
powers of enforcement personnel set forth in Section 878, Title 21, United States Code. A New Berlin police
officer who is assigned to the Division of Narcotics Enforcement for the State of Wisconsin as a special agent
through a mutual aid agreement under WI Statute 66.0313 shall have law enforcement powers throughout the
state in accordance with any restrictions or limitations imposed by the agreement.
Fresh Pursuit Arrests
Whenever an officer apprehends a suspect in another jurisdiction following a fresh pursuit, the appropriate jurisdiction
may be notified of the arrest when practical. If no crime occurred in that particular jurisdiction, the suspect(s) may be
returned to the City of New Berlin for booking and disposition or release at the scene. If at any time during or upon
conclusion of a fresh pursuit an officer becomes aware of additional factors which are sufficient to give rise to an
articulable suspicion that the person has committed or is committing an additional offense(s) that is separate and
distinct from the act(s) that prompted the officer’ intervention in the first place, the stop may be extended and a new
investigation begun. If it is determined that New Berlin officers do not have jurisdiction for a violation or crime that
occurred, the appropriate law enforcement agency should be notified as soon as practical for determination of
enforcement action by their officers. Consideration should be given to the seriousness of the offenses in each
jurisdiction and if necessary, a supervisor should be consulted to ascertain if the suspect should be processed in the
other jurisdiction first.
Mutual Assistance Arrests
If another Wisconsin law enforcement agency requests the assistance of a New Berlin police officer, the officer shall
have full police powers in the requesting jurisdiction’s geographical area and shall be authorized to make arrests within
that jurisdiction. Whenever a New Berlin police officer makes an arrest in another jurisdiction subsequent to a request
for mutual assistance, the officer shall turn the arrested person over to the appropriate agency for booking purposes if
New Berlin Police
Department
Directives Manual
Issue Date:
12/29/14
Next Review Date:
12/31/15
Directive Title:
Agency Jurisdiction
Total Pages:
Page 3 of 3
Directive Number:
1601
WILEAG Standards:
1.6.1, 1.6.2
possible. If the agency requesting mutual assistance is unavailable to take custody of the arrested person for booking,
then New Berlin officers shall bring the arrested person back to the New Berlin Police Department for booking. The
officer shall document all pertinent facts regarding the arrest under a New Berlin Police Department case report number
as an “Assist Other Agency” and provide the other agency with a copy of that report.
Expanded Jurisdiction Arrests
Whenever an on duty New Berlin police officer makes an arrest in another jurisdiction under the authority granted
under WI Statute 175.40(6), the arresting officer shall immediately notify the jurisdiction in which the criminal offense
occurred. The jurisdiction in which the crime occurred shall be responsible for the arrest processing, care, custody and
prosecution of the arrested person.
Special Deputy/Agent Status
Any New Berlin officer who has been sworn in as a special deputy or special agent for Waukesha County, the State of
Wisconsin, or an agency of the U.S. Federal Government shall have the authority to conduct criminal investigations and
make arrests within the respective jurisdictions subject to any limitations placed upon the officer by the respective
government agency. New Berlin police officers assigned to the Waukesha County Metro Drug Enforcement Unit, the
Wisconsin Department of Narcotics Enforcement, or the U.S. Drug Enforcement Administration shall be sworn in as
special deputies or special agents and shall maintain that status for so long as the assignment with the agency lasts.
Upon returning to regular duty with the New Berlin Police Department, such special deputy/agent status shall cease.
Arrests on Boundary Highways
A law enforcement officer in this state is privileged to enforce any law or ordinance that he/she is authorized to enforce
by arrest or issuance of a citation on the entire width of a highway that forms the boundary between the officer’s
jurisdiction and an adjacent jurisdiction. Additionally, the officer has full arrest authority on the entire intersection of a
boundary highway and a highway located in an adjacent jurisdiction (WI Statute 175.40(4)).
New Berlin Police
Department
Directives Manual
Issue Date:
12/29/14
Next Review Date:
12/31/15
Directive Title:
Suburban Mutual Assistance Response
Teams
Total Pages:
Page 1 of 2
Directive Number:
1602
WILEAG Standards:
1.6.2
Purpose
This directive establishes the New Berlin Police Department’s participation in the Suburban Mutual Assistance Response
Teams (SMART) procedures for Southeast Wisconsin.
Policy
The New Berlin Police Department will actively participate in SMART. The department will participate in both Monthly
TTY testing and Physical Response Testing. The department’s Monthly TTY testing will be accomplished through the
Waukesha County Communications Center (WCC). The department will only request a SMART response when the
department has exhausted its resources in handling a law enforcement emergency.
Purpose of SMART
The Suburban Mutual Assistance Response Teams is a law enforcement mutual aide system operating in Southeastern
Wisconsin (Jefferson, Milwaukee, Racine, Walworth and Waukesha Counties.)
The purpose of SMART is:
1. To provide immediate extra law enforcement officers and equipment at the scene of law enforcement
emergencies.
2. To provide for automatic and systematic response of law enforcement officers.
3. To provide for contractual responsibilities and liabilities.
4. To provide broad area coverage.
5. To foster a cooperative spirit for law enforcement emergency planning.
6. As a general rule, mutual aide personnel will supplement the requesting agency’s forces, and as such, should not
be assigned to hazardous duties when adequate personnel from the requesting agency exist.
Requesting a SMART Response
Only a supervisor will request a SMART response. If, in the opinion of the on duty supervisor, a SMART response is
needed, the supervisor will follow the current SMART procedures for requesting assistance.
The primary dispatch center to be contacted is West Allis at (414) 302-8000. The secondary dispatch center is
Menomonee Falls (262) 532-1700.
Responding to a SMART Response
When a supervisor is advised of a request for assistance through SMART, the supervisor will make every effort to
accommodate the request. The supervisor will send a fully equipped officer and squad to the requesting agency. If, in
New Berlin Police
Department
Directives Manual
Issue Date:
12/29/14
Next Review Date:
12/31/15
Directive Title:
Suburban Mutual Assistance Response
Teams
Total Pages:
Page 2 of 2
Directive Number:
1602
WILEAG Standards:
1.6.2
the opinion of the on duty supervisor, manpower resources are too low to allow participation in a request for assistance,
the on duty supervisor will have WCC advice the requesting agency that we are unable to respond.
SMART Binders
Binders containing all of the appropriate SMART procedures, as well as maps of the New Berlin schools will be placed in
all supervisor squads. A binder will also be available in the NIMS library, as well as on the department computer
network.
Directive Title:
New Berlin Police
Department
Directives Manual
Next Review Date:
12/31/15
Issue Date:
12/30/14
Legal Authority
Total Pages:
Page 1 of 3
Directive Number:
1701
WILEAG Standards:
1.7.1, 1.7.2
Purpose
This directive outlines the legal authority New Berlin officers possess while on duty in the geographical boundaries of the
City of New Berlin and when off duty outside of the boundaries of the City of New Berlin.
Policy
It is the policy of this department that all officers exercise only the authority granted to them by Wisconsin Statutes.
Officers will ensure that their actions are in conformance with the United States Constitution, the Wisconsin
Constitution, Wisconsin State Statutes, and City of New Berlin Ordinances.
Authority to arrest
The basic authority of a police officer to make arrests comes from Wisconsin Statute 62.09(13), which states that officers
shall arrest, either with or without a warrant, and take before the proper court any person found to be disturbing the
peace or violating city ordinance or state law. An officer’s arrest authority is further defined by Wisconsin Statute
968.07, which states:
1. A law enforcement officer may arrest a person when:
a.
b.
c.
d.
The law enforcement officer has a warrant commanding such person be arrested;
The law enforcement officer has reasonable grounds to believe that a warrant has been issued for the
person in this state;
The law enforcement officer has reasonable grounds to believe that a felony warrant has been issued
for the person in another state;
The law enforcement officer has reasonable grounds to believe that the person is committing, has
committed, or is about to commit a crime.
Wisconsin State Statute 175.40 also defines an officer’s arrest authority by stating:
A. Any peace officer may, when in fresh pursuit, follow anywhere in the state and arrest any person for the
violation of any law or ordinance the officer is authorized to enforce.
B. A peace officer whose boundary is a highway, may enforce any law or ordinance that he or she is otherwise
authorized to enforce by arrest or issuance of a citation on the entire width of such a highway, and on the
entire intersection of such a highway.
A peace officer outside of his or her territorial jurisdiction may arrest a person or provide aid or assistance anywhere in
the state if all of the following criteria are met:
1. The officer is on duty and on official business;
2. The officer is taking action that he or she would be authorized to take under the same circumstances in his
or her territorial jurisdiction.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
12/30/14
Next Review Date:
12/31/15
Legal Authority
Total Pages:
Page 2 of 3
Directive Number:
1701
WILEAG Standards:
1.7.1, 1.7.2
3. The officer is acting to respond to any of the following:
a) An emergency situation that poses a significant threat to life or of bodily harm.
b) Acts that the officer believes, on reasonable grounds, constitutes a felony.
If an on duty New Berlin officer makes an arrest in another jurisdiction under SS175.40(6)(a), the dispatcher will notify
the jurisdiction that the officer is taking action, the nature of the incident, and will request that the agency assist. When
officers from the agency in which the arrest occurred arrive, the New Berlin officer will turn the arrested person over to
those officers and will cooperate with that agency in its investigation of the arrest.
Off duty New Berlin officers who witness criminal action while they are in the City of New Berlin may take action to
make an arrest or provide aide or assistance. The off duty officer will then be considered an on duty officer, and will
assist other on duty officers with the arrest.
Off duty New Berlin officers may arrest a person or provide aide or assistance outside their jurisdiction, but still within
the State of Wisconsin, per Wisconsin State Statute 175.40. Off duty officers must realize that they do not have all of the
equipment available to on duty officers, and this may limit their effectiveness. Off duty officers who witness criminal
activity while they are outside of the city have several options available to them:
•
•
•
They may take no action and be the best witness possible;
They may take limited action to safe-guard life, without attempting to take an offender into custody;
They may take action to take an offender into custody.
The off duty officer will need to evaluate the seriousness of the offense, the type of equipment that is available, and the
possibility of successful intervention before deciding to take action. The off duty officer will make all reasonable
attempts to contact the agency whose jurisdiction he/she is taking action in. The off duty officer will then assist the on
duty officers of that agency with the investigation.
Constitutional Requirements
The 5th and 6th Amendments to the United States Constitution provide protections to all citizens during police
interrogations. Officers will ensure that all interrogations are conducted within the parameters established by the
United States Constitution, and the case-law established by Miranda v. Arizona.
Officers will afford persons arrested for a crime all of their Constitutional rights. Before asking any incriminating
questions of a criminal arrestee that is in custody, officers will first advise the criminal arrestee of his/her Constitutional
rights. Officer may advise criminal arrestee’s of their Constitutional rights from a Wisconsin Department of Justice
Constitutional Rights card.
A waiver of the Constitutional rights must be obtained before any questioning of a criminal arrestee can begin. The
waiver must be unambiguous. If a criminal arrestee has not waived his/her Constitutional rights, no questioning shall be
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
12/30/14
Next Review Date:
12/31/15
Legal Authority
Total Pages:
Page 3 of 3
Directive Number:
1701
WILEAG Standards:
1.7.1, 1.7.2
conducted beyond that necessary to accomplish the booking procedure. Officers will not engage in any coercive conduct
or attempt to circumvent a suspect’s rights.
If a criminal arrestee, while in custody, requests the ability to contact an attorney, officers will make every effort to
accommodate that request. No questions will be asked of the criminal arrestee until such time as the criminal arrestee’s
attorney is present, the criminal arrestee re-initiates conversation with officers and has been re-advised of his/her
Constitutional rights or there has been a 14 day break in custody.
In an effort to prevent any pretrial publicity that may prejudice a criminal suspect’s trial, the department will not release
any information about an arrest or investigation without first consulting with the District Attorney’s office.
Carrying a Concealed Weapon and Open Carry of a Weapon
The department respects citizen’s rights to openly carry a weapon and to carry a weapon with a valid license. Officers
will deal with CCW licenses and open carry issues in accordance with department procedures.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
12/30/14
Next Review Date:
12/31/15
Search and Seizure
Total Pages:
Page 1 of 5
Directive Number:
1702
WILEAG Standards:
1.7.3
Purpose
Both the United States and the Wisconsin Constitutions provide every individual with the right to be free from
unreasonable searches and seizures. This policy provides general guidelines for New Berlin Police Department personnel
to consider when dealing with search and seizure issues.
Policy
It is the policy of the New Berlin 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.
Searches with a warrant
Searches of people, places, vehicles, and other items can be made either with or without a warrant. The preferable way
to make a search is with a warrant.
Policy: It is the policy of the department that any officer that wishes to conduct a search of a premise thought to
conceal ongoing criminal activity, or evidence of a crime must, whenever possible, obtain a search warrant prior to
conducting the search. The purpose of this policy is twofold:
A. To insure the admissibility of any evidence obtained as a result of the search.
B. To protect the constitutional rights of the individual citizen.
Definitions
A. Abandoned property: Property of which a person has given up possession by leaving it in a place where it might
be examined or picked up by a passerby.
B. Contraband: Any item that is prohibited by Wisconsin law or city ordinance.
C. Controlled Substance: Drugs, substances, or their immediate precursor listed in schedules I to V of subchapter II
SS 961.00 and 961.01.
D. Frisk: A limited search of a person conducted by an officer to discover concealed weapons or instruments readily
capable of causing physical harm or injury.
E. Probable Cause: The quantum of evidence that would lead a reasonable officer to believe that a crime is being
committed, has been committed or will be committed.
F. Reasonable Suspicion: A combination of specific articulable facts from which a law enforcement officer, in light
of his/her experience, may draw a reasonable inference that justifies his/her belief. A reasonable suspicion is
more than a vague hunch, but is less than probable cause.
G. Search: The examination of a person, place, motor vehicle, or any other thing with a view towards discovery of
evidence, contraband, weapons, articles of crime, or fruits of crime.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
12/30/14
Next Review Date:
12/31/15
Search and Seizure
Total Pages:
Page 2 of 5
Directive Number:
1702
WILEAG Standards:
1.7.3
H. Search warrant: An order signed by a judge directing a law enforcement officer to conduct a search of a
designated person, object, or place for the purpose of seizing designated property or kinds of property.
I.
Stop: The temporary detention of a person for investigation. A stop occurs whenever an officer compels a
person to halt or to remain in a certain place. A valid stop must meet the following criteria:
1.
2.
3.
4.
The officer must be identified as a law enforcement officer.
The stop must originate in a public place.
The stop must be for a reasonable length of time.
Any questioning must occur in the vicinity of where the person was stopped.
Obtaining a Search Warrant: An officer desiring that a search warrant be issued must have probable cause to believe
that specific items of contraband, instruments of a crime, or the evidence of a crime are concealed at a specific location.
The officer requesting the warrant will complete the Search Warrant Worksheet. This worksheet will be given to the
District Attorney and will be used to determine if the information possessed is legally sufficient to constitute probable
cause. If a warrant is issued, the officer will read the warrant to insure:
1.
2.
3.
4.
The warrant specifically describes the place to be searched;
The warrant specifically describes the type of property being searched for;
The warrant is signed by the issuing judge.
The information contained in the affidavit is correct.
Executing the Search Warrant: Officers will serve search warrants only within the City of New Berlin. Officers may serve
search warrants outside of the City of New Berlin if mutual aide has first been requested from the agency in whose
jurisdiction the warrant is to be served.
A valid search warrant must be served within five (5) days of the issuance of the warrant. When serving a search
warrant, officers must keep the following in mind:
1. All necessary force may be used in the execution of the warrant, and in making entry to a building or property
named in the warrant. The search warrant, in and of itself, does not justify the use of force.
2. Officers executing the warrant may reasonably detain and search persons on the premises to protect themselves
from attack, and to prevent the disposal or concealment of any item particularly described in the search
warrant.
3. The officer who obtained the search warrant shall serve the duplicate original copy on the person in control of
the premises that is searched. If the person in control of the premises is not available, the duplicate original shall
be served on the premises and a copy left at the premise. Officers serving a search warrant should separate the
affidavit from the duplicate original, and the affidavit need not be served.
4. Any property that is seized will be kept by the officer who requested the warrant, or the property may be turned
over to the department property custodian.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
12/30/14
Next Review Date:
12/31/15
Search and Seizure
Total Pages:
Page 3 of 5
Directive Number:
1702
WILEAG Standards:
1.7.3
Return of the Search Warrant: The search warrant, and a written inventory of all items seized shall be returned to the
Clerk of Courts designated in the warrant not more than 48 hours after the execution of the warrant, exclusive of
weekends and legal holidays.
The officer that obtained the search warrant shall file a written affidavit in support of the issuance of the warrant with
the Clerk of the designated Court within five (5) days after the date of the execution of the warrant.
Property seized shall be safely kept by the property custodian as long as necessary for the purpose of being produced as
evidence at any trial.
All property, other than contraband, not required for evidence, or use in further investigation, shall be returned to the
person from whom it was originally seized.
Warrant for Records: Records evidence consists of, but is not limited to, books, papers, documents, recordings, tapes,
photographs, films, or computer or electronic data.
An officer may request a warrant for records after a showing of probable cause to the district attorney. The officer
requesting a warrant for records will ensure that:
1. The warrant is signed by a judge.
2. The warrant specifically describes the type of record the officer is requesting.
a. The warrant short form can be used for subscriber information pertaining to an account, phone
number, etc.
b. The warrant long form can be used for cell phone detail records, social media, or anything of
electronic content.
3. The warrant is addressed to the holder of the records the officer is requesting.
Once the warrant has been issued, the officer may serve the warrant in person on the holder of the records or his/her
designee, via fax, or by certified mail.
The warrant shall be returned to the Clerk of Courts, Civil Division, by the Court Officer.
Searches without a Search Warrant
Policy: This policy covers various aspects of warrantless searches and lists several examples of common warrantless
searches that officers will encounter.
Types of searches without a search warrant:
1. Plain view: An officer who is lawfully in a place from which he/she can view items that he/she reasonably
believes are contraband, or evidence of crimes, may seize the item(s) without a warrant, if the officer has
constitutional access to the item.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
12/30/14
Next Review Date:
12/31/15
Search and Seizure
Total Pages:
Page 4 of 5
Directive Number:
1702
WILEAG Standards:
1.7.3
2. Abandoned Property: A person who voluntarily abandons property forfeits any reasonable expectation of
privacy he/she may have had in the property. Therefore, an officer who is in a place he/she has a lawful right to
be may seize and search the contents of the abandoned property without a search warrant.
3. Search during temporary questioning (Stop and Frisk): An officer may stop a person or vehicle in a public place,
for a reasonable length of time, if the officer has reasonable suspicion to believe that the person has committed,
is committing, or will commit a crime. An officer may then demand the name and address of the person, and an
explanation of their conduct. A person’s refusal to answer questions is no basis for an arrest. When an officer
has a person or vehicle stopped, and he/she reasonably fears for his/her safety, or the safety of others, the
officer may frisk the outer layer of clothing that the person is wearing for any weapons or other items that may
cause the officer injury. The officer may also frisk the passenger compartment of a vehicle. If a weapon or other
instrument that the officer believes could cause him/her harm is found, the officer may keep the item until
he/she is through questioning the person. At that point, the officer will have to either make an arrest or return
the item to the person.
4. Search Incident to Arrest: Officers may search a person, and the area immediately surrounding the person, as an
incident of a lawful custodial arrest. The purpose of this search is to prevent the seizure of a weapon by the
person arrested or the destruction of evidence. The requirements for a valid search incident to arrest are:
1.
2.
3.
4.
The arrest must be a lawful, custodial arrest;
The search must be contemporaneous with the arrest;
The search must be done at the location of the arrest;
The search must occur while the arrestee is still at the scene.
Search of a vehicle incident to arrest: An officer may search a vehicle incident to an arrest when one of the
following is present:
1. The arrestee is unsecured and within reaching distance of the passenger compartment at the
time that the search is made.
2. The officer has reason to believe that evidence of the offense that the person is arrested for will
be found in the vehicle.
5. Search of a residence incident to arrest: An officer may search the immediate area under a person’s control
incident to an arrest in a residence. This is commonly called the “lunge area” and includes the area that the
arrested person could reasonably gain access to. If the officer reasonably believes that there are other people in
the residence that could attack the officer, he/she may conduct a “protective sweep” to ensure that there is no
one in a position to threaten the officer.
6. Consent Search: An officer may request consent to search a person, place, or object from the person that has
control over the item the officer wishes to search. The person giving consent must do so voluntarily, freely, and
knowingly. The officer is not obligated to tell a person that they do not have to give consent, nor is the officer
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
12/30/14
Next Review Date:
12/31/15
Search and Seizure
Total Pages:
Page 5 of 5
Directive Number:
1702
WILEAG Standards:
1.7.3
obligated to tell the person that they may withdraw consent at any time. However, if asked, the officer should
advice the person of their right to refuse consent. If consent is withdrawn, the officer must stop the search,
unless probable cause has been developed to continue the search without a warrant.
7. Search based on probable cause: An officer may search a vehicle without a warrant if the officer has probable
cause to believe that items of contraband or evidence of a crime are concealed in the vehicle. A search based on
probable cause would extend to all areas of the vehicle to include a locked glove box, the trunk, and any
containers in the vehicle that could reasonably contain the item that the officer is searching for. When
conducting a probable cause search of a vehicle, the officer does not need to show exigent circumstances, nor
obtain a search warrant.
8. Inventory Searches: Abandoned, impounded, and seized vehicles that are lawfully taken into police custody may
be inspected without a warrant. The entire interior portion of the vehicle and any closed or locked containers
will be opened, and their contents listed on the inventory. The closed or locked trunk of the vehicle will also be
opened, and any contents listed on the inventory. An inventory search need not be conducted at the police
department, it may be conducted at the location that the vehicle is impounded or seized. The purpose of the
inventory search is three fold:
1. To protect the property of the owner;
2. To safeguard the officer from danger;
3. To protect against claims of theft or damage.
9. Community Caretaker Function: An officer may enter a vehicle if he/she is motivated by a need to offer
assistance or render aide. Any item(s) of contraband or evidence of crime that are then in plain view are
seizable, as the officer is in a lawful place to view and seize the item(s). The community caretaker function need
not be based on probable cause. The community caretaker function must be motivated by:
1. Safety;
2. The need to protect the officer from false claims of improper conduct;
3. Any similar legitimate reasons.
10. Custodial Inventory Search: Officers will search a prisoner that is brought back to the police department for
processing. Once the prisoner is brought into the booking room, officers will again search the prisoner, and
remove all the items from the prisoner’s pockets. The purpose of this search is to ensure that the prisoner does
not have any weapons that would pose a danger to the officers, and to inventory the prisoner’s property to
ensure against any claims of lost or stolen property.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
12/30/14
Next Review Date:
12/31/15
Arrests
Total Pages:
Page 1 of 4
Directive Number:
1703
WILEAG Standards:
1.7.4, 1.7.5
Purpose
This directive outlines guidelines to assist officers when making arrests both with and without a warrant, steps to ensure
that the rights of an arrestee are guaranteed and the necessary reports that must be completed after an arrest. This
directive also provides guidance to officers on the alternatives that are available to arrest.
Policy
It is the policy of this department that all arrests made by departmental personnel shall be conducted professionally and
in accordance with established legal principles. In furtherance of this policy, all officers of this department are expected
to be aware of, understand, and follow the laws governing arrest.
Definitions
1. Arrest: Taking a person into custody.
2. Arrest warrant: A written order issued by a judge that commands a law enforcement officer to place a person
under arrest.
3. Probable Cause for arrest: That quantum of evidence that would lead a reasonable officer to believe that a
person is committing, has committed, or will commit a crime.
4. Temporary Questioning without arrest: After having identified himself or herself as a law enforcement officer, a
law enforcement officer may stop a person in a public place for a reasonable period of time when the officer
reasonably suspects that such person is committing, is about to commit or has committed a crime, and may
demand the name and address of the person and an explanation of the person's conduct. Such detention and
temporary questioning shall be conducted in the vicinity where the person was stopped.
5. Reasonable suspicion: A particularized and objective basis, supported by specific and articulable facts, for
suspecting a person of criminal activity; the degree of suspicion of criminal activity that justifies temporary
questioning without an arrest.
6. Citizen contact: An encounter between a police officer and a citizen that may be initiated by the officer for any
reason and during which the citizen is free to leave at any time.
7. Exigent Circumstances: Whenever an officer has either probable cause to arrest or search, and one of the
following circumstances are present, the officer may enter a home without a warrant
a. Destruction of Evidence
b. A threat to the safety of the suspect or some other person
c. A likelihood that the suspect may flee
d. Hot pursuit.
Arrests Generally
In order for an arrest to occur, an officer must have the intent to take a person into custody and an understanding by
the person arrested that s/he is in custody. Officers will only make arrests when they have first established probable
cause, or with the knowledge that an arrest warrant exists. When making an arrest, an officer should:
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
12/30/14
Next Review Date:
12/31/15
Arrests
Total Pages:
Page 2 of 4
Directive Number:
1703
WILEAG Standards:
1.7.4, 1.7.5
1. Identify him/herself as a police officer. (If it is apparent by the wearing of a uniform or other means that the
person making the arrest is a police officer, no further identification is necessary.)
2. Inform the subject that s/he is under arrest.
3. Restrict the arrested subject’s movements as required, using only force necessary to overcome any resistance by
the person being arrested.
Arrests with a warrant:
An officer’s authority to arrest a person based on a warrant is defined by Wisconsin Statute 968.07, which states:
1. A law enforcement officer may arrest a person when:
a. The law enforcement officer has a warrant commanding such person be arrested;
b. The law enforcement officer has reasonable grounds to believe that a warrant has been issued for the
person in this state;
c. The law enforcement officer has reasonable grounds to believe that a felony warrant has been issued for
the person in another state;
d. The law enforcement officer has reasonable grounds to believe that the person is committing, has
committed, or is about to commit a crime.
Arrests without a warrant:
An officer may arrest a person without a warrant if the officer has probable cause to believe that the person is
committing, has committed, or will commit a crime.
Additionally, Wisconsin Statute 345.22 gives officers the authority to arrest a person without a warrant if the officer has
reasonable grounds (same as probable cause) to believe that a person is violating or has violated a traffic regulation.
Wisconsin Statute 800.02(6) gives officers the authority to arrest a person without a warrant if the officer has
reasonable grounds (same as probable cause) to believe that a person is violating or has violated a municipal ordinance.
Entering a home to affect an arrest
Officer must have consent to enter a home to affect the arrest of any person. If officers are not able to gain consent
from a person with the proper authority to grant consent to enter the home, they may still be able to enter without
consent. Officers must first establish that there is indeed probable cause to arrest a person and an exigent circumstance
exists allowing the officer to enter the home without a warrant or consent.
Officers should make every effort to consult with a supervisor before making a warrantless entry to a home based on
exigent circumstances. The department realizes and understands this will not always be possible. If forcible entry is
made to a home to affect an arrest, officers will
1. Contact a supervisor to advise him/her of the forcible entry.
2. Locate and control all persons on the property.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
12/30/14
Next Review Date:
12/31/15
Arrests
Total Pages:
Page 3 of 4
Directive Number:
1703
WILEAG Standards:
1.7.4, 1.7.5
3. Photograph any damage occurring as a result of the forced entry
4. Document in a report why forced entry was needed and describe any damage
Restraint of arrestee
All arrested persons shall be handcuffed behind their back. The officer will check the handcuffs for proper fit and
tightness and will safety lock the handcuffs. In instances where a medical or physical problem precludes an officer from
handcuffing a person behind his/her back, officers may handcuff the person in front, securing the handcuffs to a Ripp
Restraint transport belt. Officers should obtain permission from a supervisor before using this option.
Search Incident to arrest
All arrestee’s will be searched incident to their arrest. If the arrest is associated with a vehicle, the officer may only
search the vehicle incident to arrest if the arrestee is unsecured and within reaching distance of the passenger
compartment of the vehicle at the time of the search or the officer has reason to believe that the vehicle contains
evidence of the offense of arrest. If the arrest occurs in a home, the officer may search the “lunge area” accessible to the
arrestee incident to the arrest.
Transportation of arrestees
All arrestees shall be searched before being transported. If the arrestee was just searched incident to his/her arrest, this
will suffice as a search before transport. If custody of an arrestee is transferred to another officer, that officer will search
the arrestee before accepting custody.
Before an arrestee is transported, the area of the transporting vehicle will be searched for anything that may have been
left behind by previous arrestees.
All arrestees that are transported in police vehicle will be safely restrained with seatbelts.
Safeguarding Rights
Officers will make every effort to safeguard the Constitutional Rights of arrestees.
Arrest Reports
Officers will complete an arrest report any time a person is arrested. The report will include completing all of the
relevant information in the department’s record management software arrest module and a supplementary narrative
that describes the circumstances of the arrest. The narrative should accurately document the probable cause that the
officer established prior to making the arrest. Arrest reports will be reviewed and approved by a supervisor.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
12/30/14
Next Review Date:
12/31/15
Arrests
Total Pages:
Page 4 of 4
Directive Number:
1703
WILEAG Standards:
1.7.4, 1.7.5
Booking
Booking shall consist of photographing and fingerprinting of arrestee. Photographs will consist of a full frontal picture of
the arrestee’s face, and a left and right profile. Fingerprinting will consist of gathering all of the finger and palm prints
required by the fingerprint software.
Unless circumstances exist which prohibit booking such as physical condition of the arrestee, all persons arrested for
felonies will be booked at the department. Officers wishing to forgo the booking process for a felony arrest must seek
supervisory approval prior to releasing or transporting the arrestee to jail.
Persons arrested for a misdemeanor, and the offense involves burglary tools, commercial gambling, dealing in gambling
devices, contributing to the delinquency of a child, dealing in stolen property, controlled substances or controlled
substance analogs under ch. 961, firearms, dangerous weapons, explosives, pandering, prostitution, sex offenses,
worthless checks, battery, resisting arrest, or destruction of evidence, will be brought to the department and booked.
The officer may then release the person if the following criteria are met:
1. The arrested person has provided proper identification.
2. The arrested person does not appear to be a danger to him/herself.
3. The arrested person has ties to the community.
4. The arrested person does not have a record of failing to appear in court or failing to respond to a citation.
5. Arrest or further detention is not necessary to carry out further investigative action.
6. There are no other statutory mandates regarding detention.
A final disposition report will be prepared for each charge that a person is arrested for. The final disposition report will
be handled in accordance with department procedures.
Alternative to arrest
Officers have a number of alternatives to arrest available to them:
1. Issuance of citations and summonses
2. Referrals
3. Informal resolution
4. Warning
Unless specifically prohibited by Wisconsin State Statute, officers may use their discretion in deciding whether to issue a
citation or make an arrest for any violation not referred to above. If an officer is unsure whether he/she should make an
arrest or issue a citation, the officer shall check with a supervisor before taking any action.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
12/31/14
Next Review Date:
12/31/15
Use of Discretion
Total Pages:
Page 1 of 1
Directive Number:
1704
WILEAG Standards:
1.7.6
Purpose
This directive outlines the guidelines officers should consider when utilizing discretion.
Policy
Police officers, of necessity, exercise professional discretion in deciding whether or not to arrest citizens for violations of
the law. Certain specific Wisconsin State Statutes, department policies, or orders of a supervisor may further limit an
officers’ discretion and direct whether or not to affect an arrest.
Factors to consider
In general, police officers, using sound professional judgment, may take the following factors into consideration when
deciding whether or not to arrest a person:
1. The seriousness and nature of the offense (generally, the more serious the offense, the more likely an arrest is
the preferred course of action);
2. The potential that an arrest will effectively aid in the resolution of a conflict;
3. The availability of legal alternatives to arrest that would adequately resolve the conflict or problem;
4. The likelihood that the person will be deterred from future violations by warning and education;
5. The officer’s belief that the person made an honest mistake in violation of the law;
6. The victim’s interest in prosecution;
7. The potential that arrest will create more serious breaches of the peace or other problems (e.g., inciting riot);
8. Legitimate competing priorities for police resources.
9. The officer’s belief that the arrest will protect members of the community and/or the citizen
Unacceptable factors
Police officers will not base the decision to arrest or use an acceptable alternative to arrest on any of the following
factors:
1. The person’s economic status, race, ethnicity, gender, or other status for which the law prohibits legal
discrimination;
2. The revenue likely to be generated by fines or penalties imposed upon conviction;
3. The personal or professional relationship that the person has with the police officer or with other influential
people;
4. The personal advantage to the officer for processing or avoiding processing of the arrest (e.g. overtime
compensation, desire to finish tour of duty, avoidance of paperwork, etc.).
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
12/31/14
Next Review Date:
12/31/15
Strip Searches
Total Pages:
Page 1 of 2
Directive Number:
1705
WILEAG Standards:
1.7.7
Purpose
This directive outlines the legally required guidelines officers shall use when considering whether or not to conduct a
strip search.
Policy
It is the policy of the department that all strip searches will be conducted in accordance with Wisconsin State Statute
968.255.
Definitions
1. Detained Person: A detained person is a person that has been arrested for a felony, misdemeanor under SS
167.30 (Use of a Firearm Near a Park), 940.19 (Battery), 941.20(1) (Endangering Safety by Use of a Dangerous
Weapon), 941.23 (CCW), 941.237 (CCW Where Alcohol Beverages are sold or consumed), 941.24 (Possession of
a Switchblade), 948.60 (Possession of a Dangerous Weapon by a person under 18), 948.605(2)(a) (Gun Free
School Zone), or 948.61 (Dangerous Weapon other than a firearm on School Grounds), or a child taken into
custody under 938.19 and there is reason to believe that if the act were committed by an adult, it would be
covered by the above listed statutes, or any person arrested for any misdemeanor, or other violation of state
law punishable by forfeiture, or local ordinance if the officer has probable cause to believe that the person is
concealing a weapon, contraband, or evidence of the offense that the person is detained for.
2. Strip search: A search in which a detained person’s genitals, pubic area, buttocks or anus, or a female’s breasts
are uncovered and either exposed to view or touched by the person conducting the search.
3. Physically disabled person: A person who requires an assistive device for mobility, including, but not limited to a
wheelchair, brace, or artificial limb.
4. Body Cavity Search: A search in which a detained person's vagina and/or anus are probed.
Requirements
No person may be the subject of a strip search unless:
1. He or she is a detained person, AND
2. The person conducting the search is of the same sex as the person detained, except in instances of body cavity
searches conducted by a physician, physician’s assistant, or registered nurse, AND
3. The detained person is not exposed to the view of any person not conducting the search, AND
4. The search is not reproduced through a visual, or sound recording, AND
5. The person conducting the search has obtained written permission of the Chief of Police, or the Shift
Commander on duty, unless there is probable cause to believe that the detained person is concealing a weapon.
Such written permission must be obtained prior to the actual search, and will be done on a Strip Search
Authorization and Report Form which, in addition to including permission to search, will also include the
following:
a. Report number;
b. Name, address, date of birth and sex of person to be searched;
c. Name, rank and sex of person conducting the search;
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
12/31/14
Next Review Date:
12/31/15
Strip Searches
Total Pages:
Page 2 of 2
Directive Number:
1705
WILEAG Standards:
1.7.7
d. Time, date and place of search;
e. Name, rank and signature of the person authorizing the search;
f. A photocopy of the Strip Search Authorization and Report Form containing the above information will be
given to the person detained and searched.
Restrictions
1. No person other than a physician, physician’s assistant, or registered nurse licensed to practice in this State may
conduct a body cavity search.
2. A search of a physically disabled person shall be conducted in a careful manner. If such a search requires the
removal of an assistive device or involves a person lacking sensation in some portion of his or her body, the
search shall be conducted with extreme care by a person who has had training in handling physically disabled
persons, i.e. a physician or other medical personnel.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
01/02/15
Next Review Date:
12/31/15
Bias-based Policing
Total Pages:
Page 1 of 1
Directive Number:
1706
WILEAG Standards:
1.7.8
Purpose
The purpose of this policy is to emphasize the New Berlin Police Department’s commitment to unbiased, equitable
treatment of all persons in enforcing the law and providing police services.
Policy
Maintenance of public trust and confidence in the police is critical to effective policing and is achieved largely through
fair and equitable treatment of the public. This is a basic requirement of law enforcement and the right of all persons in
our society. It is the policy of the New Berlin Police Department that all persons shall be treated in a nonpartisan, fair,
equitable, and objective manner, in accordance with both the United States and Wisconsin Constitutions. Officers will
not initiate any law enforcement action based on a person’s race, color, national origin, ancestry, religion, political
affiliation, disability, marital status, ethnicity, gender, sexual orientation, economic status, age, cultural group, or any
other identifiable characteristics.
Definitions
1. Bias based policing: Any law enforcement initiated action that relies upon common traits associated with
belonging to a certain group; such as race, color, national origin, ancestry, religion, political affiliation, disability,
marital status, ethnicity, gender, sexual orientation, economic status, age, cultural group, or any other
identifiable characteristics.
2. Equal Treatment: Persons, irrespective of race or other distinction, shall be treated in the same basic manner
under the same or similar circumstances. This does not mean that all persons in the same or similar
circumstances can or must be treated identically in all cases. Reasonable concessions and accommodations may
be, and sometimes should be made, when dealing with individuals with physical or mental disabilities, injury,
illness, infirmity, or similar conditions, or when information about them necessitates different treatment.
3. Police Services: These include but are not limited to such tasks as assistance at fire scenes, traffic accidents, and
medical emergencies, lifesaving services, crime prevention, preventive patrol, traffic control, public information,
education, assistance, and similar activities.
Fair and Equal Treatment
Bias-based policing is prohibited both in enforcement of the law and the delivery of police services.
Officers may not use race, color, national origin, ancestry, religion, political affiliation, disability, marital status, ethnicity,
gender, sexual orientation, economic status, age, cultural group or any other identifiable characteristic as the sole
criteria for determining when or how to take enforcement action or provide police services.
Officers may use common traits as outlined above in selecting whom they stop when a person matches the specific
description of an individual who is suspected of engaging in criminal behavior.
Unless exigent circumstances exist, officers shall not engage in a law enforcement matter when it involves a family
member, friend, or relative such that the officer's objectivity may be, or may appear to be, compromised.
New Berlin Police
Department
Directives Manual
Issue Date:
01/02/15
Next Review Date:
12/31/15
Directive Title:
Contractual Services
Total Pages:
Page 1 of 1
Directive Number:
1801
WILEAG Standards:
1.8.1
Purpose
This directive outlines the responsibility of the department when entering into any type of contract for services.
Policy
It is the policy of the department that any type of contract for services will be a written contract that is approved by the
Chief of Police.
Contracts
All contracts entered into, in the name of the New Berlin Police Department, will be reduced to writing. Before
approving any contract for services, the contract will be reviewed by the Deputy Chief of Police. Upon the approval of
the Deputy Chief of Police, the contract will be forwarded to the Chief of Police for final review and approval.
No contract for services will be in effect unless and until it has been reviewed and approved by the Chief of Police.
The Administrative Division Manager will maintain all records of contract that the department has entered into.
New Berlin Police
Department
Directives Manual
Issue Date:
01/02/15
Next Review Date:
12/31/15
Directive Title:
Investigation of Personnel Complaints
Total Pages:
Page 1 of 5
Directive Number:
1901
WILEAG Standards:
1.9.1, 1.9.2, 1.9.3,
1.9.4, 1.9.5, 1.9.6
Purpose
The purpose of this directive is to outline the department’s policies regarding complaints made against department
personnel. The New Berlin Police Department is committed to investigating complaints in an open and fair manner with
the truth as its primary objective. The department will accept complaints against its employees, policies or procedures
and will fairly and impartially investigate all complaints.
Policy
An essential element in maintaining public confidence in the department is the ability of the department to investigate
and dispose of complaints against its members fairly and impartially.
The department will courteously accept and fully investigate all citizen complaints against its members. The Department
will conduct all investigations arising from citizen complaints in a fair and open manner, consistent with the rights of the
public and department personnel, in an effort to determine the truth.
Definitions
1. Personnel Complaint: A complaint against a member of the department. Personnel complaints are categorized
as:
a. Procedural Complaints: A complaint based on actions, rather than the conduct, behavior, or demeanor
of an employee. Procedural complaints concern actions, which if properly performed, would conform to
the directives of the department; i.e. complaints over why a vehicle was towed, parking enforcement,
traffic enforcement, etc.
b. Minor Complaints: A complaint based primarily on the conduct of the officer identified in the complaint
and alleging a deliberate or neglectful, though minor, violation of a department directive, rule, or
regulation. Examples of minor misconduct include rudeness, verbal indiscretion, minor traffic
infractions, failure to follow procedures, failure to properly document police activity, attendance
problems, enforcement actions that are not bias related etc. Another determinant of a minor complaint
is that the alleged action, if sustained, would most likely result in disciplinary action ranging from verbal
counseling to a written warning.
c. Serious Complaints: A complaint based primarily on the conduct of the officer(s) identified in the
complaint and alleging a deliberate or neglectful violation of a department directive, procedure, rule or
regulation, or state statute. Examples of serious misconduct include, but are not limited to the
following:
i. Unbecoming Conduct
ii. Inappropriate or excessive use of force
iii. Breach of a civil right
iv. Exhibition of bias or harassment
v. Untruthfulness under oath, during an investigation, in a police report, or about official matters.
vi. Insubordination
vii. Abuse of position, authority, or access to confidential information
New Berlin Police
Department
Directives Manual
Issue Date:
01/02/15
Next Review Date:
12/31/15
Directive Title:
Investigation of Personnel Complaints
Total Pages:
Page 2 of 5
Directive Number:
1901
WILEAG Standards:
1.9.1, 1.9.2, 1.9.3,
1.9.4, 1.9.5, 1.9.6
viii. Repeated acts of unsatisfactory performance
ix. Commission of a felony or misdemeanor
x. Failure to report others who commit serious misconduct.
2. Internally Generated Complaint: A complaint of any of the above listed misconduct that is observed by another
member of the department. An internally generated complaint can be made by any member of the department
and will be made in writing on a [Department Personnel Complaint form] to a supervisor.
3. Preliminary Investigation: The first level of investigation that is conducted after a personnel complaint is
received. The preliminary investigation can be conducted by the supervisor that received the complaint, or if the
complaint appears to be of a minor nature and involves an employee of another division, by that employee’s
direct supervisor. The preliminary investigation includes, but is not limited to, a review of the complaint,
obtaining supporting documents or evidence, obtaining written statements, obtaining video recordings, etc.
Receipt of Personnel Complaint
Employee Responsibility: An employee that becomes aware of a citizen that wishes to file a complaint against a
member of the department will refer the citizen to a supervisor. The employee will not attempt to delve into the
complaint nor sway the citizen from filing a complaint.
Supervisor Responsibility: The supervisor receiving the complaint will conduct a preliminary investigation to determine
if a violation of department directives, rules, regulations, or state statutes has actually occurred. If the preliminary
investigation leads the supervisor to believe the complaint is a minor complaint that stems from a misunderstanding, the
supervisor may attempt to mediate and resolve the misunderstanding. If the citizen is satisfied with the explanation, no
further investigation is required. The supervisor that receives this minor complaint will complete [Name of form] and
forward it to the Chief of Police through the chain of command.
If the citizen is not satisfied with the supervisors attempt to mediate the complaint and is requesting further action, the
supervisor will ask that the citizen complete the Citizen Complaint Report form. The supervisor should request that the
citizen sign the form, however, refusal to sign the form will not constitute a basis for refusing to accept the complaint.
The supervisor accepting the Citizen Complaint Report form shall verbally inform the citizen making the complaint of the
warning listed in SS946.66(2); "Whoever knowingly makes a false complaint regarding the conduct of a law enforcement
officer is subject to a Class A forfeiture."
The supervisor accepting the complaint will complete the [Personnel Investigation Form] and submit it to the Chief of
Police through the chain of command.
Chief of Police Responsibility: The Chief of Police shall coordinate and exercise supervision over investigations of
personnel complaints alleging serious or criminal misconduct against employees. The Chief of Police shall also
coordinate and exercise supervision over internally generated complaints that allege serious or criminal misconduct
against employees.
The Chief of Police will also review all procedural and minor personnel complaints and internally generated complaints
against employees. The Chief’s review will ensure that the preliminary investigation was fairly, impartially, and properly
New Berlin Police
Department
Directives Manual
Issue Date:
01/02/15
Next Review Date:
12/31/15
Directive Title:
Investigation of Personnel Complaints
Total Pages:
Page 3 of 5
Directive Number:
1901
WILEAG Standards:
1.9.1, 1.9.2, 1.9.3,
1.9.4, 1.9.5, 1.9.6
conducted. The Chief of Police will be the approving authority for the disposition of all personnel or internally generated
complaints.
Receipt of Internally Generated Complaint
Whenever a department member reports alleged misconduct to a supervisor, the supervisor shall document the
complaint in writing on the [Personnel Investigation Form]. If the alleged misconduct is minor, the supervisor is
authorized to mediate and attempt to resolve the complaint. If the department member alleging the misconduct is
satisfied with this resolution, no further action is required. The supervisor will document the results of his/her
preliminary investigation on the [Personnel Investigation Form].
If the allegation of misconduct is serious, the supervisor may request the department member document the allegation
in writing. If that is the case, the complaining department member shall complete a [Department Personnel Complaint]
form and forward it to his/her supervisor.
Duty Status of Employee Under Investigation
If a supervisor receives either an internally generated, or personnel complaint against an employee, the supervisor must
determine the duty status of the employee. If the complaint received alleges either serious misconduct or a criminal
violation, a supervisor may relieve an employee from duty if necessary to protect the Department, the employee, or the
public. If a supervisor relieves an employee from duty, the employee will be placed on Administrative Leave for up to 24
hours (excluding weekends and holidays). The relieving supervisor will immediately notify the Chief of Police that he/she
has placed an employee on Administrative Leave and provide the Chief with the circumstances of the event. The
relieving supervisor will notify the employee that the Chief of Police will contact him/her in the near future to set up a
meeting. At that time, the Chief of Police will determine the continued duty status of the employee during the
investigation.
Investigation of Personnel and Internally Generated Complaints
Upon receipt of either a Citizen Complaint Report or an Internally Generated Complaint, the Chief of Police shall assign
the investigation of the complaint to the accused employee’s division commander. If the alleged misconduct is criminal
in nature, the Chief of Police will notify the District Attorney’s office and request the assistance of an outside agency to
investigate the complaint.
The division commander to whom an investigation is assigned will contact the complainant as soon as possible. The
division commander will provide the complainant with his/her contact information and will periodically keep the
complainant up to date on the status of the investigation.
When the division commander is prepared to interview the accused employee, the division commander will first notify
the employee of the nature of the allegation(s) the division commander is investigating. This notification will be
accomplished in a timely manner with the division commander completing the Employee Notification of Alleged
Misconduct form. Before asking the employee any questions, the division commander will ensure that the employee
New Berlin Police
Department
Directives Manual
Issue Date:
01/02/15
Next Review Date:
12/31/15
Directive Title:
Investigation of Personnel Complaints
Total Pages:
Page 4 of 5
Directive Number:
1901
WILEAG Standards:
1.9.1, 1.9.2, 1.9.3,
1.9.4, 1.9.5, 1.9.6
understands his/her rights as outlined on the Employee Notification of Alleged Misconduct form. The division
commander will ask the employee to sign the Employee Notification of Alleged Misconduct form, acknowledging receipt
and understanding of his/her rights.
Upon the completion of the investigation, the Division Commander will prepare a detailed report describing the
investigation. The Division Commander will include a determination of whether or not a department directive or
procedure was violated. The report will conclude with one of the following findings:
1. Unfounded – the allegation is false or not factual.
2. Exonerated – the allegation, as described in the complaint, occurred, but the employee’s conduct was lawful and
proper.
3. Not sustained – there is insufficient evidence to either prove or disprove the allegation.
4. Sustained – there is sufficient evidence to prove that a violation of department directives or procedures
occurred.
Disposition of Personnel or Internally Generated Complaints
Once a personnel or internally generated complaint has been fully investigated, the division commander shall forward
his/her investigation report to the Chief of Police. Upon receipt of the investigation report, the Chief of Police shall
review the findings and determine if the recommended conclusion is appropriate. The following action will then be
taken:
1. If the Chief of Police feels additional information is required, the Chief shall assign the investigation to be
continued to resolve any questions.
2. If the Chief of Police agrees with the finding of Unfounded, the Chief shall determine if the report will be
forwarded for prosecution under Wisconsin State Statute 946.66, False Complaints of Police Misconduct.
3. If the Chief of Police agrees with the findings of Exonerated or Not Sustained, a written response to the
complainant will be made stating that finding.
4. If the Chief of Police determines that the complaint is sustained, the Chief shall determine the appropriate
course of action based on the nature of the violation. A written response to the complainant will be made
stating that finding.
Maintenance of Records
The Chief of Police is the designated records custodian for all records pertaining to personnel or internally generated
complaints.
All records pertaining to personnel or internally generated complaints will be maintained in a separate location from
other department personnel files. The records of personnel or internally generated complaints will be stored in a locked
cabinet. Only the Chief of Police, Deputy Chief of Police, and Administration Division Manager will have keys to the
cabinet.
New Berlin Police
Department
Directives Manual
Issue Date:
01/02/15
Next Review Date:
12/31/15
Directive Title:
Investigation of Personnel Complaints
Total Pages:
Page 5 of 5
Directive Number:
1901
WILEAG Standards:
1.9.1, 1.9.2, 1.9.3,
1.9.4, 1.9.5, 1.9.6
Annual Review
On December 1 of each year, the Chief will designate a member of the Command Staff to conduct a review of all
personnel and internally generated complaints. The purpose of the review will be to determine if any patterns of
misconduct can be discerned with any employee. Any information gleaned from the annual review will be used to
provide early warning of any possible trends. The review will be used to provide assistance to any identified employee
and to attempt to stop the observed trend.
New Berlin Police
Department
Directives Manual
Issue Date:
01/13/15
Next Review Date:
12/31/15
Directive Title:
Collective Bargaining
Total Pages:
Page 1 of 1
Directive Number:
2101
WILEAG Standards:
2.1.1, 2.1.2
Purpose
The purpose of this directive is to establish department policy in regards to Collective Bargaining. This directive outlines
the department’s responsibility with respect to labor relations.
Policy
The collective bargaining process is a method of ensuring the participation and involvement of members of the
Department in matters relating to wages, hours, and working conditions. It is the intent of the Department to use this
process to promote and facilitate positive labor relations. The Department is committed to participating in a good faith
bargaining process. Additionally, the department is committed to diligently complying with, in both letter and spirit, all
lawful agreements entered into between recognized bargaining units and the City.
Recognized Bargaining Units
The department recognizes the New Berlin Professional Police Association, Inc. Local 219A (NBPPA) as the collective
bargaining unit for all sworn personnel below the rank of Captain.
The department will comply with all portions of the agreement between the City and the NBPPA.
Dissemination of Labor Agreement
Once ratified by the NBPPA and the City, the Administration Division Manager will maintain a copy of the current labor
agreement between the City and the NBPPA. The department will ensure that all directives are in compliance with the
agreement between the City and the NBPPA.
When changes are made to department directives, the Policy Advisory Committee will review the changes to ensure the
changes are in compliance with the collective bargaining agreement.
Changes in department directives will be disseminated to all department employees. Members of the NBPPA are
provided with copies of the collective bargaining agreement by their representatives.
New Berlin Police
Department
Directives Manual
Issue Date:
01/13/15
Next Review Date:
12/31/15
Directive Title:
Grievance Procedure
Total Pages:
Page 1 of 1
Directive Number:
2201
WILEAG Standards:
2.2.1, 2.2.2
Purpose
This directive sets out the agreed upon grievance procedures between the City and the New Berlin Professional Police
Association (NBPPA).
Policy
The department will abide by and follow the agreed upon grievance procedures as outlined in the labor agreement
between the City and the NBPPA.
Grievance Procedure
All members of the NBPPA should familiarize themselves with the agreed upon grievance procedures. The department
will follow the following procedures outlined in the collective bargaining agreement between the City and the NBPPA.
The exact grievance procedures can be found here.
When dealing with members of the department that are not covered by a collective bargaining agreement, the
department will follow the procedures established by the City for dealing with grievances. The City policy is available
here.
Grievance Coordination and Control
The Deputy Chief of Police shall coordinate grievance procedures between the City and the NBPPA. The Administration
Division Manager shall maintain records of all grievances filed by members of the NBPPA.
New Berlin Police
Department
Directives Manual
Issue Date:
01/15/15
Next Review Date:
12/31/15
Directive Title:
Compensation and Time Accountability
Total Pages:
Page 1 of 3
Directive Number:
2301
WILEAG Standards:
2.4.1
Purpose
This directive has several purposes; it provides complete compensation information for all personnel, it establishes
overtime and compensatory time policies, and it provides information on specialty pay.
Policy
The department provides compensation to all members in accordance with union contracts, city policy, municipal
ordinance and civil service rules.
Compensation
Officer, Detective, Sergeant: Compensation information, to include entry level salary information and salary information
for Detective and Sergeant are established through the labor agreement between the City and the New Berlin
Professional Police Association, Inc Local 219A. Specialty pay and compensation information is available here.
Non-represented, exempt, and non-exempt personnel: Compensation information for these personnel will comply with
City policies, ordinances, and civil service rules. Compensation information is available here.
Police Clerks will accumulate and account for their time according to department procedures.
Overview of Timekeeping System
The department utilizes the Kronos computerized timekeeping system which consists of a time clock, an individually
assigned time 'badge', a form known as a Time Exception Card, and a computer program that tracks time clock use and
data entered from Time Exception Cards. When reporting for duty, the employee uses the time badge and swipes in on
the time clock. Similarly, the employee uses the time badge to swipe out when completing a tour-of-duty. The time
clock records the times and this information is processed to provide tracking of an employee's duty time.
The Time Exception Card serves as a written record of the changes in an employee's scheduled work hours, as well as
changes to the regular work day which are otherwise not recorded in the time clock. The Time Exception Card is used to
qualify overtime as well as to identify time off due to a variety of work schedule changes, i.e., vacation etc. The Time
Exception Card is completed by the employee whenever necessary and forwarded to the employee's supervisor for
approval. Information from this card is then entered into the timekeeping system by the Kronos timekeeper to
complete the process.
Biweekly time reports are subsequently produced and provided to employees detailing their hours worked and accrued
and used time off. Various other reports are also produced which provide such things as paid overtime payout, etc.
Time Badge: Every employee will be issued a time badge, which will be kept in the time badge rack at all times. No
employee will use another's employee time badge for any purpose.
New Berlin Police
Department
Directives Manual
Issue Date:
01/15/15
Next Review Date:
12/31/15
Directive Title:
Compensation and Time Accountability
Total Pages:
Page 2 of 3
Directive Number:
2301
WILEAG Standards:
2.4.1
Time Clock Use: All non-exempt employees will use the time clock whenever possible to “clock” on and off duty utilizing
the employee's individual time badge, in accordance with the following:
A. When punching (swiping your badge) in for duty, do not punch in earlier than 45 minutes before the start time of
your shift unless you are called in to duty early.
B. When punching out from duty, do not punch out later than 10 minutes after the end of your shift unless you
intend to claim overtime.
C. If you intend to claim overtime, punch in/out as close as possible to the time you are claiming to have worked.
D. Punch in and out as often as necessary to indicate start and end times to interrupted shifts, call-backs to duty,
etc.
E. Every 'IN' punch made on the time clock must have a corresponding 'OUT' punch. In the event of a missed punch,
a Time Exception Card must be completed indicating the missed punch time as prescribed in this order.
Time Exception Card: Every employee will use the Time Exception Card to record and report any exceptions to their
regular duty time including the following:
A. Paid or compensatory overtime claims
B. Missed punches
C. Duty status changes including vacation off, compensatory overtime off, sick off, funeral off, special duty, holiday
off, excused off, military off, suspended, workman's comp.off, or any other type of time taken as off time when
the employee was otherwise scheduled to work
D. Switches (working for or having another working for you)
Time Exception cards are to be completed as soon as practical, preferably before going off duty. Overtime for which no
Exception Card has been received within 72 hours from the end of a pay period will be credited to compensatory
overtime. Unclaimed overtime of less than one hour will not be credited.
A single Time Exception Card may be used to record more than one day's duty status change provided the days being
reported are all within the same pay period.
Time Exception Card Completion: Time exception cards will be completely and properly filled out.
Supervisory Approval: All Time Exception Cards require the signature of a supervisor to indicate approval for Kronos
entry. Supervisors will approve properly completed Time Exception Cards when received and will forward approved
cards to the respective shift/division commander for review. Shift/Division commanders will forward approved cards to
the Kronos timekeeper.
Employee’s Responsibility for Timekeeping: Employees are encouraged to retain important payroll related documents
at home and to track on a daily basis their own accrual of overtime and use of off time between pay periods. Punch
Detail Reports should be used to regularly verify your own records. Discrepancies or questions concerning an employee’s
own time record may be resolved with the timekeeper. However, it is incumbent on the individual employee to be
New Berlin Police
Department
Directives Manual
Issue Date:
01/15/15
Next Review Date:
12/31/15
Directive Title:
Compensation and Time Accountability
Total Pages:
Page 3 of 3
Directive Number:
2301
WILEAG Standards:
2.4.1
certain that he/she has sufficient time accrued and/or time remaining to cover off time requests. Negative balances will
not be permitted in the following Kronos time accounts: comp off, holiday off, vacation off, and sick off.
Overtime
Overtime should only be authorized when no other alternatives are available. Overtime must be authorized by a
supervisor, preferably before the overtime is actually worked.
Types of Overtime: Members of the department may work several different types of overtime:
A. Court Overtime. Officers that are under subpoena to appear in court outside of their regularly assigned duty
hours are eligible for overtime according to the labor agreement between the City and the NBPPA. Officers
claiming court overtime will complete a Time Exception Card. Supervisory approval is not needed before
attending court. Court notices/cancellations will be disseminated according to department procedures. Officers
that receive subpoenas for civil matter relating to incidents being investigated by the department will follow
department procedures in responding to the subpoena.
B. Call-in overtime. Officers that are called in before their regularly assigned duty hours are eligible for overtime
according to the labor agreement between the City and the NBPPA. An officer called in for duty either before or
after his/her regular duty hours is presumed to have supervisory approval for the overtime.
C. Extension of duty overtime. Officers may, at times, be required to work beyond their normal duty hours while
handling an assignment. If possible, officers should consult with a supervisor if it appears that their assignment
will require them to work past the end of their normal duty hours. Supervisory approval is not required during
emergency situations; however, officers should make every effort to obtain supervisory approval before working
past the end of their normal duty hours.
D. Report writing overtime.
E. Training overtime. Officers may sign up for training that occurs outside of their normal duty hours. Training
overtime will be paid according to the labor agreement between the City and the NBPPA. Training overtime
should be authorized by a supervisor before the officer attends the training.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
01/14/15
Next Review Date:
12/31/15
Leave Policies
Total Pages:
Page 1 of 5
Directive Number:
2302
WILEAG Standards:
2.4.2
Purpose
The purpose of this general order is to establish procedures for the use of the various types of compensable off-duty
time as provided for by department policies, city policies, ordinances, union contracts, or civil service rules.
Administrative Leave
Employees that are under investigation for an alleged personnel or internally generated complaint may be placed on
Administrative Leave. While on Administrative Leave, the employee will continue to receive full pay and benefits and will
retain their seniority. Employees that are placed on Administrative Leave will remain at their residence, or provide a
contact number and location if they must leave their residence.
Sick Leave
One day of sick leave is granted for each month of service from the date of hire. Sick leave may be accumulated to the
maximum number of days as provided for by union contracts for union members, or city policies, ordinances, or civil
service rules as applicable to non-union personnel. Sick leave in excess of three consecutive days must be verified by a
doctor's statement before it will be credited to an absence. The doctor's statement will be forwarded directly to the
office of the Chief of Police on the first day of duty following the sick leave.
Sick leave is intended for illness, injury or related circumstance, which prevents the employee from carrying out his/her
assigned duty in an efficient manner.
Employees requesting sick leave will notify a supervisor on duty as much in advance of their scheduled duty shift as the
situation will permit. Notification will include the nature of the illness, injury or circumstance requiring the use of sick
leave.
Except in cases of hospitalization or severe incapacitation, employees will personally report the need for sick leave when
it is appropriate, for each day that they are regularly scheduled to work. Such employees will be considered back on duty
status the next regularly scheduled duty day unless additional sick leave is requested.
During their regular assigned duty hours, employees on sick leave will remain at their residence or the hospital to which
they have been admitted. Exceptions will be reported in advance to a supervisor on duty.
Compensatory Time Off
Employees may choose time off as compensation for hours worked before or after regularly scheduled duty when
provided for by union contract for union members, or city policy, ordinance, or civil service rules for non-union
employees. Compensatory time refers to compensation by means of time off instead of pay, i.e., work two hours
overtime and receive two hours of compensatory time to take off later with pay at the regular hourly rate.
Compensatory time may be awarded as straight time or time and one-half.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
01/14/15
Next Review Date:
12/31/15
Leave Policies
Total Pages:
Page 2 of 5
Directive Number:
2302
WILEAG Standards:
2.4.2
Requests for compensatory overtime off will not be submitted unless the requestor has sufficient compensatory time
accrued and/or time remaining at the time of the request to cover the time off requested.
Requests for compensatory overtime off will be submitted to the shift supervisor with the exception of Police Clerks who
will submit their requests to the Administrative Division Manager. Requests shall not be made more than one month in
advance of the date requested off (Month is defined as a date in one calendar month extending to the corresponding
date in the following month.)
Requests for compensatory time off shall not be made less than one (1) hour from the requestor’s regular reporting time
on the date requested off, unless a bona fide emergency exists.
Requests for compensatory overtime off will not be granted for overtime off in mid-shift with the intent to return to
duty during the shift, i.e. work 4 hours, overtime off 2 hours, work 2 hours.
The requestor will be notified whether the request is approved or denied. Overtime off requests will not be considered
“approved” until the duty roster has been appropriately marked and the requestor has been notified.
Overtime off requests will not be approved if it reduces the available force below minimum shift standards established
for that day, shift and division.
An approved overtime off request will not be canceled by the department within 48 hours of the start of the overtime
off except in cases of emergency. This cancellation policy does not apply to overtime off requests of less than 8 hours.
Supervisors will cancel overtime off requests of less than 8 hours, within the 48 hour period, when deemed necessary.
Once posted in the duty roster a compensatory overtime off cannot be canceled without the approval of a supervisor.
Employees on overtime off are subject to recall. If recall is necessary, overtime off will be canceled and the employee
will report for regular duty status.
Captains and Division Managers will be granted 80 hours of compensatory time annually beginning January 1st of each
year. This time will be recorded and managed by the department and cannot be carried over from year to year.
Per FSLA policy, non-exempt employees (Police Clerks and Police Clerk Supervisors) with any unused compensatory time
that is on the books as of December 1st will be paid out for that time. Compensatory time earned in the month of
December will be carried over and applied to the 80 hour maximum for the following year.
Vacation Off
Employees are entitled to paid vacation days as provided for by union contracts for union members, or city policy,
ordinance, or civil service rules applicable to non-union personnel.
Vacation requests submitted on or before February 1st of each year will be granted as provided for by union contacts, or
by rank and seniority in rank, city policy, ordinance, or civil service rules as applicable to non-union personnel. After
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
01/14/15
Next Review Date:
12/31/15
Leave Policies
Total Pages:
Page 3 of 5
Directive Number:
2302
WILEAG Standards:
2.4.2
February 1st, requests will be granted as provided for by union contracts for union personnel, or on the basis of a “first
come - first served”, city policy, ordinance, or civil service rules applicable for non-union personnel.
Requests for vacation time off will be handled and are subject to the same conditions as compensatory overtime off.
Police Clerks shall select their vacations according to Section 7.02 entitled “Selection of Vacations” as provided in the
NBPPA contract. Minimum staffing for Police Clerks may be adjusted at the discretion of the Administrative Division
Manager.
Holiday Time Off
Holiday Time Off will be awarded and used as provided for by union contracts, department policy, city policy, city
ordinance or civil service rules.
NBPPA employees will schedule their holidays as provided for in their union contracts.
NBPPA employees working a 5-2 schedule shall use their compensatory time off to take off each of the Holidays
specified in their contract, if regularly scheduled to work those Holidays.
Police Clerks and Police Clerk Supervisors will be paid for ten (10) holidays as noted in city policy.
Personal Off Days (PTO)
Employees are entitled to personal off days as provided for by union contracts for union members, or city policy,
ordinance, or civil service rules applicable to non-union personnel.
Civil service personnel will use 8.0 hour increments for PTO.
Requests for personal off days will be handled and are subject to the same conditions as compensatory overtime off.
Military Leave
Union contracts, state laws, city ordinances and department policies provide for periods of absence due to military
commitment. Military leave refers to the time allowed off from regular duty at the police department to participate in
annual military training or duty.
Requests for military leave will be submitted to the shift supervisor for approval as much in advance as possible. In
addition, a copy of the military order that requires training attendance for the dates requested will accompany the
request. In the event of an emergency military call-up, the order may be furnished at a later date. Approved military
leave requests and accompanying orders will be forwarded to the Deputy Chief of Police and retained by the
department.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
01/14/15
Next Review Date:
12/31/15
Leave Policies
Total Pages:
Page 4 of 5
Directive Number:
2302
WILEAG Standards:
2.4.2
Compensation for approved military leave will be handled in accordance with existing union contracts, city policies,
ordinances, and department directives.
Employees required to attend monthly military reserve drills may request to modify their work schedule to permit
attendance on regular off days, provided it does not reduce the available force below the established minimum.
Requests must be submitted to the shift supervisor as much in advance as possible. The requestor will be notified if the
request to attend monthly military training has been approved or denied. The request is approved once it has been
marked in the duty roster and the requestor has been notified of the approval.
Switch time off
Employees may switch regular duty hours, known as shift trades or time trades, with another employee as provided for
by union contracts for union members.
The Police Chief’s designee for approval of substitutions is the shift supervisor of the shift that the employee was
scheduled to work.
Requests for substitutions will be handled and are subject to the same conditions as compensatory overtime off.
Funeral Leave
Members of the NBPPA are eligible for funeral leave in accordance with the current union contract.
Non-union employees are eligible for funeral leave in accordance with City policy, ordinances, and civil service rules.
Jury Duty
Employees may participate in jury duty and receive full salary if the jury duty is at a time the employee is scheduled to
work. The letter of jury duty notice must be submitted to the employee’s supervisor prior to serving on the jury. Money
paid to the employee for jury duty must be signed over to the City to qualify for full salary. Reimbursable items (mileage
and parking) will be returned to the employee.
Family Medical Leave Act (FMLA)
Employees are eligible for FMLA according to Federal and State laws. FMLA leave will be administered and requested
according to City policy.
Contact while off duty
Overtime, Holiday, Vacation, Military Leave, Substitution and Regular Time Off: Each employee who will be absent
from his/her primary residence for a period of more than forty-eight (48) consecutive hours will inform the police
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
01/14/15
Next Review Date:
12/31/15
Leave Policies
Total Pages:
Page 5 of 5
Directive Number:
2302
WILEAG Standards:
2.4.2
department of an alternative address and/or telephone number or other means of contact whereby the employee may
be reached in the event of an emergency.
On Call: Any employee assigned to be “on call” will be available to the police department at all times while on call, either
by his/her department listed telephone(s), cellular phone, or pager, or by police radio. The “on call” employee is
responsible for notifying his/her supervisor of any alternate means of contact.
New Berlin Police
Department
Directives Manual
Issue Date:
01/15/15
Next Review Date:
12/31/15
Directive Title:
Insurance, Retirement and Other Benefits
Total Pages:
Page 1 of 1
Directive Number:
2303
WILEAG Standards:
2.4.3
Purpose
This directive provides information to employees on potential benefits that are provided to them or are available to
them relating to health, dental, vision, life and disability insurance; retirement benefits and other benefits employees
may wish to avail themselves of.
Insurance
Insurance benefits that are available to employees, both union and non-union, may be found here.
Retirement
Retirement benefits available to employees may be found here.
Other benefits
Other benefits, to include AFLAC, Long Term Disability, Vision, Flexible Benefit Plan, etc may be found here.
New Berlin Police
Department
Directives Manual
Issue Date:
01/15/15
Next Review Date:
12/31/15
Directive Title:
Uniforms, Equipment and Personal
Appearance Standards
Total Pages:
Page 1 of 8
Directive Number:
2304
WILEAG Standards:
2.4.4
Purpose
This directive designates the uniform to be worn by Department personnel and the circumstances when it is to be worn.
Additionally, this directive establishes procedures for the issuance and maintenance of uniforms and equipment and
standards of personal appearance and dress.
Issuance of Uniforms and Equipment
Initial Issue: Personal uniform and equipment for all uniformed personnel will be that issued by the Police Department
of the City of New Berlin. Original issue is without charge to every officer.
Replacement Issue, Uniform Personnel: Replacement issue of uniforms and equipment is made without charge
provided such replacement is not due to neglect or carelessness. Officers requesting replacement of a uniform item will
send an email to their immediate supervisor requesting that a uniform item be replaced and explaining the need for the
replacement. Supervisors will review the request and determine if the uniform items needs replacement. If so, an email
request for a purchase order for the replacement item will be sent to the Administrative Services Manager.
Special Equipment: The Department will issue other equipment of a special nature, as necessary, to personnel as
dictated by their assignment and the mission of the Department.
Body Armor: The department will issue body armor to all sworn personnel. The wearing of body armor is mandatory for
all uniformed personnel engaged in field activities and for all personnel participating in live-fire firearms training.
Officers may choose an external, uniform shirt style carrier of a type approved by the Chief of Police for their body
armor.
Maintenance of Uniforms and Equipment: The maintenance and proper care of uniform and equipment items are the
responsibility of the officer to whom it is issued or by whom it is being used. The Department, per the NBPPA contract,
will clean uniform jackets, trousers, hats and ties. Shirts will be cleaned and/or laundered at the employee’s expense.
Misuse or Neglect of Uniforms and Equipment: Misuse, abuse, or neglect of any item of uniform or Department
equipment in such manner as to render the item damaged, unserviceable, lost or stolen will result in the employee
being held responsible for the full replacement cost of the item.
Standards for wearing the uniform
General: Only uniform items issued or approved by the Department will be worn. Shoes for uniform personnel must be
black, clean and have no visible ornamentation. Socks may be of a material suitable to the individual’s best foot care
and, if visible, must be blue or black and without ornamentation.
Class “A” Uniform: The Class “A” uniform consists of
• LAPD Navy blue long sleeve uniform shirt with metallic department badge mounted above the left pocket. A
polished metallic nameplate with blue letters will be mounted and centered over the right pocket with the
New Berlin Police
Department
Directives Manual
Issue Date:
01/15/15
•
•
•
•
•
Next Review Date:
12/31/15
Directive Title:
Uniforms, Equipment and Personal
Appearance Standards
Total Pages:
Page 2 of 8
Directive Number:
2304
WILEAG Standards:
2.4.4
nameplate resting on the top edge of the pocket. The department patch will be sewn to each shoulder of the
shirt, 1 inch down from the shoulder seam and centered. Officers with the rank of Captain or above are
authorized to wear a white long sleeve shirt in place of the LAPD Navy blue shirt. Officers may choose to wear
any department valor awards they have received with the Class “A” uniform. Valor awards will be worn ¼ inch
above and centered with the name plate. If officers have more than one valor award, they will be worn in
horizontal rows of three. Rows of valor awards will be stacked vertically. Length of service designations will be
worn on the left sleeve. The stripe will be affixed at an angle so that a vertical line will be created between the
center of the stripe and center of the epaulet. The lower edge of the stripe is to be two and one half inches
above the bottom of the sleeve of the cuff of the shirt.
LAPD Navy blue tie
Whistle chain worn with the chain hook fastened to the shirt epaulet on the right shoulder and the chain end
tucked into the right side of the right shirt pocket.
Uniform trousers. “Cargo” or “Tactical” style pants will not be worn with the Class A uniform. Nothing will
protrude from any of the trouser pockets with the Class A uniform.
Appropriate footwear
Duty belt
The Class “A” uniform will be worn at times as directed by the Chief of Police or Division Commanders.
Class “A” Dress Uniform: The Class “A” Dress Uniform is available to officers with the rank of Sergeant or above. The
Class “A” Dress Uniform consists of:
• Single breasted dress coat with pleated pockets. The metallic department badge will be mounted over the left
breast pocket. The metallic nameplate will be mounted and centered over the right breast pocket with the
nameplate resting on the top edge of the pocket. Valor awards, if worn, will be worn ¼ inch above and centered
with the name plate. Multiple valor awards will be worn in the same fashion as on the Class “A” uniform. The
department patch will be sewn to each shoulder of the dress coat 1 inch down from the shoulder seam and
centered. The single breasted coat will have silver buttons for Sergeants, and gold buttons for Captain and
above.
• Sergeants will have their rank insignia sewn to the sleeves of the dress coat, centered ½ inch down from the
shoulder patch. Length of service designations will be worn on the left sleeve. The stripe will be affixed at an
angle so that a vertical line will be created between the center of the stripe and center of the epaulet. The lower
edge of the stripe is to be two and one half inches above the bottom of the sleeve of the coat.
• Captains and above will wear their metallic rank insignia on the epaulets of the coat.
o Captain: Rank insignia will be worn centered on the epaulet, 1 inch in from the outer edge.
o Deputy Chief and Chief of Police: Rank insignia will be worn centered on the epaulet, centered between
the shoulder seem and the button.
o Length of service designations will be worn on the left sleeve. The stripe will be affixed at an angle so
that a vertical line will be created between the center of the stripe and center of the epaulet. The lower
edge of the stripe is to be two and one half inches above the bottom of the sleeve of the coat.
• White, long sleeve uniform shirt. The department badge and nameplate need not be worn on the shirt when the
dress coat is worn over the shirt. If the dress coat is removed, the department metallic badge will be mounted
on the shirt over the left pocket, and the nameplate will be mounted and centered over the right pocket.
New Berlin Police
Department
Directives Manual
Issue Date:
01/15/15
•
•
•
Next Review Date:
12/31/15
Directive Title:
Uniforms, Equipment and Personal
Appearance Standards
Total Pages:
Page 3 of 8
Directive Number:
2304
WILEAG Standards:
2.4.4
Black tie
Uniform trousers.
Black uniform shoes
The duty belt will not be worn with the Class “A” dress uniform.
Class “B” Uniform: The Class “B” uniform will be the normal working uniform. The Class “B” uniform will be the Class “A”
uniform worn without the tie, whistle chain or valor awards. The Class “B” uniform will be worn with a black, or blue Tshirt under the uniform shirt. Officers may wear either a long sleeve, or short sleeve shirt with the Class B uniform.
Uniform Hat/Cap: The uniform hat/cap may be worn at any time while outdoors on duty, and outside of the squad car.
The cap will be worn squarely on the head, not pushed to the extreme back of the head nor tilted to either side. The
uniform hat/cap will not be worn indoors except when at a designated function when wearing of the cap is the ordered
uniform.
Authorized uniform hats will be:
• Navy blue “Air Force” style round cap with polished black brim. Officers will wear a black hat band; Sergeants
will wear a silver hat band and Captains and above will wear a gold hat band. The department hat badge will be
mounted in the center of the cap.
• Navy blue, fleece lined Trooper cap. The department hat badge will be worn mounted to the brim of the cap.
• Black or navy blue cloth watch-cap, either with or without “NBPD” embroidery.
Duty Belt: Officers may wear either a leather or nylon duty belt. Officers will not mix leather and nylon items on their
duty belts. At a minimum, the duty belt shall consist of
• Department approved holster
• Magazine carrier
• Handcuffs. Officers may carry more than one pair of handcuffs if desired
• Portable Radio
• 2 of 3 less lethal options offered by the department
Additionally, officers may have a flashlight holder(s), key pouches, medical kits etc on their duty belt.
At a minimum, on-duty patrol officers are required to carry their loaded sidearm, spare ammunition, handcuffs and key,
portable radio and 2 of 3 less than lethal options provided by the department.
External ballistic vest carrier: Officers may choose an approved external carrier for their ballistic vest. When officers
choose this option, the department badge will be a cloth badge sewn onto the vest carrier above the left pocket.
Officers will have a cloth name tape sewn above the right pocket.
Officers wearing an external ballistic vest carrier will not have items protruding out of the pockets of vest carrier.
New Berlin Police
Department
Directives Manual
Issue Date:
01/15/15
Next Review Date:
12/31/15
Directive Title:
Uniforms, Equipment and Personal
Appearance Standards
Total Pages:
Page 4 of 8
Directive Number:
2304
WILEAG Standards:
2.4.4
Uniform Jackets: Officers may wear either a light weight, or heavy weight uniform jacket, depending on the season. The
jacket worn will be a type approved by the department. When a uniform jacket is worn, a cloth department badge will
be sewn over the left pocket of the jacket. A cloth name tape will be sewn over the right jacket pocket. The department
patch will be sewn to each shoulder of the jacket in the same manner as the uniform shirt.
Rain Jacket: Officers may wear a department approved, waist length rain jacket during rainy weather. The rain jacket
will not have the department badge mounted to it, nor will the department shoulder patches be sewn to the shoulders
of the jacket.
Traffic Safety Vest: Officers will be issued a traffic safety vest approved by the department. The traffic safety vest will be
worn any time an officer is working on or adjacent to a roadway, except when the wearing of the vest would pose a
significant safety hazard to the officer.
Sweater: Officers may elect to wear a navy blue uniform sweater of a type approved by the department. A cloth
department badge will be sewn to the left breast of the sweater and a cloth name tape will be sewn to the right breast
of the sweater. The department shoulder patch will be sewn to both shoulders of the sweater in the same manner as
the uniform shirt.
Tactical (SCIT) Uniform: The tactical uniform will be determined by the Suburban Critical Incident Team Commander.
Honor Guard Uniform: The honor guard uniform will consist of:
• Black police coat of a type approved by the department. The department Honor Guard shoulder patch will be
worn as described for the Class “A” dress uniform.
• White dress shirt with department shoulder patch sewn to each shoulder as outlined above.
• Black dress pants of a type approved by the department.
• Black Clarino Sam Browne belt with gold buckle.
• White shoulder cord with brass tip.
• Black clip on tie.
• Black poromeric oxford shoes.
• White gloves.
Bicycle Uniform: The bicycle uniform will consist of:
• A LAPD blue short sleeve uniform shirt of a type approved by the department. The shirt will have a cloth badge
sewn over the left pocket. A cloth nametape will be sewn over the right pocket. The department shoulder patch
will be sewn to each shoulder as outlined above.
• LAPD blue shorts of a type approved by the department.
• Socks and footwear appropriate for the officer.
• Duty belt.
Motorcycle Uniform: The motorcycle uniform will consist of:
New Berlin Police
Department
Directives Manual
Issue Date:
01/15/15
•
•
•
•
•
•
Next Review Date:
12/31/15
Directive Title:
Uniforms, Equipment and Personal
Appearance Standards
Total Pages:
Page 5 of 8
Directive Number:
2304
WILEAG Standards:
2.4.4
A LAPD blue long or short sleeve uniform shirt of a type approved by the department. A metallic department
badge will be worn mounted over the left pocket. A metallic name tag will be worn mounted over the right
pocket. The department shoulder patch will be sewn to each shoulder as outlined above.
Dark navy police motorcycle breeches of a type approved by the department.
Black motorcycle boots of a type approved by the department.
Black leather gloves of a type chosen by the officer.
A black motorcycle helmet of a type approved by the department. A “winged wheel” helmet badge will be
mounted, centered above the brim of the helmet.
Duty belt.
Additionally, motorcycle officers will have the option of wearing:
• Police motorcycle jacket of a type approved by the department.
• Rainwear of a type approved by the department.
Authorized Uniform Insignia and Accoutrements
Department Badge: The department badge will be an Eagle Top style shield badge with the State of WI seal in the
middle. Officers and Sergeants will wear a silver badge. Captains and above will wear a gold badge.
Shoulder Patch: The department shoulder patch will be worn sewn to the both sleeves, centered and 1 inch down from
the shoulder seam.
Rank Insignia:
• Chief of Police: 3 gold colored, 5 point stars.
• Deputy Chief of Police: 2 gold colored, 5 point stars.
• Captain: 2 gold colored bars connected and spaced ¼ inch apart.
• Sergeant: 3 royal blue chevrons.
Sergeant chevrons will be worn on the sleeves of all long and short sleeve uniform shirts and on the sleeves of all
jackets. The sergeant chevrons will be sewn to the sleeve, centered ½ inch below the shoulder patch.
Captains and above will wear their authorized rank insignia on soft shoulder epaulets on the long and short sleeve
uniform shift and sweater. When the jacket is worn, the authorized rank insignia will be the large metallic insignia worn
on the epaulet of the jacket, centered, 1 inch in from the outer edge.
Length of Service Designation: Blue chevrons (single hash mark style) will be issued for Officers through the rank of
Sergeant. Gold chevrons will be issued for the rank of Captain and above. Each chevron will represent four completed
years of service at the New Berlin Police Department. Officers hired under the Lateral Hire Program will be awarded
chevrons based on the number of years counted for vacation time allowance. Length of Service chevrons can be worn on
long-sleeve uniform shirts and jackets only. The stripe will be affixed at an angle so that a vertical line will be created
New Berlin Police
Department
Directives Manual
Issue Date:
01/15/15
Next Review Date:
12/31/15
Directive Title:
Uniforms, Equipment and Personal
Appearance Standards
Total Pages:
Page 6 of 8
Directive Number:
2304
WILEAG Standards:
2.4.4
between the center of the stripe and center of the epaulet. The lower edge of the stripe is to be one-half inch above the
cuff seam on the shirt, or two and one half inches above the bottom of the sleeve of the jacket.
Officers will notify their supervisors when additional chevrons are to be added to their uniforms. The Department will
issue a purchase order for the chevrons and sewing for up to two uniform jackets and four long sleeve shirts.
Specialty Insignia/badges: All specialty insignia/badges will be worn ¼ inch above and centered with the name plate. If a
specialty insignia/badge is worn with valor awards, the specialty insignia/badge will be worn ¼ inch above and centered
over the valor award(s). Officers with more than one specialty badge will wear the badges stacked vertically above each,
with ¼ inch between each badge. Only the below listed specialty insignia/badges may be worn with the Class “A” or “B”
uniform:
• American Flag Banner
• Honor Guard badge
• Field Training Officer badge
• Motorcycle “wheeled wings”
• Instructor badge
• SWAT badge
• Accident Reconstruction badge
• Fire Investigator badge
• Bicycle officer badge
Prohibited items: The possession of any of the following items by an officer at any time is expressly forbidden:
blackjacks or saps; brass knuckles; lead-loaded gloves; or similar unauthorized/non-issued weapons. This does not forbid
the temporary possession of these items as a matter of evidence seized and being transported to the police station.
List of approved uniform items: All uniform, insignia, badges, and accoutrements that are authorized for wear or use
can be found here.
Personal Appearance Standards
General: At all times while on duty, unless expressly authorized by the Chief or his designee, all employees of the
Department shall be well groomed and clean. Footwear and duty belts will be clean and in good condition. Footwear
and duty belts that are worn or damaged should be replaced. Officers should strive to keep their hands clean and
fingernails trimmed and clean.
Haircuts: Department employees shall conform to the following standards of appearance:
• Males: Hair shall be neatly trimmed and styled, and should be kept such that it presents a professional and neat
appearance. Hair will not fall below the collar of the uniform shirt, nor protrude out the sides or front of the
uniform hat. Haircut styles such as Mohawks, cornrows, sculptured cuts including sculptured lettering or designs
are prohibited. Extreme or unnatural hair colors or combinations thereof are also prohibited.
• Females: Hair shall be styled to present a professional appearance. Conservative hairpins, combs, headbands,
elastic bands and barrettes are allowed. Hair pins and bands must match hair color. Long hair will be secured
New Berlin Police
Department
Directives Manual
Issue Date:
01/15/15
Next Review Date:
12/31/15
Directive Title:
Uniforms, Equipment and Personal
Appearance Standards
Total Pages:
Page 7 of 8
Directive Number:
2304
WILEAG Standards:
2.4.4
with no loose ends. Long hair will not fall below the shoulders. Female officers may not wear their hair in a
“pony tail”. Bangs, if worn, will not touch the eyebrows. Braids, micro-braids and cornrows are not authorized
when the uniform is worn.
Facial Hair: Uniformed personnel are prohibited from wearing beards while on duty. Personnel assigned to plain clothes
assignments may wear beards provided that the initial growing of the beard is done while on extended leave from the
Department and permission is granted from their division commander. Beards must be kept neat and trimmed at all
times while on duty.
Personnel are allowed to grow mustaches. Mustaches shall not extend more than ½ inch beyond the corners of the
mouth, nor more than ¼ inch below the corners of the mouth. Mustaches must be kept neat and trimmed at all times
while on duty.
These restrictions may be waived for sworn personnel assigned to an undercover assignment if the waiving of the
restrictions may assist in their undercover assignment.
Personnel with a medical condition which precludes shaving shall be required to present a written statement, signed by
a medical doctor, verifying such condition.
Tattoos and branding: Tattoos and branding may be required to be kept covered if they are political, have a potential
negative impact to the department, or have potentially offensive words, terms, logos, pictures, cartoons, or slogans.
Visible tattoos and branding on the ears, neck, head, or face are prohibited.
Jewelry and body piercing jewelry: Officers may wear jewelry, as long as it does not detract from the professional
appearance of the uniform. Officers will not wear more than two rings per hand. Officers will not wear “hoop” style
earrings, nor more than two earrings per ear.
The wearing of body piercing jewelry by officers, other than allowed earrings, is prohibited on body areas that are visible
to the public.
Non-Uniformed Personnel Dress
Non-uniformed employees of the Department, including sworn personnel, should recognize that their appearance and
dress reflect upon the Department in a manner similar to that of uniformed personnel. Therefore, clothing will be kept
neat, clean and in line with contemporary casual “business” attire, as determined by the Chief or his designee.
Inappropriate items of clothing while on duty include, but are not limited to: Capri pants, sweat pants, bib overalls,
denim pants, tank tops, novelty or undergarment shirts, athletic or cutoff shorts, athletic shoes other than approved
footwear, and sandals.
New Berlin Police
Department
Directives Manual
Issue Date:
01/15/15
Next Review Date:
12/31/15
Directive Title:
Uniforms, Equipment and Personal
Appearance Standards
Total Pages:
Page 8 of 8
Directive Number:
2304
WILEAG Standards:
2.4.4
Male employees must wear shirts with a collar. Collarless shirts are acceptable wear for female employees provided the
shirt covers the shoulders and conveys a professional image. Shirts with scoop necks and similar design elements, or
shirts that expose the midriff, are prohibited. Visible logos should be minimal, inoffensive, non-political and nonreligious in nature. Division Commanders may make exceptions to these standards for on-duty training, warrant
execution or other special assignments.
The standard for court appearances will be contemporary business attire. The minimum standard for male officers is a
sport coat, dress pants, shirt and tie.
For female officers, the standard shall be a suit, dress, skirt, blouse, or pants and dress shoes.
New Berlin Police
Department
Directives Manual
Issue Date:
01/19/15
Next Review Date:
12/31/15
Directive Title:
Medical and Fitness for Duty Exams
Total Pages:
Page 1 of 1
Directive Number:
2305
WILEAG Standards:
2.4.5
Purpose
At times, it will be necessary for the department to ensure that officers are medically and psychologically fit for duty.
This order establishes department policy for when and how medical exams will be utilized.
Policy
If the department orders an employee to undergo a physical, medical, or psychological exam, none of the cost of the
exam will be the employee’s responsibility.
Physical and Medical Exam
If the department develops information to indicate that an employee has a physical or medical condition that may affect
the employee’s ability to perform his/her job functions, the department may direct the employee to undergo a physical
or medical examination by a licensed physician of the department’s choice. The department will pay the full cost of the
exam.
The over-riding purpose of the exam will be to help the employee with a potential physical/medical problem. While the
information gleaned from the exam may be used to determine the duty status of the employee, the main goal will be to
provide the employee with assistance. Any decision regarding the duty status of the employee will be made in
accordance with labor contracts, city policy, city ordinance, and civil service rules. The employee’s privacy will be of
utmost concern to the department. The department will follow all Federal and State rules and laws to protect the
privacy of the employee.
Psychological Exam
If the department develops information to indicate that an employee may not be psychologically fit for duty, the
department may direct the employee to undergo a psychological fitness for duty examination by a licensed psychiatrist
of the department’s choice. The department will pay the full cost of the exam.
The over-riding purpose of the exam will be to help the employee with a potential psychological problem. While the
information gleaned from the exam may be used to determine the duty status of the employee, the main goal will be to
provide the employee with assistance. Any decision regarding the duty status of the employee will be made in
accordance with labor contracts, city policy, city ordinance, and civil service rules. The employee’s privacy will be of
utmost concern to the department. The department will follow all Federal and State rules and laws to protect the
privacy of the employee.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
01/20/15
Next Review Date:
12/31/15
Physical Fitness
Total Pages:
Page 1 of 2
Directive Number:
2306
WILEAG Standards:
2.4.6
Purpose
The purpose of this order is to establish guidelines for the administration of the New Berlin Police Department Workout
Program.
Policy
The department encourages physical fitness for all employees. Accordingly the department will compensate employees
that participate in an approved physical fitness program.
Conditions for participation
The conditions for participation in the department authorized program are:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Participation is voluntary.
Participants must be actively working out to claim compensation.
Workouts do not have to occur on an actual workday to qualify for compensation.
Before starting a workout program, employees must get their workout regimen approved by a department
fitness instructor and obtain approval for compensation from the Chief of Police. Copies of approved workout
regimens will be maintained in employee personnel files.
A compensable workout must be conducted at the Police Department or at a health club that keeps records of
attendance. Employees who elect to work out at a health club are required to notify the department of the
name of the facility. Employees working out at the department are required to sign in on the workout room log
to verify participation for compensatory purposes. Employees working out at a health club facility will be
required to make an entry in the workout room log noting the date/time/location of their workouts and, upon
request, supply health club records verifying their attendance at the facility. Aerobic activities (running, biking,
skating, etc.) for employees working out at the police department must originate from or end at the police
department.
Time cards submitted for workout compensation must reflect the date(s) and times of the compensable
workout.
The maximum allowable compensation per week for NBPPA employees will be 3 hours of compensatory time
per pay period. Non-sworn full time employees are eligible for 1 hour of compensatory time per pay period. Part
time employees are eligible for .75 hours of compensatory time per pay period. Limited part time employees are
not eligible for compensation.
Employees at their contractual maximum level of accumulated compensatory time may not claim time for
workouts.
All claims for compensation must be turned in and approved by the employee’s supervisor(s) prior to 0700 hours
on the first Monday following the end of the pay period. Late requests will not be granted.
Command Staff employees
Captains and above are not eligible for compensated work out time.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
01/20/15
Next Review Date:
12/31/15
Physical Fitness
Total Pages:
Page 2 of 2
Directive Number:
2306
WILEAG Standards:
Injuries incurred while working out
Any injuries sustained during compensable workout time will be reported in accordance with directive 2308.
2.4.6
New Berlin Police
Department
Directives Manual
Issue Date:
01/20/15
Next Review Date:
12/31/15
Directive Title:
Outside Employment
Total Pages:
Page 1 of 2
Directive Number:
2307
WILEAG Standards:
2.4.7
Purpose
This directive establishes guidelines to govern outside employment by employees of the New Berlin Police Department.
Policy
It is the policy of the New Berlin Police Department to provide guidelines to employees to inform them of the types of
outside employment that are appropriate and to establish procedures to maintain accountability for the welfare of the
department. These requirements are essential for the efficient operation of the department and for the protection of
employees, the department, and the community.
Definition
Outside employment: Any work performed or services provided for compensation, including self-employment.
Approval/Revocation Process
Employees wishing to engage in outside employment must first request permission from the Chief of Police. The
requesting employee will complete the New Berlin Police Department Outside Employment Form, submitting it to the
Chief of Police through the chain of command.
Upon the Chief’s approval or denial of the request for outside employment, a copy of the approval/denial will be placed
in the employee’s personnel file. A copy will be routed back to the employee.
Permission to engage in outside employment may be revoked by the Chief of Police where it is determined that such
outside employment is not in conformance with the guidelines of this directive.
Guidelines
Work hours for all outside employment must be scheduled so that such employment will not interfere with assigned
duties within the department.
Outside employment shall not render an employee unavailable during an emergency. Employees engaged in outside
employment are subject to re-call in the event of an emergency.
Outside employment shall not physically or mentally exhaust an employee to the point that their performance may be
affected.
Outside employment shall not require any special consideration be given to scheduling regular duty hours.
Outside employment shall not bring the department into disrepute or impair the operation or efficiency of the
department, employee, or other personnel.
New Berlin Police
Department
Directives Manual
Issue Date:
01/20/15
Next Review Date:
12/31/15
Directive Title:
Outside Employment
Total Pages:
Page 2 of 2
Directive Number:
2307
WILEAG Standards:
2.4.7
Employees engaged in outside employment shall not use the department name, employee’s position, uniforms or
equipment in the pursuit of any outside or off duty interests without permission of the Chief of Police.
Department vehicles, firearms, radios, or other equipment shall not be used while traveling to and from or engaging in
outside employment unless authorized by the Chief of Police or his designee.
Prohibited behavior
Employees are generally prohibited from:
1. Working as an operator, agent, bartender or bouncer of any business/premise licensed to sell alcoholic
beverages.
2. Where the employment would potentially compromise the confidentiality of department records, access to
department databases and/or investigations.
3. Involving investigative work for insurance agencies/companies, collection agencies, attorneys, or private
investigation agencies with the potential of creating a conflict of interest.
4. Working in any manner to assist case preparation for the defense in any criminal action or for either side in any
civil action or proceeding, unless authorized in writing by the Chief of Police.
5. At any gambling establishment.
6. Working as a law enforcement officer for any other agency, unless specifically authorized by the Chief of Police.
In instances where an employee is requesting outside employment as a law enforcement officer for another
agency, the Chief may require the other agency to indemnify the City of New Berlin as a condition of
employment.
7. Employees who are on medical or other leave due to sickness are not eligible to engage in any secondary
employment while on medical or sick leave.
8. Employees on temporary disability or an on-duty injury may not be eligible to engage in outside employment.
9. Employees engaged in outside employment within the City of New Berlin are not authorized to take police
action unless they are responding to an emergency that poses a significant threat to life or bodily harm. The
department encourages these employees to act as good witnesses and provide assistance to on-duty officers;
however they should not become involved in police activity unless it is absolutely necessary.
Injuries incurred
Injuries incurred during any outside employment activity are not covered by the City’s Worker’s Compensation Program
or duty related retirement plans.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
04/07/15
Next Review Date:
12/31/15
Personnel Injuries
Total Pages:
Page 1 of 2
Directive Number:
2308
WILEAG Standards:
Purpose
This directive establishes policy for dealing with personnel that are injured while on duty.
Policy
It is the policy of the department to assure proper medical attention for injured employees, insure safe and helpful
working conditions on the job, assure the quality and delivery of service with safety, and to discover and eliminate safety
hazards following proper medical attention.
It is important for employees of the department to follow the guidelines outlined in this directive. Neither the City of
New Berlin nor the city's Worker's Compensation carrier will be responsible for payment to any doctor or hospital for
bills incurred for treatment not properly authorized.
Guidelines for Handling and Reporting On-duty Injuries
Any employee incurring an injury while on duty will immediately report the injury to his or her supervisor. When an
injury is incurred during a training session, the employee will immediately report the injury to the “senior instructor” of
the training session in lieu of his/her supervisor. If an injury is not immediately noticed by an employee, but exhibits
symptoms at a later time, the employee should notify a supervisor as soon as practical, obtaining medical treatment if
instructed to do so.
In instances of serious injury which requires an ambulance conveyance, the injured will be taken to a place of treatment
as directed by the New Berlin Fire Department ambulance policy. The Shift Commander will authorize treatment when
the need for emergency care exists. Emergency care which may be required when the individual is not within the
jurisdiction of the City of New Berlin may be received at any facility deemed appropriate by the local jurisdiction's
ambulance service.
In instances of injuries, which do not require ambulance service, the injured employee will request authorization for
treatment from the Shift Commander or Training Division Supervisor in the case of a training related injury. In nonemergency situations, employees may seek treatment at U.S. HealthWorks, 16505 W. National Avenue.
Upon initial treatment and all subsequent medical care, the employee will be responsible for obtaining and turning in to
the Administrative Services Manager all diagnostic, evaluation and medical status reports for each visit to the authorized
medical care facility or physician. Such documents are to be turned in as soon as possible in order for the department to
determine if such injury qualifies as a disability injury.
An incident report detailing the circumstances involving the injury will be filed by the injured employee as soon as
possible following the injury and forwarded to the Administrative Services Manager. In cases involving training related
injuries, a copy of the incident report will also be forwarded to the Training Division.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
04/07/15
Next Review Date:
12/31/15
Personnel Injuries
Total Pages:
Page 2 of 2
Directive Number:
2308
WILEAG Standards:
Following a report of employee injury, the employee's immediate supervisor will file a supplement report, detailing the
injuries, possible causes of the accident, as well as what should be done and by whom to prevent reoccurrence. In the
case of a training related injury, the instructors of the training session in which the employee was injured will file the
Training Division Instructor Injury Report, which will be made part of the incident report that documents the injury. In all
cases where an employee has incurred a duty injury, the supervisor, or a training division supervisor in the case of a
training related injury, will complete an Employee’s First Report of Injury or Disease (form WC-12) as soon as practical
and forward it along with the Incident Report to the Administrative Services Manager. In the case of a training related
injury, the employee’s supervisor may complete the Employee’s First Report of Injury or Disease in the absence of a
Training Division Supervisor.
The Administrative Services Manager will forward all documents pertaining to the injured employee to the appropriate
person or agency to ensure the proper processing of such documents and all necessary actions are taken.
New Berlin Police
Department
Directives Manual
Issue Date:
01/20/15
Next Review Date:
12/31/15
Directive Title:
Performance Evaluations
Total Pages:
Page 1 of 3
Directive Number:
2401
WILEAG Standards:
2.5.1, 2.5.2, 2.5.3,
2.5.4, 2.5.6, 2.5.7
Purpose
This directive sets forth department policy regarding the frequency of performance evaluations and how evaluations will
be conducted and presented to employees.
Policy
The New Berlin Police Department recognizes that employee performance evaluations can serve as an important tool for
documenting performance and effectiveness of personnel. It is the policy of the department that all employees be
evaluated once a quarter. Probationary employees will be evaluated on a monthly basis during their probationary
period.
Performance Evaluation Objectives
The objectives of the performance evaluation program are:
1.
2.
3.
4.
5.
To allow fair and impartial personnel decisions.
To maintain and improve the employee's performance.
To provide a medium for personnel counseling.
To facilitate proper decisions regarding probationary employees.
To provide an objective and fair means for recognition and measurement of individual performance in
accordance with prescribed guidelines.
6. To identify training needs.
7. To assist in career development counseling.
Rater Training
All supervisors that complete performance evaluations will receive training detailing how to complete a performance
evaluation. If a supervisor has not yet received performance evaluation training, that supervisor will not complete any
evaluations.
Rating Period/Rating Process- Non probationary employees
Rating Period: All sworn and non-sworn personnel will have their performance evaluated by their immediate supervisor
once every quarter. Each performance evaluation will cover a three month period. The evaluation periods will
correspond with the end of each calendar quarter; March 31, June 30, September 30 and December 31.
Rating Process: At the beginning of each rating period, the employee’s immediate supervisor will meet with the
employee. During this meeting, the supervisor and employee will mutually establish the employee’s goals for the rating
period. The supervisor and employee will also mutually establish the measurement methods used to determine if the
goals have been met.
New Berlin Police
Department
Directives Manual
Issue Date:
01/20/15
Next Review Date:
12/31/15
Directive Title:
Performance Evaluations
Total Pages:
Page 2 of 3
Directive Number:
2401
WILEAG Standards:
2.5.1, 2.5.2, 2.5.3,
2.5.4, 2.5.6, 2.5.7
During the rating period, the rating supervisor will monitor the employee’s performance toward the mutually
established goals. If any performance deficiencies are noted, the supervisor will address those deficiencies immediately
and attempt to correct them.
At the end of each rating period and no later than 10 days into the new rating period, the rating supervisor and
employee will have a performance evaluation meeting. During this meeting, the supervisor and employee will discuss
the employee’s progress in attaining the mutually agreed upon goals. The supervisor will provide feedback to the
employee on what could be done to improve performance.
At the end of the performance evaluation meeting, the supervisor and employee will establish mutually agreed upon
goals for the next rating period and the methods that will be used to measure success.
Rating Period – Probationary employees
Probationary employees will have their performance evaluated by their immediate supervisor once a month during their
probationary period.
The rating supervisor will meet with the probationary employee at the beginning of the rating period. During this
meeting, the supervisor and probationary employee will establish goals for the month. They will also mutually establish
the measurement methods used to determine if the goals have been met.
At the end of the month and no later than 10 days into the new month, the rating supervisor will have a performance
evaluation meeting with the probationary employee. During this meeting the supervisor will discuss the employee’s
success in attaining the mutually agreed upon goals. The rating supervisor and probationary employee will then
establish goals and measurement methods for the next month.
At the completion of the probationary employee performance evaluation meeting, the rating supervisor will prepare a
report to the Division Command and Training Sergeant, with a copy provided to the probationary employee. This report
will include the following:
1.
2.
3.
4.
5.
Name and assigned shift of the probationary employee(s).
Scheduled date when probationary status will end.
Any corrective or remedial action that has been taken during the evaluation period.
Supervisor’s assessment of the probationary employee’s progress.
Any limiting factors relating to the employee’s successful completion of the probationary period.
360 Evaluations
The purpose of a 360 Evaluation is to allow subordinates to have input on the performance of their supervisors. The 360
Evaluation is not intended to provide a medium to subordinates to address personal conflicts that they may have with a
supervisor, but to provide substantive input for improved performance.
New Berlin Police
Department
Directives Manual
Issue Date:
01/20/15
Next Review Date:
12/31/15
Directive Title:
Performance Evaluations
Total Pages:
Page 3 of 3
Directive Number:
2401
WILEAG Standards:
2.5.1, 2.5.2, 2.5.3,
2.5.4, 2.5.6, 2.5.7
At least twice a year, all non-supervisory officers will be provided with a 360 Evaluation form for the supervisors
assigned to their shift. Officers are encouraged to provide as much detailed information as possible in the rating
categories on the evaluation form.
Once an officer has completed the 360 Evaluation form, he/she will submit the completed form to the Shift/Division
Commander. In an effort to maintain the integrity of the evaluation, the 360 Evaluation form will have two means of
identifying the officer completing the evaluation. The officer may fill his/her name in on the form, directly identifying
him/herself. The officer may also check the box on the 360 Evaluation form indicating that he/she does not wish his/her
direct supervisor to know about the evaluation, however, still being identified to the Shift/Division Commander. The
Shift/Division Commander will not accept any truly anonymous 360 Evaluations.
The Shift/Division Commander will schedule a Performance Evaluation Meeting with each of the supervisors assigned to
his/her Shift/Division to review the 360 Evaluations.
Performance Evaluation Signatures
All of the supervisors assigned to the employee’s division, including the division commander, will review the employee’s
performance evaluation. Once the supervisors are all in agreement with the evaluation, they will all sign the evaluation.
The rating supervisor will then schedule the Performance Evaluation meeting with the employee and discuss the
employee’s progress. After discussing the employee’s progress, the rating supervisor will give the employee the
opportunity to sign the evaluation. If the employee refuses to sign the evaluation, the rating supervisor will write
“REFUSED” on the employee signature line.
The rating supervisor will provide the employee a copy of his/her performance evaluation.
Contested Performance Evaluations
In the event an employee wishes to contest a performance evaluation, the employee will:
1. Write a rebuttal to the evaluation in essay format. The employee should specifically address the area/goal of the
evaluation that they are contesting.
2. The employee should submit this rebuttal to the rating supervisor.
3. The rating supervisor will schedule a mediation meeting with the employee. The goal of the meeting will be to
attempt to reach agreement on the contested area of the evaluation.
4. If the rating supervisor and employee reach agreement, the evaluation will be changed to reflect this
agreement.
5. If no agreement is reached, the employee’s rebuttal will be submitted with the performance evaluation through
the chain of command to the Chief of Police. The Chief of Police will be the final deciding authority on the
evaluation.
Performance Evaluation Retention
Performance evaluations will be retained in the employee’s personnel file for the duration of their employment.
New Berlin Police
Department
Directives Manual
Issue Date:
01/21/15
Next Review Date:
12/31/15
Directive Title:
Promotional Process
Total Pages:
Page 1 of 3
Directive Number:
2501
WILEAG Standards:
2.6.1, 2.6.2, 2.6.3
Purpose
This directive outlines the promotional process that will be followed for all promotions.
Policy
It is the policy of the New Berlin Police Department that the promotional process for all positions within the department
will be fairly and objectively administered. The department will not discriminate against any qualified employee based
on any protected class.
Promotion Administration
The Chief of Police is responsible for the administration of the promotional process.
Promotional Procedures
General: Promotional opportunities will be announced to the department via email. The email describing promotional
opportunities will include a description of the position and job description, the qualifications necessary for the position,
the wage range of the position, whether the position is exempt or non-exempt, and the deadline for application.
Employees that meet the minimum qualifications for a position in which a promotional opportunity exists will submit a
letter of interest through the chain of command to the Chief of Police. Applicants for a promotional opportunity will
undergo a non-discriminatory testing process. Applicants who have completed the testing process for a promotional
opportunity may be placed on an eligibility list established by the Chief of Police for not less than six months, nor more
than two years.
Employees that are chosen for promotion will have their promotion announced by the Chief of Police or his/her
designee by email and personnel directive.
The Chief of Police may announce the eligibility list and how long it will remain in effect.
Positional qualifications:
1. Police Officer:
a. Be a citizen of the United States;
b. Be able to speak the English language understandably;
c. Have, as a minimum, a 2 year Associate Degree from a technical college or a minimum of 60 college level
credits;
d. Be of good character and not have been convicted of a felony;
e. Be at least 18 years of age;
2. Detective:
a. Meet all of the minimum requirement for Police Officer;
b. Have 3 years of experience as a Police Officer for the New Berlin Police Department.
New Berlin Police
Department
Directives Manual
Issue Date:
01/21/15
Next Review Date:
12/31/15
Directive Title:
Promotional Process
Total Pages:
Page 2 of 3
Directive Number:
2501
WILEAG Standards:
2.6.1, 2.6.2, 2.6.3
3. Sergeant:
a. Meet all of the minimum requirement for Police Officer;
b. Have 5 years of experience as a Police Officer for the New Berlin Police Department;
c. Have a Bachelor Degree from an accredited college or university.
4. Captain:
a. Meet all of the minimum requirements for Sergeant;
b. Have 3 years of experience as a Sergeant;
c. Have attended, or enrolled in a command/executive level leadership training course.
5. Deputy Chief:
a. Meet all of the minimum requirements for Captain.
b. Have attended a command/executive level leadership training course
6. Chief of Police:
a. Be a citizen of the United States;
b. Be able to speak the English language understandably;
c. Have a Bachelor’s Degree in Criminal Justice or related field with a Master’s Degree preferred;
d. Possess a valid Wisconsin driver’s license;
e. Have 10 years police experience with administrative experience at the rank of Lieutenant or above;
f. Have current certification as a police officer in the State of Wisconsin;
g. Be of good character and not have been convicted of a felony.
Promotional Process: Employees that apply for a promotional opportunity will undergo the following promotional
processes:
1. Detective:
a. Peer rating
b. Supervisory rating
c. Oral panel interview
d. Written case exercise
e. Written test relevant to the position
f. Ratification by the Police and Fire Commission.
2. Sergeant:
a. Peer rating
b. Supervisory rating
c. Oral panel interview
d. Background and experience rating
e. Practical exercise
f. Written test relevant to the position
g. Candidates selected for promotion will be required to attend a job traits or leadership assessment
h. Ratification by the Police and Fire Commission.
3. Captain:
a. Peer rating
b. Supervisory rating
c. Oral panel interview
New Berlin Police
Department
Directives Manual
Issue Date:
01/21/15
Next Review Date:
12/31/15
Directive Title:
Promotional Process
Total Pages:
Page 3 of 3
Directive Number:
2501
WILEAG Standards:
2.6.1, 2.6.2, 2.6.3
d. Background and experience rating
e. Practical exercise
f. Written test relevant to the position
g. Candidates selected for promotion will be required to attend a job traits or leadership assessment
h. Ratification by the Police and Fire Commission.
4. Deputy Chief of Police:
a. Submit resume with letter of interest to the Chief of Police
b. Job traits or leadership assessment required of all candidates
c. Interview with Chief of Police
d. Ratification by the Police and Fire Commission.
New Berlin Police
Department
Directives Manual
Issue Date:
01/22/15
Next Review Date:
12/31/15
Directive Title:
Police Auxiliary Unit
Total Pages:
Page 1 of 2
Directive Number:
2601
WILEAG Standards:
2.8.1
Purpose
This directive establishes policy and guidelines for the operation and use of the Police Auxiliary Unit.
Policy
In keeping with the mission of the New Berlin Police Department and the goal of providing high quality community
orientated police services, the New Berlin Police Department has established a Police Auxiliary Unit. The Police Auxiliary
Unit is intended to encourage the police and the citizenry to blend together as a community in order to achieve the
mission of the New Berlin Police Department.
Auxiliary officers are non-sworn personnel and are not intended to replace sworn police officers. Auxiliary officers
should be assigned primarily to law enforcement related community service functions. They can also be used as a
resource in emergencies and/or large scale special events.
Guidelines for the Police Auxiliary Unit
Regulation: The New Berlin Auxiliary unit will be regulated by a manual of Rules and Regulations.
Authority and Supervision: The Chief of Police is the final authority for the Police Auxiliary Unit. The supervision and
coordination of the Police Auxiliary Unit will be the responsibility of the Auxiliary Officer Coordinator.
Duties: Auxiliary officers will not be assigned to duties that require a sworn officer. Auxiliary officers may assist, or ride
along with sworn officers who volunteer or request this assistance. Auxiliary officers should not be used for functions or
duties that necessitate a sworn police officer. The Auxiliary officers may be used for public relations functions such as
tours of the police building, crime prevention programs in the community and community fund raising events. Further,
they may be used to supplement sworn officers in areas such as traffic direction and control, bicycle patrol, parades,
sporting events, crowd control and any duties designated by the Chief of Police.
Assisting a Sworn Officer: The role of the Auxiliary Officer is to be the best witness possible. When a sworn officer
requests the assistance of an Auxiliary Officer, the Auxiliary Officer will have the same powers as the law enforcement
officer. No sworn officer shall be held accountable for an undirected action of an Auxiliary.
Training: Newly appointed Auxiliary officers will participate in an orientation process determined by the Auxiliary Officer
Coordinator. Part of the orientation process will include training reflective of the Auxiliary Officer’s job duties as
outlined in their respective job description. This training will be determined by the Auxiliary Officer Coordinator.
Auxiliary officers shall receive annual training, as determined by the Auxiliary Officer Coordinator in order to properly
fulfill their duties as described in their respective job description.
New Berlin Police
Department
Directives Manual
Issue Date:
01/22/15
Next Review Date:
12/31/15
Directive Title:
Police Auxiliary Unit
Total Pages:
Page 2 of 2
Directive Number:
2601
WILEAG Standards:
2.8.1
Separation: The position of an Auxiliary Officer is non-compensated. An Auxiliary Officer’s appointment may be
terminated at the discretion of the Chief of Police or his designee.
New Berlin Police
Department
Directives Manual
Issue Date:
02/13/15
Next Review Date:
12/31/15
Directive Title:
Blood borne Pathogen Exposure Control Plan
Total Pages:
Page 1 of 9
Directive Number:
2701
WILEAG Standards:
Purpose
The purpose of this exposure control plan is to eliminate or minimize employee occupational exposure to blood or other
body fluids, and to comply with OSHA Blood borne Standard 29 CFR 1910.1030, and applicable State of Wisconsin
standards.
Policy
It will be the policy of the City of New Berlin Police Department to comply with the applicable OSHA and DILHR
standards relating to blood borne pathogens.
This Exposure Control Plan will be reviewed annually and updated whenever necessary to reflect new or modified tasks
and procedures which affect occupational exposure and to reflect new or revised Employee positions with occupational
exposure.
Definitions
1. Blood: Human blood, human blood components, and products made from human blood.
2. Blood borne Pathogens: Pathogenic microorganisms that are present in human blood and can infect and cause
disease in humans. These pathogens include, but are not limited to Hepatitis B Virus (HBV) and Human
Immunodeficiency (HIV).
3. Contaminated: Presence or reasonably anticipated presence of blood or other potentially infectious materials
on an item or surface.
4. Engineering Controls: Controls (e.g., sharps disposal containers, etc.) that isolate or remove blood borne
pathogen hazards from the workplace.
5. Exposure Incident: A specific eye, mouth, other mucous membrane, non-intact skin, or parenteral contact with
blood, or other potentially infectious materials that results from the performance of an Employee's duties.
6. HBV: Hepatitis B Virus.
7. HIV: Human Immunodeficiency Virus.
8. Mucous Membrane: The moist layer of tissue that lines the mouth, eyes, nostrils, vagina, anus, or urethra.
9. Occupational Exposure: Any reasonably anticipated skin, eye, mucous membrane, or parenteral contact with
blood, or any other potentially infectious materials that may result from the performance of an Employee's
duties.
10. Other Potentially Infectious Materials includes:
1. Semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, peritoneal
fluid, amniotic fluid, saliva in dental procedures.
2. Any fluid or solid that is visibly contaminated with blood.
3. All body fluids in situations where it is difficult or impossible to differentiate between body fluids.
11. Parenteral: Piercing mucous membrane or the skin barrier through such events as needle sticks, human bites,
cuts, and abrasions.
New Berlin Police
Department
Directives Manual
Issue Date:
02/13/15
Next Review Date:
12/31/15
Directive Title:
Blood borne Pathogen Exposure Control Plan
Total Pages:
Page 2 of 9
Directive Number:
2701
WILEAG Standards:
12. Personal Protective Equipment (PPE): Specialized clothing or equipment worn by an employee for protection
against a hazard. General work clothes (e.g., uniforms, pants, shirts, or blouses) not intended to function as
protection against a hazard is not considered to be personal protective equipment.
13. Source Individual: Any individual, living or dead, whose blood or other potentially infectious materials may have
been a source of occupational exposure to an employee.
14. Universal Precautions: An approach to infection control. According to the concept of Universal Precautions, all
human blood and certain body fluids are treated as if known to be infectious for HIV, HBV, and other blood
borne diseases.
Exposure Determination
Exposure determination is defined as "reasonably anticipated skin, eye, mucous membrane, or parenteral contact with
blood or other potentially infectious materials that may result from the performance of an employee's duties."
Exposure determination shall be made regardless of the use of personal protective equipment. All job classifications of
the City of New Berlin Police Department shall be classified into two categories:
1. At Risk Employees (Category I) includes those job classifications in which employees have anticipated
occupational exposure. These employees are entitled to protection under OSHAs and DILHRs Standards for
Blood borne Pathogens. All employees listed are considered Category I employees and include the following job
classifications:
a. Chief of Police
b. Captain
c. Sergeant
d. Detective
e. Police Services Aide
These job classifications are considered "at risk" because the following job associated tasks may result in
occupational exposure.
1. Acting as an Emergency Medical Technician or first responder and providing first aid.
2. Arresting, searching, transporting, or processing individuals in Police custody.
3. Collecting and/or processing evidence which may be contaminated.
4. Cleaning areas that may be contaminated.
2. No Risk Employees (Category II) includes all other job classifications not identified as "At Risk, Category I" where
in the performance of job responsibilities it is not reasonably anticipated that they will be exposed to blood or
other potentially infectious materials.
Methods of Compliance
Universal Precautions is an approach to infection control. According to the concept, all human blood and certain body
fluids are treated as if known to be infectious for HIV, HBV, and other blood borne diseases. Universal Precautions will
be observed at all times by members of the City of New Berlin Police Department regardless of the perceived status of
the source individual in order to prevent contact with blood or other potentially infectious materials.
New Berlin Police
Department
Directives Manual
Issue Date:
02/13/15
Next Review Date:
12/31/15
Directive Title:
Blood borne Pathogen Exposure Control Plan
Total Pages:
Page 3 of 9
Directive Number:
2701
WILEAG Standards:
Engineering and Work Practice Controls are designed to minimize or eliminate employee exposure. All supervisors are
to ensure that employees follow the "Engineering and Work Practice Controls."
1. Personal Protective Equipment (PPE)
a. Officers are required to keep disposable gloves in their possession or readily available at all times while
on duty. Disposable gloves shall be worn when handling any person, clothing, or equipment
contaminated with blood or other potentially infectious material, or when the officer anticipates
becoming involved in assaultive behavior through which the officer may potentially become exposed to
blood or body fluids containing blood.
b. Disposable gloves should not be reused. A new pair should be put on before handling a different
person, touching contaminated items, or when a glove is torn or punctured. Disposable gloves should
be removed inside out with the contaminated side not exposed.
c. Where a single pair of gloves may be damaged and unable to provide adequate protection, more than
one pair of gloves shall be worn to protect against exposure.
d. If circumstances warrant the wearing of other disposable gloves (e.g., leather or cotton gloves),
disposable gloves can be worn underneath for added protection.
e. Protective masks with eye protection and protective, disposable clothing shall be worn when blood or
body fluids may be splashed or splattered.
f. An authorized barrier/resuscitation device with an isolation valve shall be used whenever an employee
performs CPR.
g. Appropriate protective clothing shall be worn in occupational exposure situations. The type and
characteristics will depend upon the task, location, and degree of exposure anticipated.
2. Sharp Instrument Program: All sharp instruments such as knives, scalpels, and needles shall be handled with
extreme care and shall be considered to be contaminated items. Needles shall not be recapped, bent, broken,
removed from a disposable syringe, or otherwise manipulated. Needles or other sharp edged instruments shall
be placed in a puncture-resistant, non-porous container when being collected for evidence or disposal purposes.
The container shall be marked appropriately to show contents, and labeled with the appropriate biohazard sign.
All locations where the searching and processing of prisoners is performed shall be equipped with an approved
sharps disposal container.
3. Hand Washing Procedures
a. Any unprotected skin surfaces that come into contact with blood or other potentially infectious material
shall be thoroughly washed (showering if necessary) as soon as practicable with hot running water and
soap before rinsing and drying.
b. Antiseptic towelettes, bactericidal washes, or an equivalent may be used where soap and water is not
available. Washing with soap and hot running water should then be performed as soon as feasible.
c. Even if disposable gloves are worn, hands should be washed after removal of the gloves if contact with
blood or other potentially infectious materials has occurred.
d. Mucous membrane surfaces such as the eye or mouth should be thoroughly flushed with tap water
immediately, or as soon as feasible if an exposure has taken place.
4. Housekeeping/Decontamination/Waste Procedures
a. When performing decontamination procedures, employees shall wear appropriate protective
equipment including, at a minimum, disposable gloves. Other protective equipment (e.g., protective
New Berlin Police
Department
Directives Manual
Issue Date:
02/13/15
5.
6.
7.
8.
Next Review Date:
12/31/15
Directive Title:
Blood borne Pathogen Exposure Control Plan
Total Pages:
Page 4 of 9
Directive Number:
2701
WILEAG Standards:
eye wear, impermeable clothing, etc.) shall be used when circumstances require additional protective
measures.
b. Blood spills and other potentially infectious materials shall be cleaned up first with disposable towels
followed by a cleaning of the contact area with a freshly prepared 1 to 10 household bleach solution (1
part bleach to 10 parts water) or an approved disinfectant.
c. "Spot contamination" (the presence of a few drops of blood or other potentially infectious material) can
be cleaned up with disinfectant towelettes or paper saturated with an approved disinfectant.
Department vehicles, facilities, and other non-disposable equipment which are "spot contaminated"
shall be cleaned up as soon as feasible by on-scene personnel.
d. Department vehicles, facilities, and other non-disposable equipment which are "grossly contaminated"
(covered with large quantities of blood or other potentially infectious material) shall be decontaminated
by on-scene personnel if feasible, or by authorized maintenance personnel.
Contaminated Clothing: Contaminated clothing shall be removed immediately or as soon as feasible, and
replaced with fresh clothing. An employee whose clothing becomes contaminated shall place the contaminated
items in an approved biohazard disposable bag, attach an identification tag, and forward the bag and an Incident
Report indicating the circumstances of the contamination to the Shift Commander. The department will ensure
that the contaminated items will be laundered at an authorized dry cleaner if necessary.
Contaminated Vehicles and Facilities
a. Whenever a department vehicle or facility is contaminated, a supervisor shall be notified, and the
vehicle should either be decontaminated immediately, or if not feasible, shall be parked and clearly
labeled as biohazard contaminated (which can be done by placing a biohazard bag over the steering
wheel). In these cases, an Incident Report will be made to the Shift Commander.
b. Contaminated department facilities shall be labeled as biohazard contaminated (which can be done with
a biohazard bag or warning label), and not used until decontaminated. "Spot contaminations" shall be
decontaminated by on-scene personnel as soon as feasible. Department vehicles, facilities, and other
non-disposable equipment which are "grossly contaminated" (covered with large quantities of blood or
other potentially infectious materials) shall be decontaminated as soon as feasible by either on-scene
personnel, or by designated maintenance personnel.
Contaminated Non-Disposable Equipment: Non-disposable equipment (i.e., handcuffs, batons, etc.) which
becomes contaminated shall be removed from service until decontaminated. "Spot decontaminations" shall be
decontaminated by the officer assigned that equipment as soon as feasible. Equipment that is "grossly
contaminated", and cannot be immediately decontaminated shall be placed in a biohazard bag and placed in the
marked biohazard container located in the police garage until it can be properly decontaminated. In these
situations, an Incident Report will be submitted to the Shift Commander.
Disposal of Contaminated Materials: Disposable contaminated materials (i.e., gloves, paper towels, disinfectant
towelettes, bandages, protective masks and clothing, cleaning materials, etc.) shall be placed in approved
biohazard bags or containers. Biohazard bags containing contaminated materials can be given to the Fire
Department, Ambulance Crew, if on an EMS call, or placed in a biohazard container at the Police Department.
The department biohazard containers shall be checked weekly and, if needed, the contents taken to the New
Berlin Fire Department, where the contents can be placed in their biohazard container for disposal. Disposable
materials such as gloves, which have been used but not contaminated by blood or infectious materials, require
no special disposal considerations.
New Berlin Police
Department
Directives Manual
Issue Date:
02/13/15
Next Review Date:
12/31/15
Directive Title:
Blood borne Pathogen Exposure Control Plan
Total Pages:
Page 5 of 9
Directive Number:
2701
WILEAG Standards:
9. Miscellaneous Work Practice Controls
a. Open wounds and abrasions of all department personnel and prisoners shall be bandaged or effectively
covered. When dressing any open wound, disposable gloves shall be worn. Contact with wounds of
prisoners should be avoided as much as possible.
b. Employees should not put their fingers in or near the mouth of any conscious person unless necessary.
Officers utilizing protective gloves can, if need be, insert their fingers into the mouth of an unconscious
person in an attempt to clear a blocked airway. This action should be performed in accordance with
prescribed foreign body airway obstruction procedures.
c. Employees shall not smoke, eat, drink, handle contact lens, or apply makeup in any contaminated area
or when wearing protective gloves.
d. Suspects taken into custody with blood/body fluids on their persons, and not in need of medical
attention, shall be taken directly to the department lockup area for processing. Officers entering this
area shall be equipped with the protective gear dictated by the circumstances. Employees not involved
with processing the contaminated individual should not enter this area.
e. It is the responsibility of all supervisors to ensure that employees follow the aforementioned
"Engineering and Work Practice Controls" procedures. If an employee temporarily and briefly declines
to follow these procedures because it is in his/her judgment that in that particular instance it would
have posed an increased hazard to the employee or others, the supervisor shall investigate and
document the circumstances.
10. Supplies
a. All department work locations where occupational exposure can be reasonably anticipated shall have an
adequate amount of communicable disease control supplies and personal protective equipment stored
in a convenient location. Division Commanders shall be responsible for ensuring that complete
inventories of these supplies are maintained.
b. All police vehicles shall be continuously stocked with the following communicable disease control
supplies to include at a minimum:
i. Disposable gloves
ii. Barrier resuscitation equipment
iii. Face masks with eye protection
iv. Antiseptic towelettes or bactericidal wash
v. Approved biohazard disposal bags
vi. Impermeable gowns
c. Officers, prior to commencing their tour of duty, or as soon as feasible, shall check their assigned
department vehicles to ensure that they are stocked with these supplies. If such supplies are missing,
the officer shall either replace them or notify a supervisor about the needed items. The squad should
not be used until it has been properly equipped. Officers using these supplies are responsible for their
immediate replacement or for notifying a supervisor if the items cannot be replaced.
New Berlin Police
Department
Directives Manual
Issue Date:
02/13/15
Next Review Date:
12/31/15
Directive Title:
Blood borne Pathogen Exposure Control Plan
Total Pages:
Page 6 of 9
Directive Number:
2701
WILEAG Standards:
Hepatitis B Vaccination
General:
1. The City of New Berlin will make the Hepatitis B vaccination series available to all employees who have
occupational exposure (Category I Employees – Appendix B), and post-exposure follow-up to employees who
have had an exposure incident.
2. The City/Village shall ensure that all medical evaluations and procedures including the Hepatitis B vaccination
series and post exposure follow-up, including prophylaxis are:
a. Conducted within 24 hours of the exposure (immediately if HIV is of concern);
b. Made available at no cost to the employee;
c. Made available to the employee at a reasonable time and place;
d. Performed by or under the supervision of a licensed physician or by or under the supervision of another
licensed health care professional;
e. Provided according to the recommendations of the U.S. Centers for Disease Control and Prevention.
f. All laboratory tests shall be conducted by an accredited laboratory at no cost to the employee and shall
include testing for HIV, Hepatitis B and C. Testing will continue for 6 months to 1 year with exposure to
these diseases.
g. Testing of exposure source for HIV, Hepatitis B and C will be done, if the source is known and available
for testing.
h. Chemoprophylaxis using up to 3 drugs will be utilized if significant exposure to HIV has occurred.
Hepatitis B Vaccination:
1. The City of New Berlin is in charge of the Hepatitis B vaccination program.
2. Hepatitis B vaccination shall be made available after the employee has received the training in occupational
exposure (see information and training) and within 10 working days of initial assignment to all employees who
have occupational exposure unless the employee has previously received the complete Hepatitis B vaccination
series, antibody testing has revealed the employee is immune, or the vaccine is contraindicated for medical
reasons.
3. Participation in a pre-screening program shall not be a prerequisite for receiving Hepatitis B vaccination.
4. If the employee initially declines Hepatitis B vaccination but at a later date while still covered under the standard
decides to accept the vaccination, the vaccination shall then be made available
5. All employees who decline the Hepatitis B vaccination shall sign the OSHA required waiver indicating their
refusal.
6. If a routine booster dose of Hepatitis B vaccine is recommended by the U.S. Public Health Service at a future
date, such booster doses shall be made available.
HIV Post Exposure Prophylaxis
If a significant exposure occurs and the source individual is known HIV positive or has a history of high risk behaviors (IV
drug user, male having sex with male, multiple sex partners, etc…) then immediate post exposure follow-up is needed.
New Berlin Police
Department
Directives Manual
Issue Date:
02/13/15
Next Review Date:
12/31/15
Directive Title:
Blood borne Pathogen Exposure Control Plan
Total Pages:
Page 7 of 9
Directive Number:
2701
WILEAG Standards:
According to new CDC guidelines for post exposure prophylaxis, one to three medications can be prescribed by an
Infectious Disease Physician. Prophylaxis will be recommended for significant exposure but is not mandatory. The new
protocols must be initiated ASAP, preferably within two hours.
If the exposed worker consents to baseline blood collection for HIV, but does not give the consent for HIV testing, the
sample can be preserved for 90 days. If during that time, the employee gives written consent for HIV testing it will be
completed.
Hepatitis C Testing
There is no recommended prophylaxis. Follow up testing for HCV is done at 3, 6, and 12 months for those employees
exposed to Hepatitis C positive patients.
Exposure Incident Guidelines
All exposure incidents shall be reported, investigated, and documented.
1. Exposed Individual's Responsibilities
a. Report "exposure" incident as soon as feasible to a supervisor so that a Worker's Compensation
investigation and report can be initiated.
b. Obtain appropriate post-exposure medical treatment. The initial post-exposure medical evaluation
should be conducted at the Emergency Department of Waukesha Memorial Hospital, or whatever
treatment facility the “source individual” was transported to. Advise the Emergency Department
personnel that you are there for a "Determination of Exposure to Blood/Body Fluids." Follow-up
treatment will be recommended by the Emergency Department Physician.
c. Officers should take the Determination of Exposure to Blood/Body Fluids form, "Health Care
Professional Written Opinion Post Exposure Follow-Up Evaluation," and "Follow-Up of Employee
Exposure to Blood/Body Fluid" to the Emergency Room for the evaluation. These forms are to be
submitted with the Employee's Incident Report reference the incident.
d. During the follow-up visit, the attending physician completes the “Health Care Professional Written
Opinion Post Exposure Follow Up” form.
2. Supervisor’s Responsibility
a. Ensure that the employee reported to Waukesha Memorial Hospital and that necessary forms are
completed.
b. Fill out an "Employer's First Report of Injury or Disease", for any exposure incident. This should also
include the completion of the supervisor's supplement report.
c. Review the exposed officer’s narrative account of the exposure incident to ensure that it includes all
necessary information. In instances where the officer was not wearing personal protective equipment,
investigate to confirm that the failure to wear personal protective equipment was justified by
unexpected or uncontrollable circumstances.
d. Attempt to persuade the "source individual" to submit to testing for HBV and HIV. Document your
efforts and the results in your Incident Report. If the individual will not consent to the testing, the
New Berlin Police
Department
Directives Manual
Issue Date:
02/13/15
Next Review Date:
12/31/15
Directive Title:
Blood borne Pathogen Exposure Control Plan
Total Pages:
Page 8 of 9
Directive Number:
2701
WILEAG Standards:
Commander should be informed so that all legal options are explored (see Reference Wisconsin Statute
146.025(2)(a)). If the source individual consents to the testing, written consent should be obtained at
Waukesha Memorial Hospital, or whatever treatment facility the subject was transported to.
a. Review all paperwork and submit to the Shift Commander.
Medical Treatment: Following a report of an exposure incident, the Department shall make a confidential medical
examination and follow-up, including counseling, available to the Exposed Employee. The initial post-exposure
evaluation and follow-up treatment should be done at the Waukesha Memorial Hospital Emergency Department, or
whatever treatment facility the “source individual” was transported to. The follow up report of an exposure incident will
include at least the following:
1. Written documentation of the route of exposure and the circumstances under which the exposure
occurred.
2. Identification and documentation of the source individual, if possible, or unless it can be established
that identification is infeasible or prohibited by state or local law;
a. The source individual’s blood shall be tested as soon as feasible after consent is obtained in
order to determine HBV and HIV infectivity. If consent is not obtained, the department shall
establish that legally required consent cannot be obtained.
b. Results of the source individual’s testing shall be made available to the exposed employee only
after consent is obtained, and the employee shall be informed of applicable laws and
regulations concerning disclosure of the identity and infectious status of the source individual.
3. The exposed employee’s blood shall be collected as soon as feasible and tested after consent is
obtained. If the employee consents to baseline blood collection, but does not consent at the time for
HIV serological testing, the sample shall be preserved for at least 90 days. If within 90 days of the
exposure incident, the employee elects to have the baseline sample tested, such testing shall be done as
soon as feasible.
The department shall ensure that the following information is made available to the health care professional performing
the evaluation if requested:
1. A copy of 29 CFR 1910.1030.
2. A written description of the exposed employee's duties as they relate to the exposure incident.
3. Written documentation of the route of exposure and circumstances under which the exposure occurred
4. Results of the source individual's blood testing, if available.
5. All medical records relevant to the appropriate treatment of the employee including vaccination status.
The Department shall obtain and provide the Employee with a copy of the evaluating health care professional's written
opinion within 15 days of the completion of the evaluation reference forms signed by Health care Professional. The
written opinion for HBV vaccination shall be limited to whether HBV vaccination is indicated for an Employee, and if the
Employee has received such vaccination. The written opinion for post-exposure follow-up shall include the following
information:
1. A statement that the Employee has been informed of the results of the examination.
2. A statement that the Employee has been told about any medical conditions resulting from exposure to
blood or other potentially infectious materials which require further evaluation or treatment.
3. All other findings or diagnosis shall remain confidential and shall not be included in the written report.
New Berlin Police
Department
Directives Manual
Issue Date:
02/13/15
Next Review Date:
12/31/15
Directive Title:
Blood borne Pathogen Exposure Control Plan
Total Pages:
Page 9 of 9
Directive Number:
2701
WILEAG Standards:
Record Keeping
Employee's medical records shall be retained for the duration of an employee's employment period plus thirty (30)
years. Medical records shall include:
1. Employee's name and Social Security Number.
2. Copy of Employee's vaccination status.
3. Copies of all Exposure Incident Reports which include:
a. Summary of the occurrence.
b. Employee's name and Social Security Number.
c. Identification of the source individual.
d. Appropriate testing done.
e. Test results of the Employee and source individual if available.
f. Follow-up treatment/counseling as appropriate.
4. Training records shall be retained for three (3) years and be available to DILHR, Employees, and Employee
representatives. Training records shall include:
a. Date of training
b. Summary of content
c. Names and qualifications of instructors
d. Names of attendees.
Training and Education
New Employee orientation for Category I Employees will include:
1. Common infection control practices
2. Overall summary of "Universal Precautions"
3. Review of the OSHA Bloodborne Pathogen Standard
4. Discussion of exposure risks specific to the Employee's job classification
5. Review of the Department's "Exposure Control Plan"
6. A question and answer forum on the above topics.
An annual retraining will be provided for Category I Employees which will include a review of the New Employee
Orientation items, especially changes made reference infection control practices, personal protective equipment, the
exposure control plan, and post-exposure protocols.
New Berlin Police
Department
Directives Manual
Issue Date:
01/22/15
Next Review Date:
12/31/15
Directive Title:
Recruitment and Applicant Selection
Total Pages:
Page 1 of 1
Directive Number:
3101
WILEAG Standards:
3.1.1, 3.1.2, 3.2.1,
3.2.2
Purpose
The purpose of this order is to establish guidelines for the recruitment and selection of candidates to fill sworn
employment vacancies within the department.
Policy
The department strives to recruit and select the best candidates. To accomplish this, the department is dedicated to
attracting, assessing and selecting candidates that possess those values/skills that are consistent with our mission, goals
and objectives. The department complies with equal employment opportunity plans administered by the city Human
Resources Department. With the Police and Fire Commission, the Chief retains the authority to recruit and select the
best-qualified applicants.
Job Announcements
The department will post vacancies for sworn and positions on various websites and local newspapers. Job
announcement will contain the following information:
• Description of the duties, responsibilities, requisite skills, and educational level required.
• Starting pay range for new employees
• Deadline within which to file an application
Candidate Selection
The Chief of Police will be the authority responsible for selecting candidates to fill sworn vacancies on the department.
The Chief will make selections in accordance with current Police and Fire Commission rules.
Candidate Record Storage
All selection materials and applications will be stored in the secure Personnel File storage area. The materials and
applications will be stored in a locked cabinet. The Chief, Deputy Chief, and Administration Division Manager will be the
only department officials with access to the materials. The confidentiality of all applicants will be maintained by the
department.
New Berlin Police
Department
Directives Manual
Issue Date:
01/22/15
Next Review Date:
12/31/15
Directive Title:
Background Investigations and Medical
Exams
Total Pages:
Page 1 of 3
Directive Number:
3201
WILEAG Standards:
3.2.3, 3.2.5, 3.2.6
Purpose
The purpose of this directive is to establish guidelines for conducting background investigations on employment
candidates for the New Berlin Police Department and other departments within the City of New Berlin.
Policy
It is the policy of the New Berlin Police Department to hire qualified personnel. In order to accomplish this goal, the
department will conduct thorough background investigations on employment candidates.
Confidentiality
The New Berlin Police Department considers personal, medical, and financial information of current and prospective
employees as strictly confidential. This information shall be discussed exclusively within the background investigator’s
chain of command for the purpose of hiring and official business.
Background Investigation Guidelines
New Berlin Police Department Candidates: Investigation Division personnel will conduct background investigations on
New Berlin Police Department employment candidates. When directed by the Chief of Police, the Investigation Division
Commander will assign the character background to an investigator.
1. Character Background: The character background is authorized by the Chief of Police and consists of a thorough
background check. During the character background investigation, investigators shall not ask the candidate or
their references questions about the candidate’s medical history.
a. Personnel Evaluation Profile (PEP): The PEP is a pre-employment screening tool and should not be used
as the sole basis for making a hiring decision. The survey should only be administered by authorized
personnel (Investigation Division Commander or designee).
b. Authorization for Release of Information: The candidate will complete the “Authorization for Release of
Information” form which allows the New Berlin Police Department to access information from the
following sources:
i. Municipal, State, or Federal law enforcement agencies.
ii. Selective Service System.
iii. Any Financial Institution.
iv. Any previous employer.
v. Present employer.
vi. Any school, college, university, or other educational institution.
c. Authorization and Request for Release of Credit Information: The candidate completes the
“Authorization and Request for Release of Credit Information” form which allows the New Berlin Police
Department to access credit information from credit rating bureaus or institutions maintaining
individual credit rating files. The investigator shall fax or electronically submit the credit check to the
contracted credit bureau.
New Berlin Police
Department
Directives Manual
Issue Date:
01/22/15
Next Review Date:
12/31/15
Directive Title:
Background Investigations and Medical
Exams
Total Pages:
Page 2 of 3
Directive Number:
3201
WILEAG Standards:
3.2.3, 3.2.5, 3.2.6
d. Fingerprints and Photograph: Employment candidates shall be fingerprinted as a “WI Miscellaneous
Applicant”. “Law Enforcement Applicant” will then be selected under the Wisconsin Fingerprint Reason
Code. The fingerprint record shall be submitted to the Federal Bureau of Investigation. The investigator
will retrieve the fingerprint record from the following site within 30 days: http://wi-recordcheck.org.
e. Personal Information and Protected Data Questionnaire: The investigator shall supply the candidate
with the questionnaire and the “Required Documents” form during their initial meeting. The candidate
will be instructed to complete and return the questionnaire to the investigator along with the required
documents. The candidate shall sign the “Signature Page” and obtain notarization from a Records
Technician. The candidate shall be advised that any findings of untruthfulness or deception may be
cause for rejection or dismissal if appointed.
f. The investigator shall research the following sources as they pertain to the candidate:
i. Department of Motor Vehicle records.
ii. Crime Information Bureau records.
iii. Wisconsin Circuit Court Access Program, Lexis Nexis, and any other public information sites.
iv. Local Law Enforcement Agencies.
v. Current and previous employers.
vi. Educational Institutions, Campus Housing, Campus Security.
vii. Military Records.
viii. Family Members.
ix. Personal/Professional References.
x. Landlords.
xi. Current and previous neighbors.
xii. Social networking sites in accordance with current statutory requirements.
xiii. Any other relevant sources.
g. Candidate Interview: Once the candidate returns the “Personal Information” questionnaire and the
required documents, the investigator shall review the questionnaire and interview the candidate. All
discrepancies shall be discussed with the candidate.
h. Documentation: Upon completion of the Character Background, the investigator will document his/her
findings in a report. The report will be routed to the Chief through the investigator’s Chain of Command.
2. Medical Background
a. Once the Chief of Police offers the candidate a “Conditional Offer of Employment”, the Chief will direct
the investigator to begin the medical background.
b. The medical background should be assigned to the investigator who completed the character
background.
c. The medical background is the first time an investigator shall inquire about a candidate’s medical
history.
d. Medical Background Questionnaire: The investigator will supply the candidate with the “Medical
Background Questionnaire”. The candidate shall be instructed to complete and return the questionnaire
to the investigator.
e. Documentation: Upon completion of the Medical Background, the investigator will document his/her
findings in a report. The report will be routed to the Chief through the Investigator’s Chain of Command.
New Berlin Police
Department
Directives Manual
Issue Date:
01/22/15
Next Review Date:
12/31/15
Directive Title:
Background Investigations and Medical
Exams
Total Pages:
Page 3 of 3
Directive Number:
3201
WILEAG Standards:
3.2.3, 3.2.5, 3.2.6
Auxiliary Officer Candidates: Auxiliary Officer Candidates: Community Services Division personnel will conduct
background investigations on New Berlin Police Department Auxiliary Officer candidates. When directed by the Chief of
Police, the Community Services Division Commander will assign the background investigation to a Community Services
Officer. The Community Services Officer conducting the Character and Medical Background shall follow the same
instructions as detailed under section three, under procedure, for police department candidates. The Community
Services Officer may consult with an Investigation Supervisor during the background investigation.
Non-Police Department/City of New Berlin Employee Candidates: The Administrative Service Manager or designee will
conduct background investigations on non-police department/City of New Berlin Employee Candidates.
Medical/Psychological Testing
Once the Chief of Police offers the candidate a “conditional offer of employment”, the candidate will undergo a medical
examination by a licensed physician of the department’s choice. The purpose of this exam will be to determine the
general health status of the candidate. The department will pay the cost of the examination.
The candidate will also undergo a job related psychological examination by a licensed professional of the department’s
choice. The department will pay the cost of the examination.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
01/21/15
Next Review Date:
12/31/15
Commendations
Total Pages:
Page 1 of 4
Directive Number:
4101
WILEAG Standards:
4.1.1
Purpose
This order has been established to recognize department employees and citizens for acts of personal courage, or
initiative and effort that contribute to the betterment of the department.
Service Awards Committee
A Service Awards Committee will be established for an indefinite period of time, having the following members: Three
officers appointed by the Chief and three officers who are designated by the New Berlin Professional Police Association
to serve on the committee. The committee chairperson shall be designated by the Chief, and the committee shall meet
quarterly. If a committee member is nominated for an award, he/she shall be excused from the committee and replaced
by an officer appointed upon agreement between the Chief of Police and committee chairperson.
Nomination for Service Awards
Award nominations may come from any internal or external source. Nominations should be made on the Service Award
Nomination form and include a detailed account of the circumstances leading to the nomination. All nominations should
be made without delay and submitted to the Awards Committee Chairperson.
Notice of Awards approved by the Committee and Chief of Police will be placed in the employee’s personnel file by the
Chief of Police or his designee. The Award Notice is attached to this Order.
Service Awards
Medals and uniform pins for each of the award categories will be as noted in this order. All medals, and the
corresponding uniform pins, will be supplied by Blackinton and purchased from an authorized vendor. All ribbons will be
‘drape’ style. Uniform pins will be cab slide style.
Officers may receive service awards from other law enforcement agencies for actions taken while serving in another
community. The circumstances may arise from, but are not limited to Mutual Aid and shared SCIT responses. These
awards shall be acknowledged by the New Berlin Police Department and officers who receive an award from another
agency shall also receive the corresponding New Berlin Police Department award pin for uniform wear. Their name shall
be engraved on the appropriate Department awards plaque, identifying the agency giving recognition, and
documentation will be placed in the employee’s personnel file.
Service Award Ceremony
An annual Service Awards Ceremony will be held to honor the award recipients. This includes Employee Awards,
Volunteer/Auxiliary Officer Awards, and Citizen Awards. The ceremony will be arranged by the Chief of Police or his
designee, and the committee chairperson.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
01/21/15
Next Review Date:
12/31/15
Commendations
Total Pages:
Page 2 of 4
Directive Number:
4101
WILEAG Standards:
4.1.1
Service Award Categories
Service Award Categories shall consist of Employee Service Awards, Auxiliary Officer and Volunteer Service Awards, and
Citizen Service Awards. Volunteers serving as sworn officers for the Department shall be eligible for Employee Service
Awards.
Employee Service Awards
1. Medal of Honor: The Medal of Honor is awarded to an officer who risks his life in the face of known peril by
acting immediately without consideration for his personal safety to affect the safety of another.
Medal: A8365
Ribbon Color: RC-8 (Light blue/White/Light blue)
Pin: A7142 with corresponding ribbon color
2. Medal of Valor: The Medal of Valor is awarded to an officer who risks his life carrying out his duties in the face
of known peril when the situation might not demand an immediate and spontaneous act on his part.
Medal: A8365
Ribbon Color: R-27 (Red/White/Blue/White/Red)
Pin: A8709 with corresponding ribbon color
3. Combat Cross: The Combat Cross is awarded to an officer for the successful performance of extraordinary
heroism while engaged in personal combat with an armed adversary at imminent personal hazard of life in the
performance of duty.
Medal: A5499
Ribbon Color: RC-26 (Royal Blue/White/Royal Blue)
Pin: A7142 with corresponding ribbon color
4. Purple Heart: The Purple Heart is awarded to an officer who receives incapacitating injuries in effecting the
arrest of an armed or violent subject or while engaged in a life-saving attempt. (Pin and Medal).
Medal: A5499
Ribbon Color: RC-45 (Purple)
Pin: A7140 with corresponding ribbon color
5. Citation of Merit: The Citation of Merit is awarded to an employee who has performed duties with vigor and
initiative beyond that normally expected and who, by such devotion, materially contributed to the betterment
and improvement of the Police Department.
Medal: A1789
Ribbon Color: RC-30 (Gold/Royal Blue)
Pin: A7141 with corresponding ribbon color
6. Unit Citation: The Unit Citation is awarded to two or more members who perform an act or a series of acts over
a period of time which demonstrate a high degree of teamwork and professionalism and which result in the
attainment of departmental goals, thus increasing the department's effectiveness and efficiency. This award
may be presented alone or in addition to any other award. If it results from a particular incident, only those
personnel actually working at the time are eligible; if it results from a series of acts over a period of time, all
personnel assigned to the unit are eligible.
Medal: A2756
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
01/21/15
Next Review Date:
12/31/15
Commendations
Total Pages:
Page 3 of 4
Directive Number:
4101
WILEAG Standards:
4.1.1
Ribbon Color: RC-24 (White/Green/Red/Green/White)
Pin: A6265
7. Life Saving Award: The Life Saving Award is awarded to an employee who takes action that results in the saving
of a life of another person, who at the time was under imminent peril of death or great bodily harm.
Medal: A2084
Ribbon Color: RC-3 (Red/White/Blue)
Pin: A7141 with corresponding ribbon color
8. Commendation Award: The Commendation Award is awarded to an employee for an exemplary
act or accomplishment resulting from exceptional energy, alertness, initiative, determination, skill and/or
proficiency and exemplifies the traditions of police service.
Medal: A1789
Ribbon Color: RC-6 (White/Royal)
Pin: A7141 (White/Royal)
9. Letter of Commendation: The Letter of Commendation is awarded to an employee who deserves recognition for
an act or achievement that demonstrates his or her diligence and professionalism. No uniform pin is provided
for the Letter of Commendation.
Order of Precedence: Employees that have been awarded more than one service award will wear the uniform ribbons in
the following order of precedence:
Auxiliary Officer/Volunteer Service Awards
1. Medal of Valor: The Medal of Valor is awarded to an Auxiliary Officer or Volunteer who risks his life carrying out
his duties in the face of known peril when the situation might not demand an immediate and spontaneous act
on his part.
Medal: A4387 with ‘Medal of Valor’ panel
Ribbon Color: RC-17
Pin: A7140 with corresponding ribbon color
2. Combat Cross: The Combat Cross is awarded to an Auxiliary Officer or volunteer for the successful performance
of extraordinary heroism while engaged in personal combat with an armed adversary at imminent personal
hazard of life in the performance of duty.
Medal: A4387 with ‘Combat Cross’ panel
Ribbon Color: RC-46
Pin: A7140 with corresponding ribbon color
3. Purple Heart: The Purple Heart is awarded to an Auxiliary Officer or Volunteer who receives incapacitating
injuries in effecting the arrest of an armed or violent subject or while engaged in a life-saving attempt.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
01/21/15
Next Review Date:
12/31/15
Commendations
Total Pages:
Page 4 of 4
Directive Number:
4101
WILEAG Standards:
4.1.1
Medal: A4387 with ‘Purple Heart’ panel
Ribbon Color: RC-45
Pin: A7140 with corresponding ribbon color
4. Citation of Merit: The Citation of Merit is awarded to an Auxiliary Officer or Volunteer who has performed
duties with vigor and initiative beyond that normally expected and who, by such devotion, materially
contributed to the betterment and improvement of the Police Department.
Medal: A4387 with ‘Merit’ panel
Ribbon Color: RC-7
Pin: A7140 with corresponding ribbon color
5. Life Saving Award: The Life Saving Award is awarded to an Auxiliary Officer or volunteer who takes action that
results in the saving of a life of another person, who at the time was under imminent peril of death or great
bodily harm.
Medal: A4387 with ‘Lifesaving’ panel
Ribbon Color: RC-1
Pin: A7140 with corresponding ribbon color.
6. Commendation Award: This award may be presented to an Auxiliary Officer or Volunteer who has materially
aided the department or its officers in some way. This includes assistance in the solution of crime or the
apprehension of criminals, aiding an officer in the field in a critical situation, and cooperation with or assistance
to the department as a whole in any aspect of the department’s administration or operations.
Medal: A4387 with ‘Commendation’ panel
Ribbon Color: RC-5
Pin: A7140 with corresponding ribbon color.
Citizen Service Awards
1. Citizen Medal of Valor: Awarded to private citizens for acts of exceptional bravery performed at a very high risk
to their own lives with full awareness of the danger involved.
Medal: A4118 with ‘Valor’ panel
Ribbon Color: RC-21 (Light blue/White)
2. Citizen Lifesaving Award: Awarded to private citizens whose actions directly contribute to saving or significantly
prolonging human life.
Medal: A768 with ‘Lifesaving’ panel
Ribbon Color: RC-21 (Light blue/White)
3. Citizen Commendation: This award may be presented to any person who is not a member of the department,
but who has materially aided the department or its officers in some way. This includes assistance in the solution
of crime or the apprehension of criminals, aiding an officer in the field in a critical situation, and cooperation
with or assistance to the department as a whole in any aspect of the department’s administration or operations.
Medal: A4118 with ‘Commendation’ panel
Ribbon Color: RC-21 (Light blue/White)
New Berlin Police
Department
Directives Manual
Issue Date:
01/23/15
Next Review Date:
12/31/15
Directive Title:
Disciplinary Systems
Total Pages:
Page 1 of 4
Directive Number:
4201
WILEAG Standards:
4.2.1, 4.2.2, 4.2.3,
4.2.4
Purpose
This directive establishes the disciplinary system that the department will follow when dealing with personnel
complaints initiated either by a citizen or internally by another employee.
Policy
The department is committed to thoroughly, fairly, and impartially investigating all personnel complaints. In addition,
the department is committed to the fair administration of discipline or corrective action that is taken pursuant to a
sustained personnel complaint.
Definitions
Administrative Leave: A paid leave that is not disciplinary in nature. Administrative leave is used to protect the
employee, the department and the public allowing the department to fully investigate personnel complaints. Employees
placed on Administrative Leave will notify their Shift/Division Commander of their whereabouts and will be available to
return to full duty. Any supervisor has the authority to place an employee on Administrative Leave. The relieving
supervisor will immediately notify the Chief of Police that he/she has placed an employee on Administrative Leave and
provide the Chief with the circumstances of the event. The relieving supervisor will notify the employee that the Chief of
Police will contact him/her in the near future to set up a meeting. At that time, the Chief of Police will determine the
continued duty status of the employee during the investigation.
Counseling: A consultation between a supervisor and subordinate employee. The goal of counseling is to provide
guidance to the employee to correct a minor deficiency in performance. Counseling may also be used for very minor rule
violations. A counseling notice will be issued to the officer outlining the performance deficiency/rule violation and what
the officer should do to improve. The counseling notice will remain in an officers shift evaluation folder for one year and
then be removed.
Demotion: A reduction in position or rank by order of the Chief of Police with approval of the Police and Fire
Commission.
Dismissal: Discharge or termination of employment by order of the Chief of Police with approval of the Police and Fire
Commission.
Documented Verbal Warning: A verbal warning for a performance deficiency/rule violation that is documented by
order of the Chief of Police. The verbal warning is documented to ensure an appropriate record is made of the verbal
warning. Documented verbal warnings will be issued to the officer, and a copy will be placed and permanently retained
in the officer’s personnel file.
Suspension: A loss of duty time and pay by order of the Chief of Police with approval of the Police and Fire Commission.
The employee will receive a written order of suspension detailing the performance deficiency/rule violation that the
New Berlin Police
Department
Directives Manual
Issue Date:
01/23/15
Next Review Date:
12/31/15
Directive Title:
Disciplinary Systems
Total Pages:
Page 2 of 4
Directive Number:
4201
WILEAG Standards:
4.2.1, 4.2.2, 4.2.3,
4.2.4
employee committed, the length of the suspension and the date that the suspension will begin and end. A copy of the
order of suspension will be placed and permanently retained in the employee’s personnel file.
Written Warning: A warning for a performance deficiency/rule violation issued by order of the Chief of Police. A written
warning is more serious than a documented verbal warning. The employee will receive a written notice of the
performance deficiency/rule violation that has prompted the written warning. A copy of the written warning will be
placed and permanently retained in the employee’s personnel file.
Criteria for discipline
All forms of discipline will be administered in accordance with State Statutes, with specific attention being paid to the
safeguards outlined in Chapters 164 and 62.13(5)(em).
Counseling: Counseling may be used for very minor performance deficiencies, procedural complaints and minor
complaints. Before counseling an employee, the investigating supervisor will gather as much information as possible
about the alleged violation. The supervisor will consider the employee’s record with the department, length of service
and any other pertinent factors when deciding to counsel an employee.
All supervisors are authorized to use counseling as a disciplinary technique.
If a supervisor uses counseling as a disciplinary technique, the supervisor will provide the counseled employee with
written notification of the reason for the counseling and what the employee should do differently to avoid further
discipline. The employee will be told that he/she has no appeal or hearing rights when counseling is used. An email will
suffice for written notification.
Documented Verbal Warning: A documented verbal warning may be used for minor performance deficiencies,
procedural complaints and minor complaints. A documented verbal warning is a more serious form of discipline than is
counseling. Supervisors will follow the guidelines established in Directive 1901 when investigating allegations of
misconduct that may result in a documented verbal warning.
Shift/Division Commanders may issue documented verbal warnings by order of the Chief of Police.
If a Shift/Division Commander issues a documented verbal warning as a disciplinary technique, the Shift/Division
Commander will provide the employee with written notification of the reason for the documented verbal warning and
what the employee should do differently to avoid further discipline. The written notice of a documented verbal warning
will contain a specific warning that continuation of the behavior that resulted in the documented verbal warning may
result in further discipline, up to and including dismissal. The employee will be told that he/she has no appeal or hearing
rights to the documented verbal warning.
Written Warning: A written warning may be used for minor performance deficiencies, procedural complaints and minor
complaints. A written warning is a more serious form of discipline than a documented verbal warning. Supervisors will
New Berlin Police
Department
Directives Manual
Issue Date:
01/23/15
Next Review Date:
12/31/15
Directive Title:
Disciplinary Systems
Total Pages:
Page 3 of 4
Directive Number:
4201
WILEAG Standards:
4.2.1, 4.2.2, 4.2.3,
4.2.4
follow the guidelines established in Directive 1901 when investigating allegations of misconduct that may result in a
written warning.
Shift/Division Commanders may issue a written warning by order of the Chief of Police.
If a Shift/Division Commander issues a written warning as a disciplinary technique, the Shift/Division Commander will
provide the employee with written notification of the reason for the written warning and what the employee should do
differently to avoid further discipline. The notice of a written warning will contain a specific warning that continuation of
the behavior that resulted in the written warning may result in further discipline, up to and including dismissal. The
employee will be told that he/she has no appeal or hearing rights to the written warning.
Suspension: Suspension may be used for continued performance deficiencies, procedural complaints, and minor
complaints. Suspension may also be used for serious complaints of misconduct. Supervisors will follow the guidelines
established in Directive 1901 when investigating allegations of misconduct that may result in a suspension.
Only the Chief of Police, with approval of the Police and Fire Commission, may issue a suspension. The Chief of Police
will use his/her best judgment in determining if a suspension is the appropriate level of discipline.
If the Chief of Police uses a suspension as a disciplinary technique, the Chief of Police will provide the suspended
employee with written notification of the reason for the suspension, length of the suspension, beginning and end date
of the suspension and what the employee should do differently to avoid further discipline. The written notice of
suspension will contain a specific warning that continuation of the behavior that resulted in the suspension may result in
further discipline, up to and including dismissal. The written notice of suspension will inform the employee of his/her
right to appeal the suspension and request a hearing before the Police and Fire Commission.
Demotion: Demotion may be used for serious complaints of misconduct. Supervisors will follow the guidelines
established in Directive 1901 when investigating allegations of misconduct that may result in a demotion.
Only the Chief of Police, with approval of the Police and Fire Commission, may demote an employee. The Chief of Police
will use his/her best judgment in determining if a demotion is the appropriate level of discipline.
If the Chief of Police uses a demotion as a disciplinary technique, the Chief of Police will provide the demoted employee
with written notification of the reason for the demotion, beginning date of the demotion and what the employee should
do differently to avoid further discipline. The written notice of demotion will contain a specific warning that
continuation of the behavior that resulted in the demotion may result in further discipline, up to and including dismissal.
The written notice of demotion will inform the employee of his/her right to appeal the demotion and request a hearing
before the Police and Fire Commission.
Suspension and Demotion: A combination of suspension and demotion will only be used for serious complaints of
misconduct.
Only the Chief of Police, with approval of the Police and Fire Commission, may suspend and demote an employee.
New Berlin Police
Department
Directives Manual
Issue Date:
01/23/15
Next Review Date:
12/31/15
Directive Title:
Disciplinary Systems
Total Pages:
Page 4 of 4
Directive Number:
4201
WILEAG Standards:
4.2.1, 4.2.2, 4.2.3,
4.2.4
The Chief of Police will follow the same guidelines for suspension and demotions when he/she decides to use a
combination of the two.
Dismissal: Dismissal will only be used for serious complaints of misconduct.
Only the Chief of Police, with approval of the Police and Fire Commission, will dismiss an employee. The Chief of Police
will use his/her best judgment in determining if dismissal is the appropriate level of discipline.
If the Chief of Police dismisses an employee, the Chief of Police will provide the employee with written notification of
dismissal. The written notice of dismissal will include the reason for dismissal and the effective date of the dismissal.
The written notice of dismissal will inform the employee of his/her right to appeal the dismissal and request a hearing
before the Police and Fire Commission.
Disciplinary Records
With the exception of a Counseling notice, the written notice of any disciplinary action will be maintained in the
individual employee personnel file. Personnel files are only accessible by the Chief of Police, Deputy Chief of Police, and
Administration Division Manager. Employees may request to view their personnel file at least twice a year. Employees
desiring to view their personnel file will set up an appointment with the Chief of Police.
The investigative records of all disciplinary cases will be maintained in a locked cabinet in the Administration Division.
Only the Chief of Police, Deputy Chief of Police, and Administration Division manager will have access to that cabinet.
The Administration Division Manager will maintain an index of discipline, by violation type, in a locked cabinet. All
supervisors may access this file when conducting an investigation.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
01/23/15
Next Review Date:
12/31/15
Use of Force
Total Pages:
Page 1 of 4
Directive Number:
5101
WILEAG Standards:
5.1.1, 5.1.2, 5.1.3,
5.1.4
Purpose
The purpose of this policy is to provide officers with guidance on the use of deadly and non-deadly force.
Policy
It is the policy of the department that officers will use only the amount of force that is reasonably necessary to control a
person or to defend himself or herself or another person from an imminent threat. The use of force must be objectively
reasonable. The officer must use only that force which a prudent officer would use under the same or similar
circumstances.
Definitions
Deadly Force: The intentional use of a firearm or other instrument, the use of which would result in the high probability
of death.
Non-deadly Force: The use of force, which does not have a high probability of resulting in death. This includes any
physical effort used to control or restrain a person, or to overcome a person’s physical resistance.
Imminent Threat: An imminent threat is a threat that an officer reasonably feels is about to happen. To meet the
criterion of “imminent threat”, the person whom the officer is intending to use deadly force against must have all of the
following:
a. A weapon capable of inflicting great bodily harm or death (conventional or unconventional weapon);
b. A displayed or indicated intent to cause great bodily harm or death to the officer or another person;
c. A delivery system for utilizing the weapon, or the capacity for utilizing the weapon.
Great Bodily Harm: A bodily injury which creates a substantial risk of death, or which causes serious, permanent
disfigurement, or which causes permanent or protracted loss or impairment of the function of any bodily member or
organ or other serious bodily injury.
Active Resistance: Behavior which physically counteracts an officer’s control efforts and which creates a risk of bodily
harm to the officer, subject, and/or other persons.
Standards
State Statutes 939.45 and 939.48 establish standards for police use of force. The department trains officers to use force
consistent with these standards.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
01/23/15
Next Review Date:
12/31/15
Use of Force
Total Pages:
Page 2 of 4
Directive Number:
5101
WILEAG Standards:
5.1.1, 5.1.2, 5.1.3,
5.1.4
The reasonableness of an officer’s use of force will be judged in the light of the totality of circumstances presented to
the officer. An officer’s use of force must be “objectively reasonable”. Factors that officers will consider to establish the
objective reasonableness of their actions include:
a. The severity of the alleged crime at issue;
b. Whether the suspect poses an imminent threat to the safety of the officer or others;
c. Whether the suspect is actively resisting or attempting to evade arrest by flight.
Defensive and Arrest Tactics System: The State of Wisconsin has developed the Defensive and Arrest Tactics (DAAT)
system. This is a system of verbalization skills coupled with physical alternatives. All officers will be trained in the DAAT
system. The DAAT system will serve as a guide to officers using force against another person. The department
understands that the extreme stress of a forceful confrontation has many psychological and physical effects on an
officer and as a result, the force used by an officer may not follow the constraints of the DAAT system. The
reasonableness of an officer’s actions will be judged in light of the totality of the circumstances facing the officer.
Deadly Force
An officer may use deadly force:
a. When the officer reasonably believes that he/she faces an imminent threat of death or great bodily harm.
b. When the officer reasonably believes that another person is facing an imminent threat of death or great bodily
harm.
c. To prevent the escape of a suspect in any situation where the officer has probable cause to believe that the
suspect poses a significant threat of death or great bodily harm to the officer or another person. Where
practicable prior to discharge of the firearm, the officer should identify himself/herself as a law enforcement
officer and state their intent to shoot.
Special Considerations on the use and carrying of firearms:
a. Except for maintenance, inspection or during training, officers shall not draw or exhibit their firearm unless
circumstances create reasonable cause to believe that it may be necessary to use the weapon.
b. Warning shots are not permitted and shall not be used.
c. Target specific directed fire is defined as purposeful, controlled, sustained fire directed at a perpetrator who has
caused or imminently threatens to cause death or great bodily harm to you or others, but whom you may not be
able to clearly observe. The purpose of target-specific directed fire is to stop the threat when no other
reasonable course of action would allow officers to perform a rescue, escape from danger, or otherwise prevent
death or great bodily harm. Before using target-specific directed fire, officers must meet the imminent threat
criteria (intent, weapon, delivery system) and preclusion requirement. Officers must achieve target acquisition,
identification, and isolation, or else satisfy the greater danger exception, before shooting.
d. Officers will respect citizen’s rights to openly carry a weapon, and legally carry a concealed weapon. Officers
must consider the totality of circumstances present and whether or not a person is presenting a threat to the
officer or someone else before deciding on using their firearm to control a person that is openly carrying a
weapon, or legally carrying a concealed weapon.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
01/23/15
Next Review Date:
12/31/15
Use of Force
Total Pages:
Page 3 of 4
Directive Number:
5101
WILEAG Standards:
5.1.1, 5.1.2, 5.1.3,
5.1.4
e. All sworn personnel must receive a copy of this directive, and demonstrate their understanding, before being
authorized to carry a firearm.
Use of Vehicles: Due to the high probability of death to a fleeing driver and his/her passenger(s), force to stop
techniques, like firearms, are applications of deadly force and are governed by this directive. Force to stop techniques
include full roadblocks, intentional vehicular contact at high speeds and moving roadblocks at high speeds. Force to stop
techniques will only be used when deadly force is justified.
Destruction of animals: Officers may use deadly force to destroy an animal if:
a. The animal presents a threat of bodily harm to the officer or someone else and deadly force is the only option
available to stop the animal.
b. A wild animal is gravely injured and deadly force is necessary to prevent further suffering of the wild animal. A
domestic animal is an exception.
Use of Less Lethal weapons
1. X-26P Taser: The X-26P Taser is an Electronic Control Device. Patrol Officers who are trained in the use of the X26P Taser are authorized to carry and use it. Officers may consider using a Taser when they are faced with either
active resistance, or the threat of active resistance. The X-26P will be used in accordance with department
procedures.
2. Oleoresin Capsicum (O.C.): Oleoresin Capsicum is an aerosol irritant that is used when officers face active
resistance or the threat of active resistance. Officers who are trained in the DAAT system are authorized to carry
O.C.
3. Police Baton: The police baton is an intermediate weapon that is used to impede a subject, preventing him or
her from continuing resistive, assaultive, or otherwise dangerous behavior. Officers who are trained in the DAAT
system are authorized to carry a baton.
4. Specialty Impact Munitions (SIM): Specialty Impact Munitions are flexible or non-flexible projectiles, which are
intended to impede a subject. SIMs has less of a potential to cause death or great bodily harm than regular
munitions. The department recognizes that combative, non-compliant, armed and/or violent subjects cause
handling and control problems that may require special equipment. SIMs is appropriate for use when officers
are confronted with these types of situations. Only officers who have been trained in the use and deployment of
SIMs shall be authorized to utilize them. Officers who deploy SIMs will notify a supervisor as soon as possible.
SIMs will be used in accordance with department procedures.
Restraining Devices
Handcuffs: All persons who have been arrested will be handcuffed behind their back and the handcuffs will be safety
locked. In instances where a medical or physical problem precludes an officer from handcuffing a person behind his/her
back, officers may handcuff the person in front, securing the handcuffs to a belly chain or belt. Officers should obtain
permission from a supervisor before using this option.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
01/23/15
Next Review Date:
12/31/15
Use of Force
Total Pages:
Page 4 of 4
Directive Number:
5101
WILEAG Standards:
5.1.1, 5.1.2, 5.1.3,
5.1.4
Officers may handcuff a person who is not under arrest if the officer reasonably feels that the person is, or may soon
become, a threat to the officer. When an officer handcuffs a person for safety reasons and the person is not under
arrest, the officer will write an incident report detailing the circumstances that lead to the officer fearing for his/her
safety, and the actions that the officer took.
Ripp Restraints and Leg Irons: If officers handcuff a person who is still combative and is kicking, leg irons may be
applied to prevent the person from kicking any officers. In the event that officers are dealing with a person that
continues to resist, officers may utilize “soft restraints” such as the Ripp Restraint Sit Belt in conjunction with the Ripp
Restraint Hobble to prevent continued resistance. A person that is restrained in this manner will be constantly
monitored.
Emergency Restraint Chair: For persons that are extremely violent, or are exhibiting self destructive behavior, officers
may restrain the person in the Emergency Restraint Chair. Officers will secure a person in the Emergency Restraint Chair
according to their training and department procedures.
New Berlin Police
Department
Directives Manual
Issue Date:
01/26/15
Next Review Date:
12/31/15
Directive Title:
Use of Force – Rendering Aide
Total Pages:
Page 1 of 1
Directive Number:
5201
WILEAG Standards:
5.2.1
Purpose
This directive outlines the requirements to provide medical aid after force has been used against a person.
Policy
It is the policy of the department that officers will render aid after they have used force against another person.
Rendering Aide
Focused Strikes: When an officer uses a focused strike against another person, the officer will attempt to determine if
the person is injured as soon as safely possible. If the person is injured, or requests medical assistance, the officer will
summon an ambulance.
O.C.: Whenever an officer uses O.C. against another person, the officer will provide medical assistance and will summon
an ambulance to medically evaluate the person. If available, the officer may provide the person with water to begin
flushing the O.C. from the person’s eyes.
Emergency Restraint Chair: Whenever a person is placed in the Emergency Restraint Chair, officers will constantly
monitor the person for any obvious signs of medical distress.
Electronic Control Device: Whenever an Electronic Control Device is used against a person, the officer will provide
medical assistance and will summon an ambulance to medically evaluate the person. Officers may remove probes that
are imbedded in non-sensitive areas. Officers will not remove probes that are imbedded in the person’s face, neck, and
groin. Male officers will not remove probes from a female’s breasts. If a female officer is available, she may remove
probes from another female’s breasts. Officers will remove ECD probes in accordance with their training.
Specialty Impact Munitions (SIM): Whenever an officer uses SIMs against a person, the officer will provide medical
assistance and will summon an ambulance to medically evaluate the person.
Lethal force: Whenever an officer uses lethal force against another person, the officer, if able, will provide medical
assistance and will summon an ambulance to medically assist the person.
In all instances where medical aid is provide to a person after any level of force has been used, an officer will stay with
the person. The officer will maintain control of the person at all times until relieved of this responsibility. After any
medical aid has been rendered to a person, officers will continue to observe the person for any obvious changes that
may indicate the person is in medical distress.
New Berlin Police
Department
Directives Manual
Issue Date:
01/26/15
Next Review Date:
12/31/15
Directive Title:
Use of Force – Reporting and Review
Total Pages:
Page 1 of 3
Directive Number:
5301
WILEAG Standards:
5.3.1, 5.3.2, 5.3.3
Purpose
This policy will provide officers and supervisors with guidelines for reporting uses of force.
Policy
It is the policy of the department that uses of force, as specified in this directive, will be promptly reported.
Reporting Requirements
Officers will prepare a written report anytime they:
• Use a Control Alternative (compliance holds, O.C., Taser, passive countermeasures) other than an escort hold
• Use a Protective Alternative (active countermeasures, incapacitating techniques, baton, SIM)
• Use Deadly Force. An officer’s report will be prepared consistent with the department’s Officer Involved
Shooting directive.
• Discharge a firearm, except during training.
• Point a firearm at another person.
• Witness any of the above types of force being used against another person.
In addition, officers will write a report anytime their actions result in, or are alleged to have resulted in, injury or death
of another person.
Reporting Responsibilities
Officers: Anytime an officer uses a level of force as listed above and has stabilized the incident, the officer will:
1. Immediately notify his/her supervisor that he/she has used a level of force against a person.
2. Once the supervisor arrives on scene, the officer will make a verbal report to his/her supervisor explaining the
details of what occurred.
3. All officers involved in a use of force incident will prepare a written report describing the actions of the person
that necessitated the use of force, the reasons why the officer used force, the level of resistance encountered,
as well as any complaints of injury, medical treatment received, or refusal of medical treatment. The written
report for a use of force incident that involves no injuries or minor injuries will be completed before the end of
the officer’s shift.
4. If the force used resulted in great bodily harm or death, the involved officer(s) will not be required to write a
report immediately. Instead, they will be treated as victims, and allowed at least 2 sleep cycles before being
required to complete their written report.
5. When completing a written report, officers will ensure that all pertinent information for the “Use of Police
Force” tab in ProPhoenix is completed.
6. Whenever possible, officers that use force against another person should not be required to transport that
person to either the hospital or jail. Uninvolved officers should conduct any transports. The officer(s) that used
force will inform the transporting officers of any injuries and/or medical treatment rendered or still needed.
New Berlin Police
Department
Directives Manual
Issue Date:
01/26/15
Next Review Date:
12/31/15
Directive Title:
Use of Force – Reporting and Review
Total Pages:
Page 2 of 3
Directive Number:
5301
WILEAG Standards:
5.3.1, 5.3.2, 5.3.3
Supervisors: Whenever a supervisor learns that an officer has used any of the above listed levels of force, the supervisor
will:
1. Immediately respond to the scene.
2. Once on scene, the supervisor will assist to stabilize the scene. The supervisor will ensure that medical
treatment is being provided to any injured subjects.
3. The supervisor will gather a verbal report from all officers that used force. The supervisor should be aware that
officer’s verbal reports may be vague and incomplete due to the stress of the incident they were just involved in.
If the supervisor is unable to gather even a simple verbal report from the officer, the supervisor should take
steps to ensure the medical safety of the officer due to the extreme stress he/she has just sustained.
4. Once the supervisor has gathered a verbal report from the officer(s), he/she will identify/interview any
witnesses. The supervisor is not conducting an investigation for the officer involved. Rather, the supervisor is
conducting an investigation to determine whether the officer’s use of force was justified and in accordance with
department directives.
5. If necessary, take steps to ensure that the scene of the incident is properly documented (photographed,
measured, reconstructed, etc.).
6. If the force used resulted in the serious injury or death of another person, the supervisor will immediately notify
the Shift Commander.
7. The supervisor will complete a written report detailing:
a. The circumstances of the incident;
b. Information learned from officer’s reports, witness statements, and suspect statements;
c. A summary of his findings, which will be forward to the Chief of Police through the chain of command.
8. The supervisor will ensure that a copy of his/her report is routed to the Shift Commander and Training Division
Sgt for review.
Removal from duty
Any officer that uses a level of force that results in great bodily harm or death to another person will be placed on
Administrative Leave. The officer will remain on Administrative Leave while the incident is investigated. During the
Administrative Leave, the department will take steps to ensure and maintain the medical and psychological health of the
officer.
An officer may request Administrative Leave if he/she is having trouble coping with the aftermath of using force on
another person. The Chief of Police has the discretion to place the officer on Administrative Leave and make counseling
services available to the officer.
Once the investigation into the incident that resulted in serious injury or death to another person is completed, the
officer will be notified of the results. If the force used is determined to be justified, the officer, if medically and
psychologically able, will be returned to full duty status.
New Berlin Police
Department
Directives Manual
Issue Date:
01/26/15
Next Review Date:
12/31/15
Directive Title:
Use of Force – Reporting and Review
Total Pages:
Page 3 of 3
Directive Number:
5301
WILEAG Standards:
5.3.1, 5.3.2, 5.3.3
Use of Force Review
The Shift/Division Commander of the officer(s) that used force against a person will review all of the investigative
reports. The goals of the Shift/Division Commander’s review will be:
1. To determine if the force used by the officer(s) was justified and in accordance with the department’s Use of
Force directive.
2. To determine any evident trends with the officer(s) that has used force.
3. To identify any training/equipment needs.
Once the Shift/Division Commander has completed his/her review, he/she will forward the findings of the review to the
Chief of Police through the chain of command.
At least once a year, the Training Division will use the department’s record management software to review each
officer’s uses of force. The aim of this review will be to identify any negative trends that may indicate a problem with an
officer’s uses of force. Should a negative trend be identified, the Training Division may identify additional training or
remediation for the identified officer.
Deadly Force Review Board
In the event that an officer uses deadly force, whether or not that deadly force results in any injury or death of another
person, the Chief of Police shall convene a Deadly Force Review Board. The Deadly Force Review Board will consist of:
1. Deputy Chief of Police
2. Shift/Division Commander of the involved officer
3. A training instructor with certifications associated with the type of force that was used.
4. The officer’s immediate supervisor, unless that supervisor was involved in the incident, at which time an
alternate Sergeant will be appointed.
5. An officer of equal rank as the officer that used deadly force.
The Deadly Force Review Board will review:
1. How did the incident occur?
2. Were the involved officer(s) actions performed in accordance with department directives?
3. Were the involved officer(s) actions
a. Accidental
b. Intentional
c. Negligent
4. Were the involved officer(s) actions consistent with department training?
5. Was the supervision adequate?
A report from the Deadly Force Review Board will be forwarded to the Chief of Police with one of the following
recommendations:
1. The officer(s) actions were in compliance with department directives, procedures and training.
2. The officer(s) actions were not in compliance with department directives, procedures and training.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/06/15
Next Review Date:
12/31/15
Excited Delirium
Total Pages:
Page 1 of 3
Directive Number:
5401
WILEAG Standards:
Purpose
This directive provides guidance and direction in the handling of individuals who may appear to officers and others to be
in a state of excited delirium. The coordinated activities and responsibilities identified in this directive are designed to
enhance the response to incidents involving excited delirium.
Policy
Rapid control of the subject and transfer to the care of emergency medical providers should be the primary objectives of
officers unless other action is necessary in order to protect officers or others. Persons exhibiting symptoms of excited
delirium should be considered to be in a state of medical emergency that could result in sudden death.
Definitions
Excited Delirium: A medical disorder generally characterized by observable behaviors including extreme mental and
physiological excitement, intense agitation, hyperthermia often resulting in nudity, hostility, exceptional strength,
endurance without apparent fatigue, and unusual calmness after restraint accompanied by a risk of sudden death.
Guidelines
1. Initial Call
1. Calls associated with excited delirium often include descriptions by complainants of wild, uncontrollable
physical action and hostility that comes on rapidly.
2. When information suggests a person may be suffering from excited delirium, a sufficient number of
officers to physically control the subject should respond together with New Berlin Fire Department
paramedics, all of whom should be alert to the possibility that the call may involve excited delirium.
3. A supervisor will respond to the call to coordinate the police response.
2. Assessment: Officers should be aware of specific signs and symptoms that may indicate a person is in a state
of excited delirium:
1. Constant or near constant physical activity
2. Irresponsiveness to police presence
3. Nakedness/inadequate clothing that may indicate “self-cooling” attempts
4. Elevated body temperature/hot to touch
5. Rapid breathing
6. Profuse sweating
7. Extreme aggression or violence
8. Making unintelligible, animal-like noises
9. Insensitivity to/extreme tolerance of pain
10. Excessive strength (out of proportion)
11. Lack of fatigue despite heavy exertion
12. Screaming and incoherent talk
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/06/15
Next Review Date:
12/31/15
Excited Delirium
Total Pages:
Page 2 of 3
Directive Number:
5401
WILEAG Standards:
13. Paranoid or panicked demeanor
14. Attraction to bright lights/loud sounds/glass or shiny objects
3. Control: Physical control must be affected as quickly as possible to minimize the intensity and duration of
resistance and struggle, which are often direct contributors to sudden death.
1. When responding to a call involving possible excited delirium, officers should do the following:
a. Eliminate unnecessary emergency lights and sirens.
b. Ensure that an adequate number of backup officers have been dispatched to affect rapid control
of the suspect.
c. Ensure that EMS is on the scene or en route. Where possible, EMS should be on site when
subject control is initiated.
2. When the individual is responsive to verbal commands, one officer should approach the subject and
employ verbal techniques to help reduce his or her agitation before resorting to the use of force. The
officer should
a. Not rush toward, become confrontational, verbally challenge, or attempt to intimidate the
subject, as he or she may not comprehend or respond positively to these actions and may
become even more agitated or combative;
b. Ask the subject to sit down, which may have a calming effect, and be prepared to repeat
instructions or questions.
3. Pepper spray, impact weapons, and electronic control devices (ECDs) used in drive stun mode are
normally ineffective due to the subject’s elevated threshold of pain.
4. If an ECD is used in probe mode, the officer shall energize the suspect no longer than necessary to
overcome resistance. The subject should be handcuffed while still under the effects of the ECD.
5. Officers should use only those restraints that appear necessary to control the situation and only for the
period of time required.
6. When restrained, officers should position the subject in a manner that will assist breathing, such as
placement on his or her side, and avoid pressure to the chest, neck, or head.
7. As soon as safely possible, officers should have EMS personnel check on and monitor the medical status
of the person.
8. If the subject becomes calm and breathing is not labored shortly during or after the application of
restraints while officers are still gasping for air, it may be an indication that the subject is in jeopardy and
requires immediate medical attention to avoid cardiac arrest.
9. Individual officers who encounter persons exhibiting symptoms of excited delirium should adhere to the
following guidelines.
a. When there is no apparent threat of immediate injury to the subject or others, the officer
should not attempt to take physical control of the subject. This would likely precipitate a
struggle and exacerbate the subject’s physical and emotional distress. The officer should wait
for backup and EMS assistance before attempting to control the subject.
b. If the subject poses a threat of death or serious bodily injury to the officer, others, or to him or
herself, the officer should use a reasonable level of force to restrain and control the subject.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/06/15
Next Review Date:
12/31/15
Excited Delirium
Total Pages:
Page 3 of 3
Directive Number:
5401
WILEAG Standards:
10. Emergency Medical Response: As soon as control is obtained, pre-staged EMS personnel should
examine the subject and provide emergency medical aid as necessary. Whenever possible, an officer
should accompany the subject to the hospital for security purposes and to provide assistance as
necessary.
4. Documentation and Review: Officers will document their use of force to restrain a person in accordance with
department directive 5101, Use of Force. If the subject is injured or dies as a result of the officer’s action, the
incident will be investigated in accordance with directive 6308, In-custody Death Investigation. The
department’s Deadly Force Review Board will review the officer’s actions that resulted in the subject’s injury or
death, as described in directive 5301, Use of Force Reporting and Review.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
01/26/15
Next Review Date:
12/31/15
24 Hour Coverage
Total Pages:
Page 1 of 2
Directive Number:
6101
WILEAG Standards:
6.1.1
Purpose
This directive establishes the fact that the department provides twenty-four hour coverage of police services. With roll
call sessions that overlap the previous shift, the department is able to provide for continuous police coverage at all times
and for the immediate assignment of officers to emergencies.
Allocation of Personnel
The Chief of Police, or his designee, shall determine the number and identity of officers assigned to each shift. The fixed
shift assignments will be awarded and posted according to union contracts.
In an effort to ensure 24 hour coverage, patrol personnel shall be assigned to 3 patrol shifts:
• Day shift, 6:45 A.M. to 3:00 P.M.
• Early shift, 2:45 P.M. to 11:00 P.M.
• Late shift, 10:45 P.M. to 7:00 A.M.
Roll Call: The 15 overlapping minutes of each shift shall be used for Roll Call. During this time period, the on-coming shift
will be brief on the activities of the day and periodically inspected to ensure preparedness for duty. In the event of an
emergency, the on-coming shift is considered to be on duty and available to assist.
Minimum Staffing
The Chief of Police shall determine the minimum staffing level for each shift. The minimum staffing level shall be:
1. Patrol Division:
• Day Shift: 6 officers
• Early Shift: 7 officers
• Late Shift: 6 officers
In addition, probationary officer will not count toward minimum staffing until approved by the Chief of Police.
At least one Sergeant will be scheduled on duty at all times and shall count toward minimum staffing.
2. Investigation Division:
• Day Shift: 1 detective
• Early Shift: 1 detective
At least one Sergeant will be scheduled on duty Monday through Friday.
3. Administrative Division – Police Clerks
• Day Shift: 2
• Early Shift: 2
• Late Shift: 1
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
01/26/15
Next Review Date:
12/31/15
24 Hour Coverage
Total Pages:
Page 2 of 2
Directive Number:
6101
WILEAG Standards:
6.1.1
Probationary Clerks will not serve toward staffing minimums until approved by the Administrative Division
Manager.
Call-in procedures
Patrol: In the event that shift staffing falls below minimum, additional personnel will be called-in in accordance with
department procedures.
Investigation: In the event additional Investigation Division personnel are needed, they will be called-in in accordance
with department procedures.
Specialty Units: Specialty units include, but are not limited to SWAT, Accident Investigators, Fire Investigators, K9
officers or Chaplains. Whenever a specialty unit is needed, the unit will be called-in in accordance with department
procedures.
New Berlin Police
Department
Directives Manual
Issue Date:
01/27/15
Next Review Date:
12/31/15
Directive Title:
Special Purpose Vehicles and Animals
Total Pages:
Page 1 of 3
Directive Number:
6102
WILEAG Standards:
6.1.2
Purpose
This directive outlines guidelines on the use of police canine’s, police motorcycles, police bicycles, and the SCIT vehicle.
Policy
The department uses vehicles that have special equipment, and require special training to use. It is department policy
that members will only use a specialty vehicle when they have the necessary equipment for the use of that vehicle and
the training to operate the vehicle. In addition, it is department policy that only properly trained and equipped officers
will utilize a police canine.
Police Canine
General Information: Uses of the police canine unit will include, but are not limited to:
1. Protection – including building search, area search, arrest/escort and crowd control as appropriate.
2. Tracking – including criminal or lost person searches, as well as article or evidence identification.
3. Drug/Narcotics Enforcement Searches - including area searches, vehicles, buildings or parcels.
4. Community Relations Activities - as approved by the Canine Coordinator
The canine unit may be utilized at any time as needed within the City of New Berlin. The canine unit may be called out at
any time according to department procedures.
The canine unit is available to assist all divisions however; the unit shall be directly assigned to the Patrol Division. The
police canine will be used and deployed in accordance with department procedures.
Canines are the property of the City of New Berlin and shall not be used for purposes other than official duties or
functions without the authorization of the Chief of Police or his designee.
All officers not assigned to the canine unit will refrain from feeding, mistreating, teasing or deliberately harming any
canine of the Department. Officers will not give commands to canines without approval of the handler.
Each handler will be assigned a take-home squad. Handlers will follow department procedures for the care and use of
their assigned squad and its equipment.
Police Motorcycle
Policy: It is the policy of the department that all personnel who operate a police motorcycle shall exercise due regard
for the safety of all persons. No task, call, or incident justifies disregard of public safety. Further, the public expects
police officers to demonstrate exemplary driving behavior. All personnel who operate a police motorcycle will comply
with safe driving procedures.
New Berlin Police
Department
Directives Manual
Issue Date:
01/27/15
Next Review Date:
12/31/15
Directive Title:
Special Purpose Vehicles and Animals
Total Pages:
Page 2 of 3
Directive Number:
6102
WILEAG Standards:
6.1.2
Authorization and Training: Officers of the department are authorized to operate a department motorcycle if they
possess a valid driver's license endorsed for motorcycle operation and have completed a Police Motorcycle Operators
course.
Officers who operate the police motorcycle will be required to have yearly updated training. This will consist of a
minimum of 8 hours of hands-on driving. All training will be documented and signed off by the officer and the
motorcycle training instructor. This yearly training will be done in the spring of the year when the riding season begins.
Required Equipment: All operators of the motorcycle shall use the following safety equipment:
A.
D.O.T. approved safety helmets
B.
Protective lenses/goggles
C.
Boots, providing over-ankle protection
D.
Gloves.
The motorcycle will be stocked with basic first-aid equipment, appropriate department forms, and a city map.
Inspection and Maintenance: Motorcycle operators are responsible for insuring that all inspections of the motorcycle
are completed in accordance with department procedures.
Emergency Operation and Pursuit Driving: Motorcycle operators are to adhere to all department directives relating to
operating as an emergency vehicle.
Due to the extreme danger of engaging in a pursuit while riding a motorcycle, motorcycle operators will only pursue
violators for felony violations. The motorcycle operator will disengage from a pursuit as soon as other New Berlin squads
enter the pursuit.
Police Bicycle
Policy: It is the policy of the department that all personnel who operate a police bicycle shall exercise due regard for the
safety of all persons. No task or incident justifies disregard of public safety. Further, the public expects police officers to
demonstrate exemplary riding behavior. All personnel who operate a police bicycle will comply with safe riding
procedures.
Authorization and Training: Officers of the department are authorized to operate a department bicycle if they have
completed a Police Bicycle Operators course or a Bicycle Safety course sanctioned or established by the department.
Officers who operate the police bicycle will be required to have yearly updated training. All training will be documented
and signed off by the officer and the bicycle training instructor. This yearly training will be done in the spring of the year
when the bicycling season begins.
New Berlin Police
Department
Directives Manual
Issue Date:
01/27/15
Next Review Date:
12/31/15
Directive Title:
Special Purpose Vehicles and Animals
Total Pages:
Page 3 of 3
Directive Number:
6102
WILEAG Standards:
6.1.2
Required Equipment: All operators of the bicycle shall use the following safety equipment:
A. ANSI or SNELL approved safety helmet
B. Functional headlight and tail light
C. Other equipment as required by the department
Inspection and Maintenance: Bicycle operators are responsible for insuring that all inspections of the bicycle are done
in accordance with department directives.
It shall be the responsibility of each bicycle officer to perform a check of his/her bicycle’s components and equipment
prior to beginning his/her tour of duty. Bicycle officers will inspect their bicycles in accordance with their training.
Transport of Bicycles: The bicycle transport vehicle should be parked in a location where it can be reached quickly by
the Bike Patrol Officers in the event they are needed for duty in another part of the city.
The Bike Patrol Officers should advice the dispatcher, street supervisors and other officers aware of the location they
will be patrolling prior to leaving the transport vehicle.
Emergency Vehicle Status: The bicycle will not be used as an emergency vehicle.
SCIT Truck
The SCIT truck will only be used by members of SCIT that have been properly trained in its use. The SCIT truck, and all of
the tactical equipment assigned to the truck, will be locked at all times in the police garage.
Automatic License Plate Recognition Equipped Squads
The Automatic License Plate Recognition (LPR) system provides many opportunities for the enhancement of
productivity, effectiveness and officer safety. Officers operating squads equipped with LPR will follow department
procedures on the proper operation of the system.
New Berlin Police
Department
Directives Manual
Issue Date:
01/27/15
Next Review Date:
12/31/15
Directive Title:
Response to Routine and Emergency Calls
Total Pages:
Page 1 of 3
Directive Number:
6103
WILEAG Standards:
6.1.3. 6.1.6
Purpose
This directive outlines guidelines for operating police vehicles both as an emergency vehicle and non-emergency vehicle.
Policy
It is the policy of the department that officers will operate their police vehicle with due regard for their safety and the
safety of the motoring public. There are no assignments or tasks of such importance that they justify the reckless
disregard of the member's safety or the safety of other persons. Members must be mindful of the balance between
achieving the goals of law enforcement while maintaining the public’s safety.
Frequent situations will arise in which non-department members will request to ride along with an officer to observe the
operation of the department or learn about police work. It is the policy of the department that civilian ride alongs with
officers will be in accordance with department procedures.
Definitions
Police Emergency Vehicle: A vehicle equipped with red and blue flashing lights and an audible siren.
Emergency Response: A response to an incident in which the officer reasonably believes:
• A person’s life is in jeopardy
• A crime is in progress
• A serious crime has occurred
• In pursuit of an actual or suspected violator
Response to Routine Calls
When responding to routine calls for service, officers will drive with due regard for the safety of other motorists and
pedestrians. Officers will follow all traffic laws while on routine patrol and when responding to routine calls for service.
Officers will respond in a routine manner to burglar alarms. If the officer is a distance from the location of the alarm, or
there is an indication that the cause of the alarm is not a malfunction, officers may use an emergency response.
Stray animals will be handled in accordance with department procedure 6103.01.
Emergency Response
All officers operating a department vehicle during an emergency response will operate the vehicle in strict accordance
with state statutes. Officers engaged in an emergency response shall simultaneously use emergency lights and siren,
unless specifically exempted by State Statutes.
Officers assigned to a “Priority 1 Assist EMS/Fire” call will respond as an emergency vehicle. All other “Assist EMS/Fire”
calls will be a routine response.
New Berlin Police
Department
Directives Manual
Issue Date:
01/27/15
Next Review Date:
12/31/15
Directive Title:
Response to Routine and Emergency Calls
Total Pages:
Page 2 of 3
Directive Number:
6103
WILEAG Standards:
6.1.3. 6.1.6
Officers have the discretion to change their response to an emergency or non-emergency call based on facts and
situations that may be present during the response. Officers responding in a fashion contrary to this directive must be
able to justify the need to change the response based on articulated facts.
Statutory Exemptions
Exemptions to the use of audible and visual emergency equipment are as follows:
1. Wis.Stat.§346.03(4)(a) - Officers may exceed the speed limit without giving audible and visual signals when
obtaining evidence of a speed violation.
2. Wis.Stat. §346.03(4)(b) - Officers may exceed the speed limit without giving audible and visual signals when
responding to a call which the officer reasonably believes involves a felony in progress and the officer
reasonably believes any of the following:
a. Knowledge of the officer's presence may endanger the safety of a victim or other person.
b. Knowledge of the officer's presence may cause the suspected violator to evade apprehension.
c. Knowledge of the officer's presence may cause the suspected violator to destroy evidence of a
suspected felony or may otherwise result in the loss of evidence of a suspected felony.
d. Knowledge of the officer's presence may cause the suspected violator to cease the commission of a
suspected felony before the officer obtains sufficient evidence to establish grounds for arrest.
Safety Restraining Device
Pursuant to Wisconsin Statute Sec. 347.48, officers are required to wear seat belts. Additionally, any officer or person
who operates or rides as a passenger, or is transported as a passenger, in a city owned vehicle shall wear a seat belt
unless the person is medically unable or is combative and securing the safety belt would place the officers at great risk.
Officers are permitted to exercise the statutory exception for seat belt use. This exception affords officers the option of
not wearing seat belts where their use, in a specific articulable situation, could endanger the safety of the officer or
another. These exceptions are;
1. A specific situation where an officer’s personal safety may be at risk when approaching or leaving a scene
involving high risk situations;
2. Under a specific circumstance in which compliance could endanger the safety of the officer or passenger;
3. A person in a seated position that is not equipped with a seat belt;
4. A driver or passenger who must exit and enter a vehicle on a frequent basis, more than 10 stops per mile; and
5. Anyone who has filed written notice from a physician that they are unable to wear a seat belt for medical or
physical reasons.
Children under the age of four and 40 pounds will be transported in a child safety seat. Children will be transported in a
booster seat until they reach age 8, more than 80 pounds in weight, or more than 4ft. 9in. tall. Child safety seats are
available for use, and are stored at, the department.
Children less than 1 year old or less than 20 lbs. must be in a rear-facing child seat in the back seat (if so equipped).
New Berlin Police
Department
Directives Manual
Issue Date:
01/27/15
Next Review Date:
12/31/15
Directive Title:
Response to Routine and Emergency Calls
Total Pages:
Page 3 of 3
Directive Number:
6103
WILEAG Standards:
6.1.3. 6.1.6
Children at least one year old and 20 pounds, but less than four years old or less than 40 pounds, must be a in a forwardor rear-facing child seat in the back seat.
Children between age 4 to age 8, and between 40-80 lbs., and no more than 4 ft. 9 in. must be in a forward- or rearfacing child seat in the back seat (if so equipped) or a booster seat .
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
01/28/15
Next Review Date:
12/31/15
Vehicle Pursuits
Total Pages:
Page 1 of 8
Directive Number:
6104
WILEAG Standards:
6.1.4, 6.2.11
Purpose
The purpose of this directive is to define conditions justifying police pursuit of violators and the responsibilities of the
officer involved in the pursuit, assisting officers and the supervisor on duty at the time of the pursuit.
Policy
It is the policy of the Department that officers will apprehend law violators. Officers have a number of different means
at their disposal in attempting to apprehend those who violate the law, one of which is engaging in a pursuit of a fleeing
violator. It is the policy of the Department that officers engaging in pursuits will do so with due regard for the safety of
themselves, the public, and the law violator.
Definitions
Pursuit: An active attempt by a law enforcement officer, on duty, in an authorized emergency vehicle, to apprehend one
or more occupants of a moving motor vehicle, when it is evident the operator of the motor vehicle is not complying with
the officers attempt to stop the vehicle, and is resisting apprehension by maintaining or changing his/her speed, or by
ignoring the law enforcement officer’s attempt to stop him/her and creating a danger to the officer, public, or the
violator.
Induce to Stop Techniques: A technique designed to convince the fleeing driver to stop, rather than an attempt to force
him or her to stop. This includes roadblocks, channelization, and stop sticks.
Force to Stop Techniques: A technique designed to present the fleeing driver with only two possible courses of action;
to stop, or crash. Force to Stop techniques are an application of deadly force.
Non-hazardous violations: A violation, which by the very nature of the violation presents no hazard to the public.
Completed violations: A violation where any danger presented to the public by the violation is already passed with the
completion of the violation.
Continuing hazard violation: A violation of either traffic law or criminal law, where the violation itself presents an ongoing danger of loss of life or injury to the public.
Pursuit Guidelines
Emergency lighting alone or in combination with an audible signal may be used to affect a traffic stop. The decision to
pursue is triggered only if the target vehicle fails to respond, increases speed, or otherwise fails to obey the initial signal
to pull to the side of the road.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
01/28/15
Next Review Date:
12/31/15
Vehicle Pursuits
Total Pages:
Page 2 of 8
Directive Number:
6104
WILEAG Standards:
6.1.4, 6.2.11
Decision to pursue: The initial decision to pursue a vehicle is the responsibility of the officer who first attempts to stop
the vehicle. There are many factors that an officer may consider before engaging in a pursuit. Factors that an officer
must consider are:
1.
2.
3.
4.
Road conditions present at the time of the violation.
Density of population in the area at the time of the violation. Officers should also consider the density of
the population in the area that the pursuit appears to be heading.
Severity of the crime or violation that is the basis for the pursuit.
Necessity of pursuit by vehicle.
Officers faced with the decision of whether or not to engage in a pursuit should also consider the following factors:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
The officers training and experience.
Weather conditions at the time the pursuit is initiated.
Time of day that the pursuit is initiated.
The condition and type of the officer’s and violator’s vehicle.
Officers that initiate a pursuit with an unmarked vehicle will turn over the primary pursuit position to a
marked police vehicle at the earliest opportunity.
Apparent age of the driver. Officers should use caution in pursuing offenders who do not appear to have
very much driving experience, such as youthful offenders.
Other occupants in the vehicle.
The officer’s familiarity with the area the pursuit is heading.
Speeds involved in the pursuit.
Quality of radio transmissions.
Necessity of pursuit if the identity of the suspect is known or can be determined.
Initiating a Pursuit: An officer will engage in a pursuit only when operating in compliance with Wisconsin Statute
346.03(2) and 346.03(3) (emergency lights and siren operating). Officers initiating a pursuit shall keep the following in
mind:
•
•
•
Pursuit for non-hazardous violations only, such as equipment defects and registration violations never warrant
prolonged pursuit OR the operation of a motor vehicle at excessive speeds. The risk exceeds the necessity for
immediate apprehension.
Prolonged pursuit at high speeds for completed violations only, such as failing to stop for a stop sign, improper
passing, violation of a traffic control signal, is seldom warranted, particularly when the pursuit will cause a
greater risk than the completed violation.
Prolonged pursuit at high speeds for a continuing hazard violation may be warranted, however, the pursuing
officer, and the supervisor on duty at the time of the pursuit need to evaluate the danger presented to the
officer, the public, and the violator by continued pursuit.
When determining whether to initiate or become involved in a pursuit, officers and supervisors must first identify the
offense which is the reason for the pursuit, then evaluate the seriousness of the offense and the need for immediate
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
01/28/15
Next Review Date:
12/31/15
Vehicle Pursuits
Total Pages:
Page 3 of 8
Directive Number:
6104
WILEAG Standards:
6.1.4, 6.2.11
apprehension. In any pursuit, safety considerations must be the primary concern and should outweigh considerations
for apprehension.
Circumstances that may establish a risk that outweighs the value of immediate apprehension include:
• Frequent intersecting streets.
• Poor weather.
• Slippery streets.
• Low visibility.
• Blind curves or intersections.
• Narrow roads.
• Numerous pedestrians.
• Heavy or congested traffic.
• Extremely hazardous maneuvers.
• Numerous police vehicles involved.
• Officer excited or not in full control of his/her emotions.
• No supervisory involvement.
• Inability to evaluate any other special circumstances such as school zones, etc.
Officers will not initiate or become involved in a pursuit while there is a citizen occupant in the squad. However, officers
may initiate or become involved in a pursuit when an auxiliary member of the department is riding in the squad.
Responsibilities
Pursuing Officer: The officer that initiates a vehicle pursuit, under the guidelines listed above, has certain responsibilities
which must, if at all possible, be met:
1. The officer must continue to operate his/her vehicle with due regard for the safety of him/herself and other
motorists or pedestrians.
2. Once the officer has initiated a pursuit of a fleeing violator, the officer should advise the dispatcher of the
following:
a. Squad number and the fact that the officer is in pursuit.
b. Reason for the pursuit.
c. Location of the fleeing vehicle.
d. Speed of the fleeing vehicle.
e. Direction of travel of the fleeing vehicle.
f. Description of the fleeing vehicle.
3. Number of occupants in the fleeing vehicle, if know.
4. Officers in pursuit should continually evaluate weather, road and traffic conditions during the pursuit.
5. Officers that pursue a vehicle out of the city should relinquish the primary pursuit position to a squad of the
agency from whose city the pursuit is currently in. This should be done at the earliest opportunity. Officers
from the agency that has jurisdiction for the pursuit area usually are more familiar with the area that the pursuit
is heading, and are better able to act as the primary pursuit unit.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
01/28/15
Next Review Date:
12/31/15
Vehicle Pursuits
Total Pages:
Page 4 of 8
Directive Number:
6104
WILEAG Standards:
6.1.4, 6.2.11
6. Officers advised of an outside agency pursuing a vehicle into New Berlin may assist with the pursuit provided
they have received supervisory approval.
7. The officer that initiates the pursuit should use high risk vehicle stop tactics to take the fleeing driver into
custody once the pursuit ends.
Assisting Officers: New Berlin squads advised of a pursuit should begin to head into the area of the pursuit to be
available to assist. Normally only 3 police vehicles will actually pursue the violator, however there may be situations
where more assistance is required. Once a secondary squad has joined the pursuit, the secondary officer should take
over radio communication for the pursuit. The secondary officer should continue to update dispatch as to the location
of the pursuit, the direction of the pursuit, speed of the violators, and any other pertinent information. Other New
Berlin squads not directly involved in the pursuit may proceed as an emergency vehicle to the area of the pursuit to be
available to parallel the pursuit path, to assist in applying approved techniques to end the pursuit, and to assist with high
risk vehicle stop tactics should the pursuit end.
Supervisors: When notified of a pursuit, the on-duty supervisor will monitor the pursuit as it is occurring. The supervisor
can commit units to the pursuit, direct units to various locations to assist, and withdraw units as necessary. The
supervisor should consider the following in making a decision on whether or not to allow the pursuit to continue:
1. Reason for the pursuit.
2. Speeds and driving behavior of the fleeing violator.
3. Time of day.
4. Weather and road conditions.
5. Traffic density in the area of the pursuit, and the area that the pursuit is heading.
6. Apparent excitement level that the pursuing officer is showing.
A supervisor may order the termination of a pursuit at any time. It is the responsibility of the supervisor to consider
termination of the pursuit if any of the threshold guidelines under Termination of Pursuit are met. The supervisor
should respond to the area of the pursuit as an emergency vehicle to be available to provide guidance upon the
termination of the pursuit and to aid in the capture of the fleeing violator. If the pursuit proceeds out of the City’s
borders, the supervisor will ensure that only the minimum number of squads continues the pursuit as needed under the
circumstances.
A supervisor may direct officers to assist an outside agency that is pursuing a fleeing vehicle into New Berlin.
Termination of Pursuits
Officers will terminate a pursuit when ordered to do so by a supervisor. Officers that initiate a pursuit of a fleeing
violator shall consider termination of the pursuit if any of the following are present:
1.
2.
In the opinion of the pursing officer, the hazards of continuing the pursuit outweigh the necessity for
immediate apprehension of the violator.
If the act of pursuing creates a greater danger than the hazard of the violation that is the basis for the pursuit.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
01/28/15
3.
4.
Next Review Date:
12/31/15
Vehicle Pursuits
Total Pages:
Page 5 of 8
Directive Number:
6104
WILEAG Standards:
6.1.4, 6.2.11
If it is reasonable to conclude that the fleeing violator will not stop and that there is no realistic way to stop
him/her without endangering the life of the officer, or other motorists or pedestrians.
When the identity of the fleeing suspect is known to the officer, or can be determined and there is no
imminent threat.
Officers in pursuit of a fleeing violator shall terminate the pursuit if any of the following are present:
1.
2.
3.
4.
The time and distance between the officer and the suspect vehicle would be too great to allow for
apprehension.
When the pursued vehicle’s location is no longer known to the officer.
At any time that the officers squad or emergency equipment has failed.
When the risk and danger to the officer(s) involved or to bystanders or innocent third parties outweigh the
value of immediate apprehension, then the pursuit must be terminated despite the heinousness of the offense
or the violence associated with the act committed by the fleeing subject.
Officers that terminate a pursuit will notify dispatch of their intention to terminate the pursuit, and the location that the
fleeing vehicle was last seen going. The officer will then:
1. Slow down to the speed limit.
2. Turn off all emergency equipment.
3. Continue in the last known direction of the fleeing vehicle to check for any accidents or other problems that
may have been created by the actions of the fleeing driver.
Techniques to end a pursuit
Techniques to end a pursuit include two general categories:
1. Induce to stop techniques
2. Force to stop techniques.
Officers will receive training on how to properly use Induce to Stop and Force to Stop techniques.
Induce to Stop Techniques: Induce to Stop Techniques are designed to convince the fleeing driver to stop, rather than
an attempt to force him or her to stop. All Induce to Stop Techniques must be reasonable in their application. Induce to
stop techniques include:
1. Stop sticks
2. Channelization
3. Partial roadblocks
Stop Sticks: Officers may use stop sticks to end a pursuit. Stop sticks will be used in accordance with the manufacturer’s
instructions and department training. Care will be taken to avoid damage to vehicles other than the fleeing vehicle.
When deciding whether or not to use stop sticks, officers should consider the following:
1. Nature of the offense that the fleeing vehicle is being pursued for.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
01/28/15
2.
3.
4.
Next Review Date:
12/31/15
Vehicle Pursuits
Total Pages:
Page 6 of 8
Directive Number:
6104
WILEAG Standards:
6.1.4, 6.2.11
The location that the stop sticks are to be deployed.
Time of day, and current weather conditions at the time the stop sticks will be deployed.
Stop Sticks will not be used against a fleeing motorcycle.
Channelization: This is a technique used to divert or direct a fleeing driver from their present direction and location, to a
direction and/or area selected by the police. This technique is used to relocate the pursuit to a safer, less populated
area or to direct the fleeing driver to a location where further attempts to elude are impractical or impossible. The
following considerations apply to channelization:
1. Usually, only one escape route should exist.
2. The number of police units involved should be dictated by the location selected.
3. The selected location must provide the fleeing driver with sufficient sight and maneuvering distance.
4. If possible, all non-related traffic should be diverted away from the selected location.
Partial roadblocks: A partial roadblock consists of an object placed on the roadway in such a manner as to impede or
alter the normal flow of traffic. A partial roadblock does not completely close off the road and leaves the fleeing driver
an escape route if they chose not to stop. Officers have the authority to set up partial roadblocks to end a pursuit.
Officers must advise other officers and the supervisor coordinating the pursuit that they are setting up a partial
roadblock. In the absence of a supervisor, the officer setting up the partial roadblock will be the coordinator of other
personnel that arrive to assist. The initiating officer, or a supervisor, may cancel setting up a partial roadblock. Officers
that set up a partial roadblock must keep the following guidelines in mind prior to setting up a roadblock:
1.
2.
3.
4.
5.
6.
In most circumstances, a fully marked police vehicle should be used to set up a roadblock. However, an
unmarked vehicle may be used to set up a roadblock if the exigency of the situation demands immediate action
and the unmarked vehicle is the only vehicle available to set up a roadblock. Officers establishing a roadblock
with an unmarked vehicle must do so with due regard for the safety of other motorists. The unmarked squad
will be removed from the roadblock once it is safe to do so and a marked squad becomes available to take its
place.
Roadblocks must be set up in an area where it can be clearly seen at a distance sufficient to allow oncoming
vehicles, including ones traveling at high speed, to stop safely. Partial roadblocks will only be set up where
ample warning can be given to the fleeing driver that there is an obstruction in the road ahead.
Time of day, and prevailing weather conditions. Partial roadblocks will only be set up in conditions that will
safely allow the fleeing driver to slow or stop his/her vehicle.
Officers setting up a partial roadblock will not remain in their vehicles.
Partial roadblocks will be well illuminated. All emergency lights will be activated, and if possible, flares should
be put out to further draw the fleeing driver’s attention to the obstruction in the road ahead.
No privately owned vehicle will be used in a partial roadblock.
Force to stop techniques: All Force to Stop Techniques must be reasonable in their application. Force to stop
techniques are designed to present the fleeing driver with only two alternatives, to either stop or crash. Due to the high
probability of death to the fleeing driver, force to stop techniques, like the use of firearms, are an application of deadly
force, and as such are governed by the Department’s Use of Force directive. Force to stop techniques includes the
following:
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
01/28/15
1.
2.
3.
Next Review Date:
12/31/15
Vehicle Pursuits
Total Pages:
Page 7 of 8
Directive Number:
6104
WILEAG Standards:
6.1.4, 6.2.11
Full roadblocks
Intentional vehicular contact at high speeds
Moving roadblocks at high speed.
Full Roadblock: A full roadblock consists of an object placed on the roadway in such a manner as to completely block the
normal flow of traffic. A full roadblock completely closes off the road, and leaves no escape route for the fleeing driver.
Intentional Vehicular Contact: Using a police vehicle to intentionally strike the vehicle being driven by the fleeing
violator.
Moving Roadblocks at high speed: A technique where officers position their squad cars in front, to each side and behind
the fleeing vehicle and then decrease their speed in an attempt to slow down and stop the fleeing vehicle.
It is the Department’s policy that Force to Stop Techniques will only be used in the most extreme of circumstances,
when deadly force is justified.
Operational Review of Pursuits
All pursuits, as defined by this policy, shall be reviewed by the Chief of Police or his designee as soon as possible. The
review will evaluate the following:
1. Reason for the pursuit.
2. Conditions during the pursuit (traffic conditions, time of day, speeds, etc.)
3. Actions taken against the suspect and/or vehicle
4. Conformance to department directives.
5. Any possible training needs that come to light after the pursuit.
6. Any possible changes to this directive.
No officer will be criticized or disciplined for a decision not to engage in a pursuit or to terminate an ongoing pursuit
based on the risk involved, even in circumstances where this directive would permit commencement or continuation of
the pursuit. Officers who conduct pursuits consistent with this policy will be strongly supported by the Department in
any subsequent review.
Every officer/supervisor involved in a pursuit shall complete a supplement report to include their individual involvement,
actions taken, justifications for action and all other pertinent information. In pursuits that end in a highly stressful
manner, or involve great bodily harm or death, involved officers will be supported by the Department and will not be
required to immediately complete a full report on the incident.
The supervisor approving the report detailing the circumstances of the pursuit will ensure that a copy of the report is
forwarded to the Training Sergeant. The Training Sergeant will ensure that the Wisconsin Law Enforcement Pursuit
Report is entered into the state website.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
01/28/15
Next Review Date:
12/31/15
Vehicle Pursuits
Total Pages:
Page 8 of 8
Directive Number:
6104
WILEAG Standards:
6.1.4, 6.2.11
The Chief of Police, or his designee, will review all termination techniques that are used to end a pursuit, whether the
techniques are used to end a pursuit started by officers of this department or to assist with another department’s
pursuit. Officers/supervisors that use any termination techniques will complete a report detailing what type of
technique was used and why. The purpose of this review will be to assess the use of the termination technique for
training purposes, conformance to recommended procedures and to consider any changes to this policy.
The Chief of Police will notify the officer(s) involved in the pursuit as to the outcome of the Operational Review of the
pursuit or any termination techniques used. This notification will be made within 10 working days from the start of the
Operational Review.
New Berlin Police
Department
Directives Manual
Issue Date:
01/28/15
Next Review Date:
12/31/15
Directive Title:
Missing Adult Investigations
Total Pages:
Page 1 of 5
Directive Number:
6105
WILEAG Standards:
6.1.5
Purpose
This directive establishes guidelines for responding to reports of Missing/At-risk adults. It is also designed to help law
enforcement devote the appropriate level of resources to all missing person reports.
Policy
The Department recognizes that there may be times when adults are at-risk or are missing and are reported to the
police department by caregivers, family members or other concerned persons. It is the policy of the Department to
accept every missing person report and where a threat or risk exists, the Department will conduct a thorough
investigation and any necessary follow up investigations.
General
This directive specifically addresses the issue of missing and at-risk adults. Juvenile and Missing Juvenile directives
should be consulted for guidance on missing children. Under NO circumstances shall a reporting party be advised that
they must wait a specific time period before a report can be made. There is NO waiting period for reporting a missing
person.
The Department presumes that every adult reported as missing will be considered at risk until significant information to
the contrary is confirmed. Jurisdictional conflicts are to be avoided when a person is reported missing. If a person either
resides in, or was last seen in this jurisdiction, the Department will immediately initiate the reporting and investigative
process. If a missing person is a legal resident of the City and was last seen in another jurisdiction, but the law
enforcement agency covering that jurisdiction chooses not to take a missing person report, the Department will take the
report and assume investigative responsibility.
As representatives of the lead investigating agency, the officer/investigator will work to engage and obtain the
cooperation of the law enforcement agency covering the jurisdiction where the missing person was last seen. The
officer/investigator will also make a decision as to whether or not a parallel investigation of parties intimately linked to
the missing person should be conducted.
Definitions
Missing Adults: Any person eighteen years of age or older whose whereabouts are unknown and who is missing under
circumstances not conforming to their ordinary routine and habits or who may be in need of assistance or intervention.
In addition, Federal law requires that anyone who is under the age of twenty-one and missing be immediately entered
into the NCIC missing person file.
Missing/At Risk Adult: An adult will be considered At-Risk if any of the following criteria are met:
A. The person has a condition, such as Alzheimer’s or Dementia and subjects themselves or others to harm and
danger. (An escapee or walk- away from a mental health facility will not normally be considered “At-Risk” unless
he/she is a danger to themselves or others.)
New Berlin Police
Department
Directives Manual
Issue Date:
01/28/15
Next Review Date:
12/31/15
Directive Title:
Missing Adult Investigations
Total Pages:
Page 2 of 5
Directive Number:
6105
WILEAG Standards:
6.1.5
B. The person missing is in the company of another person under circumstances indicating that their physical
safety is in danger.
C. A person is missing after a disaster, but has not been confirmed deceased.
D. A person is missing and their absence is unexplained. Some factors to be used in determining if a person is
missing are:
1) The person has no previous pattern of disappearing.
2) The reporting party delayed reporting (this may be an indicator of potential abuse within the family.)
3) The person recently reported being followed or stalked.
4) The person is absent under circumstances inconsistent with established patterns of behavior.
5) The person is missing under circumstances that lead the police to believe that they have been the victim
of a crime.
6) The person is missing and no reasonable explanation for the absence can be determined. They are
considered “At-Risk” until significant information to the contrary is confirmed
7) The person took personal items with them (or at least they are missing.)
8) The person had personal, financial or work related difficulties.
9) The person was suffering from a recent bout of depression.
10) The person suffered the recent loss of a loved one.
Missing/Unusual Circumstances: An adult who is missing and one or more of the following factors exist:
A. Out of the zone of safety for their developmental stage, physical or mental condition.
B. Diminished mental capacity.
C. A history of self-destructive behavior or has threatened suicide.
D. Drug dependent, including prescribed medication and/or illegal substances
E. A potential victim of foul play or sexual exploitation.
F. In a life-threatening situation.
G. Absent from home for an extended period of time before being reported to law enforcement as missing.
H. Believed to be with persons who could endanger his/her welfare.
I. There is nothing to explain their absence.
Missing/Not at risk adult: An adult will NOT be considered At-Risk if any of the following criteria are met:
Note: With the exception of persons described in subs C, D, or E below, an initial report must be completed in all cases
involving missing adults even if they are not considered At-Risk, in order to document the circumstances under which
the report was made.
A. Absent Spouse: an absent spouse has committed no crime and is legally free to come and go. Caution should be
exercised both in preserving the privacy rights of the spouse in their wish to keep their whereabouts unknown
and in making sure that the “absent spouse” is not, in fact, the victim of foul play related to domestic abuse.
B. An adult who has left a note and/or told a credible person that they are leaving. An exception would be a suicide
note.
C. An adult who simply has not been in touch with the reporting party for an extended period of time, unless
extenuating circumstances exist.
D. Fugitives from justice including AWOL service personnel.
New Berlin Police
Department
Directives Manual
Issue Date:
01/28/15
Next Review Date:
12/31/15
Directive Title:
Missing Adult Investigations
Total Pages:
Page 3 of 5
Directive Number:
6105
WILEAG Standards:
6.1.5
E. An adult who is being sought for business or social purposes such as debt collections or school reunions.
Responsibilities
Responding Officers:
1. Immediately notify the supervisor of all missing adult investigations where unusual circumstances are present.
2. The responding officer shall complete a more in-depth assessment of the risk to the missing person by
evaluating all of the information provided by the reporting person. In addition to the descriptive and basic
investigative information, the officer should use the Missing Person Assessment to help assess the nature of the
missing person complaint and determine the level of response to apply to the case.
3. Upon completion of the risk assessment, the officer, in consultation with a supervisor, shall determine the
appropriate level of response to the complaint.
4. Endangered / Foul play suspected – This protocol is appropriate for known or suspected abductions where the
officer has reason to believe that the missing person may be in imminent danger of great bodily harm or death.
This may include cases of threatened suicide.
5. Disability/medical condition-This protocol is appropriate for those missing persons suffering from diminished
mental capacity or Alzheimer’s/Dementia and/or has a medical condition that is life threatening, if not located.
6. Unknown/voluntary - This protocol is appropriate for those missing person cases where the reason for the
disappearance cannot be easily determined and/or information from the reporting party is limited. Officers will
consider persons missing under these circumstances At-Risk until significant information the contrary is
confirmed.
7. The officer/investigator shall connect the family with available local, state and national resources such as the
National Center for Missing Adults or the Alzheimer’s Association as applicable.
Completion of Reports
Unless otherwise noted, an initial report must be completed in all cases involving missing adults even if they are not
considered At-Risk.
Reports of missing adults that meet reporting criteria will require the completion of an incident report. Persons
authorized to report a missing and endangered person will sign their name accordingly on the missing person
information form.
The missing person information form will be turned in immediately for entry into the NCIC system.
A copy of the incident report will be provided to roll call in order to notify other officers of the need to locate the
missing person. The report should contain a description of the person and a brief description of the circumstances
surrounding their disappearance.
New Berlin Police
Department
Directives Manual
Issue Date:
01/28/15
Next Review Date:
12/31/15
Directive Title:
Missing Adult Investigations
Total Pages:
Page 4 of 5
Directive Number:
6105
WILEAG Standards:
6.1.5
An attempt to locate message or a teletype to a specific jurisdiction can be sent to request assistance in locating the
missing person.
The assigned officer or investigator shall periodically check with the reporting person to ensure that new information is
followed up on.
Reports of unidentified persons, living or deceased
In the case of unidentified remains, the scene should be immediately secured and the department directive on
Preliminary Investigations will be followed.
Note: Particular importance should be placed on ensuring that dental records and/or DNA profile information is entered
into the NCIC database.
In the case of an unidentified living person, officers shall:
1. Obtain a complete description using the NCIC Unidentified Person File Worksheet and any applicable
departmental or state forms.
2. Enter the unidentified person’s description into the NCIC Un-identified Person file.
3. Utilize all resources available to aid in identification of the person (i.e. The National Center for Missing
Adults, The Alzheimer’s Association and any state or local clearinghouses or private organizations available
for this purpose.)
4. Cancel all notifications after identification is confirmed.
Recovery/Return of Missing Adults
The assigned officer shall verify that the located person is, in fact the reported missing adult.
Upon verifying that the missing person has been located, the assigned officer(s) shall ensure that the NCIC system entry
and any teletype messages are cancelled.
The officer shall interview the missing adult and evaluate the circumstances surrounding the missing person’s
disappearance and the potential for any criminal charges or further police intervention.
Notify the initial reporting person(s) of the well being of the missing adult. IF the located adult permits the disclosure of
his/her whereabouts and contact information, the reporting person(s) may be informed of this information at this time.
All communication with the reporting party should be done by the originating agency/investigator.
Depending on the circumstances of the disappearance, the officer should consider the need for intervention, counseling
or other services for either the missing adult or the reporting person(s).
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
01/28/15
Next Review Date:
12/31/15
Missing Adult Investigations
Total Pages:
Page 5 of 5
Directive Number:
6105
WILEAG Standards:
6.1.5
Resources
As appropriate, the following resources are available to aid officers and/or reporting parties in dealing with the missing
adult cases:
National Center for Missing Adults
2432 W. Peoria Avenue, Suite 1286
Phoenix, AZ 85029
(602) 944-1768
Alzheimer’s Association
225 N. Michigan Avenue, Suite 1700
Chicago, IL 60601-7633
(312) 335-5814
New Berlin Police
Department
Directives Manual
Issue Date:
01/29/14
Next Review Date:
12/31/15
Directive Title:
Availability of Body Armor
Total Pages:
Page 1 of 2
Directive Number:
6106
WILEAG Standards:
6.1.7
Purpose
This directive provides guidance on the issuance, use and replacement of body armor.
Policy
The department understands that, in addition to sound tactics, body armor is a critical piece of equipment that can save
an officer’s life. It is the department’s policy that uniformed officers engaged in field activity must wear body armor. All
officers engaged in firearms training must also wear body armor. Detectives and other plain clothed officers have the
option of wearing body armor when they determine it will be appropriate.
Issuance of body armor
The department will purchase and issue personal, concealable body armor to all officers. Officer may elect to use any
National Institute of Justice (NIJ) certified vest in Level IIA or higher. If the officer wishes to purchase a vest that costs
more than the department allowance, the officer is responsible for the difference in price.
Officers may wear their body armor with the concealable carrier or they may elect to wear the body armor in the
“uniform shirt” style external carrier. The body armor will be worn in accordance with directive 2304, Uniforms and
Equipment.
Use of body armor
All sworn personnel are encouraged to use their issued body armor at all times.
Uniformed officers engaged in patrol or field activity are required to wear their body armor at all times.
Any officer engaged in a “high risk” situation is required to wear their body armor. A “high risk” situation is any situation
in which the officer can reasonably expect to encounter either an armed subject or potentially armed subject.
Detectives and other plain clothed officers are encouraged to either wear their body armor or have it available to them
at all times. Detectives and other plain clothed officers are not, however, required to wear their body armor at all times.
All squads will have tactical level body armor available in the trunk or cargo area of the squad. The tactical level armor
will be Level III armor with a Level IV armor plate in the chest pocket of the armor. A ballistic helmet will also be
available and stored with the body armor. The body armor and helmets assigned to the squads will be inventoried and
inspected by the Ballistic Vest Coordinator every year.
Replacement of body armor
All officers are eligible to have their body armor replaced:
1. Every five years, or in accordance with the manufacturer recommended replacement cycle.
New Berlin Police
Department
Directives Manual
Issue Date:
01/29/14
Next Review Date:
12/31/15
Directive Title:
Availability of Body Armor
Total Pages:
Page 2 of 2
Directive Number:
6106
WILEAG Standards:
6.1.7
2. Whenever the body armor is damaged in the line of duty.
Officers requesting to have their body armor replaced will send an email request to their supervisor requesting new
body armor. The supervisor will send the request to the Ballistic Vest Coordinator.
If an officer damages his/her vest through negligence or carelessness, the department may require the officer to replace
the vest at his/her expense.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
01/29/15
Next Review Date:
12/31/15
Anatomical Gifts
Total Pages:
Page 1 of 1
Directive Number:
6107
WILEAG Standards:
6.1.8
Purpose
This directive provides guidance to officers in identifying individuals who are anatomical gift donors or who have refused
to make an anatomical gift.
Policy
It is the policy of the department that officers who deal with a person the officer believes is deceased or near death will
make a reasonable effort to determine if the person is an anatomical gift donor or has refused to be an anatomical gift
donor.
Definitions
Anatomical Gift: A donation of all or part of a human body to take effect after the donor’s death for the purpose of
transplantation, therapy, research or education.
Record of Gift: A donor card or other record used to make an anatomical gift, including a statement or symbol on a
driver’s license or identification card or in a donor registry.
Record of Refusal: A record that expressly states intent to bar other persons from making an anatomical gift of an
individual’s body or part.
Guidelines
If an officer responds to a scene in which the officer encounters a person the officer reasonably believes is dead or near
death, the officer will conduct a search of the person. The purpose of the search is to determine if the person has a
record of gift, or record of refusal to be an anatomical gift donor.
The record of gift can be in the form of a donor card or a statement on the individual’s driver’s license or State
Department of Transportation identification card that the person is a donor.
If an officer locates a record of gift or a record of refusal, the officer will forward this record to the hospital, if the person
is transported to a hospital.
If an officer responds to a scene in which a death is perceived to be a possible homicide, suicide or the result of an
accident, the officer shall not immediately conduct a search for the record of gift or record of refusal. At this point, the
officer should treat the area as a crime scene. The body of the deceased should only be searched along with the
Detective Bureau and the staff of the Waukesha County Medical Examiner’s Office.
New Berlin Police
Department
Directives Manual
Issue Date:
04/06/15
Next Review Date:
12/31/15
Directive Title:
Dealing with Mental Illness
Total Pages:
Page 1 of 4
Directive Number:
6108
WILEAG Standards:
Purpose
This directive provides guidance to officers when responding to or encountering situations involving persons displaying
behaviors consistent with mental illness or crisis.
Policy
Responding to situations involving individuals who officers reasonably believe to be affected by mental illness or in crisis
carries potential for violence; requires an officer to make difficult judgments about the mental state and intent of the
individual; and necessitates the use of special police skills, techniques, and abilities to effectively and appropriately
resolve the situation, while avoiding unnecessary violence and potential civil liability. The goal shall be to de-escalate the
situation safely for all individuals involved when reasonable, practical, and consistent with established safety priorities.
In the context of enforcement and related activities, officers shall be guided by WI State Statute 51.15 regarding the
detention of persons affected by mental illness or in crises. Officers will use this directive to assist them in determining
whether a person’s behavior is indicative of mental illness or crisis and to provide guidance, techniques, and resources
so that the situation may be resolved in as constructive and humane a manner as possible.
Definitions
Mental Illness: An impairment of an individual’s normal cognitive, emotional, or behavioral functioning, caused by
physiological or psychosocial factors. A person may be affected by mental illness if he or she displays an inability to think
rationally (e.g., delusions or hallucinations); exercise adequate control over behavior or impulses (e.g., aggressive,
suicidal, homicidal, sexual); and/or take reasonable care of his or her welfare with regard to basic provisions for clothing,
food, shelter, or safety.
Crisis: An individual’s emotional, physical, mental, or behavioral response to an event or experience that results in
trauma. A person may experience crisis during times of stress in response to real or perceived threats and/or loss of
control and when normal coping mechanisms are ineffective. Symptoms may include emotional reactions such as fear,
anger, or excessive giddiness; psychological impairments such as inability to focus, confusion, nightmares, and
potentially even psychosis; physical reactions like vomiting/stomach issues, headaches, dizziness, excessive tiredness, or
insomnia; and/or behavioral reactions including the trigger of a “fight or flight” response. Any individual can experience
a crisis reaction regardless of previous history of mental illness.
Recognizing Abnormal Behavior
Only a trained mental health professional can diagnose mental illness, and even they may sometimes find it difficult to
make a diagnosis. Officers are not expected to diagnose mental or emotional conditions, but rather to recognize
behaviors that are indicative of persons affected by mental illness or in crisis, with special emphasis on those that
suggest potential violence and/or danger. The following are generalized signs and symptoms of behavior that may
suggest mental illness or crisis, although officers should not rule out other potential causes such as reactions to alcohol
or psychoactive drugs of abuse, temporary emotional disturbances that are situational or medical conditions.
New Berlin Police
Department
Directives Manual
Issue Date:
04/06/15
Next Review Date:
12/31/15
Directive Title:
Dealing with Mental Illness
Total Pages:
Page 2 of 4
Directive Number:
6108
WILEAG Standards:
1. Strong and unrelenting fear of persons, places, or things. Extremely inappropriate behavior for a given
context.
2. Frustration in new or unforeseen circumstances; inappropriate or aggressive behavior in dealing with
the situation.
3. Abnormal memory loss related to such common facts as name or home address (although these may be
signs of other physical ailments such as injury or Alzheimer’s disease).
4. Delusions, the belief in thoughts or ideas that is false, such as delusions of grandeur (“I am Christ”) or
paranoid delusions (“Everyone is out to get me”).
5. Hallucinations of any of the five senses (e.g., hearing voices commanding the person to act, feeling one’s
skin crawl, smelling strange odors); and/or
6. The belief that one suffers from extraordinary physical maladies that are not possible, such as persons
who are convinced that their heart has stopped beating for extended periods of time.
Assessing Risk
Most persons affected by mental illness or in crisis are not dangerous and some may only present dangerous behavior
under certain circumstances or conditions. Officers may use several indicators to assess whether a person who
reasonably appears to be affected by mental illness or in crisis represents a potential danger to himself or herself, the
officer, or others. These include the following:
1. The availability of any weapons.
2. Statements by the person that suggest that he or she is prepared to commit a violent or dangerous act.
Such comments may range from subtle innuendo to direct threats that, when taken in conjunction with
other information, paint a more complete picture of the potential for violence.
3. A personal history that reflects prior violence under similar or related circumstances. The person’s
history may already be known to the officer—or family, friends, or neighbors might provide such
information.
4. The amount of self-control exhibited by the person, particularly the amount of physical control over the
emotions of rage, anger, fright, or agitation. Signs of a lack of self-control include extreme agitation,
inability to sit still or communicate effectively, wide eyes, and rambling thoughts and speech. Clutching
oneself or other objects to maintain control, begging to be left alone, or offering frantic assurances that
one is all right may also suggest that the individual is close to losing control.
5. The volatility of the environment is a particularly relevant concern that officers must continually
evaluate. Agitators that may affect the person or create a particularly combustible environment or incite
violence should be taken into account and mitigated.
Failure to exhibit violent or dangerous behavior prior to the arrival of the officer does not guarantee that there is no
danger, but it might diminish the potential for danger.
An individual affected by mental illness or emotional crisis may rapidly change his or her presentation from calm and
command-responsive to physically active. This change in behavior may come from an external trigger (such as an officer
stating “I have to handcuff you now”) or from internal stimuli (delusions or hallucinations). A variation in the person’s
New Berlin Police
Department
Directives Manual
Issue Date:
04/06/15
Next Review Date:
12/31/15
Directive Title:
Dealing with Mental Illness
Total Pages:
Page 3 of 4
Directive Number:
6108
WILEAG Standards:
physical presentation does not necessarily mean he or she will become violent or threatening, but officers should be
prepared at all times for a rapid change in behavior.
Response to Persons Affected by Mental Illness or in Crisis
If the officer determines that an individual is exhibiting symptoms of mental illness or in crisis and is a potential threat to
himself or herself, the officer, or others, or may otherwise require law enforcement intervention as prescribed by
statute, the following responses should be considered:
1. Request a backup officer. Always do so in cases where the individual will be taken into custody.
2. Take steps to calm the situation. Where possible, eliminate emergency lights and sirens, disperse
crowds, and assume a quiet nonthreatening manner when approaching or conversing with the
individual. Where violence or destructive acts have not occurred, avoid physical contact, and take time
to assess the situation. Officers should operate with the understanding that time is an ally and there is
no need to rush or force the situation.
3. Move slowly and do not excite the person. Provide reassurance that the police are there to help and
that the person will be provided with appropriate care.
4. Communicate with the individual in an attempt to determine what is bothering him or her. If possible,
speak slowly and use a low tone of voice. Relate concern for the person’s feelings and allow the person
to express feelings without judgment. Where possible, gather information on the individual from
acquaintances or family members and/or request professional assistance if available and appropriate to
assist in communicating with and calming the person.
5. Do not threaten the individual with arrest, or make other similar threats or demands, as this may create
additional fright, stress, and potential aggression.
6. Avoid topics that may agitate the person and guide the conversation toward subjects that help bring the
individual back to reality.
7. Always attempt to be truthful with the individual. If the person becomes aware of a deception, he or she
may withdraw from the contact in distrust and may become hypersensitive or retaliate in anger. In the
event an individual is experiencing delusions and/or hallucinations and asks the officer to validate these,
statements such as “I am not seeing what you are seeing, but I believe that you are seeing (the
hallucination, etc.)” is recommended. Validating and/or participating in the individual’s delusion and/or
hallucination is not advised.
8. Request assistance from individuals with specialized training in dealing with mental illness or crisis
situations (e.g., Crisis Intervention Training (CIT) officers, community crisis mental health personnel,
Crisis Negotiator).
Taking Custody of a Person Affected by Mental Illness or in Crisis
Once an officer has determined that a person affected by mental illness or in crisis is either a threat to him/herself or
someone else as a result of the mental illness, the officer may take the person into protective custody. The officer will
call the charge nurse at the Waukesha County Mental Health Center (WCMHC) and relay all of the information relating
to the person and what has happened. The charge nurse will either approve or deny the need for protective custody.
New Berlin Police
Department
Directives Manual
Issue Date:
04/06/15
Next Review Date:
12/31/15
Directive Title:
Dealing with Mental Illness
Total Pages:
Page 4 of 4
Directive Number:
6108
WILEAG Standards:
Approved Need for Protective Custody: Once the officer has received approval for an Emergency Detention, the officer
will:
1. Advise the person that he/she is being placed into protective custody.
2. Handcuff the person behind his/her back.
3. Search the person.
4. If the person threatened to hurt him/herself, or another person, with a weapon, officers will confiscate the
weapon. Weapons confiscated pursuant to this directive will be released in accordance with department
procedures.
5. Complete the Statement of Emergency Detention by Law Enforcement Officer form.
6. If medical clearance is required, transport the person to Waukesha Memorial Hospital.
7. If medical clearance is not required, transport the person to the Waukesha County Mental Health Center.
8. Complete a report detailing the incident.
Denied Need for Protective Custody: Offer mental health referral information to the individual and or/family members
when WCMHC does not approve of the need to place the person into protective custody.
Taking custody of a person affected by mental illness outside of New Berlin: Situations will arise when a person
affected by mental illness, who is a threat to either him/herself or someone else, is taken to a hospital outside of New
Berlin without police intervention. In these instances, officers have the authority under WI State Statute 175.40(6) to
respond to the hospital and take the person into custody.
When officers are advised that a person affected by mental illness has attempted to harm him/herself and was taken to
a hospital outside of New Berlin, officers will respond to the hospital to investigate the incident. Officers will follow the
same guidelines for taking a person into custody as they would within the city. If the need for protective custody is
approved by the charge nurse at WCMHC, the officer will take the person into protective custody and process the
Emergency Detention the same as they would for an incident occurring within the city.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
04/7/15
Next Review Date:
12/31/15
Patrol Beat Areas
Total Pages:
Page 1 of 3
Directive Number:
6109
WILEAG Standards:
Purpose
This directive establishes the patrol beat areas of the city, along with guidelines for the assignment of personnel.
Policy
It is the policy of the department that patrol beat areas are established with the following goals in mind:
1. Enhance the quality of the patrol work product by designating “primary investigating officers.”
2. Enhance patrol efforts by reducing the area of responsibility and incorporating an ownership philosophy.
3. Minimize the potential for workload conflicts between officers.
Beat Areas and Boundaries
Beat 1-
North Boundary: Greenfield Ave. (124th to Moorland Rd)
South Boundary: National Ave. (124th to Moorland Rd)
East Boundary: 124th St.
West Boundary: Moorland Rd.
Beat 2-
North Boundary: National Ave. (124th to Moorland Rd.)
South Boundary: Janesville Rd. (12400 to College Ave.), College Ave. (Janesville Rd. to Moorland Rd)
East Boundary: 124th St.
West Boundary: Moorland Rd.
Beat 3-
North Boundary: Greenfield Ave and north city line (Moorland Rd to Springdale Rd)
South Boundary: Coffee Rd (Moorland Rd to Racine Ave)
East Boundary: Moorland Rd. (Greenfield Ave to Coffee Rd)
West Boundary: Springdale Rd. (W 22000 block extended as City Limit)
Beat 4-
North Boundary: Coffee Rd. (Moorland Rd to Racine Ave)
South Boundary: College Ave (Moorland Rd to Racine Ave), Racine Ave. (College Ave to Tans Dr), Tans
Dr (Racine Ave to Crowbar Rd)
East Boundary: Moorland Rd (Coffee Rd to College Ave)
West Boundary: Crowbar Rd. (W. 22000 block extended as City Limit)
Beat Assignments and Responsibilities
The patrol shift supervisor will, prior to a shift roll call, assign personnel to the beat assignments.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
04/7/15
Next Review Date:
12/31/15
Patrol Beat Areas
Total Pages:
Page 2 of 3
Directive Number:
6109
WILEAG Standards:
Responsibilities:
Beat Officer:
1. Assumes the “primary investigating” role and is the primary report writer/coordinator for assignments in his/her
beat.
2. Serves as cover officer and assisting officer for other officers on assignments outside his/her own beat area.
3. Follows up on roll call items pertaining to his/her beat, i.e. extra patrols and/or directed patrols.
4. Conducts self-initiated patrol activities in his/her beat.
Rover:
1. Assumes the “primary investigating” role and is the primary report writer/coordinator for assignments in any
beat where the assigned beat officer is unavailable.
2. Serves as a cover officer and assisting officer for beat officers on their beat assignments.
3. Follows up on roll call items (city wide).
4. Conducts self-initiated patrol activities (city wide).
5. Handles calls which require leaving the city, i.e. prisoner pick-ups and transports, emergency detentions, or
other miscellaneous calls.
Teleserve:
1. Utilized during normal lobby business hours.
2. Handles calls of a minor nature.
3. Handles “walk-in” complaints and assists citizens at the P.D. lobby during normal lobby hours.
4. When a Teleserve officer is not assigned, the beat officer from the area where the call originated will be called in
to take the complaint.
Reassigning Calls for Service
Officers will make every attempt to handle calls in their beat. Any emergency call that comes in where the assigned beat
officer is unavailable, will immediately be reassigned by WCC.
Calls for unavailable beat squads will be reassigned in the following order:
1. Rover
2. An adjacent beat area officer.
3. Any available officer/supervisor.
Patrolling Guidelines
The beat officer’s main responsibility is the patrolling of their assigned area. Discretion may be used to leave their
assigned areas for other police related activity. Close self-discipline is expected from each squad.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
04/7/15
Next Review Date:
12/31/15
Patrol Beat Areas
Total Pages:
Page 3 of 3
Directive Number:
6109
WILEAG Standards:
Patrolling Interstate 43 is allowed for all police purposes. Squads may be dispatched to I-43 for emergency situations per
the request of the State Patrol or Sheriff Department when their personnel are unavailable or our squads would have a
more timely response
New Berlin Police
Department
Directives Manual
Issue Date:
01/29/15
Next Review Date:
12/31/15
Directive Title:
Traffic Law Enforcement
Total Pages:
Page 1 of 4
Directive Number:
6201
WILEAG Standards:
6.2.1, 6.2.2, 6.2.3,
6.2.4, 6.2.5
Purpose
This directive provides for the uniform and equitable enforcement of traffic laws. This directive will provide guidance to
officers in the following areas:
• Traffic law enforcement
• Special categories of traffic law violators
• Information provided to traffic law violators
• Uniform enforcement of specified violations
• Traffic stops and approaches to violator’s vehicles.
Policy
Traffic law enforcement is a basic responsibility of the department. It is the policy of the department that officers
engage in traffic law enforcement as a regular element of their duties. Officers should always keep in mind that one of
the primary purposes of traffic law enforcement is changing driver behavior.
Objectives
The primary objectives for the department’s traffic law enforcement are:
1. The enforcement of traffic laws
2. The promotion of voluntary compliance with traffic laws in the future.
3. To provide for the safe flow of both vehicle and pedestrian traffic.
Enforcement Methods
Officers will conduct traffic law enforcement in a fair, impartial and courteous manner. The following enforcement
options are available to officers:
1. Verbal warnings: Generally appropriate for very minor traffic law violations or equipment violations.
2. Written warnings: Appropriate for minor traffic law violations or when the officer determines it is simply
appropriate to have a written record of the contact.
3. Citations
a. Citations are appropriate for more serious traffic law violations, intentional violations and violations
resulting in injury or property damage. Citations are also appropriate for most infractions that are
determined to be the cause of a traffic accident or constitute a safety problem.
b. Officers issuing citations for traffic violations should be using the TRACS software in the squad to issue
the citation.
c. Before issuing a citation, officers should make every effort to obtain the violator’s current address and
not rely on the information provided by the Department of Transportation.
4. Custodial arrests: Custodial arrests are appropriate for most Section 2 offenses listed in the Uniform State Traffic
Deposit Schedule. Officers will generally arrest a person for all operating while under the influence of alcohol or
drugs violations, hit and run to attended vehicle, hit and run causing injury or death and all felony violations.
New Berlin Police
Department
Directives Manual
Issue Date:
01/29/15
Next Review Date:
12/31/15
Directive Title:
Traffic Law Enforcement
Total Pages:
Page 2 of 4
Directive Number:
6201
WILEAG Standards:
6.2.1, 6.2.2, 6.2.3,
6.2.4, 6.2.5
Special Categories of Violators
Special guidelines are required for the following categories of violators:
1. Non-residents of the city.
2. Juveniles
3. Legislators, foreign diplomats and consulate officers
4. Military personnel.
Non-residents of the city: Officers may treat all residents of the State of Wisconsin similarly, issuing a citation where
appropriate. Residents of the State of Wisconsin will not normally be required to post a bond before being released from
a traffic stop. Out of state residents will be required to post the appropriate bond listed in the Uniform State Traffic
Deposit Schedule before being released from the traffic stop, unless otherwise authorized by a supervisor.
Juveniles:
1. Juveniles 16 or 17 years of age shall be treated as adults when receiving traffic citations.
2. Juveniles 12 to 15 years of age who commit a traffic offense in Section 1 of the Uniform State Traffic Deposit
Schedule may be issued a Uniform Traffic Citation.
3. Juveniles 10 to 12 years of age who commit a traffic offense in Section 1 of the Uniform State Traffic Deposit
Schedule may be referred to Juvenile Intake.
4. Juveniles 10 to 15 years of age who commit an offense in Section 2 of the Uniform State Traffic Deposit Schedule
will be referred to Juvenile Intake.
Legislators, foreign diplomats and consulate officers:
1. Legislators are granted no special exemptions and will be treated as all other members of the public.
2. Foreign Diplomats and Consulate Officers: Diplomats displaying the proper credentials are immune from arrest.
Diplomats are not immune from receiving a citation. Officers should consult with their supervisor before issuing
a diplomat or his/her dependent a citation. In all cases where an officer cites a diplomat, the officer will forward
a copy of the citation and all supporting documents to the U.S. Department of State as soon as possible. Further
guidance is available through the Diplomatic and Consular Immunity Guide for Law Enforcement.
Military Personnel: Military personnel that are not residents of the State of Wisconsin, but are assigned to a military
installation within Wisconsin, will be treated as residents of the state.
Information Provided to a Violator
Officers that decide to issue a violator a citation, at a minimum, will provide the following information:
1. Specific violation the citation is issued for.
2. The court date, time and location.
3. Whether the court appearance is mandatory or not.
4. A citation instruction sheet with information on how to pay or contest the citation.
New Berlin Police
Department
Directives Manual
Issue Date:
01/29/15
Next Review Date:
12/31/15
Directive Title:
Traffic Law Enforcement
Total Pages:
Page 3 of 4
Directive Number:
6201
WILEAG Standards:
6.2.1, 6.2.2, 6.2.3,
6.2.4, 6.2.5
Uniform Enforcement of Special Violations
The following guidelines will assist officers in ensuring uniform enforcement of the following violations:
Operating While Intoxicated: Officers will uniformly enforce Operating While Intoxicated laws in accordance with their
training and department procedures [link].
Speed Violations: Officers will uniformly, fairly, and equitably enforce speed violations in accordance with their training
and department procedures [link]. When officers are assigned a specific traffic assignment, it will be important to keep
in mind the nature of the complaint when determining whether to issue a citation or not.
Hazardous Violations: Violations such as excessive speed, reckless driving, eluding and other violations that show a high
degree of negligence or the probability the violation will lead to injury or property damage. Generally, officers will either
issue citations or make arrests for hazardous violations.
Non-hazardous violations: Violations which do not pose a direct threat of injury or property damage. Officers have the
option to warn or cite a violator for non-hazardous violations.
Operating While Revoked or Suspended: Generally, officers will issue citations for Operating After Revocation or
Suspension. Officers may consider extenuating circumstances in making the final decision to issue a citation or not.
Vehicle Equipment Violations: Officers have the discretion to warn or cite a violator for an equipment violation.
Public Carrier/Commercial Vehicle Violations: The enforcement of traffic laws applies equally to public carriers and
commercial vehicles. When a violation is observed that will result in the issuance of a Uniform Traffic Citation, officers
should consider the safety and protection of passengers or cargo in conjunction with the enforcement action. If possible,
officers should consider passengers/cargo deadlines when making their enforcement decision.
Multiple Violations: As a general guideline when faced with multiple violations, officers should consider issuing a
citation for the more serious violations and warnings for the less serious. Officers should avoid issuing citations for
multiple violations when the violations all result from one incident and the most serious violation is charged (i.e. eluding,
reckless driving, and speeding.) Multiple violations should not be issued solely as a punitive measure.
Off-road vehicle violations: Officers should use the DNR as the primary enforcement agency for off road vehicle
violations. Officer may consider issuing applicable municipal ordinance citations for off road vehicle violations.
Newly enacted laws and/or regulations: The public is frequently not aware that a new law or regulation has been
enacted. In this case, the officer’s primary traffic law enforcement function is educating the public to the new law.
Officers should consider issuing warnings for violations of newly enacted laws or regulations for at least 30 days after
the issuance of the new law.
New Berlin Police
Department
Directives Manual
Issue Date:
01/29/15
Next Review Date:
12/31/15
Directive Title:
Traffic Law Enforcement
Total Pages:
Page 4 of 4
Directive Number:
6201
WILEAG Standards:
6.2.1, 6.2.2, 6.2.3,
6.2.4, 6.2.5
Violations resulting in traffic crashes: If an officer develops information to indicate that a traffic law violation has
contributed to a traffic crash, the officer should issue a citation for the violation. Officers may consider other
extenuating circumstances in deciding not to issue a citation; however, this would be rare.
Pedestrian and Bicycle violations: Officers may use their discretion in deciding whether to issue a warning or citation.
Traffic Stop Approaches
Officers are trained on three generally accepted approach techniques they may use during a traffic stop:
1. Approach
a. Driver’s side
b. Passenger side
2. Non-approach
3. High risk
Officers should use their training and experience, along with various observations made while affecting the stop, in
deciding how to approach the vehicle. Field Training Modules # 107, #214 and #312 provide guidance to officers in
deciding when and how to use each approach technique.
New Berlin Police
Department
Directives Manual
Issue Date:
02/06/15
Next Review Date:
12/31/15
Directive Title:
Officer Involved Shooting
Total Pages:
Page 1 of 7
Directive Number:
6307
WILEAG Standards:
6.3.8
Purpose
This directive provides guidelines on the proper investigation of an officer involved shooting or an incident in which a
person dies as a result of an officer’s actions.
Policy
It is the policy of the New Berlin Police Department to investigate any officer-involved shooting, whether or not that
shooting results in any injury or death to another person. The investigation will be conducted by at least two
investigators, one of whom is the lead investigator and neither of whom is employed by the New Berlin Police
Department.
If a person dies in a traffic crash as a result of an officer’s actions, the crash investigation will be conducted by a
reconstruction unit from the Waukesha County Sheriff’s Department (WSD) or the Wisconsin State Patrol (WSP) if WSD
is unavailable.
Definitions
1. Lead Investigator: The lead investigator is the person in charge of the investigation, who plays a principal,
guiding role with hands-on leadership of investigation activities. The lead investigator should, for example and
without limit:
a. Direct the overall investigation and activities of others involved in the officer involved shooting,
b. Coordinate with the lead officer/agency conducting an underlying criminal investigation of the event, or
events, which led to the officer involved shooting,
c. Take possession of, or direct the collection of, all evidence, take or direct the taking of statements of
witnesses or interviews of police officers,
d. Act as the primary (but not exclusive) contact for prosecutors.
2. Officer-involved death: A death of an individual that results directly from an action or an omission of
a law enforcement officer while the law enforcement officer is on duty or while the law enforcement
officer is off duty but performing activities that are within the scope of his or her law enforcement
duties.
3. Support Officer: An officer selected by and assigned to the involved officer to provide emotional support and
assistance following a critical incident, such as an officer-involved shooting. The selected officer may be another
officer who has had a similar experience, a close friend, or both.
Officer Involved Shooting
Responsibilities:
1. Involved Officer:
a. Treat injuries to the level of training. Life saving efforts must continue until the suspect is turned over to
another officer or emergency medical services (EMS).
New Berlin Police
Department
Directives Manual
Issue Date:
02/06/15
Next Review Date:
12/31/15
Directive Title:
Officer Involved Shooting
Total Pages:
Page 2 of 7
Directive Number:
6307
WILEAG Standards:
6.3.8
b. If the involved officer is injured, he/she should render self aid.
c. Determine if there are any other threats to citizens and/or officers.
d. When tactically feasible, transmit a call for assistance and provide information in accordance with the
officer’s training.
e. When the scene is stabilized, provide a brief, minimal statement to the supervisor as to what occurred in
order to address medical needs, public safety concerns, and to focus the investigation. The minimal
statement should include:
i. Type of force used;
ii. Direction of shots fired by suspect(s) and officer(s);
iii. Necessary medical attention;
iv. Suspect(s) at large, known weapons, and direction of flight;
v. Location of suspects, victims, witness, and evidence;
vi. Other dangers to the public.
f. Request his/her chosen support officer to assist in the aftermath.
i. If the requested support officer is not on scene, another officer should be assigned to remain
with the involved officer until the arrival of the support officer.
ii. Once the support officer is on scene, the involved officer shall stay with and not go anywhere
without the support officer. The involved officer should advise the support officer of any needs
that he/she may have.
g. When an officer is involved in a shooting, the officer will be issued a replacement weapon.
h. Unless unconscious, the involved officer, or his designee, should notify the officer’s family that he/she
was involved in the incident and advise his/her current medical condition.
i. If the involved officer is a supervisor, he/she will designate an incident commander. If this is not
possible, another officer not involved in the deadly force incident, will assume incident command until
another supervisor arrives.
2. Initial Responding Officers: The initial responding officer(s) will be responsible for stabilizing the scene,
ensuring the safety of those on scene, and preserving any evidence. Initial responding officers should:
a. Ensure any remaining threats have been addressed, call incident command, and broadcast the status of
the scene.
b. Direct other responding squads to the scene via a safe route.
c. Ensure a staging area has been established for responding units and EMS.
d. Assist in securing the suspect(s) and treat injuries to level of training.
e. Treat any injuries of the involved officer(s) and activate EMS if not already done.
f. Remain with the involved officer or assign another officer until a support officer arrives.
g. Act as incident commander until relieved, making sure the following is done:
i. Establish scene security, including establishing a perimeter
ii. Coordinate pursuit of additional suspects
iii. Identify witnesses and separate
iv. Protect evidence from loss or damage
New Berlin Police
Department
Directives Manual
Issue Date:
02/06/15
Next Review Date:
12/31/15
Directive Title:
Officer Involved Shooting
Total Pages:
Page 3 of 7
Directive Number:
6307
WILEAG Standards:
6.3.8
1. Ensure evidentiary items are not moved and if moved for safety or other reasons, note
the original location.
2. Evidence moved for any reason should not be placed back in the original position.
v. Brief the initial responding supervisor.
3. Supervisors: The initial responding supervisor should:
a. Ensure the incident command system has been established.
b. Ensure the scene is stabilized and establish scene security.
c. Obtain briefing from the initial responding officer(s) on scene. Determine the condition of the involved
officer(s), suspect(s), and third parties. Ensure officers are treating injuries to their level of training until
the arrival of EMS.
d. Assign officer(s) to escort injured officer(s) and suspect(s) to a medical facility and provide security.
e. Ensure witnesses have been separated.
f. Ensure the preservation of evidence.
g. Assign a scene recorder to chronologically document the names of those who enter/exit the scene and
their efforts.
h. A brief, minimal statement should be obtained from the involved officer(s). The following information
should be obtained:
i. Type of force used;
ii. Direction of shots fired by suspect(s) and officer(s);
iii. Necessary medical attention;
iv. Suspect(s) at large, known weapons, and direction of flight;
v. Location of suspects, victims, witnesses, and evidence;
vi. Other dangers to the public.
vii. Provide this information to the Lead Investigator once he/she arrives on scene.
i. Instruct involved officer(s) not to discuss aspects of the shooting amongst themselves or with others
with the exception of their attorney, a qualified mental health professional, or authorized investigative
personnel.
j. Place the involved officer on Administrative Leave and refrain from assigning additional duties.
k. Assign a support officer to remain with the involved officer(s). Instruct the support officer not to discuss
the incident.
l. Request a supervisor and detective all-call through WCCC via the MyState system.
m. Contact the following:
i. Shift/Division Commander of the involved officer.
ii. Training division commander. If unavailable, an un-involved department Tactical Instructor
(even if off duty).
iii. Union president or representative to come to the scene and/or to contact the union’s legal
resources.
iv. Department chaplain.
n. Establish a media staging area.
o. If the suspect is transported to a medical facility, ensure there are at least two (2) officers to accompany
him/her to the hospital and remain as security.
New Berlin Police
Department
Directives Manual
Issue Date:
02/06/15
Next Review Date:
12/31/15
Directive Title:
Officer Involved Shooting
Total Pages:
Page 4 of 7
Directive Number:
6307
WILEAG Standards:
6.3.8
p. If the involved officer is transported to a medical facility, ensure the officer is accompanied with a
support officer.
q. Assign an officer or representative to assist the family of the involved officer until no longer needed.
r. Do not release the name of the involved officer(s).
4. Support Officer: The support officers can be any officer on the department requested by the involved officers. If
the support officer was also involved in the incident, another support officer should be chosen. The support
officer should:
a. Not discuss the specific details of the incident with the involved officer.
b. Stay with the involved officer and assist with initial needs.
c. If the involved officer doesn’t appear in distress and requests privacy at any point following the incident,
give the officer space, but maintain security and availability to the involved officer.
d. Serve as a liaison between the involved officer and the incident commander.
e. Assist the involved officer in contacting necessary people, such as family members.
f. Make arrangements for a change of clothes for the involved officer if the involved officer’s clothes are
collected as evidence. The involved officer should not be issued department jail clothing.
g. Escort the involved officer to assigned locations he/she may be asked to go.
h. Drive the involved officer to and from home until no longer needed.
i. Remain with the officer as long as needed.
j. Encourage the officer to avoid consuming stimulants, alcohol, etc.
k. Remind the officer to refrain from watching or reading the media.
l. Report any signs of psychological, stress-related actions so the officer can receive the necessary help.
m. Deter open conversations about the incident amongst others to ensure the proper facts are found in the
investigation.
Investigation
The criminal investigation will be conducted by the Wisconsin Division of Criminal Investigation (DCI), or WSD if DCI is
unavailable. The Lead Investigator will be from the agency conducting the criminal investigation. The lead investigator
will be responsible for the following:
1. Contacting the Waukesha County District Attorney.
2. Obtain the involved officer(s) minimal statement from the initial supervisor so that the investigation can begin.
3. If the involved officer is able, conduct a brief walk-through of the scene. The walk-through should be conducted
when the scene is still in the original condition; but, lighting conditions should be consistent with the time of the
incident. The walk-through with the officer should not be videotaped as part of the investigation.
4. All witnesses present at the time of the incident will be interviewed. Interviews shall be recorded. The
witnesses positioning at the time of the incident should be documented in the crime scene reconstruction.
5. Assign a unit leader to photograph and collect evidence.
6. Conduct a thorough canvass of the area to ensure all persons in the area at the time of the incident are
identified and interviewed.
7. Check local businesses and residences for security cameras which may have captured the incident.
8. Ensuring the officer is photographed as attired during the incident.
New Berlin Police
Department
Directives Manual
Issue Date:
02/06/15
Next Review Date:
12/31/15
Directive Title:
Officer Involved Shooting
Total Pages:
Page 5 of 7
Directive Number:
6307
WILEAG Standards:
6.3.8
9. Obtain scaled photographs of suspect and involved officer’s injuries.
10. When suspects and/or victims are transported to hospitals, ensure evidence at these secondary scenes is
photographed and collected.
11. Ensure that the involved officer’s firearm is recovered and a replacement is provided to the officer.
12. Obtain a copy of the call and radio traffic and placed on inventory.
13. The lead investigator has the authority to release the involved officer from the scene. Prior to releasing the
involved officer, the Chief of Police or his/her designee will advise the involved officer(s) that he/she is being
placed on administrative leave until the formal interview has taken place or longer if necessary.
Interview of Involved Officer(s): The Lead Investigator will ensure that the involved officer(s) is interviewed when
appropriate.
1. Interviews will not be conducted in an interrogation room.
2. Involved officer(s) are to be interviewed as victims and/or witnesses.
3. Involved officer(s) and legal representation should be allowed to review available video recordings prior to the
interview.
Documentation:
1. The Lead Investigator will be responsible for filing the main police report.
2. Involved officer(s) will not be compelled to file a report, but the involved officer will have the opportunity to
review the lead investigator’s account of the interview.
3. At the discretion of the involved officer, he/she may prepare his/her own use of force report.
4. A department use of force instructor will be made available to assist the officer.
Health of Involved Officer(s)
With a shooting incident, the potential for exposure to bio-hazards is great. The officer(s) involved will not only
experience the stress of the shooting but also face significant stress due to the exposure. If exposed to bodily fluids, the
involved officer(s) shall be conveyed to the hospital for significant exposure treatment and receive a change of clothes
as soon as possible.
If an officer is injured and the injuries rise to the level of great bodily harm:
1. The officer should be asked if they want a family member contacted.
2. If the officer is unconscious or unable to respond, the officer’s Injury and Line of Duty Death Notification
packet should be opened so that notification can be made as requested. The requested personnel will
make contact with the family and transport them to the medical facility.
3. An officer will escort the injured officer to the hospital.
If the officer(s) is fatally injured in the incident:
1. The officer’s Injury and Line of Duty Death Notification packet should be opened so their wishes can be
followed.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/06/15
Next Review Date:
12/31/15
Officer Involved Shooting
Total Pages:
Page 6 of 7
Directive Number:
6307
WILEAG Standards:
6.3.8
2. Personal notification should be made to the deceased officer’s family with the requested personnel and the
department chaplain.
3. An officer will be assigned to stay as requested with the family for security, support, transportation, and
other related matters.
Long term follow-up: Supervisors and fellow officers should monitor the involved officer(s) for any stress related
changes in behavior. Any officer that notices indications that an involved officer(s) needs assistance or counseling should
inform their immediate supervisor. The supervisor will notify the Chief of Police through the chain of command. The
Chief of Police may then offer additional counseling or medical services available to the involved officer(s).
Post Incident Procedures
1. The involved officer(s) will be placed on administrative leave as soon as possible after the incident has
occurred. The involved officer(s) will remain on administrative leave until the formal interview has taken
place or longer if necessary. The involved officer(s) will remain available during times specified by the Chief of
Police.
2. Involved officer(s) shall be required to undergo an evaluation by the agency’s mental health specialist
designated by the Chief of Police before returning to full duty. These results will be shared with the Chief of
Police so that he/she can make a determination of the officer’s duty status.
3. Any counseling needs/desires by officers or other civilian employees shall be provided by the department at
no expense to the employee. This information will not be shared with the Chief of Police, New Berlin Police
Department, or city officials. This request can be made by the involved officer to any supervisor or their
requested support officer.
4. The family members of the involved officer should be encouraged to attend the counseling sessions at no
charge to them.
5. If, after the involved officer(s) returns to his/her regular duties, the officer(s) find he/she is still suffering from
the effects of post traumatic stress, the officer(s) should immediately report this to his/her supervisor. This
could result in the officer being put on light duty or administrative duty until he/she is able to receive the
necessary treatment.
Waukesha County District Attorney’s Office
If an inquest is conducted by the Waukesha County District Attorney’s Office, the involved officer(s) will remain on
administrative leave until completed. The inquest is an extremely stressful time for the involved officer(s) and the
department should consider assigning a support officer.
Officers involved in the incident, or those who have witnessed the incident, may be required to appear at the District
Attorney’s office during the review process.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/06/15
Next Review Date:
12/31/15
Officer Involved Shooting
Total Pages:
Page 7 of 7
Directive Number:
6307
WILEAG Standards:
6.3.8
If the District Attorney determines there is no basis to prosecute involved officer(s), the investigators conducting the
investigation shall release the report.
Deadly Force Review/Internal Investigation
The State of Wisconsin allows for an internal investigation into the officer-involved shooting as long as the internal
investigation does not interfere with the criminal investigation.
Department personnel conducting the internal will not be involved in the criminal investigation and will not discuss their
findings with personnel involved with the criminal investigation.
The chief of police may choose to conduct an internal investigation following the completion of the criminal
investigation.
Deadly Force Review Board: The Chief of Police will convene the Deadly Force Review Board in accordance with
directive 5301, Use of Force Reporting and Review.
New Berlin Police
Department
Directives Manual
Issue Date:
02/06/15
Next Review Date:
12/31/15
Directive Title:
In-custody Death Investigation
Total Pages:
Page 1 of 3
Directive Number:
6308
WILEAG Standards:
Purpose
This directive establishes guidelines for the investigation of any in-custody death.
Policy
It is the policy of the department to fully investigate any in-custody death, or death that is the direct result of an officer’s
actions.
Definitions
1. Lead Investigator: The lead investigator is the person in charge of the investigation, who plays a principal,
guiding role with hands-on leadership of investigation activities.
2. In-custody death: The death of an individual while in custody or while attempts to affect custody are being
made.
In-custody Death Investigations
A complete investigation will be conducted any time a person dies while in an officer’s custody, or while an officer is
attempting to affect custody. The investigation will be conducted by at least two investigators, one of whom will be the
lead investigator and neither of whom is employed by the New Berlin Police Department. The Wisconsin Division of
Criminal Investigation will be the primary agency requested to investigate any in-custody death. If the Division of
Criminal Investigation is not available, the Waukesha County Sheriff’s Department will be requested.
Involved officer(s), initial responding officers, and supervisors all have similar responsibilities as those outlined in
directive 6307, Officer Involved Shooting.
The Lead Investigator assigned to investigate an in-custody death will consider:
1. Information noted by the dispatcher from background noises during the call, as well as information provided by
the reporting party that may be related to the subject’s behavior, use of drugs or alcohol, previous law
enforcement encounters, presence of weapons, and mental health concerns.
2. Involved officer’s observations of the subject’s behavior in the course of making the arrest. For example, was
the person;
a. Calm or emotionally charged;
b. Rational or confused;
c. Able to communicate or difficult to engage in conversation;
d. Experiencing hallucinations or delusions;
e. Perspiring heavily;
f. Wearing inappropriate clothing or in a state of undress;
g. Exhibiting a high tolerance for pain, or
h. Engaging in a protracted physical encounter with officers?
New Berlin Police
Department
Directives Manual
Issue Date:
02/06/15
Next Review Date:
12/31/15
Directive Title:
In-custody Death Investigation
Total Pages:
Page 2 of 3
Directive Number:
6308
WILEAG Standards:
3. Whether family or friends indicate that the subject had been drinking heavily, using drugs, or both; had there
been a change in mental/physical health; whether the subject had been involved with the police on prior
occasions; any other relevant information provided; and whether the subject was threatening anyone or in
possession of a weapon.
4. Whether the subject was visibly injured in any way when the police arrived and what, if any, injuries were
sustained prior to death.
5. What measures the involved officer(s) took to gain control and custody, such as:
a. Attempting to verbally calm the subject;
b. Maintaining distance;
c. Reducing noise by turning off sirens;
d. Reassuring the subject;
e. Buying time;
f. Asking simple questions to determine level of coherence;
g. Attempting to deescalate the situation or other actions, and
h. Directing others at the scene to move away
6. Whether custody was required.
7. Length of time it took to gain control.
8. Means used to restrain the subject.
9. When in custody, where, and how the individual was positioned.
10. Physical reactions of the subject once arrested.
11. Whether EMS were called, and if so, at what point during the incident.
12. Whether the subject’s condition was monitored after arrest. Involved officer(s) present at time when subject
became unresponsive and steps taken.
13. Time subject pronounced dead, by whom, and results of autopsy.
Interview of Involved Officer(s): The Lead Investigator will ensure that the involved officer(s) is interviewed when
appropriate.
1. Interviews will not be conducted in an interrogation room.
2. Involved officer(s) are to be interviewed as victims and/or witnesses.
3. Involved officer(s) and legal representation should be allowed to review available video recordings prior to the
interview.
Documentation:
1. The Lead Investigator will be responsible for filing the main police report.
2. Involved officer(s) will not be compelled to file a report, but the involved officer will have the opportunity to
review the lead investigator’s account of the interview.
3. At the discretion of the involved officer, he/she may prepare his/her own use of force report.
4. A department use of force instructor will be made available to assist the officer.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/06/15
Next Review Date:
12/31/15
In-custody Death Investigation
Total Pages:
Page 3 of 3
Directive Number:
6308
WILEAG Standards:
Post Incident Procedures
1. The involved officer(s) will be placed on administrative leave as soon as possible after the incident has
occurred. The involved officer(s) will remain on administrative leave until the formal interview has taken
place or longer if necessary. The involved officer(s) will remain available during times specified by the Chief of
Police.
2. Involved officer(s) shall be required to undergo an evaluation by the agency’s mental health specialist
designated by the Chief of Police before returning to full duty. These results will be shared with the Chief of
Police so that he/she can make a determination of the officer’s duty status.
3. Any counseling needs/desires by officers or other civilian employees shall be provided by the department at
no expense to the employee. This information will not be shared with the Chief of Police, New Berlin Police
Department, or city officials. This request can be made by the involved officer to any supervisor or their
requested support officer.
4. The family members of the involved officer should be encouraged to attend the counseling sessions at no
charge to them.
5. If, after the involved officer(s) returns to his/her regular duties, the officer(s) find he/she is still suffering from
the effects of post traumatic stress, the officer(s) should immediately report this to his/her supervisor. This
could result in the officer being put on light duty or administrative duty until he/she is able to receive the
necessary treatment.
Deadly Force Review/Internal Investigation
The State of Wisconsin allows for an internal investigation into the officer-involved shooting as long as the internal
investigation does not interfere with the criminal investigation.
Department personnel conducting the internal will not be involved in the criminal investigation and will not discuss their
findings with personnel involved with the criminal investigation.
The chief of police may choose to conduct an internal investigation following the completion of the criminal
investigation.
Deadly Force Review Board: The Chief of Police will convene the Deadly Force Review Board in accordance with
directive 5301, Use of Force Reporting and Review.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/06/15
Next Review Date:
12/31/15
Domestic Abuse
Total Pages:
Page 1 of 4
Directive Number:
6309
WILEAG Standards:
6.3.9
Purpose
This directive establishes the policy of the New Berlin Police Department concerning the issue of domestic violence and
abuse and guidelines for the handling of investigations relating to domestic violence.
Policy
It is the policy of the department that officers shall make an arrest in all domestic abuse incidents where a predominant
aggressor has been identified. While the department understands that officers may sometimes have difficulty
determining who the predominant aggressor is the department discourages officers from arresting both people involved
in a domestic abuse incident. Justice is better served if officers work diligently to determine who the predominant
aggressor is.
A police officer shall, if probable cause exists, make an arrest and take a person into custody according to the guidelines
of this directive. The intent of this directive is to maximize the protection of victims of domestic violence and to hold the
predominant aggressor accountable.
Definitions
1. Domestic Abuse means any of the following engaged in by an adult person against his or her spouse, or former
spouse, against any adult with whom the person resides or formerly resided or against an adult with whom the
person has created a child:
a. Intentional infliction of physical pain, physical injury or illness.
b. Intentional impairment of physical condition.
c. A violation of ss. 940.225(1), (2), or (3) (First, second or third degree sexual assault)
d. A physical act that may cause the other person reasonably to fear imminent engagement in the conduct
described under a,b or c.
2. Predominant Aggressor means the most significant, but not necessarily the first, aggressor in a domestic abuse
incident. Officers shall consider all of the following in determining who is the predominant aggressor:
a. The history of domestic abuse between the people, if it can be reasonably ascertained by the officer,
and any information provided by witnesses regarding that history.
b. Statements made by witnesses.
c. The relative degree of injury inflicted on the people.
d. The extent to which each person present appears to fear any other person.
e. Whether any person is threatening or has threatened future harm against another person or another
family or household member.
f. Whether either person acted in self defense or in the defense of another person.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/06/15
Next Review Date:
12/31/15
Domestic Abuse
Total Pages:
Page 2 of 4
Directive Number:
6309
WILEAG Standards:
6.3.9
Guidelines
Probable Cause to Arrest: An officer shall attempt to determine if probable cause exists that a crime is being or has
been committed.
Factors to be used in determining if probable cause that a domestic abuse has occurred include, but are not limited to
the following:
1. Bodily harm or pain to the victim. A decision not to arrest may not be based solely on the absence of visible
indications or injury or impairment.
2. Statements of victim, including non-consent to the offense. This interview is to be conducted outside the
presence of the suspect. Written statements are to be obtained whenever possible.
3. Statements of family members, friends, neighbors or other witnesses. These interviews are to be conducted
outside the presence of the suspect. Written statements are to be obtained whenever possible.
4. Statements of the suspect. Written statements are to be obtained whenever possible.
5. Observations of the scene and the victim.
6. Previous calls at the same location or with same parties.
7. Previous threats/offenses against the victim by the suspect. Officers should check for the existence of a
restraining order/injunction against the suspect. Officers shall arrest for violations of temporary restraining
orders or injunctions when such an order exists and there is probable cause to believe that it was violated.
8. Marriage is not a bar to prosecution for sexual assault
Mandatory Arrest: An officer shall arrest and take a person into custody if the officer has reasonable grounds to believe
that the person is committing or has committed domestic abuse and the person's actions constitute the commission of a
crime, and any of the following circumstances are present:
1. The officer has reasonable grounds to believe that continued domestic abuse against the alleged victim is likely.
If the officer's reasonable grounds for belief are based on a report of an alleged domestic abuse incident, the
officer is required to make an arrest only if the report is received by the officer or department within twentyeight (28) days after the day the incident is alleged to have occurred.
2. There is evidence of physical injury to the victim.
3. The person is the predominant aggressor.
4. Notwithstanding the requirements of 968.07(1), if an officer identifies the predominant aggressor, it is generally
not appropriate for the officer to arrest anyone other than the predominant aggressor.
5. In determining whether to arrest a person, officers should consider whether that person acted in self defense or
defense of another person.
An officer who has reasonable grounds to believe that both parties committed domestic violence against each other
shall arrest the person whom the officer believes to be the predominant aggressor. A decision not to arrest may not be
based solely upon the absence of visible indications of injury or impairment.
An officer, who has reasonable grounds to believe that a person is committing or has committed domestic violence, will
provide the victim with a Domestic Abuse/Sexual Assault Victim Resource Information sheet. The officer will describe
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/06/15
Next Review Date:
12/31/15
Domestic Abuse
Total Pages:
Page 3 of 4
Directive Number:
6309
WILEAG Standards:
6.3.9
services that are available to the victim ensuring that the victim is aware of his/her rights as a victim under WI SS 950.
The officer will also ensure that the victim understands as a victim of domestic abuse, he/she may contact a domestic
violence victim service provider to plan for his/her safety and take steps to protect him/herself, including filing a petition
under s. 813.12 of the Wisconsin statutes for a domestic abuse injunction or under s. 813.125 of the Wisconsin statutes
for a harassment injunction.
An officer's decision as to whether or not to arrest may not be based on the consent of the victim to subsequent
prosecution or on the relationship of the persons involved.
If the suspect is not at the scene at the time of the officer’s arrival, reasonable efforts will be made to locate the suspect.
If the suspect still cannot be located, the investigating officer will complete an arrest report and request that a warrant
be issued for the suspect.
An officer shall arrest and take a person into custody if he/she has probable cause to believe that the suspect violated
the 72-hour no contact prohibition.
Domestic Violence Investigations and Report Writing
Officers must understand that a thorough investigation and report is crucial in cases of domestic violence. Officers shall
make every effort to preserve all relevant evidence and to conduct a thorough on-scene and follow-up investigation of
domestic violence incidents.
An Incident Report will be prepared and titled "Domestic Dispute" and should include the following:
1. Verbal and written statements from the victim. This interview should not be conducted in the presence of the
suspect.
2. Photographs of the victim's injuries, at the time of the initial investigation as well as 24-48 hours after the
assault.
3. A signed medical records release from the victim.
4. Interviews of other witnesses, i.e., neighbors, children, or other citizen-witnesses who can provide evidence and
information. If child interviews are necessary, it is best done away from the victim and suspect, if possible, and
by an officer sensitive to children, police social worker, or other social worker.
5. Excited utterances, admissions against interest and other informal statements of the defendant as well as formal
statements, written and verbal.
6. Evidence of child abuse. Officers should be aware of the high correlation between domestic violence and child
abuse and be alert to it. If child abuse is an issue, a separate child abuse investigation should ensue.
7. A history of abuse as described by the victim or other witnesses, as well as past police records.
8. The necessary/required forms, to include:
a. Domestic Abuse Contact Prohibition
b. Domestic Abuse Victim Notification Waiver
c. Domestic Abuse Notice of Waiver
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/06/15
Next Review Date:
12/31/15
Domestic Abuse
Total Pages:
Page 4 of 4
Directive Number:
6309
WILEAG Standards:
6.3.9
A subsequent arrest made for domestic abuse will require an Arrest Report also be prepared. If officers arrest a suspect
involved in a domestic abuse incident, that suspect will not be released until he/she has posted the required bond for
the crime charged, or the suspect appears before a judge.
If an officer does not make an arrest when he/she has probable cause to believe that a person is committing or has
committed a crime, it is mandatory that the officer prepare a written report stating the reason the suspect was not
arrested, and forward the report to the District Attorney as soon as possible.
The decision not to arrest will be reviewed by the appropriate Shift Supervisor before the report is forwarded to the
District Attorney.
Notice of Rights
Contact Prohibition: An officer shall notify the alleged victim that during the 72 hours immediately following the arrest
for a domestic abuse incident, the arrested person shall avoid the residence or any premises temporarily occupied by
the alleged victim and avoid contacting or causing any person, other than officers and attorneys for the arrested person
or alleged victim, to contact the alleged victim. The officer shall also notify the alleged victim of the procedure for
releasing the arrested person and probable time of the arrested person's release.
At any time during the 72-hour period, the alleged victim may sign a written waiver, thus negating the 72-hour no
contact prohibition. Notification of the waiver should be done outside of the presence of the arrested person. Waiver
forms will be made available upon request at the Police Department.
An arrested person shall be informed orally and in writing of a waiver of the 72-hour no contact prohibition and
provision of 939.621.
An arrested person shall be informed orally and in writing of the 72-hour no contact prohibition. The arrested party
must give a signed acknowledgment of the no contact prohibition, stating that he/she understands the requirements,
the consequences of violating the requirements and that an enhanced penalty exists for a second domestic abuse
offense committed during the 72 hours immediately following the arrest for the first domestic abuse incident.
If the arrested person refuses to sign the notice, he/she may not be released from custody and shall be conveyed to the
County Jail.
New Berlin Police
Department
Directives Manual
Issue Date:
02/08/15
Next Review Date:
12/31/15
Directive Title:
Officer Involved Domestic Abuse
Total Pages:
Page 1 of 3
Directive Number:
6310
WILEAG Standards:
6.3.9
Purpose
This directive establishes guidelines for handling matters of domestic violence and abuse involving law enforcement
officers and for implementing prevention strategies. This directive will provide law enforcement executives and
department employees’ guidance in reporting and responding to, and investigating domestic violence incidents involving
agency employees and law enforcement officers, thereby discouraging and reducing acts of domestic violence by
employees of law enforcement agencies.
Policy
The department will not accept acts of domestic violence committed by its employees. Understanding that enforcing
any actions against fellow officers can be complex and uncomfortable; this directive lays out guidelines to help reduce
the intimidation felt by responding officers. Responding officers should handle these incidents in accordance with the
training guide accompanying this directive. Moreover, this agency will not condone any retaliation against responding
officers or anyone who reports an incident of officer-involved domestic violence. Whenever incidents of domestic
violence are alleged to have occurred the department will act quickly to protect the victim, investigate the allegations,
arrest the perpetrator and conduct parallel administrative and criminal investigations.
Finally, federal law prohibits police officers convicted of qualifying misdemeanor domestic violence crimes from
possessing firearms. This directive applies to all department employees, whether sworn or not.
Guidelines
Early Warning and Intervention: The department will implement pre-hire screening and post-conditional employment
procedures to screen out candidates with a history of domestic violence. Once hired, officers and their families will
undergo an orientation and training on domestic violence and this policy. Throughout an officer’s career, the
department, supervisors, and officers will attempt to identify warning signs of domestic violence and intervene prior to
an incident happening.
Prevention through Education and Training: The department will conduct periodic training on domestic violence issues
throughout officers’ careers. The department will evaluate the domestic violence training program to improve the
program and prevent domestic violence.
Incident Response
Critical elements in responding to an officer-involved domestic violence incident include specific guidelines for a
department response, patrol response and on-scene supervisor response. The department will follow specific
procedures to respond to officer-involved incidents, ensure victim safety, for seizing and removing weapons from the
officer involved, and for conducting a department follow-up.
Patrol Response: When responding to any domestic violence call, there is potential for danger and potential for the
situation to escalate. Incidents involving officers can be even more dangerous because the officer involved knows the
New Berlin Police
Department
Directives Manual
Issue Date:
02/08/15
Next Review Date:
12/31/15
Directive Title:
Officer Involved Domestic Abuse
Total Pages:
Page 2 of 3
Directive Number:
6310
WILEAG Standards:
6.3.9
procedures for approaching the scene and the procedures used to handle these types of calls. The officer involved may
also feel as though his career is over because of this situation and may take on the attitude that he has nothing to lose.
This attitude makes such a situation extremely dangerous.
Upon arrival on the scene of a domestic violence call/incident involving a law enforcement officer, the primary patrol
unit shall immediately notify dispatch and request a supervisor be sent to the scene, regardless of the involved officer’s
jurisdiction.
Responding officers shall perform the following actions, at a minimum, upon their arrival:
1. Obtain/administer medical assistance if needed
2. Address the immediate and future safety of the victims(s)
3. Secure the scene and preserve evidence
4. Perform an unbiased investigation under the guidance of the responding supervisor
5. Attempt to locate the suspect(s) if he/she has left the scene
6. Make an arrest if probable cause exists
All involved officers will file supplemental reports. When completing reports, responding officers should not identify the
accused officer by title or rank, they should be referred to in the same manner as any other civilian.
Supervisor Response: A supervisor shall report to the scene of all law enforcement involved domestic violation
situations, regardless of the involved officer’s jurisdiction. A supervisor will also respond to all domestic violence
situations involving department employees. The supervisor will assume command; ensure that the crime scene is secure
and that all evidence is collected, including photographs.
In cases in which probable cause exists, the on-scene supervisor shall ensure an arrest is made.
The supervisor shall relieve the accused officer of his/her service weapon. The accused officer’s service weapon will be
inventoried at the department for safe keeping. Where allowable under federal, state, or local ordinances, all other
firearms/ammunition owned or at the disposal of the accused officer may be surrendered or seized to ensure the
victim’s safety. (18 U.S.C. §922(g)(9) and U.S.C. §922(d)(9)).
Whenever a law enforcement officer involved domestic violence call does not result in an arrest, the supervisor will
submit an email memo through the chain of command to the Chief of Police explaining any and all reasons why an arrest
was not made or a warrant was not sought. If the law enforcement officer involved in the domestic violence call is from
another agency, the Chief of Police will ensure that the involved officer’s agency is notified.
Post incident Administrative and Criminal Decisions
If a member of the department is involved in a domestic violence incident, the Chief of Police will designate two
separate investigators who will conduct two separate investigations. The administrative investigation will determine if
the officer violated any departmental policies and procedures and the criminal investigation will determine if the officer
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/08/15
Next Review Date:
12/31/15
Officer Involved Domestic Abuse
Total Pages:
Page 3 of 3
Directive Number:
6310
WILEAG Standards:
6.3.9
violated any laws. If the involved officer is from another agency, the department will only conduct the criminal
investigation.
Victim Safety and Protection
The department will work to ensure victim safety and confidentiality. A safety plan will be created and any perception
of victim or witness intimidation/coercion will be investigated. When the victim is a member of the department,
consideration will be given to preserving the rights of the victim, including his/her personal safety. The department
recognizes that when an officer or other employee is the victim of officer involved domestic violence there may be
reluctance, on the part of the victim, to report the abuse.
Collaboration with Victim Advocacy Agencies
The department will continually foster relationships with local advocacy groups and include those advocacy groups in
planning and offering training and in responding to domestic violence incidents.
Implementation
Once implemented, the policy will apply to past convictions, pending or existing domestic violence cases/crimes, and
future police officer domestic violence crimes.
New Berlin Police
Department
Directives Manual
Issue Date:
02/08/15
Next Review Date:
12/31/15
Directive Title:
Criminal Intelligence and Information
Sharing
Total Pages:
Page 1 of 2
Directive Number:
6401
WILEAG Standards:
6.4.1
Purpose
This directive establishes guidelines for dealing with the collection, processing, utilization, dissemination and purging of
intelligence information.
Policy
The collection, processing, and dissemination of intelligence information are essential to effective law enforcement.
Areas of concern typically include organized criminal activities, subversive activities, vice activities, terrorism, and civil
disorders and protests which will likely include criminal conduct. The process of gathering and properly disseminating
intelligence information will serve to increase the effectiveness of all aspects of the department, by identifying criminal
conduct and activities that present a danger or threat to the community’s safety and security.
Definitions
Criminal Intelligence: Information regarding individuals or activities suspected of or known to be criminal in nature that
present a threat to the community. Typically, these include such activities as:
1. Organized crime activities;
2. Vice and drug activities;
3. Organized civil disorders;
4. Acts of terrorism;
5. Criminal conduct or activities that could present a threat to the community.
General
The goal of the department intelligence function is to collect and process information related to the specific problems
listed above.
It is generally the function of the Investigation Division and Community Services Division to analyze data that has been
collected where it relates to crime. Intelligence information that is collected shall be limited to criminal conduct and
activities that present a threat to the community. Intelligence information will not be collected or maintained
concerning the political, religious or social views of any individual or group, unless that information directly relates to
criminal conduct or activity and there is a reasonable suspicion that the subject of the information may be involved in
criminal conduct or activity. Officers gathering intelligence information will ensure the legal rights and privacy of those
involved is not violated by following the guidelines in 28 CFR, Part 23, Section 23.3 - "data which has been evaluated to
determine that it is relevant to the identification of and the criminal activity engaged in by an individual who or
organization which is reasonably suspected of involvement in criminal activity..."
The Investigation Division Commander and Community Services Division Commander will ensure that timely and
appropriate intelligence information that is learned from within the department and other agencies is disseminated to
the department.
New Berlin Police
Department
Directives Manual
Issue Date:
02/08/15
Next Review Date:
12/31/15
Directive Title:
Criminal Intelligence and Information
Sharing
Total Pages:
Page 2 of 2
Directive Number:
6401
WILEAG Standards:
6.4.1
Sources of Intelligence
Information gathering is the responsibility of each member of the department. When an officer receives intelligence
information, the officer will generate a report under ProPhoenix CFS 9001 “Administrative” containing the following
information:
1. Subject, victim, and source of information/complainant as appropriate.
2. A summary of the suspected criminal activity.
3. Possible use of informants.
4. Problems or conflicts of interest.
Administrative Intelligence reports will be forwarded to the Investigation Division and the Community Services Division.
Dissemination of Intelligence Information
It is important that officers receive intelligence information on a timely basis. Intelligence information can be
disseminated:
1. Verbally (roll call)
2. Via a memo
3. Via email
Intelligence Files
Files containing specific intelligence information will be stored on the department computer network separate from
other records. Emails that contain specific intelligence information are available on the department Mimecast archive
system. These emails will remain separate from other department records.
The Criminal Intelligence file will be accessible to all department personnel. Due to the sensitive nature of intelligence
files, department personnel are reminded of their responsibility to maintain the confidentiality of department files and
not improperly disseminate information.
On an annual basis, the Community Services Division Commander, or his/her designee, will review the department
Criminal Intelligence files and will purge information that no longer has any value.
New Berlin Police
Department
Directives Manual
Issue Date:
04/08/15
Next Review Date:
12/31/15
Directive Title:
Sex Offender Registration and Accountability
Total Pages:
Page 1 of 4
Directive Number:
6402
WILEAG Standards:
Purpose
The purpose of this directive is to provide a method for sex offender registration and community notification to address
the concerns of the public regarding the location of convicted sex offenders who may be a risk for committing further
offenses. In addition, this directive establishes guidelines for the effective operation of the department’s Sex Offender
Accountability Program.
Policy
It is the policy of the department to ensure that upon notification from the Wisconsin Department of Corrections (DOC)
of the release of a sex offender into the community, an evaluation of the sex offender’s records will take place. The
evaluation will determine the level of proper notification on a case-by-case basis in the interest of public safety. The
evaluation will balance the public’s need to be informed with the offender’s need to be reintegrated into the
community.
Definitions
Special Bulletin Notifications: Written notification process giving law enforcement detailed information from DOC on a
specific offender who is about to be released from confinement to their geographical area, and who may pose
significant risk to the community.
Relevant Offender Information: Information that is deemed necessary to protect the public concerning a specific person
required to register under the law. This excludes victim identity and juvenile offender information, which can only be
released to law enforcement and corrections officials.
Sex Offender: A person convicted, adjudicated or committed under any felony sexual assault, or convicted of an offense
where the court has determined that the offense was “sexually motivated”.
SORP: Sex Offender Registry Program.
Guidelines
Sex Offender Registry:
1. For sex offenders appearing for face-to-face registration at the New Berlin Police Department, officers will:
a. Make a copy of the paperwork presented by the sex offender registrant.
b. Assign a booking number to the registrant and take a mug photo and one set of fingerprints.
c. Run a drivers file check, vehicle registration check, wanted check, and criminal history check on the
registrant.
d. Complete an incident report and arrest report. A copy of the report must be provided to the
Community Services Division for review, and to dispatch so the information can be entered into the
records management system.
New Berlin Police
Department
Directives Manual
Issue Date:
04/08/15
Next Review Date:
12/31/15
Directive Title:
Sex Offender Registration and Accountability
Total Pages:
Page 2 of 4
Directive Number:
6402
WILEAG Standards:
Sex Offender Registry Inquiry and Access: DOC’s Sex Offender Registration Program creates an informational database
that is available to law enforcement through the CIB/TIME system inquiry. Investigatory inquiries on “offender profiling”
and “offense pattern” information are available for every registered sex offender for investigatory purposes only.
Requests must be made in writing on official letterhead, by administrative message on TIME system or by telephone to
DOC’s Sex Offender Registration Program (SORP), 608-261-6780. All inquiries must include agency ORI#, specific
information requested on the Investigatory Inquiry Worksheet, and agency contact person.
It is the policy of DOC that all telephone inquiries will be followed up with a return phone call by SORP staff to verify the
law enforcement request.
DOC policy requires that the release of information will be in the form of an official letter, fax or teletype to the
requesting law enforcement agency.
Public inquiries to law enforcement concerning sex offender registrants shall be referred to the Wisconsin Department
of Corrections toll free access number 1-800-398-2403, or their website http://widocoffenders.org.
Public inquiry representing a Neighborhood Watch program will be directly provided a copy, or referred to the DOC
SORP to obtain a copy of the Neighborhood Watch Program Inquiry form. Once completed, a Community Services
Officer will need to verify that the requestor is representing an approved and recognized neighborhood watch program.
The request will not be processed by the DOC SORP without verification.
Sex Offender Intelligence Management: Special Bulletin Notifications, Face to Face Registration Reports, and other
relevant information will be filed with the original incident report.
Incident reports generated to document sex offender registrants will be assigned to roll call for intelligence purposes
and to the Community Services Division Commander for review.
On a semi-annual basis, the Community Services Commander, or his designee, will contact the Wisconsin Department of
Corrections Sex Offender Registry to obtain a current list of registrants reporting residence in the City of New Berlin. The
Community Services Commander, or his designee, shall prepare an address verification packet on each registrant listed.
The address verification packet will consist of:
1. Sex Offender Record that will include a dated photograph, physical description, registered address,
probation/parole status, employment location, school location, if enrolled, and vehicle information if available.
This information including a photograph may also be accessed by computer by any officer through WILENET,
Wisconsin Sex Offender Registry Information for Law Enforcement.
2. Address Verification Report.
3. Sec. 948.13(2) Wisc. Stats. Notification Form. It will only be necessary to serve this written notice once to each
registrant during the initial introductory contact. The service date and officer serving the notification will be
documented on the Address Verification Report.
4. Information for the Registered Sex Offender trifold published by the Wisconsin Department of Corrections. It
will only be necessary to serve this written notice once to each registrant.
New Berlin Police
Department
Directives Manual
Issue Date:
04/08/15
Directive Title:
Sex Offender Registration and Accountability
Next Review Date:
12/31/15
Total Pages:
Page 3 of 4
Directive Number:
6402
WILEAG Standards:
Sex Offender Residence Verification
Verifications will only be conducted between the hours of 0700 and 2200 unless prior approval has been obtained by a
supervisor to perform verification outside of this time restriction.
Before proceeding to an offender’s address, the assigned officer shall perform a computer check of the wanted status of
the offender through WCC. If there is an active warrant for the subject, the assigned officer shall proceed as directed by
a supervisor.
Officers shall notify WCC whenever they are at an address to conduct a residence verification.
Initial Contact with the Registered Sex Offender
Upon initial contact with their assigned sex offender, the officer will:
1. Provide the offender with the Information for the Registered Sex Offender tri-fold published by the Wisconsin
Department of Corrections. (Initial contact only)
2. The assigned officer will explain the purpose of the local initiative to the offender and verify the offender’s
address, place of employment and school information with the information listed on the Sex Offender Record.
The assigned officer will also record any vehicle information obtained from the offender. (Offenders are not
required to report vehicle information.)
3. Serve on the offender a copy of the form entitled Written Notice of Prohibition of Child Sex Offender Working
With Children. A second completed copy shall be forwarded to the Community Services Division. (Initial contact
only)
4. Advise the offender that on a semi-annual basis a police officer will be verifying his or her address through
personal visits to the residence.
5. Upon completion of the residence verification, the assigned officer shall complete an Address Verification
Report and submit it to the Community Services Division. The residence verification shall be documented in the
sex offenders name file and the Address Verification Report. The Community Services Commander or his
designee shall forward a copy of each Address Verification Report to the Sex Offender Specialist in the
offender’s county of residence.
Reporting Noncompliant Sex Offenders
If, after repeated attempts, an officer is not able to make initial contact with a sex offender, or the officer determines
the sex offender has moved, or the offender refuses to cooperate, the officer shall document the specific occurrence by
completing an incident report. This formal report documenting the specific areas of noncompliance shall be referred to
the District Attorney’s Office for prosecution.
A sex offender found to be noncompliant will not be taken into custody for the noncompliance violation alone unless
exigent circumstances exist.
New Berlin Police
Department
Directives Manual
Issue Date:
04/08/15
Next Review Date:
12/31/15
Directive Title:
Sex Offender Registration and Accountability
Total Pages:
Page 4 of 4
Directive Number:
6402
WILEAG Standards:
Community Notification
Reports documenting sex offender registrants will be forwarded to the Community Services Division Commander for
review. Upon review of the report and any related Special Bulletin Notifications, the Community Services Division
Commander may recommend to the Chief of Police that a Community Notification be made.
The Department of Corrections has developed form DOC-2342 and a list of associated definitions to be used as
guidelines to assist law enforcement in deciding whether the release of sex offender registry information about an
adjudicated or minor sex offender is necessary to protect public safety. The guidelines are advisory only and should not
be relied upon as an accurate gauge of an individual’s propensity to re-offend. When determining whether to release
juvenile information under this order, it is advisable to include staff from the Waukesha County Department of Health
and Human Services or the Division of Juvenile Corrections.
After review by the Chief of Police, a decision on notification beyond law enforcement will be made. The prevailing
interest in notification to the public is to provide information to those individuals, agencies and organizations that need
to know the potential risks involved with the release. The following levels of notification are provided:
• Level I - Limited to Law Enforcement
• Level II - Targeted Notification
• Level III - Expanded Notification
The Community Services Division shall maintain a list of agencies, organizations and neighborhood watch programs for
notification purposes.
If expanded notification (Level III) is decided, a community meeting will be arranged to inform the community of
pertinent information and to provide a forum for answering questions. This community meeting will be coordinated by
the Community Services Division Commander.
New Berlin Police
Department
Directives Manual
Issue Date:
02/08/15
Next Review Date:
12/31/15
Directive Title:
Vice, Drugs and Organized Crime
Total Pages:
Page 1 of 2
Directive Number:
6501
WILEAG Standards:
6.5.1
Purpose
This directive establishes guidelines for dealing with covert operations, vice-related activities, organized crime elements
and drug investigations.
Policy
It is the policy of the New Berlin Police Department that every sworn officer clearly recognizes his/her responsibility to
suppress organized crime and various vice activities. The investigation of vice, drugs and organized crime will be the
responsibility of the Investigation Division.
Definitions
Covert Operations: Specialized police investigations that target vice, drug and organized crime activity. Investigative
techniques include, but are not limited to surveillance, undercover, decoy, and raid procedures. Covert operations may
be used to gather criminal intelligence information.
Guidelines
It is the responsibility of the Investigation Division to coordinate and oversee vice, drugs and organized crime
investigations. The Investigation Division Commander will coordinate the assignment of personnel to conduct criminal
investigations into all allegations of the following:
1. Vice activities
a. Gambling
b. Prostitution
c. Pornography
2. Illegal Drugs
a. Possession
b. Distribution
c. Manufacturing
3. Organized Crime
a. Loan sharking operations
b. Labor racketeering
c. Corruption
d. Extortion
e. Bribery
f. Theft/Fencing rings
g. Illegal sale and/or possession of firearms or other weapons
h. Gangs and gang related activity.
Investigations into vice and organized crime allegations will be conducted by the Investigation Division. The Investigation
Division Commander will coordinate with other agencies including ATF, DEA, FBI, HIDTA and other local police agencies.
New Berlin Police
Department
Directives Manual
Issue Date:
02/08/15
Next Review Date:
12/31/15
Directive Title:
Vice, Drugs and Organized Crime
Total Pages:
Page 2 of 2
Directive Number:
6501
WILEAG Standards:
6.5.1
Drug Investigations
When personnel levels allow, the department will assign an officer to the Waukesha County Metro Drug Investigation
Unit and to the DEA Task Force. Drug investigations concerning distribution and manufacturing will be referred to either
the Metro Unit or DEA Task Force for investigation.
Receiving and Processing Complaints of Vice, Drugs and Organized Crime Violations
Complaints regarding vice activities, drug related activities or organized crime activities will come into the department
through various sources. Officers receiving information about any of these activities will complete an incident report
which will be forwarded to the Investigation Division. The Investigation Division Commander will coordinate the
processing of the investigation by referring it to the appropriate personnel.
New Berlin Police
Department
Directives Manual
Issue Date:
02/08/15
Next Review Date:
12/31/15
Directive Title:
Juvenile Operations
Total Pages:
Page 1 of 3
Directive Number:
6601
WILEAG Standards:
6.6.1, 6.6.2, 6.6.3
Purpose
This directive defines the philosophy of the New Berlin Police Department as it pertains to the treatment of juveniles
and to establish operational guidelines for the handling of juveniles.
Philosophy
The most effective means to reduce crime is to prevent it. It is with young people, particularly those at risk, that
prevention efforts are most needed and hold the greatest promise. Consistent with this idea, the New Berlin Police
Department is committed to the development and continuation of programs designed to prevent and control juvenile
delinquency. All personnel, regardless of assignment, are expected to support this philosophy.
Operational Guidelines
All sworn personnel shall be familiar with the Children's Code (Wisconsin State Statute, Chapter 48), Juvenile Justice
Code (Wisconsin State Statute, Chapter 938), Wisconsin Traffic Code, local ordinances and related directives which
specifically address the handling of juveniles by the Police Department.
Consistent with the intent of the Children’s Code, the best interest of a child shall always be of paramount
consideration. Of equal importance is the intent of the Juvenile Justice Code “to promote a juvenile justice system
capable of dealing with the problem of juvenile delinquency, a system which will protect the community, impose
accountability for violations of law and equip juvenile offenders with competencies to live responsibly and productively.”
As a guideline, disposition decisions should take into account the following factors:
1.
2.
3.
4.
5.
The nature and seriousness of the offense.
The impact of the offense on the victim(s) or on the community.
The prior record of the child.
The age and circumstances of the child.
The willingness of the child to accept responsibility and accountability for his/her actions and to try to correct
his/her behavior.
6. The willingness or ability of the child’s parent to properly guide the child.
7. The availability of community based programs.
8. Recommendations for diversion from complainants or victims.
Dispositions: Dependent upon the above listed factors, the following dispositions are available to officers:
1. Warn and release
a. For offenses of a minor nature resulting in little or no loss value.
b. For offenses in which the victim does not wish to press charges or only wishes that the child be warned.
2. Municipal Ordinance Citations
a. For offenses of a minor nature in which the conduct of the juvenile is illegal, that are covered by
municipal ordinance and/or prior warnings have not been heeded by the child.
New Berlin Police
Department
Directives Manual
Issue Date:
02/08/15
3.
4.
5.
6.
Next Review Date:
12/31/15
Directive Title:
Juvenile Operations
Total Pages:
Page 2 of 3
Directive Number:
6601
WILEAG Standards:
6.6.1, 6.6.2, 6.6.3
b. For offenses covered by municipal ordinance in which the conduct of the child is not viewed as serious
enough to warrant a referral to Juvenile Court Intake.
Restitution in Lieu of Charges
a. In cases of minor property loss, an officer may request that juvenile offenders make monetary
restitution in lieu of charges.
b. These requests should be documented in a report and forwarded to the Investigation Division. An
Investigation Division supervisor, or his/her designee, will obtain the restitution and forward it to the
victim.
c. If an offender fails to make restitution as agreed upon, the offender may be charged with the offense.
Juvenile Alcohol/Tobacco Citations and Referrals
a. An Officer may, at his/her discretion, issue a citation for possession or consumption of an alcoholic
beverage, or possession or use of tobacco products.
b. In lieu of issuing an alcohol citation, an officer may issue an assessment referral to first time offenders,
aged twelve through twenty years, who have committed an alcohol offense under SS125.07(4)(a) or (b).
c. In lieu of issuing a tobacco citation, an officer may issue an educational referral to first time offenders,
aged twelve through seventeen years, who have committed a tobacco offense under municipal
ordinances 93-4 and 93-5.
d. If the offender does not comply with the terms of the alcohol/tobacco assessment, the issuing officer
will be notified and a citation will then be issued.
Referrals to Juvenile Court Intake
a. If a child has committed a crime, which would be a felony if committed by an adult, he/she will be
referred to Juvenile Court Intake.
b. If a child is on court-ordered supervision, he/she should be referred to Juvenile Court Intake for any
subsequent offenses regardless of the degree of seriousness.
c. When a juvenile offender continues to be involved in criminal activity, they will be referred to Juvenile
Court Intake.
Taking a Juvenile into Custody and Release from Custody
a. A child/juvenile is to be taken into custody in accordance with Wisconsin Statute 48.19(1), the Children’s
Code, or 938.19(1), the Juvenile Justice Code.
b. Upon taking a child into custody, the officer should explain to the child the reason he/she was taken into
custody. The officer should immediately attempt to notify a parent, guardian or legal custodian of the
child/juvenile by the most practical means. The Officer shall continue that attempt until a parent,
guardian or legal custodian of the child/juvenile is notified or the child/juvenile is delivered to an Intake
Worker, whichever occurs first.
c. If the circumstances involved require immediate protective action, where there exists a clear and
substantial danger to the juvenile's welfare, the officer shall take the child into custody and contact an
intake worker at the Children's Center.
d. Whenever an officer takes a juvenile into custody and the juvenile is in need of emergency medical
treatment, due to a serious physical condition, mental illness, drug dependence, or intoxication and
requires prompt diagnosis or treatment, or exhibits conduct which leads the officer to believe that the
juvenile is at risk of causing substantial harm to himself or others, the officer shall take the necessary
New Berlin Police
Department
Directives Manual
Issue Date:
02/08/15
Next Review Date:
12/31/15
Directive Title:
Juvenile Operations
Total Pages:
Page 3 of 3
Directive Number:
6601
WILEAG Standards:
6.6.1, 6.6.2, 6.6.3
action to obtain transportation to an emergency treatment facility for treatment (in accordance with
Wisconsin State Statutes 51.15 or 51.45(11).)
e. In all cases in which a juvenile is interviewed or interrogated for his/her involvement in a crime, officers
will ensure that the juvenile is first advised of his/her Constitutional Rights.
Transporting Juveniles
Whenever a juvenile is transported, either to the station or to Intake, the juvenile shall not be transported along with
any adult that has been accused of a crime. Juveniles will be kept separate from incarcerated adults at all times.
Juvenile Records
Consistent with Wisconsin Statute 48.396(1) and 938.396(1), police records of children shall not be open to inspection or
their contents disclosed, except by order of Juvenile Court in accordance with Wisconsin Statute 48.293 and 938.293, or
in compliance with the exceptions listed in department directive 10201.
All other requests for juvenile records will be directed to an Investigation Division supervisor.
New Berlin Police
Department
Directives Manual
Issue Date:
02/08/15
Next Review Date:
12/31/15
Directive Title:
Juvenile Custodial Interrogations
Total Pages:
Page 1 of 2
Directive Number:
6602
WILEAG Standards:
6.6.4
Purpose
The purpose of this order is to outline when interviews or interrogations of juveniles will be audio recorded by officers of
the New Berlin Police Department.
Policy
It is the policy of the New Berlin Police Department that officers will audio record all juvenile interrogations when the
juvenile is in custody or being questioned at a place of detention. Officers will also immediately attempt to notify the
parents of juveniles who have been taken into custody.
Officers may record or be directed by a supervisor to record, any other interview or interrogation not mandated by this
directive.
Definitions
Juvenile: A person who is sixteen years of age or younger.
Custodial Interrogation: An interrogation by a law enforcement officer or agent of a law enforcement agency of a
person suspected of committing a crime from the time the suspect is informed of his or her rights to counsel and to
remain silent until the questioning ends, during which the officer or agent asks a question that is reasonably likely to
elicit an incriminating response and during which a reasonable person in the suspect’s position would believe that he or
she is in custody or otherwise deprived of his or her freedom of action in any significant way. (Custodial interrogation
does not include questions asked during investigatory stops, general on-scene questioning, or booking questions).
Place of detention: A secure detention facility, jail, municipal lockup facility, or secured correctional facility, or a police
or sheriff’s office or other building under the control of a law enforcement agency, at which juveniles are held in custody
in connection with an investigation of a delinquent act or crime.
Parent: Parent, guardian, or legal custodian of a juvenile.
Suspect: A person suspected of committing a crime.
Recording: An electronic audio or video recording.
When Recording is Necessary
Juvenile interrogations conducted at a place of detention will be recorded.
Custodial interrogations of juveniles will be recorded unless one of the following conditions exists:
1. The juvenile refused to respond or cooperate in the interrogation. A contemporaneous audio recording or
written record must be made of the juvenile’s refusal.
New Berlin Police
Department
Directives Manual
Issue Date:
02/08/15
Next Review Date:
12/31/15
Directive Title:
Juvenile Custodial Interrogations
Total Pages:
Page 2 of 2
Directive Number:
6602
WILEAG Standards:
6.6.4
2. The statement was made in response to a question asked as part of the routine processing after the juvenile was
taken into custody.
3. An equipment malfunction or an inadvertent failure to operate the equipment properly occurred.
4. The statement was made spontaneously and not in response to a question by a law enforcement officer or
agent of a law enforcement agency.
5. Exigent public safety circumstances existed that prevented the making of an audio recording or rendered the
making of such a recording feasible.
Juveniles taken into custody or questioned at a place of detention on a municipal violation shall be recorded.
Interrogations shall not be unreasonable in length, with no more than two officers present. When interrogating
juveniles, it is important to understand that juveniles are entitled the same constitutional rights as adults.
Juvenile interrogations will be recorded in the same fashion as adult interrogations, outlined in directive 6305.
Parental Notification
When a juvenile is taken into physical custody, the officer must immediately attempt to notify the parent, guardian, or
legal custodian of the juvenile by the most practical means. Such attempts shall continue until the parent, guardian, or
legal custodian is notified, or the juvenile is turned over to an intake worker.
In State v. Jerrell C.J., the Wisconsin Supreme Court also noted that refusing to allow communication between a parent
and juvenile who is in custody may be considered “coercive police conduct”, thereby jeopardizing the admissibility of
the confession in future court proceedings. Therefore, prior to beginning custodial interrogation of a juvenile, officers
will allow communication between a juvenile and parent under the following circumstances:
1. If the juvenile being held in custody asks to speak with his/her parent.
2. If the parent has requested to speak with the juvenile, and the juvenile is aware of the request.
3. If the parent has requested to speak with the juvenile, but the juvenile is unaware of the request, the officer
may use discretion in determining whether to grant the communication. (The officer must bear in mind that
refusal to allow the communication may be considered by the “Courts” to be coercive conduct, thereby
jeopardizing the admissibility of the confession as evidence in future court proceedings).
New Berlin Police
Department
Directives Manual
Issue Date:
02/09/15
Next Review Date:
12/31/15
Directive Title:
Missing Juvenile Investigations
Total Pages:
Page 1 of 6
Directive Number:
6603
WILEAG Standards:
6.6.5
Purpose
This directive establishes guidelines and responsibilities regarding the department’s response to reports of missing
children.
Policy
It is the policy of the department to thoroughly investigate all reports of missing children. Additionally every child
reported missing will be considered at risk until significant information to the contrary is confirmed.
Jurisdictional conflicts are to be avoided when a child is reported missing. If a missing child either resides in, or was last
seen in New Berlin, officers will immediately initiate the required reporting process. If a child resides in New Berlin and
was last seen in another jurisdiction, but the law enforcement agency covering that jurisdiction chooses not to take a
missing-child report, New Berlin officers will assume reporting and investigative responsibility.
Questions concerning parental custody occasionally arise in relation to missing-child reports. It is the policy of the
department to accept the report of a missing child even if custody has not been formally established. Reporting parties
shall be encouraged to obtain legal custody as soon as possible; however, since the safety of the missing child(ren) is
paramount, officers will conduct an investigation when it can be shown the child has been removed, without
explanation, from his or her usual place of residence. If custody has not been established by the Court, then the law
enforcement responsibility is to ensure the safety of the child.
Definitions
Missing Child: A person who is younger than 18 years of age and whose whereabouts are unknown to his or her
custodial parent, guardian, or responsible party.
Risk Factors: A child will be considered at risk if one or more of the following risk factors are present:
1. A child 13 years of age or younger. This age was designated because children of this age group have not
established independence from parental control and do not have the survival skills necessary to protect
themselves from exploitation on the streets.
2. Is out of the zone of safety for his or her age and developmental stage. The zone of safety will vary depending on
the age of the child and his or her developmental stage. In the case of an infant, for example, the zone of safety
will include the immediate presence of an adult custodian or the crib, stroller, or carriage in which the infant
was placed. For a school aged child the zone of safety might be the immediate neighborhood or route taken
between home and school.
3. Has a mental or behavioral disability. If the child is developmentally disabled or emotionally/behaviorally
challenged, he or she may have difficulty communicating with others about needs, identity, or address. The
disability places the child in danger of exploitation or other harm.
4. Is drug dependent, including prescribed medication and/or illegal substances, and the dependency is potentially
life-threatening. Any drug dependency puts the missing child at risk. The diabetic or epileptic child requires
New Berlin Police
Department
Directives Manual
Issue Date:
02/09/15
5.
6.
7.
8.
9.
Next Review Date:
12/31/15
Directive Title:
Missing Juvenile Investigations
Total Pages:
Page 2 of 6
Directive Number:
6603
WILEAG Standards:
6.6.5
regular medication or his or her condition may become critical. The abuser of illegal drugs, on the other hand,
may resort to crime or become the victim of exploitation.
Has been absent from home for more than 24 hours before being reported to law enforcement as missing. A
delay in reporting might indicate the existence of neglect, abuse, or exploitation within the family.
Is in a life-threatening situation. The environment in which the child is missing may be particularly hazardous.
Examples of a dangerous environment could be a busy highway for a toddler, an all-night truck stop for a
teenager, or an outdoor environment in inclement weather for a child of any age.
Is in the company of others who could endanger his or her welfare. A missing child in such circumstances is in
danger not only of sexual exploitation, but also of involvement in criminal activity such as burglary, shoplifting,
and robbery or other violent crimes.
Is absent in a way inconsistent with established patterns of behavior and the deviation cannot be readily
explained. Most children have an established and reasonably predictable routine. Significant, unexplained
deviations from that routine increase the probability of risk to the child.
Is involved in a situation causing a reasonable person to conclude the child should be considered at risk.
Significant risk to the child can be assumed if investigation indicates a possible abduction, violence at the scene
of an abduction, or signs of sexual exploitation.
Responsibilities
Initially assigned officer:
1. Respond promptly to the scene. Even if the initially assigned officer has been provided with information such as
the missing child’s description and other facts about the incident, it would be inappropriate to delay a response
to the scene to conduct a random search by doing things such as circling through parks, checking playgrounds,
or stopping suspicious individuals. Unless in immediate response to the missing child’s safety, these activities
can be handled by other patrol units.
2. Interview the parent(s) or person who made the initial report. The purpose of this interview is to gain an
insight into the circumstances surrounding why the child is missing. The initial interview will also provide other
information needed to conduct an initial assessment of the case. The initially assigned officer will complete the
Missing Person report form and file the completed form with the report.
3. Obtain a detailed description of the missing child including photo(s) and videos. The collection of information
about the missing child, including race, height, weight, hair and eye color, clothing, and other noteworthy
features, should be done promptly and relayed to other officers who may be assisting in the investigation.
Several recent photos and/or a video, if available, should be secured. Photos should be the most accurate
representation available of the missing child. If no photos are immediately believed to be available, several areas
commonly forgotten would include cell phones with cameras as well as photos included on social-networking
sites.
4. Confirm the child is in fact missing. First responders should never assume searches conducted by distraught
parents or others have been performed in a thorough manner. Another check of the scene should be made and
include places where children could be trapped, asleep, or hiding. Special attention should be paid to enclosures
such as refrigerators, freezers, and the interior of parked vehicles where limited breathing air may place the
child at even greater risk. In the case of older children, officers should ask if parents have checked with the
New Berlin Police
Department
Directives Manual
Issue Date:
02/09/15
5.
6.
7.
8.
9.
10.
11.
12.
Next Review Date:
12/31/15
Directive Title:
Missing Juvenile Investigations
Total Pages:
Page 3 of 6
Directive Number:
6603
WILEAG Standards:
6.6.5
child’s friends or perhaps overlooked or forgotten something the child may have said that would explain the
absence. A search of the home should be conducted even if the missing child was last seen elsewhere.
Verify the child’s custody status. Officers should ascertain whether a dispute over the child’s custody might be a
reason the child is missing or might constitute a risk factor. Questions regarding whether the reporting party has
legal custody, if the noncustodial parent has been contesting custody, or if the missing child expressed a desire
to live with the other parent may help an officer gain important insight into the case.
Identify the circumstances of why the child is missing. First responders need to ascertain whether the
circumstances are such that a heightened level of response is warranted. If risk factors exist then the decision to
employ additional response methods is clear. In other situations where the circumstances are not clear, officers
should keep the missing child’s safety in mind and act accordingly.
Determine when, where, and by whom the missing child was last seen. This information is needed to
determine factors such as abduction time frame, windows of opportunity, and verification of previously received
information. Interview family members, friends/associates of the child, and friends of the family to determine
when each last saw the child, what they think happened to the child, and if the child had complained about
being approached by anyone. Comparison of information gathered from the reporting party, witness, and other
sources may prove vital to case direction.
Interview the individual(s) who last had contact with the missing child. Effective questioning of those
individuals who last saw or spoke with a missing child is crucial in the case-assessment process. While seeking
information about the child’s appearance, demeanor, and actions, officers should also be alert to any
contradictions made or evasiveness demonstrated by the witness, especially if these statements cannot be
readily corroborated. Thorough documentation will allow investigative personnel to later compare those
statements with the facts of the case as they are uncovered.
Identify the missing child’s zone of safety for his or her age and developmental stage. Responding officers
should attempt to determine how far a missing child could travel from the location where last seen before he or
she would most likely be at risk of injury or exploitation. This perimeter should, under many circumstances,
define the first search zone.
Make an initial assessment of the type of incident. By employing all available assessment tools (i.e., completion
of the Missing Person form; interviews with parents, other family members, and friends; statements of
witnesses; and search of scene) an officer should be able to reach a preliminary determination regarding the
type of case and the need for additional resources. Officers must be cautious in “labeling” or classifying a
missing-child case, since the classification process will impact the way in which initial information or evidence is
gathered. Even if first indications suggest a “less urgent” incident, officers should consider all possibilities until
the case category is clearly determined.
Obtain a description of the suspected abductor(s) and other pertinent information. Officers need to
immediately record witness information, not only for general investigative use but also before witnesses forget
or speak to others who may confuse or make suggestions about what was actually observed. If the abduction
scene involves a business or other public place, officers may be able to supplement witness information with
video from security cameras that might provide crucial information about the suspect, vehicles, and
circumstances. In the case of a suspected family abduction, the reporting party may have photos of the abductor
or other valuable information.
Determine the correct NCIC Missing Person File category and ensure notification is promptly transmitted.
There are 5 categories within the Missing Person File applying to children. They are disability, endangered,
New Berlin Police
Department
Directives Manual
Issue Date:
02/09/15
13.
14.
15.
16.
17.
Next Review Date:
12/31/15
Directive Title:
Missing Juvenile Investigations
Total Pages:
Page 4 of 6
Directive Number:
6603
WILEAG Standards:
6.6.5
involuntary, juvenile, and catastrophe. Simply because the child is younger than 18 does not require the juvenile
category be used. The circumstances should govern category selection. Ensure the child is entered into NCIC/CIB
with the correct Missing Person File category.
Provide detailed descriptive information to WCC for broadcast updates. As information becomes available
regarding the missing child’s physical appearance, circumstances of the case, or description of the potential
abductor, the initial officer should ensure other officers and agencies are provided with up-to-date facts.
Identify and separately interview everyone at the scene. The name, address, home and work phone numbers
of everyone present at the scene, along with his or her relationship to the missing child, should be recorded. If
possible, include them in photos and/or videos of the incident scene. By interviewing each person privately,
officers may be able to uncover information instrumental in resolution of the case.
Conduct an immediate, thorough search of the scene. With the assistance of additional personnel, a
systematic, thorough search of the incident scene should be conducted. If appropriate, officers should obtain
written permission to search houses, apartments, outbuildings, vehicles, and other property that might hold
information about the child’s location. Evaluate the contents and appearance of the child’s room/residence.
When possible officers should also search a missing child’s school locker.
Inquire if the child has access to the Internet, cell phone, and/or other communications device. Before making
an initial decision the child has run away, an officer should determine if the child may have left to meet
someone he or she encountered while online. Since some offenders are known to use the Internet to identify
vulnerable children, what appears at first to be a runaway case, may, in fact, be a child abducted or enticed to
leave by someone the child first met online. Even if a child willingly decides to leave home to join someone first
met online, the child should be considered at risk. Additionally, since many children have their own cell
phones/other electronic communications devices and may have them while missing, an officer should note
these devices during the information-gathering process.
Complete an incident report detailing all of the information learned up to this point in the investigation.
Supervisor:
1. Respond to the scene of all “at risk” missing juvenile. Determine if additional personnel and resources are
needed to assist in the investigation. Depending on the situation, a supervisor may determine additional
personnel, including specialized units, should be called to the scene or otherwise assist in the investigation.
Certain cases may also require the supervisor to request mutual-aid from surrounding agencies. Confirm all
required resources, equipment, and assistance necessary to conduct an efficient investigation have been
requested and expedite their availability. Be available to make any decisions or determinations as circumstances
develop. Contact NCMEC to enlist their resources.
2. Consider activation of the AMBER Alert system or Reverse 911. If circumstances indicate the chances for the
child’s safe recovery would be increased by immediate public awareness, a supervisor should promptly activate
such efforts.
3. Organize and coordinate search efforts.
4. Ensure all required notifications have been made.
New Berlin Police
Department
Directives Manual
Issue Date:
02/09/15
Next Review Date:
12/31/15
Directive Title:
Missing Juvenile Investigations
Total Pages:
Page 5 of 6
Directive Number:
6603
WILEAG Standards:
6.6.5
Missing Returned
An officer assigned to the return of a missing child should:
1. Verify the located child is, in fact, the reported missing child.
2. Complete the department Missing/Returned form.
3. Arrange for the return of the child to his/her parent or legal guardian. If the parent or legal guardian is refusing
custody, contact Juvenile Intake and make arrangements to transport the child to Shelter Care.
4. Cancel any NCIC/CIB entries relating to the missing child.
5. Complete a supplement report to the initial incident report with details learned from interviewing the child.
Amber Alert
It is the policy of the New Berlin Police Department to activate the Wisconsin Amber Alert when a child abduction
reportedly occurred in our jurisdiction and ALL of the following criteria is met:
1. The child is 17 years of age or younger.
2. The child must be in danger of serious bodily harm or death.
3. There is enough descriptive information about the child, the suspect(s) and/or the suspect vehicle(s) to believe
an immediate broadcast alert will help locate the child.
Guidelines: An investigating officer who has reason to believe a child is abducted will verify the details with his/her
supervisor.
The supervisor will determine if the criteria listed above have been satisfied for an Amber Alert Activation. If Amber
Alert criteria have been met, complete the following Amber Alert forms:
1. Child Abduction Emergency Alert Form
2. Broadcast Script Form
3. Victim form.
4. Suspect form.
5. Vehicle form.
The supervisor will determine if the alert will be broadcast regionally, multi-regionally or statewide.
The child must be entered in the National Crime Information Center (NCIC) database.
The supervisor will telephone the Dane County Public Safety Communication Center to request Amber Alert Activation
at 608-267-3913. The Child Abduction Emergency Alert form and the Broadcast Script form will be faxed immediately to
the Dane County Public Safety Communication Center at 608-266-9861. When completed, send the Victim, Suspect and
Vehicle form to DCPSCC also. If available at the time, e-mail a photograph of the child to the Dane County Public Safety
Communication Center at [email protected]. If a photograph is not available at the time, obtain one as soon as
possible and e-mail it to DCPSCC immediately.
New Berlin Police
Department
Directives Manual
Issue Date:
02/09/15
Next Review Date:
12/31/15
Directive Title:
Missing Juvenile Investigations
Total Pages:
Page 6 of 6
Directive Number:
6603
WILEAG Standards:
6.6.5
As time permits, an officer should obtain written parent/guardian consent to release the name and photograph of the
abducted child on the Child Photo and Name Release Form.
Any subsequent Amber Alert updates and deactivations must be faxed to the Dane County Public Safety Communication
Center using the following forms:
1. Amber Alert Update Form
2. Amber Alert Deactivation Form
To assist the media and public in submitting leads and requesting information from our agency the following should be
done:
1. Designate a 24-hour telephone number (262-780-8123)
2. Designate a fax number (262-782-9033)
3. Designate an e-mail address (determined at time of incident)
4. Designate a media liaison that will coordinate information interviews and send out press releases (determined
at time of incident).
Contact the FBI-Milwaukee Office at 414-276-4684 and inform them of our Amber Alert incident.
Additional information can be found on the Wisconsin Amber Alert Law Enforcement Protocol.
Community Notification
Several community notification services are available to assist officer in instances of a missing juvenile. “A Child is
Missing” and “My State USA” are both services available to notify the community that a juvenile is missing.
Officers will follow department procedures when utilizing either of these services.
New Berlin Police
Department
Directives Manual
Issue Date:
02/10/15
Next Review Date:
12/31/15
Directive Title:
Relinquishing Custody of Newborns
Total Pages:
Page 1 of 2
Directive Number:
6604
WILEAG Standards:
6.6.6
Purpose
This directive provides guidance to officers when dealing with a parent of a newborn that wishes to relinquish custody of
his/her child to law enforcement personnel as provided for in Wisconsin State Statute 48.195.
Policy
The New Berlin Police Department shall accept custody of a newborn child under the provisions of 48.195 in order to
protect the health and safety of the child and to provide a safe harbor until the child can be transferred to a medical
facility. Waukesha County Child Protective Services shall be notified immediately that an officer is accepting custody of
a newborn.
Definitions
Newborn: A child who is reasonably believed to be less than 72 hours old.
Abuse or Neglect: Has the meaning assigned in Wisconsin State Statute 48.02.
Statutory Requirements
A parent who wishes to relinquish custody of their child can bring the child to the police station, deliver it to an officer,
or call 911 and have an officer dispatched to meet the parent and take custody of the child.
Any officer who takes custody of a child shall take any action necessary to protect the health and safety of the child and
shall, within 24 hours after taking custody of the child, deliver the child to an intake worker under Wisconsin State
Statute 48.20.
Unless there is reasonable cause to suspect that the child has been the victim of abuse or neglect or that a person
assisting the parent is coercing the parent into relinquishing custody of the child, the following conditions apply
regarding a parent who relinquishes custody of their child and any person who assists the parent in that relinquishment:
1. They have the right to remain anonymous.
2. No person may induce or coerce, or attempt to induce or coerce, a parent or assisting person into revealing their
identity.
3. They may leave the presence of the officer who took custody of the child at any time, and no person may follow
or pursue them.
4. An officer cannot attempt to locate or ascertain the identity of a parent who relinquishes custody of a child.
Any person who obtains any information relating to the relinquishment of a child shall keep that information
confidential and may not disclose that information, except to the following persons:
New Berlin Police
Department
Directives Manual
Issue Date:
02/10/15
Next Review Date:
12/31/15
Directive Title:
Relinquishing Custody of Newborns
Total Pages:
Page 2 of 2
Directive Number:
6604
WILEAG Standards:
6.6.6
1. The birth parent of the child, if the parent has waived their right to remain anonymous, or the adoptive parent
of the child if the child is later adopted.
2. Appropriate staff of the child welfare agency that is providing services to the child.
3. An attending physician for purposes of diagnosis and treatment of the child.
Any officer who takes a child into custody shall make available to the parent the Maternal and Child Health toll-free
telephone number, which is 1-800-722-2295. The decision whether to accept this information is entirely voluntary on
the part of the parent.
Any officer who takes custody of a child is immune from any civil liability to the child’s parents, or any criminal liability
for any good faith act or omission occurring solely in connection with the act of receiving custody of the child from the
child’s parents, but is not immune from any civil or criminal liability for any act or omission occurring in subsequently
providing care for the child.
Guidelines
An officer who takes custody of a child under this directive shall:
1. Attempt to obtain as much voluntary information as possible from the person who surrenders the child utilizing
the Safe Harbor for Newborns medical information form.
2. Attend to the immediate care/needs of the child.
3. Make available to the parent copies of Wisconsin Department of Children and Families Infant Relinquishment
form and Health Information for Birth Mother form.
4. Request the Fire Department/Paramedics to respond to the child’s location. Paramedics will perform a medical
assessment and then transport the child to a medical facility. Once medically cleared, officers will turn the child
over to an intake worker at the medical facility.
5. Notify his/her supervisor, as well as the Waukesha County Health and Human Services.
6. Complete a detailed incident report outlining the surrender of the child prior to the end of his/her shift. The
report will include documentation of notification of Waukesha County Health and Human Services.
New Berlin Police
Department
Directives Manual
Issue Date:
02/10/15
Next Review Date:
12/31/15
Directive Title:
Reporting of Child Abuse
Total Pages:
Page 1 of 2
Directive Number:
6605
WILEAG Standards:
6.6.7
Purpose
This directive establishes guidelines for investigating crimes in which children are victims of abuse or neglect as
described within Chapters 948 and 48 of the Wisconsin Statutes.
Policy
The protection of all children is vital to the well-being of the community. The New Berlin Police Department is
committed to providing those services which will assist in the protection of children by investigating all claims of possible
child abuse or neglect, making the proper referral to social service agencies in accordance with Wisconsin State Statute
48.981, and pursuing these matters through the Criminal Justice System.
Responsibilities
The investigation of reports of possible child abuse or neglect will be conducted by the Investigation Division. All sexual
assaults involving a juvenile (assailant or victim) will be investigated by the Investigation Division.
The primary responsibility of all officers investigating allegations of child abuse or neglect is the welfare of the child. In
all cases, officers should ensure the medical safety of the child before conducting any investigation.
Initial Investigation: When an officer receives a child abuse complaint, the officer will first attempt to determine what
happened to the child without interviewing the actual child victim.
1. To accomplish this task, the officer should interview the complainant and/or any witnesses.
2. If the witness or complainant has insufficient details and the child needs to be interviewed in order to establish
some sort of abuse occurred to the child, the officer should conduct a minimal facts interview of the child. The
goal of the “Minimal Facts Interview” is to ask the basic who, what, and where questions, without asking leading
questions or suggesting an answer. Officers should refer to the “Minimal Facts Interview” form for guidance.
3. Once the officer has enough information to determine a crime occurred the officer should stop the interview
and contact a crisis worker for a joint interview. The interview will probably be conducted by a forensic
interviewer at the CARE Center. If the suspect is a caregiver, the crisis worker may make arrangements to
remove the child from the dangerous environment.
Crime Scene Processing: If there is a crime scene, evidence will need to be obtained and processed.
Photography:
• Crime Scene: The crime scene should be photographed prior to moving or collecting evidence.
• Suspect: Obtain photos of any injuries on the suspect. Photograph clothing prior to collecting.
• Victim: Obtain photos of any visible injuries. Ensure that an officer of the same sex as the child takes
photos of any injuries.
Evidence:
• Crime Scene: Secure the scene for evidence. Collect all pertinent evidence: fingerprints, trace evidence,
suspect’s clothing, bedding, condoms, or other evidence related to the crime. If evidence is potentially
stored on a computer, jump drive, external hard drive, or any other media, collect the storage device.
New Berlin Police
Department
Directives Manual
Issue Date:
02/10/15
•
•
•
Next Review Date:
12/31/15
Directive Title:
Reporting of Child Abuse
Total Pages:
Page 2 of 2
Directive Number:
6605
WILEAG Standards:
6.6.7
Suspect: Collect suspect’s clothing and cell phone. If there is evidence on the suspect’s person, obtain
consent to search, and convey the suspect to Waukesha Memorial Hospital for a SANE exam. If the suspect
denies consent, consider a search warrant. If the suspect is a juvenile, obtain consent from the juvenile and
parent.
Victim: If evidence is potentially on the victim’s person, the evidence should ideally be preserved so it can
be collected during the SANE exam. If there is a danger the evidence will be compromised or lost by waiting
until the victim is taken to the hospital, the officer may consult with the SANE on-call to determine the best
way to retrieve and preserve the evidence. If the victim has already changed clothes, retrieve the originally
worn clothes.
Laundered Evidence: Clothing, bedding, etc., should be collected and preserved even if the items have been
laundered. DNA evidence may still be present.
In the event the crime is reported by a school official and a school resource officer is unavailable, an Investigation
Division supervisor should be notified. The Investigation Division supervisor will assess the allegations to determine if a
detective should take the initial complaint.
Medical Exam and Interview
Child victims of sexual abuse, physical abuse, or neglect must be encouraged to have a medical exam at the CARE Center
when charges are referred to the District Attorney’s office. Parents can also get medical exams on their children even if
there are no charges referred. The exam will be conducted with the victim’s parent or guardian’s consent. The exam
will focus on injuries, diseases, and pregnancy. Medical exams can be conducted at the CARE Center for children 17
years old and younger. If the CARE Center nurse practitioner is unavailable and there is an exigent need for an exam,
the Waukesha Memorial SANE nurse will examine children 14 – 17 years old. Sinai Memorial or West Allis Memorial
hospital nurse will examine children 13 years old and younger when exigency exists.
Ultimately, Step Wise trained personnel at the CARE Center will conduct the interview of the child. Any child, 17 years
old and younger can be interviewed at the CARE Center. An appointment will need to be made and the interview may
not occur the same day. Any officer can assist in the interview, but a detective will likely be assigned. The
officer/detective’s role will primarily consist of observing the entire interview and collecting the DVD copy of the
interview. If the CARE Center interviewer is unavailable, Step Wise trained Investigation Division personnel may conduct
the interview.
Mandatory Reporting
Whenever an allegation of abuse or neglect is reported to a police officer, the officer must take the report and contact
the Waukesha County Division of Health and Human Services. During regular business hours, the officer should contact a
crisis worker directly by calling the Waukesha County Division of Health and Human Services. If outside regular business
hours, the officer should notify Intake. The notification shall be completed within 12 hours following the complaint.
New Berlin Police
Department
Directives Manual
Issue Date:
02/11/15
Next Review Date:
12/31/15
Directive Title:
Search and Transport of Prisoners
Total Pages:
Page 1 of 4
Directive Number:
7101
WILEAG Standards:
7.1.1, 7.1.2, 7.1.3,
7.1.4, 7.1.5, 7.1.6,
7.1.7, 7.1.8, 7.1.9,
7.1.10
Purpose
This directive establishes guidelines for officers searching and transporting prisoners.
Policy
When an officer transports a prisoner, this becomes his/her primary responsibility. It is the officer's responsibility to
protect persons being transported in department vehicles from injury and not place them in a potentially hazardous
position. Officers will ensure that all prisoners wear a safety belt while being transported in a department vehicle.
Search of Prisoners
In accordance with directive 5101 and unless otherwise authorized, all arrested persons will be handcuffed behind their
back with the handcuffs safety locked. Officers will search all arrested persons incident to the arrest.
Prior to any transport, all arrested persons will be searched for weapons, evidence, contraband or tools that could aide
in an escape. If the arresting officer is also the transporting officer, another search is not necessary. However, if an
officer different from the arresting officer is transporting a prisoner, that transporting officer shall search the prisoner
before any transport.
Prisoner Restraint
Anytime a prisoner is transported in a department vehicle, the prisoner will be properly restrained. Normally, officers
will utilize properly applied handcuffs to restrain a prisoner. When circumstances dictate, other acceptable restraint
methods include:
1. Leg irons
2. Ripp Restraint Hobble
3. Ripp Restraint Sit Belt
4. Ripp Restraint Prisoner Transport Belt
5. Ripp Restraint Tube
6. Ripp Restraint Violent Prisoner Transport Restraint
7. Emergency Restraint Chair
8. Spit Hood
No prisoner will be transported “hog tied” or in a prone position.
Search of Transport Vehicle
Officers will only transport a prisoner in either a squad with a partition separating the rear passenger area from the
officer or the department prisoner van.
New Berlin Police
Department
Directives Manual
Issue Date:
02/11/15
Next Review Date:
12/31/15
Directive Title:
Search and Transport of Prisoners
Total Pages:
Page 2 of 4
Directive Number:
7101
WILEAG Standards:
7.1.1, 7.1.2, 7.1.3,
7.1.4, 7.1.5, 7.1.6,
7.1.7, 7.1.8, 7.1.9,
7.1.10
Before beginning their tour of duty, officers will inspect their patrol vehicle to ensure that it is in proper working
condition and assigned equipment is present and functional. Officers will take special care when inspecting the rear
passenger area of their patrol vehicle. This area will be searched for any weapons, contraband or tools that could aide a
prisoner’s escape before the officer begins his/her tour of duty.
If the transporting officer is certain there are no possibility the rear passenger compartment of his/her vehicle has been
contaminated, the transporting officer does not have to search the vehicle before placing a prisoner in the rear
passenger compartment. However, it is prudent for the officer to take a moment to ensure that the rear passenger area
is free of any weapons, contraband or tools that could aid the prisoner’s escape.
When the department prisoner van is used to transport a prisoner, the rear passenger compartment of the van will be
searched prior to placing any prisoner in the van.
Regardless of which vehicle is used to transport a prisoner, the transport vehicle will be searched after the transport to
ensure that the prisoner has not hidden any weapons or contraband in the vehicle.
Placement of Prisoners and Officers in Transport Vehicle
As a general rule, officers will only transport one prisoner at a time in a patrol squad. The prisoner will be placed in the
right rear seating position. The prisoner will be seat-belted in with both lap and shoulder belts properly fastened. The
fold down partition window will be closed when a prisoner is in a patrol squad. When transporting a prisoner at night,
the rear passenger compartment light will be turned on to allow the transporting officer to observe the prisoner.
A supervisor may approve transporting two prisoners in a patrol squad when circumstances leave no other option. In
this case, two officers will be in the patrol squad during the transport. One officer will drive the vehicle, with the other
officer seated in the front passenger seat. In the event a patrol squad is used to transport two prisoners at the same
time, the prisoners must be of the same sex. Prisoners of the opposite sex will not be transported at the same time in
any department vehicle.
Officers may transport a prisoner of the opposite sex. In these situations, the officer will advise WCC of the start and end
mileage of the transport.
Officers will never transport a prisoner by themselves. In all cases, two officers will conduct the transport. The second
officer may follow behind the transporting officer in another squad, or may ride along in the transporting vehicle.
The department prisoner van may be used to transport several prisoners at one time. Unless a prisoner is retrained in
the Emergency Restraint Chair, all prisoners will be placed in the rear passenger compartment of the prisoner van. The
prisoner will be seat-belted with the provided lap belt. Whenever the prisoner van is used to transport multiple
prisoners, or a prisoner restrained in the Emergency Restraint Chair, a minimum of two officers will conduct the
transport.
New Berlin Police
Department
Directives Manual
Issue Date:
02/11/15
Next Review Date:
12/31/15
Directive Title:
Search and Transport of Prisoners
Total Pages:
Page 3 of 4
Directive Number:
7101
WILEAG Standards:
7.1.1, 7.1.2, 7.1.3,
7.1.4, 7.1.5, 7.1.6,
7.1.7, 7.1.8, 7.1.9,
7.1.10
Limitation of Communication
Prisoners are allowed to communicate with the transporting officer. However, in cases where multiple prisoners are
being transported at the same time in the same vehicle, the transporting officer should tell the prisoners they are not
allowed to communicate with each other during the transport. Officers should continue to monitor the prisoners to
ensure they are not collaborating on an escape plan.
Transfer of Custody
Officers will frequently have to transport a prisoner to another agency (i.e. Waukesha County Jail, Waukesha County
Mental Health, etc). Anytime officers are transporting a prisoner to or from another agency, officers will adhere to the
other agencies policies for transferring custody of a prisoner.
Before transferring custody of a prisoner, officer will secure their pistol in a manner and location provided for by the
transferring agency. If the transferring agency does not have a location to secure weapons, officers may secure their
pistol in the trunk of their vehicle.
When officers transport a prisoner to the Waukesha County Jail, the transporting officer will complete the Waukesha
County Jail Arrest/Booking Worksheet and the Waukesha County Jail Arrest Detail form. Officers will provide these
forms and other necessary paperwork to the jail when transferring custody of a prisoner.
Officers that pick a prisoner up from another agency will complete any paperwork required by that agency.
Officers will alert the receiving agency to any unusual security threats or medical issues posed by their prisoner. When
officers transport a violently resisting prisoner in the Emergency Restraint Chair, New Berlin officers will coordinate with
the receiving agency on the safe removal of the prisoner from the Emergency Restraint Chair.
Special Transport Situations
Handicapped or Disabled Prisoners: Officers will exercise due care when transporting a handicapped or disabled
person. If a handicapped or disabled person cannot be safely transported in a police squad, officers should consider
transporting the handicapped or disabled person in an ambulance. Officers will ensure that the handicapped or disabled
person is restrained as appropriate for the person’s handicap. Ripp Restraints are an appropriate alternative to consider
for a handicapped or disabled person. Officers will ensure that assistive devices used by the handicapped or disabled
person are transported along with the person. Unless circumstances dictate otherwise, officers will not remove any
assistive devices used by the handicapped or disabled person.
Mentally Ill Prisoners: Mentally ill prisoners can pose a significant threat to themselves and transporting officers.
Mentally ill prisoners will be restrained as safely as possible. Violently mentally ill prisoners may need to be transported
in either the Emergency Restraint Chair, or possibly an ambulance.
New Berlin Police
Department
Directives Manual
Issue Date:
02/11/15
Next Review Date:
12/31/15
Directive Title:
Search and Transport of Prisoners
Total Pages:
Page 4 of 4
Directive Number:
7101
WILEAG Standards:
7.1.1, 7.1.2, 7.1.3,
7.1.4, 7.1.5, 7.1.6,
7.1.7, 7.1.8, 7.1.9,
7.1.10
Sick or injured Prisoners: Officers will summon EMS anytime they are dealing with a sick or injured person they will be
taking into custody. Sick or injured prisoners will be transported in an ambulance. If the sickness or injury allows, the
prisoner will be restrained to the cot in the ambulance. Ripp Restraints may be an appropriate alternative to restrain a
sick or injured person. Officers will not use any restraints that will further injure the person, exacerbate the person’s
condition or lead to death. At least one officer will accompany the sick or injured prisoner at all times in the ambulance.
If a sick or injured person is taken to the hospital, officers will remain with the prisoner at all times, if medically possible.
Officers should only remove any restraints as requested by medical staff. If it is not necessary to remove the restraints,
the prisoner should at least remain handcuffed.
In cases where a sick or injured person is admitted to the hospital, officers will notify their supervisor. If the person is in
the department’s custody for a criminal offense, the supervisor will arrange a rotating schedule of officers who will
remain with the prisoner at all times.
All medical documentation will be brought to the facility that eventually confines the prisoner.
Special Situations: The department will not transport prisoners for the purpose of attending funerals, reading of a will,
visiting critically ill persons, or other unique situations that may arise.
Prisoner Escape
In the event a prisoner is able to escape from officers before, during or after a transport, officers will:
1. Ensure their safety and the safety of innocent people where the escape occurred.
2. Immediately notify WCC of the escape location, description and direction of travel of the escapee and request
assistance from the law enforcement agency in which the escape occurred.
3. Establish a perimeter and assist the responding agency with a search for the escapee.
4. Complete an incident report detailing the circumstances of the escape.
New Berlin Police
Department
Directives Manual
Issue Date:
02/10/15
Next Review Date:
12/31/15
Directive Title:
Municipal Lockup Facility
Total Pages:
Page 1 of 9
Directive Number:
7201
WILEAG Standards:
7.2.1, 7.2.2, 7.2.3, 7.2.4,
7.2.5, 7.2.6, 7.2.7, 7.2.8,
7.2.9, 7.2.10, 7.2.11, 7.2.12,
7.2.13, 7.2.14, 7.2.15,
7.2.16, 7.2.17, 7.2.18,
7.2.19, 7.2.20, 7.2.21
Purpose
This directive provides guidelines for the detention of adults and juveniles in the New Berlin Municipal Lockup facility.
Policy
This directive governs the operation and maintenance of the municipal lock-up and is intended to ensure that the
standards and recommendations as set forth by the Division of Corrections and the Wisconsin Department of Health and
Social Services, as well as applicable statutory regulations, are adhered to in the detention and confinement of persons.
All personnel having the occasion to utilize the municipal lock-up shall be trained and instructed in this directive prior to
using the facility. A copy of this directive will be available to all personnel using the lockup facility and, upon request, a
copy provided to inmates for review.
Use of Municipal Lockup Facility
The use of the New Berlin Municipal Lockup Facility is limited to the following situations:
1. Temporary detention while awaiting booking;
2. Temporary detention while awaiting release to a responsible party;
3. Temporary detention while awaiting transportation to another jail facility.
Firearms and all edged weapons (knives) are prohibited from being brought into the municipal lockup/booking room
area. All officers will secure their firearms and edged weapons in a weapons locker prior to entering the municipal
lockup/booking room area. Weapons lockers are available outside every entrance to the municipal lockup/booking
room. The only exception to this provision is an officer responding to a known threat requiring the escalation of force to
that of deadly force. Officers are allowed to enter the municipal lockup/booking room armed with their batons, TASERs,
and/or Oleoresin Capsicum (OC) spray. Officers are expected to take necessary precautions in keeping unconventional
weapons such as ticket books, clipboards, and/or miscellaneous property, out of the booking area. Officers will carry a
body alarm on their person while processing inmates.
A locked combination box in the municipal lockup/booking room supplies room contains a First Response Emergency
Tool (serrated knife and center punch) and spare keys to all of the cells. The box can be accessed by following
established procedures.
No more than one person shall be placed in each individual cell. In the event of a mass arrest when it is necessary to
detain more inmates than the individual cell capacity, the supervisor has the option of:
1. Utilizing cell #3, the group holding room, for temporary detainment; maximum capacity is 8 inmates, maximum
of 4 hours.
New Berlin Police
Department
Directives Manual
Issue Date:
02/10/15
Next Review Date:
12/31/15
Directive Title:
Municipal Lockup Facility
Total Pages:
Page 2 of 9
Directive Number:
7201
WILEAG Standards:
7.2.1, 7.2.2, 7.2.3, 7.2.4,
7.2.5, 7.2.6, 7.2.7, 7.2.8,
7.2.9, 7.2.10, 7.2.11, 7.2.12,
7.2.13, 7.2.14, 7.2.15,
7.2.16, 7.2.17, 7.2.18,
7.2.19, 7.2.20, 7.2.21
2. Transporting the inmate(s) to the Waukesha County Jail/Secured Detention or a holding facility at a surrounding
law enforcement agency
3. Consider releasing the person(s) pending an appearance at a later date and time.
The municipal lockup cells will not be used to detain persons who are a high-escape risk or who are known or believed
to be significant risks to the safety of themselves or others. These persons should be conveyed as soon as possible to
either the Waukesha County Jail or other detention facility, which is appropriate under the circumstances.
Adult inmates of opposite sexes, or juveniles, will not be incarcerated in the municipal lockup facility at the same time,
unless separated by sight and sound.
Females may be detained in the holding cells only if a female officer is present to conduct proper searches and to
supervise the female inmate during the time she is incarcerated. The female officer may be from another community.
No person, other than law enforcement personnel, will enter the municipal lockup facility when it is occupied except
emergency personnel acting in the performance of their duties or attorneys. Department personnel may only enter the
municipal lockup facility when it is occupied when doing so is necessary to perform their official duties.
The sally port and general booking area is under continuous visual surveillance by the Police Records Clerks utilizing
multiple digital video cameras. Additionally, there is video monitoring available within the individual holding cells. A
video monitor is available in the main booking room area for officers to maintain video surveillance of an inmate in a
cell. Both the records area monitor, and the booking room monitor, will have the area of the toilet blacked out to
provide privacy to an inmate using the toilet. Any time a strip search is performed in a cell, the video camera in the cell
will be covered to prevent anyone other than the officer performing the strip search to view the search. A cover
specifically designed for the cell video cameras is available in the lockup facility storage room.
The Records Division is designated as the Emergency Control Point for the lockup facility. Video monitoring and
monitoring of the body alarms worn by officers will be conducted by Police Records Clerks any time the lockup facility is
used.
Processing of Inmates
Prior to detention, the inmate and the cell in which the inmate is placed shall be searched for contraband and weapons
irrespective of any previously conducted field searches. Upon removing an inmate from the cell, the cell shall be
searched again.
Detention will be limited to a maximum of six hours. Any detention longer than six hours must first be approved by a
supervisor.
New Berlin Police
Department
Directives Manual
Issue Date:
02/10/15
Next Review Date:
12/31/15
Directive Title:
Municipal Lockup Facility
Total Pages:
Page 3 of 9
Directive Number:
7201
WILEAG Standards:
7.2.1, 7.2.2, 7.2.3, 7.2.4,
7.2.5, 7.2.6, 7.2.7, 7.2.8,
7.2.9, 7.2.10, 7.2.11, 7.2.12,
7.2.13, 7.2.14, 7.2.15,
7.2.16, 7.2.17, 7.2.18,
7.2.19, 7.2.20, 7.2.21
Any inmate held in excess of six hours shall be furnished a meal. If the inmate continues to be held longer than six
hours, the inmate will be provided a meal at normal mealtimes thereafter. No inmate will be confined longer than
twelve hours. Any inmate requiring longer confinement will be transported to the Waukesha County Jail.
Whenever an inmate is brought into the lockup facility, officers will conduct a custodial inventory search of the inmate
and will remove all of the inmate’s personal property. The inmate’s personal belongings shall be logged on the “Record
of Temporary Confinement” form. The property may be stored in the lockers provided in the lockup facility supply area.
Upon release from custody, the inmate’s property will be returned and officers will ask the inmate to sign for his/her
property. If the inmate refuses to sign for his/her property, this will be noted on the form and witnesses by another
officer.
At a minimum, officers will positively identify incoming inmates through photo ID and the MorphoTouch system.
When an inmate is secured in a cell, the "Record of Temporary Confinement" form will be attached to the clipboard on
the corresponding cell door. Completed "Record of Temporary Confinement" forms will be forwarded to the Shift
Supervisor for approval. The original copy will be filed with the incident report. A copy of the form will be placed in the
Cell Log Binder.
Personnel shall check on an inmate every 15 minutes or sooner. Checks shall be recorded on the "Record of Temporary
Confinement" indicating the name of the officer performing the check and the time of such check. A notation should be
made of what the inmate was doing at the time of the check (sitting, pacing, etc).
A "Medical Intake Report" form will be completed for each inmate detained in a cell in the municipal lockup facility. The
original copy will be filed with the Incident Report. A copy of the “Medical Intake Report” will be placed in the Cell Log
Binder. Every 6 months, the copies will be forwarded to the Records Division for filing in the inmates’ confidential
medical files.
Officers will positively identify an inmate whenever they release or transfer custody of the inmate. If the
transporting/releasing officer was also the arresting officer, a visual identification is sufficient. In other cases the inmate
should be identified by both photo ID and name/date of birth or by visual identification by the arresting officer.
Security and Control Guidelines
Under no circumstances shall an officer enter an occupied cell alone, except when they are being monitored by another
officer or are wearing a body alarm.
Lockup cell door keys are hung on hooks on a cabinet door by the booking room sink. A set of back-up keys is kept in a
locked cabinet in the lockup facility storage room. A third set of keys are hung in the Patrol Equipment Storage room in
the Patrol Division. Any officer using the lockup facility shall be responsible for use and control of any keys utilized.
New Berlin Police
Department
Directives Manual
Issue Date:
02/10/15
Next Review Date:
12/31/15
Directive Title:
Municipal Lockup Facility
Total Pages:
Page 4 of 9
Directive Number:
7201
WILEAG Standards:
7.2.1, 7.2.2, 7.2.3, 7.2.4,
7.2.5, 7.2.6, 7.2.7, 7.2.8,
7.2.9, 7.2.10, 7.2.11, 7.2.12,
7.2.13, 7.2.14, 7.2.15,
7.2.16, 7.2.17, 7.2.18,
7.2.19, 7.2.20, 7.2.21
Officer access to the lockup facility is by electronic scramble pad. An emergency key to by-pass the electronic lock is
available with all three key sets.
Under normal circumstances, inmates will be allowed to remain in their street clothes unless it is necessary to have
them change into department provided clothing, as in cases where clothing is required for evidence or when clothing is
in such a condition that it creates a health hazard. In the event an inmates’ clothing is confiscated, adequate and
appropriate clothing and footwear will be provided for use by the inmate while in custody. All belts, suspenders, ties,
shoe laces, matches and other incendiary devices, and any other item which an officer has reason to believe may
compromise the security or safety of the person to be incarcerated, shall be taken from an inmate prior to placement in
the cell.
When inmates pose a safety risk to arresting officers or to prevent escape when lockup cells are not available, they may
be retrained. Inmates will not be secured to immovable objects, except for those designed and intended for such use
(i.e. eye hooks under the booking room bench). When restrained, inmates will never be left unattended.
The lockup facility is frequently used to process intoxicated persons. Officers will constantly monitor intoxicated persons
until they are released. If the intoxicated person cannot arrange for a responsible person to pick him/her up, officers will
transport the person to the Waukesha County Jail for a 12 hour hold.
Persons or inmates that are exceptionally violent or self-destructive can be restrained in the Emergency Restraint Chair.
If the person maintains their level of violence or self-destructiveness, officers will transport the person to the Waukesha
County Jail to be held in their facility. Officers will provide the jail with as much advance notice as possible about the
person’s level of violence.
Prohibited Practices
The following practices are prohibited in the lockup facility:
1. Corporal punishment of inmates.
2. Lockup staff may not give an inmate disciplinary authority over another inmate.
3. Lockup staff will not sexually abuse or harass any inmate. Any inmate may report incidents of sexual harassment
or abuse by lockup staff.
4. No tools or culinary utensils will be provided to any inmate.
5. Inmates are not allowed to receive any mail or packages while held in the municipal lockup facility.
Suicide Prevention
Detained persons shall be screened for suicide risks by the arresting officer. Their responses will be documented on the
“Medical Intake Report”. If any lock-up staff member determines an inmate is a possible suicide risk, but the conditions
of emergency detention under Chapter 51.15 are not present, the inmate will be placed in holding room number 3 and
New Berlin Police
Department
Directives Manual
Issue Date:
02/10/15
Next Review Date:
12/31/15
Directive Title:
Municipal Lockup Facility
Total Pages:
Page 5 of 9
Directive Number:
7201
WILEAG Standards:
7.2.1, 7.2.2, 7.2.3, 7.2.4,
7.2.5, 7.2.6, 7.2.7, 7.2.8,
7.2.9, 7.2.10, 7.2.11, 7.2.12,
7.2.13, 7.2.14, 7.2.15,
7.2.16, 7.2.17, 7.2.18,
7.2.19, 7.2.20, 7.2.21
kept under close observation. The inmate’s condition will be checked at least every 15 minutes or more often. Any
clothing or personal articles that could be used to inflict harm shall be taken away. Paper coveralls may be given to the
inmate in lieu of the inmate’s own clothes.
In the case of a suicide in progress, officers will immediately intervene, utilizing life saving equipment stored in the
booking room. Officers will call for an ambulance to transport the inmate to a hospital and notify their supervisor. If the
inmate survives, officers will initiate emergency detention procedures. In the case of a completed suicide, the supervisor
will notify the Shift Commander, Investigation Division Commander and Chief of Police.
When officers are dealing with an inmate whose behavior indicates mental health, developmental disability or
alcohol/drug abuse problems, the officer will contact the Charge Nurse at Waukesha County Mental Health and request
to initiate an emergency detention.
Medical Emergencies
In the event that an inmate requires emergency medical attention, officer will immediately administer first aid within
the scope of their training, as well as notify WCC to have New Berlin Fire Department Paramedics respond to the scene.
If necessary, the first aid kit located in the municipal lockup facility should be utilized.
The supervisor has the authority to make limited health care decisions in the event an inmate is unconscious or
incapacitated by the sickness or medical emergency. Inmates that require routine medical examination or attention will
be transported to Waukesha Memorial Hospital as soon as possible after detecting the injury/illness, or upon complaint
of the inmate. The New Berlin Fire Department should be utilized for inmate transportation and medical care.
Inmates to be incarcerated with special needs will be medically cleared at Waukesha Memorial Hospital and will usually
be transported to the Waukesha County Jail where their special needs can be more appropriately handled.
If an inmate dies or becomes acutely ill while in custody, the next of kin shall be notified as soon as possible.
Medical records shall be maintained in a confidential manner in accordance with Wisconsin State Statute 146.81 to
146.83, and any other applicable state or federal laws.
Communicable Diseases
Inmates suspected, known or claiming to have an infectious or communicable disease will be transported to Waukesha
Memorial Hospital for evaluation and treatment. If the inmate is medically cleared and continued isolation or
quarantine under Wisconsin State Statute 252.06(6) (b) is required, the inmate should be transferred to the Waukesha
County Jail/Secured Detention for incarceration.
New Berlin Police
Department
Directives Manual
Issue Date:
02/10/15
Next Review Date:
12/31/15
Directive Title:
Municipal Lockup Facility
Total Pages:
Page 6 of 9
Directive Number:
7201
WILEAG Standards:
7.2.1, 7.2.2, 7.2.3, 7.2.4,
7.2.5, 7.2.6, 7.2.7, 7.2.8,
7.2.9, 7.2.10, 7.2.11, 7.2.12,
7.2.13, 7.2.14, 7.2.15,
7.2.16, 7.2.17, 7.2.18,
7.2.19, 7.2.20, 7.2.21
Officers will document the need for isolation or quarantine on the Medical Intake Report and also in the officer’s
incident report.
If it is suspected that other inmates or staff may have been exposed to an infectious or communicable disease, they will
be afforded the opportunity to be screened for that specific disease. If such screening takes place, it shall be
documented on the inmate’s Medical Intake Report form or, in the case of an officer, consistent with department
directive 2701, Blood born Pathogen Exposure Control Plan.
Control and Administration of Medication
Medication brought into the lockup facility by or for an inmate will be inventoried and stored securely with that person's
property. Department personnel are not authorized to administer prescription or non-prescription medication.
Prescription medication containers must have labels that contain at least the inmates’ name, name of the medication,
date of prescription, doctor's name, and directions for administering the medication. Medication will be returned to the
inmate upon his/her release only if the containers are labeled or the inmate can show proof of ownership. If the inmate
cannot prove ownership, the medication shall be identified and inventoried. If the inmate is transferred to another
detention facility, the medications will be turned over to the personnel from that facility.
Sanitation and Hygiene
Except when an inmate's safety would be jeopardized and the inmate has been identified as having a special problem,
such as a mental disorder, suicide risk, or medical problems, lockup staff should provide:
1. Clean cloth towels or paper towels and soap to each inmate upon request;
2. Upon request, toilet articles sufficient for the maintenance of inmate cleanliness and hygiene, including
toothpaste, a toothbrush, a comb, toilet paper and basic feminine hygiene materials. There shall be no common
use of towels, toothbrushes, combs, shaving materials or feminine hygiene materials;
3. Adequate and appropriate clothing/footwear for an inmate whose clothing has been confiscated, for use while
the inmate is in custody;
4. Clean blankets to each inmate upon request during normal sleeping hours. Blankets shall be laundered or
sterilized before reissue;
5. Each cell shall be cleaned and the toilet area sanitized after an occupant is released. Each holding room shall be
cleaned and the toilet area sanitized at least twice a week.
Fire Protection and Evacuation
Upon discovery or indication of a fire in the police building, the officer charged with supervising any inmate placed in a
cell will be responsible for removing the inmate to a place of safety. The inmate will be handcuffed and taken to a secure
location by means of the nearest available exit.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/10/15
Next Review Date:
12/31/15
Municipal Lockup Facility
Total Pages:
Page 7 of 9
Directive Number:
7201
WILEAG Standards:
7.2.1, 7.2.2, 7.2.3, 7.2.4,
7.2.5, 7.2.6, 7.2.7, 7.2.8,
7.2.9, 7.2.10, 7.2.11, 7.2.12,
7.2.13, 7.2.14, 7.2.15,
7.2.16, 7.2.17, 7.2.18,
7.2.19, 7.2.20, 7.2.21
When circumstances do not allow time for handcuffing or the officer(s), inmate(s), or other person’s lives would be
jeopardized by attempting to handcuff the inmate, the inmate may be taken out without handcuffs. The priority in case
of fire evacuation must be the preservation of life. A fire evacuation map will be displayed in the lockup facility.
Inspection, Records and Reporting Requirements
The lockup administrator is responsible for the following:
1. Maintaining a file containing all inspection records pertaining to the lockup facility.
2. Arranging for fire inspections by the New Berlin Fire Department at least once every six months. Documentation
of fire inspection shall be included in the facility files.
3. Ensuring that the first aid kit in the lockup facility is inspected weekly.
4. Arranging for monthly inspection and testing of the lockup facility. This inspection will include all items listed on
the Lock-Up Inspection Form which will be completed by the inspecting person. The completed Lockup
Inspection Form shall be placed in the facility files.
5. Ensuring that the lockup facility is inspected and approved by the Department of Corrections annually.
The lockup administrator shall be notified immediately if any of the following events occur. The lockup administrator will
then notify the division's regional detention facilities specialist within 48 hours after the event.
1. An inmate dies;
2. An inmate attempts suicide and is admitted to a hospital, not including an emergency room admission or
admission for detention and evaluation under Wisconsin State Statute 51.15, or is provided medical treatment
for a life-threatening injury incurred as a result of the suicide attempt;
3. An inmate has received an injury and is hospitalized due to the injury;
4. An inmate escapes or attempts to escape from confinement;
5. There is any significant damage to the lockup affecting the safety or security of the lockup.
Visitation
Unless approved by a supervisor, inmates may not receive visitors while in the lockup facility.
If an inmate requests to meet with his/her attorney, officers should make a reasonable effort to accommodate the
request. If the inmate’s attorney is at the police department or will be here in a short time, officers will move the inmate
into an Investigation Division interview room. Officers will ensure that the audio recording in the interview room is
turned off; however the video monitoring will remain on for the attorney’s safety.
If the inmate’s attorney cannot be at the police department in a reasonable amount of time, officers will tell the inmate
to re-contact their attorney and set up a meeting at a different location (i.e. Waukesha County Jail).
New Berlin Police
Department
Directives Manual
Issue Date:
02/10/15
Next Review Date:
12/31/15
Directive Title:
Municipal Lockup Facility
Total Pages:
Page 8 of 9
Directive Number:
7201
WILEAG Standards:
7.2.1, 7.2.2, 7.2.3, 7.2.4,
7.2.5, 7.2.6, 7.2.7, 7.2.8,
7.2.9, 7.2.10, 7.2.11, 7.2.12,
7.2.13, 7.2.14, 7.2.15,
7.2.16, 7.2.17, 7.2.18,
7.2.19, 7.2.20, 7.2.21
If a juvenile is being held in secure custody and the parent makes a request to see the juvenile, the juvenile shall be
notified of their parent’s request before questioning.
Visitors granted access to inmates will be searched for weapons prior to entry into the detention area. Persons who
refuse to be searched will not be granted visitation rights.
Juveniles held in Secure Custody
At no time shall a juvenile who has committed a status offense be placed in a cell. Status offenders should only be held
in the lockup area for the purposes of booking, processing or identification and for no more than one hour. A status
offense is an act that would not be a crime if committed by an adult; such as underage consumption of alcohol, tobacco
smoking, truancy and running away from home.
A juvenile, age 10 or older, alleged to have committed a delinquent act as defined in DOC 349.03(4m) and 349.03(10m)
may be held in our lockup/cell pursuant to the following conditions:
1. It is the responsibility of the arresting officer or the shift supervisor to insure against any sight or sound contact
between juveniles and adult inmates in all areas of the lockup facility, including entrances, booking, intake,
elevators, stairways, cells, holding rooms, and all other areas in which juvenile inmates could have contact with
an adult inmate.
2. Recognizing this may be the juvenile’s first exposure to secured detention; physical checks of the juvenile shall
be conducted at least once every 15 minutes at irregular intervals and recorded on the booking sheet. The
juvenile’s response to the detention environment may be atypical.
3. Physical checks of juveniles determined to be at risk for mental illness, developmental disabilities, and signs of
suicidal tendencies or are suspected to be under the influence of alcohol or drugs shall be checked at no less
than 15 minute irregular intervals, however, more frequent checks are encouraged.
4. The juvenile shall not be held longer than six (6) hours in secured custody status. The arresting officer, under the
direction of a supervisor, shall make efforts as soon as practical to identify alternative placement of the juvenile
held in secured custody including release to a parent, adult guardian, adult relative or Waukesha County
Juvenile Detention Center.
5. The “Record of Temporary Confinement” and “Medical Intake Report” forms completed for juveniles shall be
maintained in a confidential manner separate from adult records.
6. The Lockup Administrator shall submit all required Federal forms bearing the required juvenile information once
monthly with the Office of Justice Assistance - State of Wisconsin. A copy of all filed documentation shall be
kept with the juvenile booking sheets and health intake screening sheets.
Use by Other Agencies
The New Berlin Police Department will cooperate with other law enforcement agencies who request to use our lock-up
facilities, provided those agencies abide by the policies and directives of this Department and provide personnel to serve
as custodians while their prisoner is held at this facility.
New Berlin Police
Department
Directives Manual
Issue Date:
02/10/15
Next Review Date:
12/31/15
Directive Title:
Municipal Lockup Facility
Total Pages:
Page 9 of 9
Directive Number:
7201
WILEAG Standards:
7.2.1, 7.2.2, 7.2.3, 7.2.4,
7.2.5, 7.2.6, 7.2.7, 7.2.8,
7.2.9, 7.2.10, 7.2.11, 7.2.12,
7.2.13, 7.2.14, 7.2.15,
7.2.16, 7.2.17, 7.2.18,
7.2.19, 7.2.20, 7.2.21
In the event prisoners are received from an outside agency, positive identification shall be made of the person
presenting the prisoner for detention, including verification of the person’s authority to make the detention, if the
person presenting the detainee for detention is unknown.
New Berlin Police
Department
Directives Manual
Issue Date:
02/16/15
Next Review Date:
12/31/15
Directive Title:
Temporary Detention and Processing
Total Pages:
Page 1 of 2
Directive Number:
7301
WILEAG Standards:
7.3.1, 7.3.2, 7.3.3,
7.3.4, 7.3.5, 7.3.6,
7.3.7, 7.3.8
Purpose
This directive establishes guidelines for the temporary detention and processing of detainees brought into the police
department.
Policy
It is the policy of the department to provide adequate facilities to accommodate the temporary detention of persons in
custody. The municipal lockup facility will serve as the temporary detention facility. The detention facility consists of the
booking room, the holding cells, and a secure interview room. The interview rooms in the Investigation Division are also
considered part of the temporary detention facility. In addition, the interview room located outside of the Records
Division, but in the secure are of the department, is also considered part of the temporary detention facility.
Temporary Detention Facility Conditions
The municipal lockup facility, which will serve as the department’s temporary detention facility, will meet all of the
requirements of DOC 349. At a minimum, detainees will have access to water and restroom facilities in the holding cells.
The temporary detention facility is fully equipped with fire suppression equipment. An evacuation plan is displayed in
the facility in the event an emergency evacuation is necessary. Evacuation of the temporary detention facility will be in
accordance with direction 7201, Municipal Lockup Facility.
Temporary Detention Guidelines
The temporary detention facility is intended for booking, chemical testing, interview/interrogation, bond posting and
release or transfer of custody. The arresting officer is responsible for the safety and condition of the detainee until the
detainee is released or transferred to another agency. Unless placed in a holding cell, detainees will not be left
unattended at any time while in the booking room. If officers place a detainee into a holding cell, the detainee will be
observed in accordance with directive 7201, Municipal Lockup Facility.
Whenever practical, all prisoners entering the police department shall be taken into the booking room via the sally port.
Officers will conduct a thorough custodial inventory search once the person is brought into the booking room. If a strip
search is necessary, it will be conducted in accordance with directive 1705.
Once a detainee has been searched, the arresting officer will remove all property from the detainee. The property can
be stored in plastic bags that are available in the booking room. All property that is removed from the detainee will be
logged according to department procedures and returned to the detainee upon release. Officers will remove the
handcuffs from the detainee if it is safe to do so. Detainees that are unruly or violent should remain in handcuffs. Officer
may secure the detainee’s handcuffs to the Ripp Restraint that is attached to an eyehook on the booking room bench.
Officers will not secure a detainee to any other fixed object.
New Berlin Police
Department
Directives Manual
Issue Date:
02/16/15
Next Review Date:
12/31/15
Directive Title:
Temporary Detention and Processing
Total Pages:
Page 2 of 2
Directive Number:
7301
WILEAG Standards:
7.3.1, 7.3.2, 7.3.3,
7.3.4, 7.3.5, 7.3.6,
7.3.7, 7.3.8
Male and female detainees will not be allowed in the booking room or lockup facility at the same time. In the event that
detainees of opposite sex are brought into the department at the same time, one or the other must be placed in a
holding cell with the window covered before the other person is brought into the booking room.
Juveniles are not allowed in the lockup facility at the same time that adult detainees are there. Juvenile detainees will
only be taken into the booking room once all adult detainees have been released or transferred.
Temporary Detention Security
Officers will secure their pistols and any obvious edged weapons in a weapons locker before bringing a detainee into the
booking room. Officers are allowed to bring a Taser, OC and baton into the booking room. Officers should be conscious
of, and ensure the constant control of, unconventional weapons such as metal ticket books, clipboards, pens, etc.
Before bringing a detainee into the booking room, officers will ensure that they have a body alarm with them. To
decrease any possibility of escape, officers must ensure that the overhead door to the sally port is closed before taking a
detainee out of the squad car.
Non-sworn personnel are not allowed in the booking room whenever a detainee is present. Detainees are not allowed
visitors while in custody. Visitors will be told to wait until the detainee is released or to visit the detainee at the
Waukesha County Jail.
Before placing a detainee in holding cell, officers will first search the cell to ensure there are no weapons or items of
contraband in the cell.
Temporary Detention Facility Interview Room
The interview room in the temporary detention facility is equipped to record both audio and video. Officers may use this
room to interview/interrogate a detainee. No detainee will be left unmonitored in the interview room. Anytime an
officer conducts an interview/interrogation in this interview room, the door will remain open.
Temporary Detention Facility Training
All officers will be trained in the proper use of the temporary detention facility. Field Training Module #109 is a guide
officers may refer to regarding the proper use of the facility.
New Berlin Police
Department
Directives Manual
Issue Date:
02/16/15
Next Review Date:
12/31/15
Directive Title:
Prison Rape Elimination Act
Total Pages:
Page 1 of 7
Directive Number:
7401
WILEAG Standards:
Purpose
The purpose of this policy is to ensure full compliance with the 2003 Federal Prison Rape Elimination Act (PREA) which
applies to all federal, state and local prisons, jails and police lockups, private and residential correctional facilities.
Policy
The Department recognizes the seriousness of prison rape, the impact on the victim, department, community and
society as a whole. All reported incidents of sexual abuse and sexual harassment including detainee-on-detainee and
staff misconduct will be reported and investigated. Employees who violate or fail to report sexual abuse or sexual
harassment as outlined in this directive will be subject to disciplinary action up to and including termination of
employment. All substantiated criminal cases, and cases where it has been determined a false complaint was filed, will
be referred to the District Attorney’s Office for review and prosecution.
This policy establishes a zero-tolerance standard toward all forms of sexual abuse and sexual harassment as defined in
this policy and strictly prohibits:
1. Adult and juvenile detainees from engaging in any type of sexual behavior with each other while in custody;
2. Any staff member from engaging in any sexual behavior with detainees while under the custody and control of
the Department.
Definitions
PREA Coordinator: The designated department official responsible for the oversight of PREA standards, compliance
with standards, training, data collection and inspection.
Prison Rape: Sexual assault, sexual abuse and sexual contact as defined in this directive.
Contractor: A person who provides services on a recurring basis pursuant to a contractual agreement with the
department.
Detainee: Any person detained in a lockup, regardless of adjudication status.
Employee: A person who works directly for the department.
Facility: A place, institution, building (or part thereof), set of buildings, structure or area (whether or not enclosing a
building or set of buildings) that is used by an agency for the confinement of individuals.
Full Compliance: Compliance with all material requirements of each standard except for de minimis violations, or
discrete and temporary violations during otherwise sustained periods of compliance.
Gender Nonconforming: A person whose appearance or manner does not conform to traditional societal gender
expectations.
New Berlin Police
Department
Directives Manual
Issue Date:
02/16/15
Next Review Date:
12/31/15
Directive Title:
Prison Rape Elimination Act
Total Pages:
Page 2 of 7
Directive Number:
7401
WILEAG Standards:
Intersex: A person who’s 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.
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.
Juvenile: Any person under the age of 18, unless under adult court supervision and confined or detained in a prison or
jail.
Law Enforcement Staff: Employees responsible for the supervision and control of detainees in lockups.
Lockup: A facility that contains holding cells, cell blocks or other secure enclosures that is:
1. Under the control of a law enforcement, court, or custodial officer; and
2. Primarily used for the temporary confinement of individuals who have recently been arrested, detained, or are
being transferred to or from a court, jail, prison, or other agency.
Strip Search: A search in which a detainee’s genitals, pubic area, buttocks or anus, or a female’s breasts are uncovered
and either exposed to view or touched by the person conducting the search.
Substantiated Allegation: An allegation investigated and determined to have occurred.
Unfounded Allegation: An allegation investigated and determined not to have occurred.
Unsubstantiated Allegation: An allegation that was investigated and the investigation produced insufficient evidence to
make a final determination as to whether or not the event occurred.
Volunteer: An individual who donates time and effort on a recurring basis to enhance the activities and programs of the
agency.
Definitions Related to Sexual Abuse
Sexual Abuse: Sexual abuse includes:
1. Sexual abuse of an inmate, detainee, or resident by another inmate, detainee, or resident; and
2. Sexual abuse of an inmate, detainee, or resident by a staff member, contractor, or volunteer.
Sexual abuse of an inmate, detainee, or resident by another inmate, detainee, or resident: Includes any of the
following acts, if the victim does not consent, is coerced into such act by overt or implied threats of violence, or is unable
to consent or refuse:
1. Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;
2. Contact between the mouth and the penis, vulva, or anus;
3. Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other
instrument; and
New Berlin Police
Department
Directives Manual
Issue Date:
02/16/15
Next Review Date:
12/31/15
Directive Title:
Prison Rape Elimination Act
Total Pages:
Page 3 of 7
Directive Number:
7401
WILEAG Standards:
4. 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 of an inmate, detainee, or resident by a staff member, contractor, or volunteer includes any of the
following acts, with or without consent of the inmate, detainee, or resident:
1. Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;
2. Contact between the mouth and the penis, vulva, or anus;
3. 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;
4. 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;
5. 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;
6. Any attempt, threat, or request by a staff member, contractor, or volunteer to engage in the activities described
in paragraphs (1)-(5) of this section;
7. Any display by a staff member, contractor, or volunteer of his or her uncovered genitalia, buttocks, or breast in
the presence of an inmate, detainee, or resident, and
8. Voyeurism by a staff member, contractor, or volunteer means an invasion of privacy of an inmate, detainee, or
resident by staff for reasons unrelated to official duties, such as peering at an inmate who is using a toilet in his
or her cell to perform bodily functions; requiring an inmate to expose his or her buttocks, genitals, or breasts; or
taking images of all or part of an inmate’s naked body or of an inmate performing bodily functions.
Sexual Harassment includes:
1. Repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions
of a derogatory or offensive sexual nature by one inmate, detainee, or resident directed toward another; and
2. Repeated verbal comments or gestures of a sexual nature to an inmate, detainee, 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.
Standards for Lockups
Prevention Planning:
1. The Department has adopted a zero tolerance standard toward all forms of sexual abuse and sexual harassment
as defined in this directive.
2. The Chief of Police shall designate a PREA coordinator to ensure consistent compliance with PREA standards.
3. Adequate staffing in the lock-up facility shall be mandatory when detainees are in the department’s custody.
a. At least annually, the department will assess, determine and document whether adjustments are
needed to the staffing plan.
4. Officers will provide vulnerable detainees with heightened protection, to include continuous direct sight and
sound supervision.
New Berlin Police
Department
Directives Manual
Issue Date:
02/16/15
Next Review Date:
12/31/15
Directive Title:
Prison Rape Elimination Act
Total Pages:
Page 4 of 7
Directive Number:
7401
WILEAG Standards:
5. Juveniles shall be held separately from adult detainees.
6. Strip searches shall be conducted in accordance with directive 1705, which is PREA compliant. It is a violation of
this policy to conduct a strip search for the sole purpose of identifying gender. The department shall train law
enforcement staff in how to conduct cross-gender pat-down searches, and searches of transgender and intersex
detainees, in a professional and respectful manner, and in the least intrusive manner possible, consistent with
security needs
7. The department shall take reasonable steps to ensure detainees with disabilities and detainees with limited
English language skills are aware of its commitment to PREA and maintaining a safe lock-up facility.
8. A person who has engaged in sexual abuse as defined by this directive shall not be hired. Employees who have
engaged in sexual abuse as defined by this directive will not be eligible for promotion.
9. The protection of detainees from sexual abuse shall be considered when modifications are planned for the lockup facility. Video and other monitoring technology should also be considered as a means of protecting
detainees from sexual abuse, and employees from false claims.
Responsive Planning:
1. The department shall follow a uniform evidence protocol for juveniles and adults that maximize the potential for
obtaining usable physical evidence for administrative proceeding and criminal prosecutions. In cases requiring
medical examination, all examinations shall be performed by Sexual Assault Forensic Examiners (SAFE’s) or
Sexual Assault Nurse Examiners (SANE’s). The examinations will be conducted without cost to the victim for
evidentiary and medical purposes related to the allegation of sexual abuse.
2. All allegations of sexual abuse or sexual harassment made by a detainee will immediately be reported to the
highest ranking officer on the shift who shall cause the allegations to be promptly investigated. In incidents of
staff-on-detainee contact in which it is alleged the staff member has committed sexual abuse or sexual
harassment against a detainee, and preliminary investigation shows criminal charges against the staff member
may result, the investigation shall be turned over to an authorized outside agency as soon as possible.
3. All allegations of sexual abuse or sexual harassment as defined by this directive will be reported to the PREA
Coordinator as soon as practical, and in any case within 4 hours.
4. This directive shall be accessible to the public from the department’s website.
Training and Education
The department shall train all employees and volunteers who may have contact with lockup detainees to be able to
fulfill their responsibilities under agency sexual abuse prevention, detection, and response policies and procedures,
including training on:
1. The department’s zero-tolerance policy and detainees’ right to be free from sexual abuse and sexual
harassment;
2. The dynamics of sexual abuse and harassment in confinement settings, including which detainees are most
vulnerable in lockup settings;
3. The right of detainees and employees to be free from retaliation for reporting sexual abuse or harassment;
4. How to detect and respond to signs of threatened actual abuse;
5. How to communicate effectively and professionally with all detainees;
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/16/15
Next Review Date:
12/31/15
Prison Rape Elimination Act
Total Pages:
Page 5 of 7
Directive Number:
7401
WILEAG Standards:
6. How to comply with relevant laws related to mandatory reporting of sexual abuse to outside authorities.
All current employees and volunteers who may have contact with lock up detainees shall be trained on the PREA
standards. The department shall provide annual refresher information to all such employees and volunteers to ensure
that they know the department’s current sexual abuse and sexual harassment policies and procedures. The department
shall document that employees understand the training they have received. Advocates shall not be permitted to have
any physical contact with detainees and will be advised at the outset of the ‘no touch rule’.
Screening for Risk of Sexual Victimization and Abusiveness
Before placing any detainees together in the holding room (#3), staff shall consider whether, based on the information
before them, a detainee may be at a high risk of being sexually abused, and when appropriate, shall take necessary steps
to mitigate such danger to the detainee. The intake screening process should be used to determine a detainee’s risk of
victimization.
Reporting
An employee shall accept all reports of sexual abuse or sexual harassment of detainees made verbally, in writing,
anonymously, or from third parties who may file a complaint on behalf of a detainee. Detainees who want to file a
complaint with an outside agency should be instructed to contact the Sheriff’s Department.
Official Response Following a Detainee Report
The department shall ensure that all reports of sexual abuse and sexual harassment are immediately investigated
according to this policy and PREA standards, and state and federal law. In cases involving juvenile detainees the
department shall comply with all applicable mandatory child abuse reporting laws.
The department shall take immediate action to protect a detainee who is subject to substantial risk of imminent sexual
abuse within its lockup facility.
If, while in the custody of the department, a detainee alleges being sexually abused while they were confined at another
facility, the on-duty supervisor will notify a ranking official at the facility within 72 hours. Notification must be
documented in a report.
First responding staff shall immediately separate the alleged victim and abuser while protecting and preserving
evidence. Investigation and collection of evidence will be done according to this directive, established department
standards, and training.
Employees will take immediate action to protect detainees from imminent sexual abuse.
New Berlin Police
Department
Directives Manual
Issue Date:
02/16/15
Next Review Date:
12/31/15
Directive Title:
Prison Rape Elimination Act
Total Pages:
Page 6 of 7
Directive Number:
7401
WILEAG Standards:
If a victim is transferred from the department’s lockup to another facility, the agency, as permitted by law, will inform
the receiving facility of the incident and the potential need for medical or social services, unless the victim requests
otherwise.
The department shall not enter into a collective bargaining agreement that limits the department’s ability to remove
alleged staff sexual abusers from contact with detainees pending the outcome of an investigation.
The department has a zero-tolerance standard toward retaliation of alleged victims and abusers, witnesses, and persons
who report sexual abuse and sexual harassment. Further legal action or disciplinary action will be taken if it is
determined that retaliation has occurred.
Investigations
The department will conduct prompt, thorough, and objective investigations into all allegations of sexual abuse or sexual
harassment. The department will seek outside assistance if it believes it cannot conduct the investigation according to
the guidelines set forth and will cooperate fully with the outside agency authorized to conduct the investigation.
In all cases where criminal charges have been substantiated through investigation, such charges shall be referred for
prosecution.
The alleged abuser shall not be permitted contact with detainees until the investigation is complete and the allegations
have been determined to be unfounded or unsubstantiated.
Discipline
Employees shall be subject to disciplinary action up to and including termination of employment for violations of this
directive. Disciplinary action that results in termination for criminal behavior, or a resignation preceding termination,
shall be reported to law enforcement agencies and any relevant licensing bodies.
If it is determined that a complaint filed by a detainee is clearly false, criminal charges shall be referred to the District
Attorney’s office against the detainee for violation of 942.01 Wisconsin Statutes, and the employee against whom the
complaint was made will be exonerated.
In all reported cases of sexual abuse where criminal charges are substantiated by the department or outside
investigative agency, the matter will be referred to the appropriate prosecuting authority.
Medical and Mental Health Care
Victims of sexual abuse shall receive timely, unimpeded access to emergency medical treatment and crisis intervention
services.
New Berlin Police
Department
Directives Manual
Issue Date:
02/16/15
Next Review Date:
12/31/15
Directive Title:
Prison Rape Elimination Act
Total Pages:
Page 7 of 7
Directive Number:
7401
WILEAG Standards:
Treatment services shall be provided to the victim without financial cost arising out of a substantiated incident of sexual
abuse and regardless of whether the victim names the abuser or cooperates with any investigation.
Data Collection and Review
All incidents of sexual abuse will be reviewed within 30 days of the conclusion of the investigation by a review team
consisting of management officials, supervisors, investigators, and medical or mental health practitioners.
The review team shall consist of upper management officials with input from supervisors and investigators. The review
team shall:
1. Consider whether the allegation or investigation indicates a need to change policy or practice to better prevent,
detect, or respond to sexual abuse;
2. Consider whether the incident or allegation was motivated by race; ethnicity; gender identity; lesbian, gay,
bisexual, transgender, or intersex identification, status, or perceived status; or gang affiliation; or was motivated
or otherwise caused by other group dynamics at the lockup;
3. Examine the area in the lockup where the incident allegedly occurred to assess whether physical barriers in the
area may enable abuse;
4. Assess the adequacy of staffing levels in that area during different shifts;
5. Assess whether monitoring technology should be deployed or augmented to supplement supervision by staff;
and
6. Prepare a report of its findings and any recommendations for improvement and submit such report to the
lockup head and agency PREA coordinator.
The department shall implement the recommendations for improvement, or document the reasons for not doing so.
The department will collect accurate, uniform data for every allegation of sexual abuse which will be provided to the
Department of Justice upon request.
The incident-based data collected shall include, at a minimum, the data necessary to answer all questions from the most
recent version of the Local Jail Jurisdictions Survey of Sexual Violence conducted by the Department of Justice, or any
subsequent form developed by the Department of Justice and designated for lockups.
Data shall be reviewed by the PREA Coordinator to identify problem areas and take corrective action. The data shall be
retained for ten years.
Audits, Auditing and Corrective Action
The department’s lock up facility is not subject to the audit requirements under this section. While formal audits are not
required, the PREA coordinator will ensure compliance with PREA standards on a continual basis.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/16/15
Next Review Date:
12/31/15
Public Information
Total Pages:
Page 1 of 4
Directive Number:
8101
WILEAG Standards:
8.1.1, 8.1.2
Purpose
The purpose of this policy is to establish guidelines for the release of information to the public and the media. It is the
responsibility of the New Berlin Police Department to keep the public informed on matters of public interest. The
method in which the public receives information is most frequently through the news media. It is the department’s
intent to maintain a good rapport with the media and the public to develop a professional and effective working
relationship.
Policy
It will be the policy of the New Berlin Police Department to cooperate fully and impartially with the news media and the
public in the prompt and accurate release of information. Information will be released to the public and the news media
within the confines of the law. Information will not be unnecessarily withheld nor will information be arbitrarily
released.
Authorization
Authorization for release of information and/or inspection of department records will come from the Chief of Police or a
designee.
Authorization for release of information or the denial of a request for information will be guided by Wisconsin State
Statutes.
The Chief of Police is responsible for coordinating and authorizing the release of information concerning confidential
department operations and internal matters.
The Community Services Division Commander is responsible for the release of information and for the inspection of
records.
All media interviews with department members will be cleared with the Chief of Police or a designee.
The Public Information Officer will be the official police department spoke’s person at all press conferences. Live press
conferences will be conducted at a location designated by the Chief of Police or a designee.
Shift supervisors may release information to the media concerning routine police activity that has occurred in the city.
Press Coordination
The PIO or Shift Commander may prepare a written press release on critical incidents in progress.
Any inquiries regarding state prosecution will be referred to the District Attorney’s office.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/16/15
Next Review Date:
12/31/15
Public Information
Total Pages:
Page 2 of 4
Directive Number:
8101
WILEAG Standards:
8.1.1, 8.1.2
Responsibility for the release of information in situations involving multiple law enforcement or other public agencies
lies with the lead agency. This procedure will not be used to avoid or defeat media access to information that is under
control of the New Berlin Police Department.
Access to the secure areas of the police department by members of the media will be allowed. Members of the media
will be accompanied by the PIO or other shift supervisor when in the secure area of the department.
Information Release Guidelines
All information released through media interviews or press releases will be made in accordance with this directive and
all applicable state and federal statutes pertaining to freedom of information.
The following information may be released unless otherwise restricted or restricted by the Freedom of Information Act:
1. The type and nature of an incident such as fire, accident, death investigation, sexual assault, robbery, assault or
burglary.
2. The approximate location, date, time, damages and the general nature and description of an incident.
3. Casualty figures, to include known dead or injured, may be released. The identity of any casualty will not be
release until the next of kin has been notified.
4. To state the fact and circumstances of arrest, including names of adults arrested, time and place of arrest, the
general nature of the incident and the use of weapons.
5. The fact that a juvenile has been taken into custody, including sex, age and nature of the charge. No juvenile
names will be released.
6. To state an adult arrestee’s name, age, description, residence, employment, and marital status.
7. The substance or text of the charge as contained in a complaint, warrant or indictment.
8. Amount of bond, scheduled court dates, and place of detention.
9. To state the scheduling or result of any stage in the judicial process.
10. Other crime and accident information that does not hinder ongoing investigation may be released.
11. Photographs of any potential suspects.
The following information may NOT be released without prior approval of the Chief of Police or a designee:
1. Any information concerning the orders and directives of the New Berlin Police Department.
2. Any information concerning litigation, complaints, charges, or other action pending against any member or
persons connected to the New Berlin Police Department.
3. The prior criminal records, driving records or statements as to the character and reputation of a defendant.
4. The existence or contents of any purported confession, admission, or statements given by the defendant or his
refusal or failure to make such a statement.
5. The name, addresses, identity, testimony or credibility of any prospective victim or witness to the crime.
6. Confidential information furnished by a confidential source who has requested anonymity as a condition of
providing the information.
7. Information which would identify a confidential source, jeopardizing a criminal investigation or the life and
physical safety of the source.
8. Any opinion of the defendant’s guilt or innocence in any matters relating to the merits of the case.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/16/15
Next Review Date:
12/31/15
Public Information
Total Pages:
Page 3 of 4
Directive Number:
8101
WILEAG Standards:
8.1.1, 8.1.2
9. Any information surrounding any juvenile investigation, incident or arrest other than that permitted by this
directive.
10. The identity of any critically injured or deceased person prior to notification of next of kin.
11. Investigative information and information of any evidentiary nature.
12. Valuables or amount of cash overlooked by crime perpetrators.
13. Contents of suicide notes.
14. Personal opinion not founded in fact.
15. The results of any examinations or tests conducted or refusal by the suspect to submit to any examinations or
tests.
16. Information received from other law enforcement agencies without their concurrence in releasing that
information.
On Site Media Access/Guidelines
News releases will be made by the Incident Commander at the scene.
Media personnel may be asked to show their press credentials.
In the event of major fires, natural disasters, major crime scenes, and etc., the department will make every effort to
allow media access for photographs and television cameras within limitations of public safety, civil rights restrictions and
crime scene integrity. Media requests for information at such scenes should be directed to the Incident Commander for
the incident.
In granting media personnel access to otherwise closed areas, department personnel should be mindful of private
property and victim privacy interests.
Denial of access to crime scenes is sometimes necessary to an investigation because of crime scene processing or the
collection of evidence. The reason for such denial should be explained to members of the media and access granted as
soon as is practical considering the conditions.
Members of the media may not resist, obstruct or oppose an officer in the lawful execution of a legal duty. The mere
presence of a photographer or a reporter at an accident, crime or disaster scene, and the taking of pictures or the asking
of questions relative to the incident does not constitute unlawful interference.
In circumstances where the general public has been denied access to an area on the basis of public safety, members of
the media will also be denied access. Presence of the media must not interfere with the safety or duties of officers, the
safety of victims, or the apprehension of suspects.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/16/15
Next Review Date:
12/31/15
Public Information
Total Pages:
Page 4 of 4
Directive Number:
8101
WILEAG Standards:
8.1.1, 8.1.2
Press Release Guidelines
Shift supervisors have the authority to issue a press release for (but not limited to) the commission of a serious crime,
multiple arrest involving controlled substance or other felonies, fatal traffic accidents or any incident for which the Chief
of Police or a designee determines that a press release is appropriate.
Press releases will be made available in the lobby of the police department for 24 hours from the time the release is
issued. Press releases can be faxed to the media after an arrangement has been made. Press releases can also be
verbally distributed upon request.
If it is determined that the incident is sensitive in nature and it is in the best interest of the police department that only a
formal press release is issued regarding an incident, no other statement will be released without the approval of the
Chief of Police.
Civil Liability
The Chief of Police may decide that information relating to cases which may involve potential civil liability to the city
should be withheld from release until a review and approval has been obtained from the City Attorney. If a request has
been made and there is reason to believe that the information potentially concerns civil liability to the city, the person
making the request will be referred to the Chief of Police.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/18/15
Next Review Date:
12/31/15
Communications
Total Pages:
Page 1 of 3
Directive Number:
9101
WILEAG Standards:
9.1.1, 9.1.2, 9.1.3,
9.1.4, 9.1.5, 9.1.7,
9.1.8, 9.1.9, 9.1.10,
9.1.11, 9.1.12
Purpose
This directive establishes guidelines for the communications process with and to WCC.
Policy
The New Berlin Police Department contracts with Waukesha County Communications (WCC) for all communication
processes. Both the department and WCC are accountable to each other for complaint taking, dispatching and response
to calls for service.
The department and WCC radio operations will be conducted in accordance with all Federal Communications
Commission (FCC) requirements governing emergency communications.
Calls for Service by Telephone
WCC provides toll free 24 hour service for all emergency calls, whether from landlines or cellular telephones within the
city.
WCC also provides service for routine calls for police assistance and administrative service. The department maintains
administrative telephone service through the use of an automated telephone routing system. The system is designed to
allow residents of the city to access the appropriate police service as quickly as possible.
The department also maintains a telephone line that is monitored 24 hours by Police Clerks. This line also allows
residents to access administrative services offered by the department.
Continuous Communications with Officers
Through WCC, the department maintains continuous communications with on-duty officers. All officers are issued a
portable transceiver giving them the ability to communicate with WCC dispatchers and other agencies. Each squad car is
equipped with a mobile transceiver with the same capability. In addition, each patrol squad is equipped with a mobile
data computer and cellular telephone giving officers the capability of communicating with other officers, Police Clerks
and dispatch.
Information Capture
WCC will maintain Computer Aided Dispatching (CAD) software that is designed to capture vital information. The
department will have access to this information through internet based applications. At a minimum, WCC will capture
the following information:
1. Case number
2. Date and time of request for service.
3. Date and time of officer initiated activity.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/18/15
4.
5.
6.
7.
8.
9.
10.
11.
Next Review Date:
12/31/15
Communications
Total Pages:
Page 2 of 3
Directive Number:
9101
WILEAG Standards:
9.1.1, 9.1.2, 9.1.3,
9.1.4, 9.1.5, 9.1.7,
9.1.8, 9.1.9, 9.1.10,
9.1.11, 9.1.12
Complainant information.
Type of incident.
Location of incident.
Officers assigned/responding.
Dispatch time.
Arrival time.
Officer return to service time.
Disposition of case.
Resource Availability for WCC
The shift supervisor, as part of roll call preparation, will fill out a current duty roster for the shift including each officer’s
beat assignment. The duty roster will include the squad number for each officer, who the primary supervisory contact
will be for the shift and each officer’s vehicle assignment. The shift supervisor will fax the duty roster to WCC as soon as
possible. Each patrol shift and investigation shift will maintain a current duty roster of personnel for WCC.
The department will maintain, and provide to WCC, the following resources:
1. Roster and contact information for all employees
2. Contact information for Auxiliary Officers.
3. Contact information for city offices.
4. Business key-holder information.
5. A current tow log.
6. Geographic information for current maps and addresses within the city.
7. Call up procedures for specialty units.
Radio and Telephone Playback Capability
WCC will provide playback capability of radio transmissions and telephone calls for service. In the event officers need
access to recorded radio or telephone conversations, they will request a copy of the recording through their supervisor.
The supervisor will contact WCC and request a copy of the recording. WCC will provide for the security, retention, and
reviewing of recordings.
Criminal Justice Information Systems
WCC will serve as the primary point of contact with local, state and federal criminal justice information systems. The
department will maintain a terminal to allow access to local, state and federal criminal justice information systems in the
Records Division. In addition, eTIME access is available to qualified personnel to use in accordance with TIME System
rules.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/18/15
Next Review Date:
12/31/15
Communications
Total Pages:
Page 3 of 3
Directive Number:
9101
WILEAG Standards:
9.1.1, 9.1.2, 9.1.3,
9.1.4, 9.1.5, 9.1.7,
9.1.8, 9.1.9, 9.1.10,
9.1.11, 9.1.12
Each squad will also have access to local, state and federal criminal justice information systems through the mobile data
computers. Personnel that are properly trained and certified are allowed to access information through the mobile date
computer.
Miscellaneous WCC Provisions
As part of the contract to provide communication services to the department, WCC will:
1. Maintain the capability of inter-jurisdictional communication.
2. Promptly handle misdirected emergency calls.
3. Monitor and dispatch officers to private security alarms.
4. Provide first aide instructions to callers in accordance with WCC protocols.
5. Provide for a secure communications center.
6. Provide for an alternate power source to ensure uninterrupted communication services.
New Berlin Police
Department
Directives Manual
Issue Date:
02/19/15
Next Review Date:
12/31/15
Directive Title:
Radio Communication to and from Field
Personnel
Total Pages:
Page 1 of 2
Directive Number:
9102
WILEAG Standards:
9.1.6
Purpose
This directive establishes guidelines for radio communications between officers and Waukesha County Communications
(WCC). This directive also provides the guidelines within which mobile data computers (MDC) may be used.
Policy
The police radio is a vital resource for safe and efficient public safety operations. The radio will be used in a professional
manner at all times and only for official purposes. Radio transmissions will be brief, clear, concise, and in accordance
with proper radio protocol. Lengthy conversations should not be conducted on the primary dispatch channel and should
be taken to an alternate channel whenever possible. Officers may use mobile data computers and telephones in lieu of
the radio when appropriate. Appropriate ten codes and the phonetic alphabet will be used in accordance with this
directive.
Radio Communications
New Berlin police units will be assigned “Echo” numbers to identify individual officers. Officers will use assigned squad
numbers during their regular tour of duty. Last names should be used in lieu of squad numbers when using Incident
Command communication protocols.
The officer’s squad number should be used at the beginning of a transmission between officers and WCC, using the
phrase “Squad (assigned number)”. At the completion of a transmission, the officer will not cease radio attention until
he/she receives a “copy” response from WCC. If he/she doesn’t receive the response, the officer will seek the PSC’s
attention a second time.
Transmissions will be brief and concise to convey the intended information. Personnel will use WCC approved ten codes
and phonetic alphabet during day to day operations. Common language phrases will be used when Incident Command is
established and more than one department or agency is involved. Common language phrases shall be short, easily
understood transmissions. Slang and jargon are not permitted.
Officers will use the police radio to contact WCC whenever they engage in self initiated activity or when dispatched on a
call for service. Officers should use the police radio to notify WCC when they are in service and available for calls.
Officers should also use the police radio to advise WCC when they are out of service or unavailable for calls. The
telephone may be substituted for the police radio when appropriate.
The radio equipment available to officers has the capability of interagency communications. When communicating with
another agency on that agencies frequency, officers will identify themselves as “New Berlin Squad (Echo Number)”.
Guidelines
When using the radio, officers will speak in a loud and clear voice to enable WCC and other units to understand the
officer without the need to repeat the message. All radio conversations shall be limited to law enforcement business.
New Berlin Police
Department
Directives Manual
Issue Date:
02/19/15
Next Review Date:
12/31/15
Directive Title:
Radio Communication to and from Field
Personnel
Total Pages:
Page 2 of 2
Directive Number:
9102
WILEAG Standards:
9.1.6
At no time shall officers use insulting, discourteous, obscene, or disrespectful language. In addition, officers will not
make derogatory or sarcastic remarks about complaints, citizens or fellow employees.
Officers will keep their radios turned on and tuned to the department main channel unless instructed otherwise or if on
a special assignment. Officers will notify WCC when they arrive and clear from a call for service. When an officer is out
at a location not related to a call for service, the officer will give WCC a contact location/number where he/she can be
reached. Officers may use a cell phone the mobile data computer to notify WCC.
The department has provided WCC with a Police Unit Recommendation form outlining the number of police units that
should be dispatched to various calls for service. Officers will familiarize themselves with this protocol to ensure that
the appropriate number of police units respond to any given situation.
Mobile Data Computers
Officers may send messages to other units via the MDC. Content shall be limited to that which could be legally
broadcasted over the radio by F.C.C. rules and regulations.
Officers should use caution when driving and using the MDC. The department understands that many situations may
arise that require the officer to access information/maps on the MDC while driving. Officers need to remember that
their primary duty is to operate their squad with due regard for other motorists.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/23/15
Next Review Date:
12/31/15
Records
Total Pages:
Page 1 of 5
Directive Number:
10101
WILEAG Standards:
10.1.1, 10.1.2, 10.1.3,
10.1.4, 10.1.5, 10.1.6,
10.1.7, 10.1.8, 10.1.9
Purpose
This directive establishes guidelines for the proper handling, storage and access to department records.
Policy
Department records will be maintained by the Records Division in accordance with all applicable Wisconsin State
Statutes. The Chief of Police is designated as the legal custodian of records for the department.
Records Guidelines
Department records are public records and are generally open to inspection. The Chief of Police is designated as the
records custodian of the department. The Chief of Police may designate another officer to assist with Open Records
requests. Authorization will be required from the Chief or his/her designee before a record can be released. Police Clerks
are authorized to release records.
Department personnel shall have access to department records 24 hours a day, 7 days a week. The news media may
have access to department records in accordance with directive 8101, Public Information.
Officers shall treat all information contained in department records as confidential. No member of the department will
disseminate information without prior approval from the Chief of Police or his/her designee.
Records Security
The Records Division will be responsible for maintaining the security of department records. Officers requiring a working
copy of an original report will make a photocopy and return the original to the “To be Filed” box in Records. Original
reports may not leave the Records area unless required by court order. In this case the officer pulling the report must
complete an “Out of File” card and file it in place of the report
Juvenile records will be stored separate from adult records. Juvenile records will be:
1. Maintained in a different colored file folder than adult records.
2. Stamped “JUVENILE”.
3. Physically separated from adult records.
In addition, juvenile records will be “flagged” with “Contains Juvenile Information” in the Records Management System.
Juvenile fingerprints and photographs will be maintained in the department’s fingerprinting software. Only authorized
users may gain access to this information.
Access to juvenile records is controlled by Wisconsin State Statute 938.396.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/23/15
Next Review Date:
12/31/15
Records
Total Pages:
Page 2 of 5
Directive Number:
10101
WILEAG Standards:
10.1.1, 10.1.2, 10.1.3,
10.1.4, 10.1.5, 10.1.6,
10.1.7, 10.1.8, 10.1.9
Field Reports
The department will maintain a computerized record management system (RMS). All calls for service and all selfinitiated field activity will receive a unique, sequential call number in the RMS.
Calls for service and self-initiated field activity may be reported with a number of different forms available to officers.
These forms include, but are not limited to:
1. Incident Report
2. Arrest Report
3. Supplemental Report
4. WI Motor Vehicle Accident Report (MV4000)
5. WI Uniform Traffic Citation
6. New Berlin Municipal Ordinance Citation
7. New Berlin Municipal Parking Citation
Officers should complete each form with as much information as they have available to them.
Required Reporting
Reporting of calls consists of either a call entry or an incident report in the RMS. The following calls for service will
require the following types of reports:
1. Citizen reports of crimes – Incident report
2. Criminal and non-criminal cases initiated by officers – Incident report
3. Dispatched situations involving arrests, citations or summonses – Incident report
4. Citizen reports of incidents other than crimes – Supervisor/Officer discretion for call entry notes or incident
report
5. Any time an officer is dispatched or assigned to an investigation – call entry
Incident Reporting
All incident reports will be assigned a unique case number in the RMS. The case numbers will be sequential and no
number will be duplicated.
Responsibilities:
1. Supervisors
a. Monitor and track reports currently open and under investigation by officers under their supervision.
b. Ensure the timely completion of reports by personnel under their supervision.
c. Approve reports in a timely manner.
d. Disseminate report submission forms to appropriate divisions or personnel in a timely manner.
e. Make notification to appropriate divisions or personnel via a report submission form or e-mail when an
approved report is not yet available and the exchange of information might be important to that
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/23/15
Next Review Date:
12/31/15
Records
Total Pages:
Page 3 of 5
Directive Number:
10101
WILEAG Standards:
10.1.1, 10.1.2, 10.1.3,
10.1.4, 10.1.5, 10.1.6,
10.1.7, 10.1.8, 10.1.9
division or personnel. The purpose of the submission form or e-mail is to notify the other division(s) or
personnel of the delay in approving the report and to notify them that preliminary information about
the incident can be accessed in the RMS.
2. Officers
a. Become proficient in the use of the Records Management System, including report dictation/call-in and
preparation of reports.
b. Complete Report Submission Form for all incident reports submitted for approval.
c. Coordinate the completion of critical reports requiring immediate completion with all relevant
supervisory personnel.
d. Keep their shift supervisors apprised of the status of on-going investigations they are working on, and
reports related to those investigations.
e. Complete all reports prior to scheduled off days or training days unless a supervisor makes an
exception.
f. Complete all reports in a timely manner.
Report Timelines: Unless an exception is made by a supervisor, officers should complete the following reports before
the end of their shift:
1. Lock-ups in which the person is being held on our charges.
2. Domestic violence reports.
3. Emergency Detentions.
4. Runaway/missing juveniles and missing/endangered adults.
5. Child abuse or neglect.
6. State OAWI arrests.
7. Death investigations with suspicious circumstances or in which the Medical Examiner has indicated that an
autopsy will be completed the next day.
8. Injury while on duty incident reports along with Worker’s Compensation form WKC-12-E “Employer’s First
Report of Injury or Disease”.
9. Any open cases that require immediate follow-up by other shifts or divisions.
10. Any report when the availability and exchange of information might be important to other shifts, divisions,
division commanders or the Chief of Police.
11. Any case in which an active “attempt to locate” teletype has been sent to another agency or agencies.
12. Matters of officer safety or concern for the safety of the community.
13. Use of force reports required by directive 5301, Use of Force Reporting and Review.
Officers completing any of the above reports will check with a supervisor for report approval before ending their tour of
duty.
Safety Alert Requests: When officers obtain information they feel is related to a safety issue other officers should know
of, a Safety Alert Request form can be submitted. Officers will follow department procedures when submitting a Safety
Alert Request.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/23/15
Next Review Date:
12/31/15
Records
Total Pages:
Page 4 of 5
Directive Number:
10101
WILEAG Standards:
10.1.1, 10.1.2, 10.1.3,
10.1.4, 10.1.5, 10.1.6,
10.1.7, 10.1.8, 10.1.9
Master Name Index
The department will maintain a “Master Name Index” database in the computerized RMS.
All contacts with persons or businesses that are documented through the use of incident reports, accident reports, or
citations will be entered into the Master Name Index. These include, but are not limited to: arrestees, victims,
complainants, suspects, witnesses, etc.
The Master Name Index contains:
1. Basic name information including name, address and telephone number for all entries. Information on
individuals includes date of birth, social security number, driver’s license numbers, physical descriptors and
when practical and/or applicable the person’s email address.
2. The history of all documented department contacts with each person/ business in the system.
3. The criminal history of each person arrested by the department.
a. Juveniles are indicated by an ID number beginning with “J”.
b. Adults are indicated by an ID number beginning with “A”.
4. Booking Numbers. Prior to booking, officers will check the Master Name Index to determine if the individual
being booked has a booking number. If a booking number has been previously issued, this number will be used
for booking the individual in lieu of assigning a new number. If there is no previous booking number, a new
number will be assigned from the Arrest Log Book using the next available sequential number. Booking numbers
will not be duplicated.
Traffic Citation Records Maintenance
The department will use the Badger TraCS software for the issuance of traffic citations, municipal ordinance citations
and warnings. In addition, the TraCS software should be used for the completion of traffic accidents.
All citations issued will be recorded by the TraCS software. In the event that TraCS is not functioning, the department
will maintain a supply of handwritten citations in the Records Division. The citations will be secured in a locked cabinet
in the Records Division. Police Records Clerks and the Chief of Police will have access to the citation storage area. Police
Records Clerks will issue citation books to officers upon request. The Records Division will maintain a log which contains:
1. Type of citation
2. Date issued
3. Starting and ending number of the citation book
4. Officer citation book is issued to.
All citations, whether handwritten or issued through TraCS, will be accounted for. In the event an officer needs to void
an issued citation, the officer will complete a Citation Void Request. The officer will submit the Citation Void Request,
along with the original copy of the citation, to his/her supervisor for review and approval.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/23/15
Next Review Date:
12/31/15
Records
Total Pages:
Page 5 of 5
Directive Number:
10101
WILEAG Standards:
10.1.1, 10.1.2, 10.1.3,
10.1.4, 10.1.5, 10.1.6,
10.1.7, 10.1.8, 10.1.9
Record Retention
Records will be retained according to the Record Retention Schedule.
Juvenile records not destroyed, as part of the normal retention period, will be maintained for police purposes only and
disclosure for other than police purposes will require a Court Order.
Exceptions to the Retention Schedule:
1. Any record for which there is reason to believe litigation may be pending will not be destroyed, regardless of
whether the retention period has concluded.
2. Such records will be placed on a hold status until all litigation and the time for appeal has concluded.
Special Files include Major Crime and Stolen Gun reports. These reports are kept permanently.
1. Major crimes would be any incident deemed by the Investigation Division to be a major crime.
2. Stolen gun reports involve the theft of a firearm.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/24/15
Next Review Date:
12/31/15
T.I.M.E. System
Total Pages:
Page 1 of 4
Directive Number:
10102
WILEAG Standards:
10.1.10
Purpose
This directive establishes guidelines to be followed in the processing of TIME SYSTEM messages. TIME (Transaction
Information for Management of Enforcement) was implemented to achieve efficient and accurate exchange of
information with law enforcement and other public safety agencies.
Policy
The Wisconsin Department of Justice, Crime Information Bureau operates the TIME System. The TIME System is a
computerized communications and data entry-retrieval system serving law enforcement agencies providing statewide
and nationwide access to information on wanted persons, stolen vehicles, stolen articles, driver’s license, and vehicle
registration. The system also provides an effective method of administrative communication for law enforcement
purposes. The New Berlin Police Department maintains a terminal connected to the TIME System network and provides
access for the department's officers and their use for criminal justice purposes only.
It is the policy of the department to fully comply with the TIME system's guidelines and rules in order to maintain access
to the system. Only those personnel who are trained and authorized to use the system in accordance with TIME system
rules and guidelines may do so.
Definitions
C.I.B - Crime Information Bureau
NCIC – National Crime Information Center
NLETS – National Law Enforcement Telecommunications System
CHRI – Criminal History Record Information
DOT- Department of Transportation
TIME System Hit – A TIME System “Hit” is not probable cause for arrest. The “Hit” must be coupled with other facts by
the officer to arrive at sufficient legal grounds for probable cause to arrest. Certain data fields are maintained for officer
safety.
Terminal Operators
All Police Clerks will be trained as terminal operators. Terminal operators will complete the CIB Training Program and
shall be certified by the State of Wisconsin to operate the TIME System for the purposes of entry, modification and
cancellation of wanted persons and stolen items (motor vehicles, boats, guns, securities and other articles which may be
entered into the system).
Police Clerks will be available 24 hours a day, seven days a week to access the TIME System to send and receive
information. They will also have 24 hours a day access to the department’s warrant and wanted person’s information.
The Records Division has the responsibility for maintaining the department’s TIME System records.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/24/15
Next Review Date:
12/31/15
T.I.M.E. System
Total Pages:
Page 2 of 4
Directive Number:
10102
WILEAG Standards:
10.1.10
Validation Officer and TIME Agency Coordinator (TAC)
A Records Division supervisor will serve as the department’s Validation Officer and TIME Agency Coordinator (TAC). The
Validation Officer will be responsible for file validations to insure that records in the computer files entered by the
department are accurate, complete and up-to-date. In addition, Police Clerks will assist each other in verifying that the
information on any TIME System entry is correct.
The Validation Officer will be responsible for the quality control of the department’s TIME operations. The Validation
Officer will periodically check the accuracy of the department’s TIME use, independent of CIB mandatory validations.
This includes initial entry, modification or supplement. A copy of the documented entry information will be filed with
the worksheet in the specified folders in the Records Division. All files that hold CIB/NCIC entries shall be located in the
Records Division. The Validation Officer or TAC will be responsible for responding to any questionnaires or other
correspondence from CIB, including CJIS Policy. The Validation Officer is responsible to insure that the validation is
accomplished and the letter of certification is returned to CIB within the specified time period. All entries appearing on
the monthly validations will be checked for accuracy and completeness. Stale information should be removed and
information updated. All changes must be documented in the case file.
Validation: No records entered by this department into the CIB or NCIC files will be validated without verification from
the person or official/officer responsible for the initial report, or someone who has assumed responsibility for the
record/property. Entry may be maintained if there is an investigative value to support maintaining the entry.
TIME System Data File Entries
Documentation: Entry of data in the TIME System can only be accomplished if the agency has proper documentation in
its possession. Entry into the data files should be made immediately upon receipt of required documentation and
minimum data required for entry. Supporting documentation for any of the TIME System data file entries will be in
accordance with TIME System rules and guidelines. Examples of proper documentation include, but are not limited to:
1. Warrants
2. Complaints
3. DOT Driver or Vehicle print out
4. CHRI segments from CIB & NCIC
5. Computer acceptance entries along with copy of Entry
6. All modifying and supplementary hard copy
7. All canceling hard copy
Quality Control: In an effort to make sure data file entries do not contain errors; it is the policy of this department to
have the data file entry checked by another Police Clerk. The clerk verifying the accuracy of the data should initial the
entry. All updates to entries (modification, supplement) are also subject to this second party (Validation Officer) check
procedure.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/24/15
Next Review Date:
12/31/15
T.I.M.E. System
Total Pages:
Page 3 of 4
Directive Number:
10102
WILEAG Standards:
10.1.10
Warrant/Wanted Persons
All outstanding warrants will be kept in the Warrant file in the Records Division. When the New Berlin Municipal Court
issues a warrant for a person’s arrest, the Court Clerk will provide the warrant to the Police Clerks. A TIME System
certified Police Clerk will enter the warrant into the TIME System. The warrant will then be placed into the Warrant file.
Entries into the Warrant file will be based on the following warrant categories with the actual offense specified:
1. Civil Process, local ordinance
2. Civil Process, local ordinance – Caution
3. Civil Process, State law (non-criminal)
4. Civil Process, State law (non-criminal) – Caution
5. Juvenile warrant
6. Juvenile warrant – caution
Police Clerks will cancel a warrant upon notification that the warrant was served or withdrawn. The Police Clerk, upon
cancellation of a warrant, will place the warrant file in the “Pending” file and send an email to the other Police Clerks
and the Municipal Court Clerk.
Access to and Release of Information
Department of Transportation: The Department of Transportation is the custodial agency of vehicle and driver record
files and is responsible for its dissemination. The department will not furnish driver information files or registration
information to the public that is obtained through the TIME System. Public requests for registration information shall be
directed to the DOT website.
Juvenile DOT Records: Wisconsin State Statues state the DOT shall not disclose juvenile records concerning or related
to certain violations to any person other than a court, district attorney, county corporate counsel, city, village or town
attorney, law enforcement agency, the minor who committed the violation or their parent /guardian. The department
will not release juvenile DOT information to anyone other than those listed.
Criminal History Record Information (CHRI): Law enforcement is required to use strict privacy considerations with CHRI.
Request for CHRI must be submitted in the proper format utilizing the proper purpose codes to ensure prohibited
information is not released to unauthorized persons. CHRI requests are subject to audit and must be able to be tracked
within the department as to final destination and reason for the request. All requests for CHRI shall contain, in the
attention line, the name and/or employee number of the subject requesting the CHRI information.
Any CHRI request from this department will contain, at a minimum, the following data;
1. Subject’s name, sex, race and DOB.
2. Correct purpose code.
3. Attention line with name of requesting officer and reason for inquiry or case number.
4. Operator’s name and number.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/24/15
Next Review Date:
12/31/15
T.I.M.E. System
Total Pages:
Page 4 of 4
Directive Number:
10102
WILEAG Standards:
10.1.10
Physical and System Security
Only authorized personnel may operate the department TIME System terminal. The TIME System may only be used for
official messages.
Data stored in central repository files as part of the TIME System must be protected from unauthorized access and
restricted to authorized law enforcement agencies. The department will release data obtained via the TIME System only
to those law enforcement agencies with which the department has a signed agreement detailing dissemination of such
information, and to the City Clerk's Office for the purpose of performing background investigations dictated by State
statute or local ordinance. It is a violation of TIME System policy to obtain any data for personal reasons. Selling data is
strictly prohibited.
Access to the eTIME system shall be limited to on-duty personnel on department computers only. The only exception to
this is access by on-duty Special Unit personnel (i.e. MEG unit) who may use other computers as necessary in connection
with their assignment
Access to CHRI is restricted to authorized criminal justice agencies and personnel only. Specific transactions will be
utilized when requesting this information. All agencies shall ensure that all CHRI requests and responses are for
legitimate purposes.
The TIME system terminal must be placed in a location that is not available to the general public. The department’s
TIME System terminal will be placed in the secure area of the Records Division. Only TIME System certified operators will
use this terminal.
TIME System Hits
Hit confirmation requests will be processed by the Police Clerks in accordance with their training.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/25/15
Next Review Date:
12/31/15
Open Records
Total Pages:
Page 1 of 4
Directive Number:
10201
WILEAG Standards:
10.2.1
Purpose
This directive establishes the guidelines for the proper release of department records pursuant to an open records
request.
Policy
It is the policy of the department to allow for the public to obtain information and access to public records, make
requests for records or obtain copies of records. The department will charge a fee of $.50 per page.
The Chief of Police is the legal records custodian for the police department.
Definitions
Record: Any material on which written, drawn, printed, spoken, visual, or electromagnetic information is recorded or
preserved, regardless of physical form or characteristics, which has been created or is being kept by an authority.
“Record” includes, but is not limited to handwritten, typed or printed pages, maps, charts, photographs, films,
recordings, tapes (including computer tapes), computer printouts and optical disks, electronic records and
communications
“Record” does not include drafts, notes, preliminary computations and like materials prepared for the originator’s
personal use or prepared by the originator in the name of a person for whom the originator is working; materials which
are purely the personal property of the custodian and have no relation to his or her office; materials to which access is
limited by copyright, patent or bequest; and published materials in the possession of an authority other than a public
library which are available for sale, or which are available for inspection at a public library.
Requester: Generally, any person who requests inspection or a copy of a record.
Personally Identifiable Information: Information that can be associated with a particular individual through one or
more identifiers or other information or circumstances.
Open Records Requests
The public may request a copy or inspection of public records by:
1. Calling the police department Records Custodian and requesting a record
2. Faxing a request to the police department
3. Appearing in person in the police department lobby
4. Mail a written request for a record to the police department
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/25/15
Next Review Date:
12/31/15
Open Records
Total Pages:
Page 2 of 4
Directive Number:
10201
WILEAG Standards:
10.2.1
Granting or Denying an Open Records Request
All requests for information and records are subject to a determination by the Chief of Police or his/her designee as to
whether the record is subject to release under applicable law.
A request will always fall into one of the following categories:
1. Absolute right of access
2. Absolute denial of access
3. Right of access as determined by a balancing test.
If a determination is made that the requester has a right to inspect or copy a record, the request shall be granted. The
department will fill an open records request as soon as practicable and without delay.
Balancing Test: The Chief of Police or his/her designee shall determine if there is a statutory exception or recognized
legal limitation to granting a records request. Where a potential limitation may exist, the Chief of Police shall “balance”
the request by weighing the competing interests involved. A request may only be denied when the public’s right to
inspect the information is outweighed by the public interest in not disclosing the information.
Denying a Request: The Chief of Police, or his/her designee, may consider the following basis for denial of a requested
record:
1. Statutory exemptions
2. Common law principles
3. Balancing Test
Statutory Reasons for Denial:
1. The record does not exist.
2. The item requested is not a “record” as defined by the Wis. Statutes.
3. The record is part of a records series, as defined in WI §19.62(7), that is not indexed, arranged, or automated in
a way that the record can be retrieved by the authority maintaining the records series by use of an individual’s
name, address or other identifier.
4. The record contains “personally identifiable information” (i.e. that can be associated with a particular individual
through one or more identifiers or other information or circumstances) that is collected or maintained in
connection with a complaint, investigation or other circumstances that may lead to an enforcement action,
administrative proceeding, arbitration or court proceeding, or any such record that is collected or maintained in
connection with such an action or proceeding.
5. The record contains “personally identifiable information” that, if released, would:
a. Endanger an individual’s life or safety;
b. Identify a confidential informant;
c. Endanger the security, population or staff, of any state prison, jail, secured correctional facility, secured
child caring institution, secured group home, mental health institute, center for the developmentally
disabled, or facility for the institutional care of sexually violent persons as those facilities are defined by
statute; or
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/25/15
Next Review Date:
12/31/15
Open Records
Total Pages:
Page 3 of 4
Directive Number:
10201
WILEAG Standards:
10.2.1
d. Compromise the rehabilitation of a person in the custody of the department of corrections or detained
in a jail or facility.
6. The record is a confidential juvenile arrest record for which access is restricted under WI §938.396 and §48.396.
Limited access may be granted in accordance with WI §938.396 and policies adopted by the Police Department.
If the Chief of Police determines that a request will be denied (in whole or part), the requester will be notified of the
denial, and the reason(s) for the denial as soon as practicable.
1. An oral request may be denied unless a written statement of the reason(s) for the denial is made by the
requester within 5 business days (§19.35(4)(b)).
2. If a written request is denied in whole or part, the requester shall receive a written statement of the reason(s)
for the denial and shall be informed that the determination is subject to review by mandamus, or upon
application to the attorney general or a district attorney (§19.35(4)(b)).
3. The reason for the denial of a record must be given in the initial response or the court will order the documents
to be disclosed. The record(s) will be disclosed if the Chief of Police gives no reasons or insufficient reasons for
the denial.
Processing a Request
All open records request shall be reviewed to determine precisely what is being requested. If the request is unclear, the
request may be denied or clarification sought.
If the Chief of Police or his/her designee determines that the request will take considerable time and effort to fulfill, the
anticipated costs may be estimated and the requester will be informed of those costs. A pre-payment will be required if
the cost will be more than $5.
If the request pertains to a member of the department, the Chief of Police or his/her designee will review the record and
delete the appropriate prohibited information, which includes:
1. Home address and other personal identifying information about the employee
2. References to ongoing investigations
3. Employee exam information, except for a final score
4. Information used for staff planning, including performance evaluations, judgments and recommendations
containing subjective notes by supervisors or department heads regarding pay, assignment, promotions or any
other comments or ratings relating to the employee
Law Enforcement Records
Personnel Files: A complete withholding of personnel files of all law enforcement personnel is not justified. However,
non-disclosure of information harmful to the officers’ privacy and reputational interests and especially harmful to the
public interest may be justified. The officer that is the subject of the record will be notified of the potential release of
his/her personnel file in accordance with Wisconsin State Statute 19.356.
Sensitive Requests: Records that are considered “sensitive” include, but are not limited to:
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/25/15
1.
2.
3.
4.
5.
6.
Next Review Date:
12/31/15
Open Records
Total Pages:
Page 4 of 4
Directive Number:
10201
WILEAG Standards:
10.2.1
Sexual assault
Child abuse
Child neglect
Suicide
Photos or videos depicting images that would be considered graphic, horrific and/or “shock the senses”.
An ongoing criminal investigation.
Decisions on the release of “sensitive” records must be made on a case-by-case basis. The Chief of Police or his /her
designee will conduct the required balancing test before deciding to release the record.
Juvenile Records: Juvenile records are not normally subject to disclosure. However, juvenile law enforcement records
that relate to weapons, drugs or sex offenses may be disclosed for limited purposes to school officials or department of
corrections officials.
New Berlin Police
Department
Directives Manual
Issue Date:
02/25/15
Next Review Date:
12/31/15
Directive Title:
Driver’s Privacy Protection Act
Total Pages:
Page 1 of 4
Directive Number:
10301
WILEAG Standards:
Purpose
This directive establishes guidelines for the release of records derived from the Department of Motor Vehicles (DMV) to
third parties. The Driver’s Privacy Protection Act (DPPA) was created to protect people from the personal dangers
resulting from the disclosure of sensitive personal information and highly restricted personal information by
governmental entities to third parties. The DPPA is to be applied in conjunction with the Wisconsin Open Records Law,
which presumes complete public access to public records consistent with the conduct of governmental business unless
denial of such access is in the public interest or required by the DPPA. The further purpose of this policy is to provide
guidance as to what personal data should be redacted from records derived from the DMV while still providing the
public with all relevant information needed for public safety purposes without compromising the personal safety/privacy
protection interests that lie at the heart of the DPPA.
Policy
The New Berlin Police Department adopts the policy underlying the DPPA which was enacted in 1994 and codified at 18
U.S.C.§ 2721 et.seq. The DPPA was enacted to prohibit states’ departments of motor vehicles and any officer, employee
or contractor thereof from knowingly disclosing or making available personal information about any individual obtained
in connection with a motor vehicle record without the person’s express consent, except as specifically allowed in
relevant exceptions outlined in the DPPA. The department adopts the Declaration of Policy found in Wisconsin Statutes
§ 19.31, which construes the Wisconsin Open Records Law with a presumption of complete public access to public
records consistent with the conduct of governmental business, unless denial of such access is in the public interest and is
not in violation of the Driver’s Privacy Protection Act.
Administrative Rules of Access
The Chief of Police is the official “custodian” of the records of the police department. The Chief may appoint a
subordinate command officer(s) to perform the role of “deputy custodian(s)”. Other department members may be
appointed by the Chief as designees.
Authorities
Wisconsin State Statutes:
19.21(1)
Custody of Records
19.33
Legal Custodians
19.34
Procedural Information
19.35
Access to Records; fees
19.36
Limitations upon Access and Withholding
19.85
Exemptions to the Open Meetings Law
48.396
Confidentiality of Children’s Records
51.30
Medical Treatment Records
146.82
Confidentiality of Patient Health Care Records
938.396
Confidentiality of Juvenile Records
New Berlin Police
Department
Directives Manual
Issue Date:
02/25/15
950.01
Next Review Date:
12/31/15
Directive Title:
Driver’s Privacy Protection Act
Total Pages:
Page 2 of 4
Directive Number:
10301
WILEAG Standards:
Legislative Intent/Rights of Victims and Witnesses of Crime.
Federal Case Law:
Senne v. Village of Palatine, Illinois, 695 F.3d 597 (7th Cir. 2012). Maracich, et al. v. Spears, et al., U.S. Supreme
Ct. Dkt. No. 12-25 (Opinion pending: Oral Argument 01/09/2013)
Other Authorities:
18 U.S.C. § 2721, et. seq. Federal Driver’s Privacy Protection Act
18 U.S.C. § 2725, et. seq. Federal Driver’s Privacy Protection Act – Definitions
42 U.S.C. § 1320d, et. seq. Health Insurance Portability and Accountability Act (HIPAA)
Definitions Under the DPPA
Motor Vehicle Record: any record that pertains to a motor vehicle operator’s permit, motor vehicle title, motor vehicle
registration, or identification card issued by a department of motor vehicles.
Person: An individual, organization or entity, but does not include a state or agency thereof.
Personal Information: Information that identifies an individual, including an individual’s photograph, social security
number, driver identification number, name, address (but not the 5-digit zip code), telephone number, and medical or
disability information.
Highly Restricted Personal Information: An individual’s photograph or image, social security number, medical or
disability information.
Express Consent: consent in writing, including consent conveyed electronically that bears an electronic signature as
defined in section 106(5) of Public Law 106-229.
Limitations on Disclosure of Information Derived from the DMV
Information obtained through the Department of Motor Vehicles that should not be disclosed or otherwise made
available to non-excepted third parties. The following personal information should be redacted from any official records
prior to release to non-excepted third parties.
1. Name;
2. Addresses, including home addresses;
3. Telephone numbers (cell or hard line);
4. Dates of birth;
5. Driver’s license numbers and driver’s ID numbers;
6. Any record identifying any individual when that identification would invade the person’s privacy and discourage
full cooperation in reporting accidents;
7. An individual’s photograph;
8. An individual’s social security number;
New Berlin Police
Department
Directives Manual
Issue Date:
02/25/15
Next Review Date:
12/31/15
Directive Title:
Driver’s Privacy Protection Act
Total Pages:
Page 3 of 4
Directive Number:
10301
WILEAG Standards:
9. 9-digit zip code (but not the 5-digit zip code);
10. Medical or disability information;
11. Any information that would compromise the safety of victims or witnesses of a crime. See Wis. Stats. Chapter
950, Rights of Victims and Witnesses of Crime;
12. Any record that would endanger an individual’s life or safety, Wis. Stat. §19.35;
13. Any record that would identify a confidential informant, Wis. Stat. § 19.35;
14. Any record, the release of which would not be in the public interest under the Wisconsin Open Records law.
Refer to directive 10201.
Permissible Disclosure of Information Derived from the DMV
The DPPA does allow release of records with the exclusion of any of the personal information derived from Department
of Motor Vehicle records. All other non-personal information contained within records can be released to a requesting
third party. For example, personal information does not include factual information as to where, when or how an
incident occurred.
Permissible Disclosure of Personal Information Derived from the DMV
The DPPA allows personal information derived from the Wisconsin Department of Motor Vehicles records to be used in
14 specific exceptions. Six of these exceptions are most relevant to this policy. They are:
1. For use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor
vehicle product alterations, recalls or advisories.
2. For use by any government agency, including any court or law enforcement agency, in carrying out its functions,
or any private persons or entity action on behalf of a federal, state or local agency in carrying out its functions.
3. For the purpose of bulk distributions for surveys, marketing or solicitations if the State has obtained the express
consent of the person to whom such personal information pertains.
4. For use in connections with any civil, criminal, administrative or arbitral proceeding in any federal, state or local
court or agency or before any self-regulatory body, including the service of process, investigation in anticipation
of litigation and the execution or enforcement of judgments and orders or pursuant to an order of a federal,
state or local court.
5. For any other use specifically authorized under the laws of the state that holds the records, if such use is related
to the operation of a motor vehicle or public safety.
6. For use by an insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or
contractors in connection with claims investigation activities, anti-fraud activities, rating or underwriting.
Release of Records Derived from the DMV
If there is a question as to the release of a record derived from the DMV, the request shall be referred through the chain
of command and to the City Attorney’s Office for an opinion. No release of records derived from DMV is permitted
without the consent of the Chief of Police or the Chief’s designee.
All releases of records shall be consistent with City of New Berlin Ordinances and applicable state and federal laws.
New Berlin Police
Department
Directives Manual
Issue Date:
02/25/15
Next Review Date:
12/31/15
Directive Title:
Driver’s Privacy Protection Act
Total Pages:
Page 4 of 4
Directive Number:
10301
WILEAG Standards:
All releases of records derived from the DMV shall be in writing.
Drivers requesting a copy of an accident report may get a copy with their information intact if they provide
identification. The other driver’s information will be redacted. Individuals requesting a copy of an accident report who
decline to provide identification will receive a totally redacted copy.
Associated DPPA Forms
The City of New Berlin LIMITED VEHICLE/DRIVER RECORD INFORMATION REQUEST FORM can be found here.
The City of New Berlin RELEASE OF PERSONAL INFORMATION UNDER THE FEDERAL DRIVER’S PRIVACY PROTECTION ACT
form can be found here.
New Berlin Police
Department
Directives Manual
Issue Date:
02/26/15
Next Review Date:
12/31/15
Directive Title:
Collection and Preservation of Evidence
Total Pages:
Page 1 of 4
Directive Number:
11101
WILEAG Standards:
11.1.1, 11.1.2, 11.1.3,
11.1.4, 11.1.5, 11.1.6,
11.1.7, 11.1.8
Purpose
This directive establishes guidelines for the proper collection and preservation of evidence.
Policy
It is the policy of the department that officers will collect and preserve physical evidence to assist with the re-creation of
a crime or crash scene.
Crime Scene Processing
It is the responsibility of all officers to lawfully collect any item that may play a substantial role in proving that a crime
has been committed by a specific individual. The term "evidence" may include, among other things: suspected stolen
property, instruments of a crime, trace evidence (hair, fibers, etc.) and fragile impressions of identifying marks or prints.
Without regard to the seriousness of the violation, all evidence should be collected, preserved and documented
according to the guidelines established in the Wisconsin Crime Lab Physical Evidence Handbook.
The size and scope of the crime scene area, as well as the seriousness and nature of the crime, will determine the
responsibility of the first responding officer. In all cases, the first officer arriving on the scene of a crime is responsible
for the security and protection of the area until properly relieved or when the duty is no longer needed. The first
responding officer may direct other officers to assist as needed. Processing of the crime/crash scene may include:
1. Searching the scene for items of evidence
2. Photographing the scene
3. Diagramming/sketching of the scene
4. Collecting and preserving evidence
For serious crimes, or instances where there is a large amount of evidence that needs to be collected, the first
responding officer should notify his/her supervisor. The supervisor will make the decision to request the assistance of
the Investigation Division, Accident Investigation Unit or other officers trained as Crime Scene Processors. The
department will maintain a cadre of officers that are trained, equipped and available to process a crime/crash scene 24
hours a day, 7 days a week.
Evidence Collection
Physical Evidence: Physical evidence will be collected, packaged and stored in accordance with department procedures.
To maintain the chain of custody, all physical evidence will be packaged and stored at the time it is collected. Physical
evidence will not be stored anywhere other than department approved and provided storage areas. Officers will not
keep physical evidence in their lockers for later processing.
Photography: A digital camera shall be the primary device for gathering photographic evidence. The photographer
should document the use of the digital camera in a supplemental report. Digital photos should be described on the New
Berlin Police Department Photo Log. The following are circumstances when digital photographs should be taken:
New Berlin Police
Department
Directives Manual
Issue Date:
02/26/15
Next Review Date:
12/31/15
Directive Title:
Collection and Preservation of Evidence
Total Pages:
Page 2 of 4
Directive Number:
11101
WILEAG Standards:
11.1.1, 11.1.2, 11.1.3,
11.1.4, 11.1.5, 11.1.6,
11.1.7, 11.1.8
1. Reportable traffic accidents:
a. Accidents involving City of New Berlin property or vehicles
b. Fatal accidents
c. Any other accident in which the investigating officer or supervisor believe it is in the best interest of the
investigation.
2. Criminal investigations:
a. Major crime scenes of a serious nature, regardless of apparent evidence present, including homicide,
sexual assault, and other violent crimes.
b. Felony or misdemeanor crimes where physical evidence is present
c. Any other accident in which the investigating officer or supervisor believe it is in the best interest of the
investigation.
3. General investigations: Investigative scenes involving death or injuries to a person should be photographed.
These scenes may include, but are not limited to; industrial accidents, fire scenes, or any other scene in which a
supervisor believes photographs should be taken.
4. Retail theft complaints: Digital photographs shall be taken of property recovered in criminal and municipal
retail theft cases. The property should then be returned to the retailer as soon as possible.
5. Intoxicants: Digital photographs shall be taken of the entire quantity before the intoxicants are entered into
inventory.
Digital photos will be taken and stored according to department procedures.
Crime Scene Sketch: A sketch should be prepared to include the location of the crime scene and evidence found there.
If necessary, and approved by a supervisor, the Accident Investigation Unit can be utilized to take measurements and
prepare a scale diagram of a crime/crash scene.
Fingerprints: Fingerprint evidence will be collected, packaged and preserved in accordance with department
procedures.
DNA Evidence: Before attempting to collect DNA evidence, officers need to be mindful of certain precautions and
responsibilities:
1. Officers should be cognizant of the fact that certain biological evidence can contain hazardous pathogens to
include the Hepatitis B virus and HIV. The same precautions that are taken to protect the investigator are used
to maintain the integrity of the evidence.
2. Officers should avoid contamination of DNA evidence by wearing protective gloves and changing gloves often
when handling different pieces of evidence. Avoid touching any areas where DNA may exist and avoid talking,
sneezing or coughing over evidence.
3. Officers should recognize possible sources of DNA, protect evidence, maintain a record of persons entering the
scene and take steps to preserve any items that may be discarded by EMS or the victim.
DNA evidence will be collected, transported and stored in accordance with department procedures. Only properly
trained officers will collect DNA evidence. If an officer does not have the training to collect potential DNA evidence, the
officer will notify his/her supervisor who will decide who should collect the evidence.
New Berlin Police
Department
Directives Manual
Issue Date:
02/26/15
Next Review Date:
12/31/15
Directive Title:
Collection and Preservation of Evidence
Total Pages:
Page 3 of 4
Directive Number:
11101
WILEAG Standards:
11.1.1, 11.1.2, 11.1.3,
11.1.4, 11.1.5, 11.1.6,
11.1.7, 11.1.8
Collection of DNA for certain arrests: Pursuant to WI State Statute 165.76, officers will collect a DNA sample from
anyone arrested for a violent crime as defined by WI State Statute 165.84(7)(ab). In addition, officers will collect a DNA
sample for any person arrested for a qualifying offense as listed in the Qualifying Offense sheet.
Officers will collect DNA samples for submission to the State Crime Lab in accordance with department procedures.
Biological Evidence: Biological evidence can include blood, saliva, urine, feces, semen and other bodily fluids. Biological
evidence will be collected in accordance with department procedures.
Computer/Electronic Evidence: Before attempting to collect computer/electronic evidence, officers need to be mindful
of certain precautions and responsibilities:
1. Ensure that there is a legal basis to seize the computer or electronic device.
2. Do not access any files on the computer or electronic device. Officers should not start searching through the
computer.
3. If the computer if off, leave it off.
4. If the computer is on, take a photograph of the screen.
5. Power the computer down by pulling the power cord from the back of the computer.
Computer/electronic evidence will be collected, transported and stored in accordance with department procedures.
Only personnel that have been trained to properly collect computer/electronic evidence will attempt to do so.
Other types of evidence: Other types of evidence not already listed in this directive should be collected and processed
according to department procedures contained on the department’s computer network.
Digital and analog evidence will be copied and provided to the District Attorney’s office according to department
procedures.
Transfer of Custody of Evidence
Officers will record the transfer of custody of evidence to the property room using the department’s computerized
property management program. Property custodians will use the same property management system to document the
receipt of the property. If an officer uses a “Pass Back Locker” to temporarily store evidence for processing, the officer
will document in his/her report the date and time the evidence was placed in the locker, and the date and time it was
retrieved.
Anytime a property custodian transfers any property to another person or agency, the property custodian will document
that transfer in the property management system. The transfer documentation will include:
1. Date and time of transfer.
2. Name of person transferring the property.
3. Name/title/agency of person receiving the property.
4. Lab name and location.
5. Reason for the transfer.
New Berlin Police
Department
Directives Manual
Issue Date:
02/26/15
Next Review Date:
12/31/15
Directive Title:
Collection and Preservation of Evidence
Total Pages:
Page 4 of 4
Directive Number:
11101
WILEAG Standards:
11.1.1, 11.1.2, 11.1.3,
11.1.4, 11.1.5, 11.1.6,
11.1.7, 11.1.8
6. Any processing requested to be done.
Transmittal of Evidence to a Lab
The officer collecting an item of evidence shall be responsible for requesting laboratory examination at an appropriate
time in the investigation. The officer requesting laboratory examination of an item will complete the Evidence Process
Request form. Evidence will usually be submitted to the laboratory in person, but may be sent via registered mail when
necessary. A property custodian will personally deliver items of evidence to the Wisconsin State Crime Laboratory,
complete necessary submission forms and obtain a property receipt including the signature of the receiving laboratory
employee. The property custodian will only transmit items of evidence that have been properly packaged or identified.
The property custodian will document the following information in the property management program:
1.
2.
3.
4.
5.
6.
Name of the officer submitting the evidence
Description of the item(s) being submitted
Date and time of submission or mailing and the method used for transmission
Tests or analysis requested of the laboratory
Date and time of receipt at the laboratory
Name of the laboratory employee receiving the evidence
OWI Evidence: Officers will frequently have to submit evidence of an OWI violation for testing. Officers should follow
department procedures to determine the correct lab/transmittal method for OWI evidence.
New Berlin Police
Department
Directives Manual
Issue Date:
02/27/15
Next Review Date:
12/31/15
Directive Title:
Control of Evidence and Property
Total Pages:
Page 1 of 4
Directive Number:
11201
WILEAG Standards:
11.2.1, 11.2.2, 11.2.3,
11.2.4, 11.2.5, 11.2.6
Purpose
The purpose of this directive is to insure the safekeeping and accountability of property that is found, recovered, or
evidential in nature.
Policy
It is the policy of the department for all personnel to maintain a high degree of accountability with property under their
control. Officers will inventory and log into the department’s property management program, all property or evidence
obtained by them as soon as possible. The department shall maintain a storage area to secure property that is
evidentiary, recovered, found, and/or taken for safekeeping. Strict measures shall be maintained with respect to the
handling, security, and disposition of property. The department shall make every reasonable effort to return property to
the rightful owner. All property coming into the custody of the department shall be accounted for in accordance with
the guidelines set forth in this order, along with all applicable federal, state, and local laws.
Property Classifications
Evidence: Property that is collected to prove elements of a crime.
Recovered: Stolen property that has been recovered and is being held as evidence. It may be available for release to the
rightful owner.
Safekeeping: Property that has no evidentiary value and is available for release to the owner unless otherwise
indicated.
Found Property: Property that has been lost, mislaid, or abandoned and is not evidence of a known criminal offense.
Guidelines
Officers will document in a written report, all property or evidence that comes into their possession. Officers will
document how the property or evidence came into their possession and what they did with the property. Officers will
document their receipt of any property or evidence, and its entry into the property management program, before the
end of the officer’s shift. A supervisor may approve an exception to this, as long as the officer has documented that the
property has at least been placed in a “Pass Back” locker.
Property and Evidence Storage Area: All property will be stored in the designated secure property room whenever
possible. Items too large for an evidence locker will be marked according to department procedures and placed in the
corner of the property room. Property room personnel will maintain the property storage area by recording the location
where the property has been stored. Only property room personnel shall have the security entrance code to the
property room.
Other Property Storage Areas: On occasion, property may require an alternate storage site due to size, weight, odor,
amount, or hazardous nature. Alternate storage sites shall offer reasonable security. When a storage location cannot be
secured, the property should be packaged to prevent tampering. If packaging is impractical, a police guard may have to
be posted until the property can be processed, documented, or sampled and no longer needs security. Evidence that
New Berlin Police
Department
Directives Manual
Issue Date:
02/27/15
Next Review Date:
12/31/15
Directive Title:
Control of Evidence and Property
Total Pages:
Page 2 of 4
Directive Number:
11201
WILEAG Standards:
11.2.1, 11.2.2, 11.2.3,
11.2.4, 11.2.5, 11.2.6
requires drying should be placed in the secure drying room until it can be properly packaged. The drying room key shall
be retained by the inventorying officer.
Alternate storage areas include, but are not limited to, floor space located near the pass-through property locker area,
jail sally port, maintenance garage, basement parking garage or secure impound lot. The storage location must be
communicated to property room personnel so that the item(s) can be moved into the secure storage area if appropriate.
Property Room Personnel: The Chief of Police will designate property room personnel. Property room personnel shall
be responsible for the control and maintenance of property stored in the property storage area.
Packaging of Property: All items entered into property storage shall be packaged in accordance with the New Berlin
Police Department Packaging Manual. Property room personnel have the “right of refusal” for any item which is not
packaged or stored appropriately. Improperly packaged property will be returned to the officer who inventoried the
item.
Officers will take precautions when dealing with high value, sensitive or high risk items of property.
1. Currency
2. Jewelry
3. Controlled substances
4. Firearms
5. Dangerous weapons
6. Biological evidence
Property Lockers: The inventorying officer shall place items in a pass-through property locker whenever possible. The
locker will then be secured by locking the locker with the key and inserting the key into the slot provided.
When evidence needs processing, the item shall be placed in a “to be processed” locker. An evidence process form shall
be completed and turned in with the report. After approving the report, the patrol supervisor will forward the evidence
process form to the Investigation Division.
The temporary storage lockers shall be used when property is returned to officers or when an officer needs a temporary
storage location to secure evidence.
Property Disposition
Disposition of Property: Property that is not contraband and is received by the police department shall be returned to
its rightful owner. Officers will research the ownership of the property and attempt to notify the owner that the
property is available for return. Property will be released as promptly as practical, but not before the case is completely
adjudicated (unless authorized by the court or prosecutor), any appeal time limits have passed, and all applicable statute
of limitation restrictions has expired. Property room personnel may provide a Property Disposition form to officers to
ascertain the status of the property currently in the custody of the department. It is the responsibility of the
inventorying officer to note on the Property Disposition form the status (hold, return to owner, destroy, etc.) of the
New Berlin Police
Department
Directives Manual
Issue Date:
02/27/15
Next Review Date:
12/31/15
Directive Title:
Control of Evidence and Property
Total Pages:
Page 3 of 4
Directive Number:
11201
WILEAG Standards:
11.2.1, 11.2.2, 11.2.3,
11.2.4, 11.2.5, 11.2.6
property items listed and return it to the property room personnel in a timely manner. The officer shall note the
conviction date, whether a defendant is in custody or on probation/parole, and if the property is likely to contain DNA
evidence.
Property will be retained in accordance with statutory retention periods.
Return of Property: Officers are responsible for property they inventory. The officer’s responsibility doesn’t end until
he/she returns the item to its owner, transfers the item to another investigator or agency, or determines there is not
enough information to locate an owner. The officer shall communicate the property status to the property room
personnel. The property room supervisor can arrange for the return of property to known owners. The owner of the
property may be notified by letter of the procedures for claiming the property. In cases of firearms and valuable
property, certified mail will be used. The owner of property recovered, found, or held for safekeeping will be given 90
days from the date of the letter to arrange for pickup of the property. In cases where a certified letter was sent, the
owner will be given 90 days from the date of receipt to pick up the property. If the owner of the property does not claim
such within the allotted time frame, the property will be disposed of in whatever manner deemed appropriate by the
property room supervisor and in accordance with applicable laws.
Methods of Disposal: The property room supervisor will dispose of unclaimed property in accordance with applicable
federal, state, and local laws. Such disposal may include direct sale, redemption, destruction, recycling, auction,
charitable donation or retention by the police department or other city department for use. Firearms will be turned over
to the State Crime Laboratory as per statute or retained by the police department. Proceeds from the sale of property
will be turned over to the city.
Medication Collection Program: The department maintains a medication drop box in the lobby of the police
department. The medication drop box is secured and monitored by the Police Clerks.
The purpose of the medication drop box is to provide New Berlin citizens with a convenient and safe method for
disposing unwanted, unused, and/or expired medications. New Berlin citizens wishing to dispose of authorized
medications should be directed to the medication drop box. Department personnel should not handle the medications.
Since the program is anonymous, citizens do not have to provide indentifying information.
Officers should not accept medications from citizens while on patrol. Citizens should be directed to the medication drop
box. Additionally, if an officer comes across lost or abandoned medication, the officer shall create a property inventory
report for the items to be destroyed. The drop box should not be used in lieu of completing a report.
The collection and disposal of medication placed in the medication drop box will be in accordance with department
procedures.
New Berlin Police
Department
Directives Manual
Issue Date:
02/27/15
Next Review Date:
12/31/15
Directive Title:
Control of Evidence and Property
Total Pages:
Page 4 of 4
Directive Number:
11201
WILEAG Standards:
11.2.1, 11.2.2, 11.2.3,
11.2.4, 11.2.5, 11.2.6
Record Keeping
Records: Property room personnel will maintain records to ensure that a proper chain of custody is maintained from the
time the property was received until its final disposition. The record shall include, but is not limited to, the storage
location, date/time the property was received or released, to whom the property was released and the property type.
The property room supervisor will maintain a property room inspection log, to include a log of all inspections conducted
of the property room and any reports made of such inspections. The log shall also contain the signed-in names of all
visitors to the property and evidence storage area along with the date, time, and reason for the visit. The inspection log
will be kept inside the property room.
Inspection and Inventory
Random Inspection: The administrative bureau commander or his designee will conduct unannounced inspections of
the property room. The random inspections will be conducted on at least a quarterly basis and noted in the inspection
log.
Bi-Annual Inspection: The property room supervisor and property officer(s) will conduct bi-annual inspections on all
drugs, firearms, money, and jewelry.
New Berlin Police
Department
Directives Manual
Issue Date:
03/10/15
Next Review Date:
12/31/15
Directive Title:
Weapons and Ammunition
Total Pages:
Page 1 of 6
Directive Number:
12101
WILEAG Standards:
12.1.1, 12.1.2,
12.1.3, 12.1.4
Purpose
This directive establishes procedures for safe firearms handling, the use of firearms, reporting procedures when used,
firearms training, and the care and inspection of firearms. Additionally, this directive sets the standards for on and off
duty firearms which officers are authorized to carry as well as approved ammunition.
Policy
It is the policy of the New Berlin Police Department that all sworn officers will show competency in the safe handling and
use of department authorized firearms before being allowed to carry a firearms.
Officers will only carry firearms for duty and/or off-duty use that are approved by the Chief of Police. Before being
allowed to carry any firearm, officers must first demonstrate proficiency with the firearm, as documented by the
Training Division.
Definitions
Primary Service Handgun: The firearm authorized by the department to be carried by officers.
Backup Handgun: Any authorized handgun other than the primary service handgun that is carried in an authorized
concealed manner.
Firearms Qualification: Periodic testing required of officers to determine their competency to carry authorized firearms.
Authorized Firearms – On and Off Duty
Each officer shall be armed with an approved firearm while on duty. Officers undergoing training, who are not state
certified, shall not be armed at any time other than that required during training. Officers on undercover or other
special assignments may be unarmed when necessary and appropriate.
Authorized Primary Service Handguns: The authorized primary service handguns are:
1. Glock model 17
2. Glock model 22
3. Glock model 21
4. Glock model 27
5. Sig Sauer model P226
6. Sig Sauer model P227
7. Sig Sauer model P220
8. Sig Sauer model P229
New Berlin Police
Department
Directives Manual
Issue Date:
03/10/15
Next Review Date:
12/31/15
Directive Title:
Weapons and Ammunition
Total Pages:
Page 2 of 6
Directive Number:
12101
WILEAG Standards:
12.1.1, 12.1.2,
12.1.3, 12.1.4
An officer may carry a handgun that is personally owned when on or off duty or on a plainclothes assignment providing
that the following conditions are met:
1. The handgun has been approved by the Chief of Police for on duty use, off duty use, or both.
2. The officer has demonstrated proficiency with the handgun at department authorized firearms training.
Officers requesting to carry a personally owned handgun on duty will:
1. Request permission from the Chief of Police to carry the personally owned handgun in writing through his/her
chain of command.
2. Submit the personally owned handgun to the department Lead Armorer for an inspection to ensure that the
handgun is safe for use.
The department will issue holsters and ammunition for city-owned firearms. Officers electing to carry a personally
owned, approved firearm shall furnish the holster and support equipment for the firearm at no cost to the department.
The holster will be a holster that is approved by the department for duty use. The department will provide ammunition
for 9mm, .40 S&W, and .45 ACP caliber personally owned firearms.
Backup Handgun: Officers may choose to carry a backup handgun. Officers electing to carry a backup handgun must
provide a personally owned handgun, approved by the Chief of Police, to serve as their backup. Officers choosing to
carry a backup handgun will carry the handgun in a holster approved by the Chief of Police or his/her designee. The
officer will be responsible for providing the holster to carry the backup handgun in a concealed manner. The department
will provide ammunition for backup handguns in 9mm, .40 S&W and .45 ACP. The officer will be responsible for
providing approved ammunition for a backup handgun of a different caliber.
Officers wishing to carry a backup handgun will:
1. Request permission from the Chief of Police to carry the backup handgun, in writing, through his/her chain of
command.
2. Submit the backup handgun to the department Lead Armorer for an inspection to ensure that the handgun is
safe for use.
3. Submit the holster of choice to the Training Division Commander for approval.
Once approved for use, an officer may not modify his/her backup handgun from its factory original condition.
Off duty Handgun: Officers may, but are not required to, carry a handgun while off duty. Prior to carrying a handgun off
duty, officers must obtain approval from the Chief of Police or his/her designee. Once approved for off duty use, an
officer may not modify his/her off duty handgun from its factory original condition. When armed off duty, officers shall
carry their badge and department identification with them.
Authorized Rifles: Rifles authorized for use include:
1. Patrol Rifle:
a. DPMS P-CAR .223 caliber rifle with 16” barrel
b. Adams Arms AAPA-11.5-C-TEVO-556 5.56mm caliber rifle with 11.5” barrel
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
03/10/15
Next Review Date:
12/31/15
Weapons and Ammunition
Total Pages:
Page 3 of 6
Directive Number:
12101
WILEAG Standards:
12.1.1, 12.1.2,
12.1.3, 12.1.4
2. Sniper Rifle:
a. Custom Remington 700 bolt action, .308 caliber with scope and bipod.
3. Nuisance abatement Rifle:
a. Savage Model 4C Deluxe, .22 LR caliber
b. Savage Model 24 S-E, .22 LR/.410 gauge shotgun
Authorized Shotguns:
1. Lethal: Remington model 870 12 gauge, pump action shotgun.
2. Less Lethal: Remington model 870 12 gauge, pump action shotgun with orange stock and forearm.
Authorized Less Lethal Launchers:
1. Def Tec #1325 40mm launcher
2. Penn Arms PGL65 40mm launcher
Authorized Sub-machine guns:
1. Heckler and Koch MP-5
Firearms Safety
Officers will not carry a firearm when on or off duty if they are mentally or physically impaired. Officers will report to
their immediate supervisor any use of prescription drugs or other medication or any physical ailment or injury that they
reasonably believe could impair their ability or judgment to use a firearm.
Officers are responsible for the safe storage of their duty weapon and any other personally owned firearms when not in
their personal possession. Firearms may be safely stored by using trigger locks, safes, gunlock boxes, or other means.
Firearms should not be stored in patrol or personally owned vehicles except for temporary storage.
Removal of firearms from their holster or other carrying devices for other than authorized purposes—such as tactical
use, training and qualification, inspection, or cleaning and maintenance—is prohibited. Any careless or flippant use or
display of a firearm shall constitute grounds for discipline.
Approved Ammunition for Service and Training
Approved service ammunition for all firearms will be factory loaded cartridges. Handguns will be carried with a round in
the chamber and a full magazine. Handgun and rifle ammunition shall be replaced with new issue biennially at which
time old ammunition shall be used for training purposes.
Authorized handgun ammunition will be:
1. Federal P9HST2, 147gr 9mm
2. Black Hills D40N620 140gr Barnes TAC-XP .40 S&W
3. Black Hills D45N720 185gr Barnes TAC-XP .45 ACP
New Berlin Police
Department
Directives Manual
Issue Date:
03/10/15
Next Review Date:
12/31/15
Directive Title:
Weapons and Ammunition
Total Pages:
Page 4 of 6
Directive Number:
12101
WILEAG Standards:
12.1.1, 12.1.2,
12.1.3, 12.1.4
Authorized rifle ammunition will be:
1. Patrol Rifle
a. Black Hills D556N9 77gr Sierra Open Tip Match .223
2. Sniper Rifle
a. Hornady #80965 168gr A-Max TAP Precision
3. Nuisance Abatement Rifle
a. Remington SP410-6 2 ½” ½ oz #6 birdshot
b. Remington SP410RS 2 ½” 1/5 oz rifled slug
c. Winchester Super-X SX22LR .22 LR 40gr.
Authorized shotgun ammunition will be:
1. Lethal shotgun
a. Federal Tactical Buckshot LE127 00 9 pellet OO Buck
b. Federal Tactical Rifled Slug LE 127 RS 1 ounce Hyrda-Shok HP 2 ¾ slug.
2. Less Lethal shotgun
a. Def Tec #3027 Drag Stabilized 12 gauge
Authorized 40mm Less Lethal ammunition will be:
1. Def Tec model 6325 eXact iMpact 40mm sponge round
Authorized Training Ammunition: Training ammunition will be factory loaded ammunition in the appropriate caliber for
the weapon being fired. Training ammunition will be of a reputable brand that is available for purchase.
Firearms Training
The purpose of this section is to establish an evaluation process for firearms training and proficiency. As a base to
protect the individual officer and the department from suit for negligent use of firearms it is essential that the
department establish and maintain training in the safe and proper use of firearms, and that officers be required to
demonstrate proficiency in the use of firearms. Failure to demonstrate acceptable proficiency with firearms could be a
cause for action against an officer under directive 1202, rule 1202.11.
Firearms Evaluation: The demonstration of physical skills competencies is a key element of firearms training. The
evaluation of skills competencies is accomplished by measuring the officer’s ability to perform the skills learned and, as
applicable, practiced and demonstrated in range exercises.
1. Firearms Skills Evaluation Form: Demonstration of skills competencies for each officer will be recorded on a
form entitled “Firearms Skills Evaluation Form.”
2. Remedial training: Officers may need remedial training in one or several skill competencies in order to be
rated ACCEPTABLE. Officer unable to demonstrate an ACCEPTABLE level of performance shall receive remedial
training immediately during the training session. If the officer’s performance is still unacceptable after the
remedial training, the instructor will refer the officer to the Training Division for additional training and
evaluation.
New Berlin Police
Department
Directives Manual
Issue Date:
03/10/15
3.
Next Review Date:
12/31/15
Directive Title:
Weapons and Ammunition
Total Pages:
Page 5 of 6
Directive Number:
12101
WILEAG Standards:
12.1.1, 12.1.2,
12.1.3, 12.1.4
Evaluation Form Retention: Completed “Firearms Skills Evaluation Forms” will be retained by the Training
Division.
The Training Division will be responsible for determining the content and method of instruction for firearms training.
The scheduling of Department firearms training will be coordinated by the Training Division. Only LESB certified Firearms
Instructors will conduct firearms training. At least once a year, department members will be required to qualify with
their primary service handgun. The Training Division will also ensure that officers that carry a backup handgun and an off
duty handgun train with those weapons at least once a year. In addition, the Training Division will ensure that all
qualified officers receive annual training in the use of Less Lethal weapons and techniques.
Care of Firearms
Each officer is solely responsible for the care and condition of his or her issued sidearm and squad rifle while on duty.
Disassembly is limited to “field stripping” as specified in the owner’s manual. No other disassembly or adjustment of
department firearms is permitted. Cleaning or functioning problems are to be directed to a department armorer.
Firearms carried in squad cars shall be removed from each vehicle and thoroughly inspected for cleanliness and
functioning during the assigned weekly equipment inspection of the squad. The officer conducting the inspection will
perform normal field cleaning of each firearm and return it to the vehicle. Any deficiencies noted will be reported to a
department armorer.
The officer who fires a squad firearm or special firearm is responsible for cleaning the firearm.
Prior to returning any firearm to service from on-duty use, or from a firearms training session, the officer using the
firearm will:
1. Thoroughly clean and lubricate the firearm.
2. Visually inspect the firearm for any defects or function problems.
3. Return the firearm to its assigned location in ready status.
Armorer Inspection and Maintenance
A department armorer will disassemble, clean and inspect the interior mechanism, make needed repairs and reassemble all department firearms on an annual basis. All work performed, including cleaning, will be noted in the
department Firearms Database maintained by the Lead Armorer.
Officers noting malfunctions with a firearm at any time will indicate in writing on a department Repair Order the officer’s
name, the serial number and model number of the firearm, and as complete a description of the problem as possible.
The disabled firearm and the Repair Order are to be turned over to a shift supervisor who will secure the firearm until it
can be delivered to an armorer for service.
New Berlin Police
Department
Directives Manual
Issue Date:
03/10/15
Next Review Date:
12/31/15
Directive Title:
Weapons and Ammunition
Total Pages:
Page 6 of 6
Directive Number:
12101
WILEAG Standards:
12.1.1, 12.1.2,
12.1.3, 12.1.4
Use of the Police Range Facility
The following rules apply to police department personnel who use the range facility at times other than regularly
scheduled training sessions:
1. Use of the range facility is limited to police department personnel and retired NBPD officers. Retired officers
must get prior approval from the Chief of Police
2. Use of the range is restricted to the hours of 7:00 A.M. to 7:00P.M., unless as part of a departmental training
session. The range shall not be used on Saturday, Sunday or holidays without prior approval of the Chief.
3. Department personnel shall notify the shift supervisor and WCC prior to using the range. Personnel will also
notify the shift supervisor and WCC once they have finished using the range.
4. Employees using the range must have either a portable police radio or a cellular phone for use in the event of an
emergency.
5. At least two persons must be present when the range is used. No one shall fire alone.
6. During the quarry operations business hours, personnel will check in at the office and advise operators that they
will be using the range.
New Berlin Police
Department
Directives Manual
Issue Date:
03/11/15
Next Review Date:
12/31/15
Directive Title:
Employee Training and Records
Total Pages:
Page 1 of 3
Directive Number:
12201
WILEAG Standards:
12.2.1, 12.2.2, 12.2.3,
12.2.5, 12.2.6, 12.2.7,
12.2.8, 12.2.9
Purpose
This directive establishes the department’s strong support for the training and development of employees. In addition,
this directive establishes guidelines for recruit training, civilian employee orientation, annual training for all sworn
officers, remedial training, specialty training and maintenance of training records.
Policy
It is the policy of the department to develop, support and advance the skills, knowledge and abilities of its personnel
through the training function. It is the ultimate goal of training to prepare department personnel to act decisively and
correctly over a broad spectrum of situations and to work with greater productivity, effectiveness and officer safety.
Recruit Training
All sworn officers will complete the Wisconsin law enforcement officer recruit training program or the Wisconsin
Department of Justice, Training and Standards Bureau Reciprocity Examination prior to assignment in any capacity in
which the officer is allowed to carry a firearm, enforce any laws or make an arrest.
Employee Orientation
The Training Division is responsible for ensuring that all newly hired employees receive an orientation to the City and the
Department. Employees will receive orientation to the City from the Human Resources Division and the Training Division
will provide orientation to the department.
Human Resources: Newly hired employees will receive:
1. Employee handbook
2. Information relating to benefits and salary
3. Review of city policies and procedures.
Training Division: Newly hired employees will receive:
1. Review of department policies and procedures
2. Equipment necessary for their position
3. Review of Oath of Honor and department mission statement.
Newly hired civilian personnel will then receive training for their respective positions.
Newly hired sworn officers will either enter into recruit training or the Field Training Program.
Annual Training for Sworn Officers
In accordance with Wisconsin State Statute 165.85(4)(a)7.a, all sworn officers will complete at least 24 hours of annual
re-certification training. Any officer that does not complete 24 hours of re-certification training may be de-certified by
New Berlin Police
Department
Directives Manual
Issue Date:
03/11/15
Next Review Date:
12/31/15
Directive Title:
Employee Training and Records
Total Pages:
Page 2 of 3
Directive Number:
12201
WILEAG Standards:
12.2.1, 12.2.2, 12.2.3,
12.2.5, 12.2.6, 12.2.7,
12.2.8, 12.2.9
the Wisconsin Training and Standards Bureau. Officers that are de-certified may be subject to termination from the
department.
To ensure that officers receive the mandated 24 hours of re-certification training, the department will send all officers to
In-service training. In addition, officers are encouraged to apply for training to enhance their skills and improve their
knowledge of case law, technology, defense and arrest tactics, firearms skills and other skills relevant to their interests in
law enforcement.
Roll Call Training: The Training Division will provide Roll Call training on topics such as new laws, directives/policies, new
equipment, etc. Roll Call training will also be utilized to enhance physical skills relating to defense and arrest tactics and
firearms skills.
The Training Division will provide monthly training to officers relating to firearms skills and defense and arrest tactics.
The Training Division Commander will decide what topics to present each month. The Training Division will review the
department’s Use of Force directive, 5101, at least annually with personnel.
Remedial Training
The department recognizes that some employees may require remedial training to improve their skills or knowledge in
areas they are deficient. The deficiency may be identified by:
1. Performance evaluations
2. Evaluations during field training
3. Observations by, or reported to, a supervisor during routine duties
4. The employee’s understanding that he/she is not sufficiently skilled in a particular area.
Remedial training may also be required for an employee who has been absent from his/her position for an extended
period of time. The extent and level of training required will be evaluated by the employee’s Shift/Division Commander
on a case by case basis.
It is important for all involved employees to understand that remedial training is not a punitive measure. It is a means by
which an employee is given the opportunity to improve and bring his/her performance to an acceptable level.
Remedial training will be coordinated through the Training Division. Upon the recommendation/approval of the
Shift/Division Commander, the Training Division will coordinate the scheduling of remedial training for employees who:
1. Consistently demonstrate a lack of skill, knowledge or ability in the performance of job related skills
2. Have been disciplined for conduct which can be corrected through remedial training
3. Have been placed on a Performance Improvement Plan.
Employees required to attend remedial training will be informed of the reason for the need for remedial training and the
date, time and location of the training. Remedial training will be conducted as soon as practically possible after the need
for training has been identified. If the need for the remedial training presents a serious concern for the safety of the
New Berlin Police
Department
Directives Manual
Issue Date:
03/11/15
Next Review Date:
12/31/15
Directive Title:
Employee Training and Records
Total Pages:
Page 3 of 3
Directive Number:
12201
WILEAG Standards:
12.2.1, 12.2.2, 12.2.3,
12.2.5, 12.2.6, 12.2.7,
12.2.8, 12.2.9
employee or others, the Shift/Division Commander, in consultation with the Chief of Police, will consider the duty status
of the employee until the remedial training can be accomplished.
Failure to participate or respond to remedial training may result in a recommendation for disciplinary action.
Specialty Training
The department will provide training to officers that are involved in specialty work/assignments. Officers engaging in
specialty work should receive training in the specialty before performing the work; however, “on the job” training may
also be utilized. Examples of specialty training include, but are not limited to:
1. SWAT
2. Hostage Negotiator
3. Accident Investigation
4. Fire Investigation
5. Crime Scene Processor
6. DARE
7. Field Training Officer
8. Tactical Instructor
9. Armorer
10. Bicycle
11. Motorcycle
12. Less Lethal
13. Photography
14. Language
Officers will request to attend training in accordance with department procedures.
Training Records
The Training Division will maintain records of all training that employees have attended. In addition, the Training
Division will maintain records of all training that the department has sponsored or presented. For department sponsored
or presented training, the records will include:
1. Course/training title
2. Training outline
3. Names of officers attending
New Berlin Police
Department
Directives Manual
Issue Date:
03/13/15
Next Review Date:
12/31/15
Directive Title:
Field Training Program
Total Pages:
Page 1 of 3
Directive Number:
12202
WILEAG Standards:
12.2.4
Purpose
This directive establishes the department’s field training program. In addition, this directive provides guidance on the
scheduling and evaluation of probationary officers that have been released from the field training program.
Policy
It is the policy of the department that all newly hired officers will satisfactorily complete all phases of the field training
program before being assigned to any capacity in which the officer is allowed to carry a firearm or make an arrest.
Furthermore, it is the policy of the department to evaluate the performance of probationary officers at least once every
quarter.
Responsibilities
The Training Division Commander is responsible for:
1. Direct supervision of all officers assigned to the Recruit Academy.
2. Administration of the Field Training Program.
3. Maintaining all records pertaining to the probationary officer’s development, including Daily Observation
Reports.
4. Direct supervision of all field training officers (FTO)
5. Ensure all FTOs receive the proper training before serving as an FTO.
6. Schedule probationary officers and field training officer assignments
7. Assign a field training supervisor for each shift that the probationary officer is assigned to.
Field Training Program
Upon the successful completion of the Recruit Academy, probationary officers will begin the Field Training Program. The
Field Training Program will normally consist of 16 weeks of training. During that time, the probationary officer will be
assigned to each patrol shift and a minimum of 3 different FTOs.
The Field Training Program consists of a number of different modules designed to develop the probationary officer’s
skills, knowledge and ability in a number of critical topics.
Selection of Field Training Officers: The Training Division is responsible for coordinating the selection and training of
Field Training Officers. Current officers wishing to be considered as Field Training Officers will:
1. Have a minimum of 3 years of service with the New Berlin Police Department.
2. Submit, in writing to the Training Division Commander, their request to be assigned as an FTO. Officers should
include their qualifications and reasons why they would like to be an FTO.
3. Have positive performance evaluations.
4. Have average to above average activity for the shift he/she works.
5. Have strong officer safety skills.
6. Have good one on one communication skills.
New Berlin Police
Department
Directives Manual
Issue Date:
03/13/15
Next Review Date:
12/31/15
Directive Title:
Field Training Program
Total Pages:
Page 2 of 3
Directive Number:
12202
WILEAG Standards:
12.2.4
The Training Division Commander will solicit input from the supervisors of the officers requesting to serve as an FTO.
New FTOs will be selected based on a combination of their qualifications, enthusiasm and interest in serving as an FTO
and supervisory input. All selections of new FTOs will be contingent upon the approval of the Chief of Police. All officers
chosen to serve as FTOs will attend a field training officer school before being assigned as an FTO. The Training Division
will also ensure that FTOs receive periodic updates on advances in the Field Training Program and training methods.
Administration of the Field Training Program: The Training Division Commander will assign the probationary officer to
an FTO on each shift the probationary officer is assigned to. During the time the probationary officer is in the field
training program, he/she will be under the direct supervision of the FTO. The probationary officer will not be assigned to
a task without his/her assigned FTO.
The probationary officer will be assigned to each patrol shift for approximately 4 weeks. After successfully completing
the first three phases of the field training program, the probationary officer will be assigned to the “shadowing phase”.
The probationary officer will “shadow” on each shift. During this phase of the training, the FTO will give the probationary
officer more autonomy to assess the need for further training. During each phase of the Field Training Program, the
probationary officer will be assigned to the same off group as the FTO. In the event that the assigned FTO is not able to
work, the shift FTO supervisor will assign the probationary officer to another FTO.
Prior to training with a new FTO, the Training Division Commander, shift FTO supervisor, out-going FTO and in-coming
FTO will meet to discuss the progress of the probationary officer.
The shift FTO supervisor will directly supervise the FTO and the probationary officer. The shift FTO supervisor will meet
with the assigned FTO at the end of each week to discuss and review the progress of the probationary officer.
Responsibilities of the FTO: The FTO is responsible for:
1. Training the probationary officer on the individual modules in the Field Training Program for the current phase
of instruction.
2. Serving as a role model for the probationary officer in their interactions within the department and with
members of the community.
3. Providing the probationary officer with training on the department directives and procedures.
4. Completing a Daily Observation Report for each day the probationary officer trains with him/her.
Field Training Evaluations: The FTO will complete a Daily Observation Report (DOR) for each day that he/she trains with
a probationary officer. The FTO will complete the DOR in accordance with training provide by the Training Division.
The FTO will submit the DOR and any supporting documentation to the shift FTO supervisor for review. The shift FTO
supervisor will submit the DOR to the Training Division for inclusion in the probationary officers training file.
Release from Field Training Program: After a probationary officer has completed all of the field training modules and
has proven that he/she has the ability to function autonomously, the Training Division Commander will recommend to
the Chief of Police that the probationary officer be released from the Field Training Program. A probationary officer that
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
03/13/15
Next Review Date:
12/31/15
Field Training Program
Total Pages:
Page 3 of 3
Directive Number:
12202
WILEAG Standards:
12.2.4
is released from the field training program will be assigned to a patrol shift. The probationary officer will not count
toward the shift minimum until a determination is made by the Shift Commander.
In the event a probationary officer is not released from the Field Training Program, the Training Division Commander will
determine how long to extend the probationary officer’s training.
Probationary Officer Scheduling and Evaluation
The department is committed to the continued training and development of a probationary officer that has been
released from the Field Training Program. To ensure the probationary officer’s success, the Training Division Commander
will alternately assign the probationary officer to the off group of several of the shift supervisors on the shifts the
probationary officer is assigned to. On a weekly basis, the assigned supervisor will examine the performance of the
probationary officer, correcting any deficiencies that are noted. The assigned supervisor will complete a performance
evaluation of the probationary officer by the date established by the Training Division Commander.
Before the probationary officer transitions to the off group of another supervisor, or transitions to another shift, the
assigned supervisors, the Training Division Commander and the affected Shift Commanders will meet to review the
performance of the probationary officer.
New Berlin Police
Department
Directives Manual
Issue Date:
03/13/15
Next Review Date:
12/31/15
Directive Title:
Career Development and Mentoring
Total Pages:
Page 1 of 4
Directive Number:
12203
WILEAG Standards:
12.2.6
Purpose
Career development encourages the development of the skills, knowledge, and abilities (SKA) necessary for an officer's
current assignment, a desired assignment, a promotion, or a selected career path. Through personal growth and
achievement, career development can enhance the level of individual job satisfaction and performance.
Policy
The ability of the department to meet current and long-range goals and objectives in an efficient and effective manner is
largely dependent upon the level of skill, knowledge and ability (SKA) members bring to their individual assignments,
duties and responsibilities. Therefore, it is the policy of the department to provide mentoring, training and professional
development opportunities and assistance to members in choosing, preparing, entering and progressing in department
job assignments and job specialties.
Objectives
The department’s career development program is intended to guide officers in the pursuit of their personal goals and
objectives and to provide the department with a versatile and well-trained work force. The fact that an officer does not
aspire to a supervisory position does not in any way limit his/her value to the department. The career development
program is directed at actual job performance, with the objective of aiding an employee to reach the highest level of
SKA possible in the chosen area of expertise. In addition, the program has the following specific objectives:
1. To inventory the SKA of each officer relative to present and future job assignments
2. To maintain a file of SKA inventories for each officer, to be updated annually
3. To identify training needs
4. To identify possible candidates for promotion or job reassignment by comparing the SKA of officers to those
required by the new position
5. To provide career mentoring to all officers on an annual basis.
Responsibilities
The Training Division is responsible for administering the career development program. The Training Division
Commander will maintain the NBPD Career Development Questionnaire for each employee. In addition, the Training
Division will track the progress of employee training against the NBPD Career Development Chart, which indicates the
type of training an officer will typically receive. The NBPD Career Development Chart is not a guarantee that officers will
receive the training listed; however, it is a profile of the type of training most officers should receive.
All supervisors are responsible for assisting employees in identifying strengths, weaknesses, skills and interests by
maintaining open, effective communication and offering ongoing encouragement. Prior to conducting a performance
evaluation meeting, supervisors will ensure that employees complete the NBPD Career Development Questionnaire,
which will then be forwarded to the Training Division.
New Berlin Police
Department
Directives Manual
Issue Date:
03/13/15
Next Review Date:
12/31/15
Directive Title:
Career Development and Mentoring
Total Pages:
Page 2 of 4
Directive Number:
12203
WILEAG Standards:
12.2.6
Career Development Program
During an officer’s performance evaluation meeting, the supervisor will also conduct a career mentoring session with
the officer. The mentoring session is intended to help the officer formulate and maintain a career development plan.
The career mentoring session also enables the department to update the officer’s SKA file based on his/her training and
achievements throughout the previous year.
The career mentoring session should facilitate:
1. The officer making an informed decision on an appropriate career path, with decisions based on both the skills
and desire of the officer, as well as the long-term needs of the department.
2. The officer preparing him/herself for positions of greater responsibility.
3. Guiding an officer through an assessment of his/her career goals and identifying steps to achieve those goals.
4. Identifying a career track that the officer is likely to follow.
Career tracks will generally fall into one of the following categories:
1. Patrol specialist.
• Designed for officers who want to further develop the SKA’s needed in patrol work.
2. Supervisory
• Designed for those officers who qualify for, and desire supervisory positions.
3. Investigative
• Designed for officers who want to develop the SKA’s needed to work in the Investigation Division.
4. Specialty assignments (SCIT, AIU, FIU, Metro/DEA)
• Designed for officers who want to develop the SKA’s needed for assignment to a specialty function.
After an officer has identified a career track, the Training Division will assist the officer in developing a training program
designed to help the officer develop the SKA’s needed for the chosen career track.
Officers that chose Supervisory, Investigative, or Specialty assignment career tracks will receive training specific to that
career track upon assignment to those positions.
Supervisory training can include:
1. Leadership in Police Organizations (LPO).
2. Supervision of Police Personnel (NUCPS).
3. School of Police Staff and Command (NUCPS).
4. FBI Law Enforcement Executive Development Course.
5. WI Command College.
6. FBI National Academy.
Investigative training can include:
1. Basic Investigator Academy (Northcentral Technical College)
2. Evidence Technician Training (WI Crime Lab)
New Berlin Police
Department
Directives Manual
Issue Date:
03/13/15
Next Review Date:
12/31/15
Directive Title:
Career Development and Mentoring
Total Pages:
Page 3 of 4
Directive Number:
12203
WILEAG Standards:
12.2.6
Specialty assignment training will consist of the type of training necessary to bring an officer to a proficient skill level in
the specialty chosen. Officers should receive training before conducting any specialty work, however, “on the job”
training may also be utilized.
Mentoring
Mentoring is a career development method whereby a less experienced officer is paired with a more experienced
colleague for guidance after the completion of the FTO program.
After a new officer completes the FTO program, he/she will be provided with a list of officers who are mentors. The new
officer will select a mentor to assist them while in the probationary phase of employment.
Mentors will primarily be responsible for providing guidance to a new officer on many different facets of the law
enforcement profession. Communication between the mentor and his/her protégée is confidential. In the event the
protégée provides information to the mentor that leads the mentor to believe that the protégée has violated a
department rule or state law, the mentor is obligated to inform a supervisor.
Mentor Selection: Mentors must be individuals who have a strong desire to participate in the mentoring process and are
recognized by their peers as role models. Mentors will serve on a voluntary basis, without compensation.
Volunteer mentors may be selected from any division of the police department. Mentors will be sworn, non-supervisory
personnel who have at least five years of experience. Mentors for civilian employees shall be nonsupervisory civilian
employees with at least one year's experience with the department. Additional qualifications of the mentors are:
• Ability to communicate
• Demonstrated job knowledge
• Interest in the mentoring process and professional growth
• Knowledge of department directives and procedures
• Good attendance and discipline record
• Ability to assume responsibility
• Organizational loyalty
• Flexibility
• Completion of the mentoring new employees training course
Officers wishing to serve as a mentor should submit their desire in writing through their chain of command. The Training
Division will provide input on the mentor candidates with the Chief of Police making the final choice.
Mentor Duties: After a probationary officer has selected a mentor, the mentor will set up a meeting with the new
protégée. The mentor and protégée will agree to a meeting schedule that is mutually beneficial. During the protégée’s
probationary period, the mentor and protégée will meet as frequently as the protégée feels necessary. Supervisors
should be cognizant of the mentor/protégée relationship and allow time for meetings on duty.
New Berlin Police
Department
Directives Manual
Issue Date:
03/13/15
Next Review Date:
12/31/15
Directive Title:
Career Development and Mentoring
Total Pages:
Page 4 of 4
Directive Number:
12203
The mentor and protégée will follow department procedures [link] when meeting.
WILEAG Standards:
12.2.6
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
03/30/15
Next Review Date:
12/31/15
All-hazard Plan
Total Pages:
Page 1 of 5
Directive Number:
13101
WILEAG Standards:
13.1.1. 13.2.3
Purpose
This directive establishes guidelines for officers responding to civil disturbances, mass arrest situations, bomb threats,
hostage/barricaded person situations, acts of terrorism and other unusual incidents or natural disasters.
Policy
It is the policy of the department to respond to emergency situations and render assistance as needed. The New Berlin
Public School District (NBPS) has provided a portable radio to the department for use during any critical incident that
occurs on school district property. The NBPS portable radio will be used in accordance with department procedures.
NIMS and ICS
The department utilizes the National Incident Management System (NIMS) as the basis for incident management of all
hazards in the city. The Incident Command System (ICS), a component of the National Incident Management System
(NIMS), will be used to manage all hazards in accordance with directive 13201.
Annual Training
On an annual basis, the Training Division will conduct training on the various aspects of this All-hazard directive for
department personnel. The training can consist of Roll Call training, tabletop exercises or actual exercises.
Civil Disturbances
Citizens have a right to assemble peacefully and express themselves in public gatherings. The department is obligated to
protect every citizen in his/her right to assemble and to be heard. The department’s goal is to assure the public peace
and order.
Citizens must be advised of the applicable local ordinances regarding the use of city streets and public premises. In
addition, citizens will be advised their compliance with our instructions will assist us in providing for their safety.
The first officer encountering a public gathering of citizens outdoors will identify themselves to the group, seek out the
group chairman or spokesman and ask the purpose of the gathering. The officer will then give the following instructions:
1. The City of New Berlin requires a permit for public assemblies in a park or parkway and also requires parade
permits. New Berlin also has two ordinances that are applicable to all public gatherings. The first requires that
no public address system or other sound amplifying devices are permitted without prior permission of the Chief
of Police. (152-9) The second requirement is that each individual conduct himself/herself in a proper manner
and not use profane, obscene, or insulting or abusive language, or create any type of disturbance tending to
disturb the peace and good order. (188-1)
2. Should the gathering be in an area that lacks sidewalks and has relatively narrow roadways that offer little in the
way of adequate public outdoor assembly, the citizens should be requested to hold their assembly in one of our
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
03/30/15
Next Review Date:
12/31/15
All-hazard Plan
Total Pages:
Page 2 of 5
Directive Number:
13101
WILEAG Standards:
13.1.1. 13.2.3
public parks. The nearest public park will be identified, along with route directions. Should the group choose to
move their demonstration to a public park, officers will provide an escort for those who chose to walk.
When any ongoing demonstration is orderly and peaceful, no other law enforcement agency needs to be summoned. If
conditions deteriorate to the point where officers cannot assure the proper protection for citizens, then a call for
assistance will be placed in accordance with the “Suburban Mutual Assistance Response Team” directive 1602.
Labor Strikes
It is the policy of the department to equally represent every person in the city. Officers will remain neutral regarding
labor disputes between labor and management for any enterprise in New Berlin. It is imperative that law enforcement
neutrality be evidenced in every word and act when in contact with either side of the dispute.
When information is received indicating that a strike is in progress at a specific location, the supervisor will respond to
the scene of the strike. He will seek out the senior person in charge from the labor group and the senior person in
charge from the management group. Both representatives of labor and management will be given a copy of the Labor
Strike Information sheet, and asked that they cooperate with those provisions during the strike.
Mass Arrests
In the event of a critical incident that requires mass arrests, the department will utilize the Incident Command System
and establish a command post. The command post should be established in an area that is sufficiently far away from any
disturbance to allow for the safety of command post personnel. The incident commander will be responsible for
providing security at the scene of the mass arrest and ensuring that EMS or first responders are available to evaluate any
injuries or persons requiring medical treatment.
Mutual aide with neighboring jurisdictions, along with a SMART response when appropriate, will be utilized to allow for
adequate support. The first agency to be requested should be the Waukesha County Sheriff's Department due to their
maintaining the county jail.
In situations involving mass arrests:
1. All prisoners shall be thoroughly searched and secured with handcuffs or flex cuffs behind the back.
2. The department prisoner van will be brought to the Command Post.
3. Upon arrest, prisoners will be brought to the Command Post for processing:
a. Personal information, charges, arresting officer, time and location of arrest should be documented.
b. Evidence should be labeled and temporarily held until it can be transported to the department for
processing.
c. The department prisoner van will be used to transport prisoners from the Command Post directly to the
Waukesha County Jail for complete booking. The Incident Commander, or his/her designee, will
coordinate with the jail to obtain booking information for department records.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
03/30/15
Next Review Date:
12/31/15
All-hazard Plan
Total Pages:
Page 3 of 5
Directive Number:
13101
WILEAG Standards:
13.1.1. 13.2.3
Bomb Threats
Whenever a report of a bomb, or a threat that a bomb has been placed in a building, is received, officers will respond to
provide assistance.
Initially, two squads and a supervisor will be dispatched to a report of a bomb, or a threat that a bomb has been placed
in a building. Additional units can be assigned if requested. Unless a device has already been detonated, squads will not
respond as an emergency vehicle. Responding officers should not use cell or radio transmissions within a threatened
building, or within 300 feet of the building.
The investigating officer should attempt to contact the individual that received the threat to obtain the following
information:
1. Whether previous threats have been received.
2. Possible motives and/or suspects.
3. Vulnerabilities of equipment and personnel.
4. Exploration of any basic information provided to WCC.
If a suspected device has been located or detonated, officers should establish a minimum perimeter in accordance with
the Department of Homeland Security Bomb Threat Stand-off Chart.
Searching for Explosive Devices: If an explosive device is alleged to be within a building but has not been located, the
supervisor will contact building owners/management or other responsible persons to determine if a search of the facility
are desired.
The decision to search, evacuate or reenter a structure/location during a bomb threat will be the responsibility of the
individual in charge of the property.
1. The supervisor at the scene should provide information to the responsible parties in order to assist them in
making decisions on searching, evacuation or reentry.
2. If management or the responsible agent does not wish that a search be conducted, no further actions by officers
are necessary. The investigating officer will prepare a report documenting all of the information that has been
gathered.
3. In cases where a real or suspected device has been located, the supervisor will coordinate evacuation of the
building, regardless of the desires of building management.
Supervisors should consider the following when considering whether or not to conduct a search of a target building:
1. Searches of target buildings should be conducted only after gathering necessary information about the layout
and contents of the building from employees or others with direct knowledge.
2. The supervisor will request the assistance of a bomb detection canine from the Milwaukee County Sheriff’s
Office and/or bomb disposal personnel from the Milwaukee Police Department in order to assist in conducting
the search.
3. A search plan shall be developed identifying the extent of the search depending upon the type of establishment,
the motivation of the perpetrator and accessibility of the building.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
03/30/15
Next Review Date:
12/31/15
All-hazard Plan
Total Pages:
Page 4 of 5
Directive Number:
13101
WILEAG Standards:
13.1.1. 13.2.3
Located Explosive Devices: In the event a real or suspicious device has been located, the supervisor will telephone the
Milwaukee Police Department and request their Explosive Ordinance Disposal Unit be sent to the scene. If the building
the device has been located in has not yet been evacuated, the supervisor will coordinate the evacuation of the building.
Hostage/Barricaded Person situations
Incidents in which a person is being held against their will, or in which a person has barricaded themselves in a residence
and is threatening harm to themselves or others, can develop rapidly. The safe resolution of these types of incidents
requires a coordinated police response.
Patrol Responsibilities: The initial responding officers will not take any tactical action unless necessary to save a
person’s life. The initial responding officers should:
1. Establish proper containment on the situation. An inner and outer perimeter should be established.
2. The supervisor will initiate a Level 3 SCIT call out, providing the following information:
a. Nature of the incident
b. Location of the incident
c. Safe approach route
d. Staging area.
3. The supervisor should consider calling in off duty personnel to ensure adequate staffing levels for other police
calls for service.
SCIT Responsibilities: The Suburban Critical Incident Team will respond and will handle the hostage/barricaded person
situation according to SCIT Operational Procedures.
Acts of Terrorism
An act of terrorism can take many different forms. Officers will respond to an act of terrorism as they would for any
other emergency listed in this directive.
Unusual Incidents/Natural Disasters
Officers dispatched to an unusual incident or natural disaster will have numerous responsibilities:
Patrol:
1. Observe and evaluate the nature and scope of the disaster.
2. Provide an appraisal of the disaster to WCC, other officers and supervisor(s).
3. Evaluate and begin to establish appropriate control measures for the incident.
Supervisor:
1. Assume command of the incident and establish ICS.
2. Establish an inner perimeter to control and contain the incident.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
03/30/15
3.
4.
5.
6.
Next Review Date:
12/31/15
All-hazard Plan
Total Pages:
Page 5 of 5
Directive Number:
13101
WILEAG Standards:
13.1.1. 13.2.3
a. Perimeter control shall be maintained and a situation map detailing key locations shall be established for all
involved personnel.
b. Bystanders and non-involved groups shall be directed to leave.
c. Only authorized emergency personnel/vehicles shall be permitted to enter.
Establish an outer perimeter for crowd control, and to control movement of resources to and from the scene.
The outer perimeter should:
a. Encircle the inner perimeter at a safe distance.
b. Provide for rerouting traffic and emergency access routes.
c. Provide space for staging area, triage center, media briefing center, etc.
Establish a command post and safe entry route.
Establish a staging area for the management of responding resource. The supervisor should ensure that at least
one officer is assigned to the staging area to document the resources available.
Notify the Chief of Police.
Police resources will quickly be depleted during a natural disaster. The Incident Commander should consider mutual aide
requests to surrounding police agencies, or a SMART response as outlines in directive 1602.
Military Support: Military support may be requested from the Office of the Governor, through the Waukesha County
Emergency Management Office, for the following reasons:
1. Supplement local law enforcement resources for traffic control, evacuation, and stabilization.
2. Provide emergency communication.
3. Provide special equipment.
4. Provide additional security.
Traffic Control: During a disaster response, it is the responsibility of the police to effectively control the movement of
traffic within the disaster area. Traffic should be rerouted to bypass the emergency area. Only persons with a vital
interest should be permitted access. The media should be notified to warn traffic to stay away from the area.
Transportation: The scale and type of the emergency may necessitate movement of persons in varying numbers.
Should a significant number need to be moved, the Waukesha Metro Bus services should be contacted and their services
requested. Additional transportation services may include the Milwaukee County Transit Service and local school bus
companies.
De-escalation: The duration of an emergency will determine the length of any restrictions on traffic movement within
the disaster area. Once the immediate emergency has been handled, limited access to an affected area may be
necessary. The media may assist by making announcements of changing conditions or for special requests. Entry into
the involved area will depend upon conditions as viewed by the Incident Commander.
When the incident has been de-escalated, the Incident Commander will make efforts to relieve support personnel of
their duties. In addition, scheduling should be arranged in a manner that would be aimed at returning to normal
operations.
New Berlin Police
Department
Directives Manual
Issue Date:
03/31/15
Next Review Date:
12/31/15
Directive Title:
Suburban Critical Incident Team
Total Pages:
Page 1 of 2
Directive Number:
13102
WILEAG Standards:
12.2.7, 13.1.2, 13.1.3,
13.1.4, 13.1.5
Purpose
This directive establishes guidelines on the use, selection criteria, training and equipment for the Suburban Critical
Incident Team.
Policy
It is the policy of the department to be an actively participating member of the Suburban Critical Incident Team (SCIT).
SCIT is a multi-agency, multi-jurisdictional tactical team comprised of trained tactical police officers from nine police
agencies within Waukesha County. As a member agency of SCIT, the department has full time access to trained tactical
police officers or hostage negotiators whenever a need arises.
Deployment of SCIT
The following guidelines should be followed when deciding to request a SCIT deployment:
1. A crime has been committed and the suspect is believed to be contained inside a structure.
2. Patrol personnel have attempted to make the arrest and the suspect(s) has refused to comply with commands.
3. The suspect(s) are known or believed to be armed.
4. A barricaded suicidal subject has committed an act that would result in an involuntary committal in a mental
hospital, and is known or believed to be armed.
5. In any case where the use of SCIT is determined to be the safest and best option to solve the problem.
Levels of Deployment: In situations where the supervisor decides a SCIT deployment is needed, the appropriate level of
deployment should be used.
1. Level 1: SCIT personnel that are currently on duty for the member agencies will respond.
2. Level 2: A level 2 call up involves the activation of a portion or all of the tactical officers. A pre-planned search or
arrest warrant is a common example of this level of deployment.
3. Level 3: Activation of the entire team including hostage negotiators.
Responsibilities
Patrol: The initial responding patrol officers will generally attempt to calm a situation and contain the problem to one
area. If it appears that a SCIT deployment will be needed, patrol officers will ensure that an inner and outer perimeter
has been established. The supervisor will decide the appropriate level of SCIT deployment to request. The patrol
supervisor will establish a command post, providing the location and safe approach route to SCIT personnel.
SCIT: SCIT personnel will respond to the command post. SCIT personnel will operate in accordance with SCIT
Operational Procedures.
The SCIT Commander will serve as the Tactical Commander in ICS. A New Berlin police supervisor will serve as the
Incident Commander. The Incident Commander will coordinate with the SCIT Commander when, or if, a tactical option
will be initiated. When the decision to initiate a tactical option has been made, the SCIT Commander will determine how
New Berlin Police
Department
Directives Manual
Issue Date:
03/31/15
Next Review Date:
12/31/15
Directive Title:
Suburban Critical Incident Team
Total Pages:
Page 2 of 2
Directive Number:
13102
WILEAG Standards:
12.2.7, 13.1.2, 13.1.3,
13.1.4, 13.1.5
the tactical option will be performed. The Incident Commander will support the SCIT Commander and coordinate the
other resources within the ICS until the resolution of the incident.
Tactical/Negotiator Selection and Training
SCIT has established criteria for the selection and training of personnel to serve in the various tactical and negotiator
positions on the team. SCIT Administrative Procedures outline the selection and training requirements for both tactical
officers and negotiators.
Officers assigned to SCIT as tactical officers or negotiators will participate in training in accordance with SCIT
Administrative Procedures.
Specialized Equipment
In accordance with SCIT Administrative Procedures, the department will provide the individual equipment needed by
officers that are assigned to SCIT. Certain department weapons may be used by SCIT personnel in the execution of their
duties.
New Berlin Police
Department
Directives Manual
Issue Date:
03/31/15
Next Review Date:
12/31/15
Directive Title:
Emergency Management
Total Pages:
Page 1 of 8
Directive Number:
13201
WILEAG Standards:
13.2.1, 13.2.2
Purpose
This directive establishes a uniform system for incident management including coordinating structures, processes,
resource listings and protocols for the City of New Berlin Police Department. Use of this system strengthens the
department’s capability to prepare for and respond to emergency incidents or planned events regardless of cause, size,
or complexity. In addition, this directive lists additional deployable resources and warning systems available to the
Incident Commander and is meant to work in concert with the City of New Berlin’s Emergency Operations Plan and the
National Incident Management System (NIMS).
Policy
It is the policy of the City of New Berlin Police Department to utilize the National Incident Management System (NIMS)
as the basis for incident management of all hazards in the City of New Berlin. The Incident Command System (ICS), a
component of NIMS, shall be integrated into functional and system-wide emergency operations directives, plans and
procedures. The City of New Berlin Police Department shall train, exercise and use the ICS for scheduled events and
emergencies. All response activities will be based on incident priorities in the following order of importance:
Priority #1 Life and safety
Priority #2 Incident stabilization
Priority #3 Preservation of property
Priority #4 Properly investigate / document
Planning Responsibility
The department NIMS/ICS Coordinator will have the primary planning responsibility for critical incidents occurring in the
city. The NIMS/ICS Coordinator will serve as the principal advisor to the Chief of Police for critical incident management,
in addition to serving as the primary resource coordinator.
The NIMS/ICS Coordinator will ensure that all department equipment that is used for critical incident planning and
response is inspected quarterly to ensure its readiness.
Background
The National Incident Management System (NIMS), with the Incident Command System (ICS) as the standard
management tool, provides a consistent nationwide approach for federal, state, local, and tribal governments to work
effectively and efficiently together to prepare for, prevent, respond to and recover from domestic incidents, regardless
of cause, size or complexity. The NIMS enhances the management of domestic incidents by establishing a single,
comprehensive system for incident management and will help achieve greater cooperation among departments and
agencies at all levels of government.
Definitions
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
03/31/15
EMAC:
Next Review Date:
12/31/15
Emergency Management
Total Pages:
Page 2 of 8
Directive Number:
13201
WILEAG Standards:
13.2.1, 13.2.2
Emergency Management Assistance Compact
Federal Coordinating Officer (FCO): The Federal Officer who is appointed to manage Federal resource support
activities related to Stafford Act disasters and emergencies. The FCO is responsible for coordinating the timely delivery
of Federal disaster assistance resources and programs to the affected state and local governments, individual victims,
and the private sector.
Incident: An occurrence, caused by either human action or natural phenomena that requires action by emergency
service personnel to prevent or minimize loss of life or damage to property and/or natural resources.
Incident Commander (IC): The individual responsible for the management of all incident operations at the incident
site and setting incident objectives. There can only be one Incident Commander per incident.
Incident Command Post (ICP): A physical location for command operations. The Incident Command Post is the
location at which the primary command functions are executed.
Incident Command System (ICS): A standardized on-scene emergency management concept specifically designed to
allow its user(s) to adopt an integrated organizational structure equal to the complexity and demands of single or
multiple incidents, without being hindered by jurisdictional boundaries.
Incident of National Significance (INS): An INS is declared by the Secretary of Homeland Security. These may or may
not be federally declared disasters and emergencies. It is declared when State and Local resources are overwhelmed and
Federal resources are requested or when the President directs the Secretary of the Department of Homeland Security to
assume responsibility for managing the domestic incident.
Incident Typing: Incidents are categorized by five types based on complexity. Type 5 is the least complex incident and
Type 1 the most complex. Incident typing is used to order Incident Management Teams.
•
•
•
•
•
•
•
Type 1: The most complex, longest in duration, incident where national resources are needed, possible Incident
of National Significance and NRP activation (National Response Plan)
Type 2: Regional and/or national resources are needed, up to 200 personnel are needed per operational period
and the total doesn’t exceed 500.
Type 3: Some or all of the Command and General staff positions are activated as well as Division, or Groups or
Units and may extend into several operational periods.
Type 4: Command or General staff functions are activated only if needed.
Limited to one operational period and no written IAP is required.
This may include several resources, task forces or units.
Type 5: Least complex, shortest duration, up to six personnel and the Incident Commander are used. Incident is
handled within the first operational period and often within a few hours.
National Incident Management System (NIMS):
A comprehensive, national approach to incident management.
New Berlin Police
Department
Directives Manual
Issue Date:
03/31/15
Next Review Date:
12/31/15
Directive Title:
Emergency Management
Total Pages:
Page 3 of 8
Directive Number:
13201
WILEAG Standards:
13.2.1, 13.2.2
Outdoor Siren Warning System: A network of sirens set-up at strategic locations around the city of New Berlin used to
warn citizens of impending, dangerous weather.
Planned Event: A planned event is a premeditated, non-emergency activity. ICS can be used as the management
system for a wide range of events (parades, fairs, sporting events, etc)
Principal Federal Official (PFO): The Federal official designated by the Secretary of
Homeland Security to act as his/her representative locally to oversee, coordinate, and execute the Secretary’s incident
management responsibilities under HSPD-5 for Incidents of National Significance.
S.M.A.R.T.: An organization of southern Wisconsin law enforcement agencies participating in a mutual aid agreement.
S.M.A.R.T. is an EMAC.
Unified Command: In ICS, Unified Command is a unified team effort (Police, Fire,
EMS, Public Health, NTSB, FAA, DNR, etc) which allows all agencies with responsibility for the incident, either geographic
or functional, to manage an incident by establishing a common set of incident objectives and strategies. This is
accomplished without losing or abdicating agency authority, responsibility, or accountability.
Guidelines
Command – The Incident Commander maintains on-scene operational control of an incident. During complex incidents,
the Incident commander may be supported by the Emergency Operations Center (EOC) which is a Multiagency
Coordination Entity, who will allocate resources based on incident priorities.
• The initial Incident Commander is generally the first officer at the scene of an incident involving 4 or more
officers unless circumstances dictate otherwise.
• That officer will establish command and control of the incident by calling “Command” over the radio. This officer
will be the Incident Commander until relieved. (Ex.: “Squad E215, I have Command”)
• The Incident Commander is the individual responsible for the management of all incident operations at the
incident site and will remain in command until relieved.
• The position of Incident Commander is not based on an officer’s rank or seniority but their professional
capabilities and qualifications to manage the type of incident they are facing. A Police or Fire official may take
Command depending on who has the greatest stake in the resolution of the incident.
• The different ICS leadership positions may be assigned to patrol officers or detectives who normally are not
supervisors. They will at times be in charge of their peers while managing on-scene operations as directed by the
Incident Commander.
• No major on-scene operations will take place during the incident without the approval of the Incident
Commander.
• Incident Command can be transferred from one officer to another. For prolonged or major incidents the
Incident Commander should be a person holding the rank of supervisor.
• When handling multi-agency, multi-jurisdictional, multi-discipline or other types of major incidents, an ICS
trained supervisor shall be utilized as the Incident Commander.
New Berlin Police
Department
Directives Manual
Issue Date:
03/31/15
•
•
•
•
•
Next Review Date:
12/31/15
Directive Title:
Emergency Management
Total Pages:
Page 4 of 8
Directive Number:
13201
WILEAG Standards:
13.2.1, 13.2.2
The discipline (police, fire, public health, etc.) with the greatest stake in the incident will assume Incident
Command.
If needed, a Federal Coordinating Officer (FCO) will conduct an initial appraisal of what Federal resources might
be urgently needed but will not assume command.
If an Incident of National Significance (INS) is declared after the FCO conducts an initial appraisal, a Principal
Federal Officer (PFO) will report to the scene.
The PFO is the head of a Multiagency Coordination Entity which aids in establishing priorities, resource
allocations and gives strategic guidance to the Incident Commander.
Police – Fire Command: When responding to a fire scene where the Fire Department has the greatest stake in
the incident, we will be working under their command and we will not call “command”. We will be a support
element called the Law Group. The Law Group Supervisor will coordinate law enforcement activities (traffic
control, evacuation, crowd control, etc) with the firefighter who is the Incident Commander. The Fire
Department will be requested to do the same for us when they are working under our command, and they will
be called “Fire Group”.
Structures: The following guidelines will assist officers in establishing the proper command structure for an incident.
1. Once Command is established, the ICS structure will only be as large as circumstances require.
2. Once an incident grows and the span of control for the Incident Commander exceeds 7 resources, the structure
should be divided into smaller units.
3. One person must be placed in charge of each smaller unit. That person should avoid having a span of control
exceeding 7 persons or resources.
4. These smaller units are set up based on function. Examples: a perimeter branch, a tactical branch, and an
investigative branch.
5. Those branches can be further broken down into groups or strike teams but the same rules of command apply
to them as with every other section.
6. Requests for additional resources from any branch, group or team in the ICS system must first go through the
Incident Commander. If the Incident Commander cannot find the resources on-scene, he or she will switch to
the primary channel and request the resource from WCC.
7. The sides of buildings will be labeled A, B, C, D. The obvious front of the building will always be side A. The
remaining sides will be numbered clockwise from side A. The levels (floors) of the building will be Basement,
Main, 2nd, 3rd etc. Windows and doors will be labeled 1, 2, 3, 4 etc from Left to Right.
8. An Incident Command Post will be established when ICS is utilized. For smaller incidents it may be a squad car.
For prolonged incidents, the Emergency Management Van, SCIT van or Incident Command Vehicle (FD) should
be deployed.
Communications:
1. When Incident Command is established, radio communications should be run through the Incident Commander
unless he or she dictates otherwise.
2. The Incident Commander will determine if the personnel assigned to the incident remain on the “Main” channel,
or will switch to the “Ops” channel.
3. The Incident Commander can request a dispatcher to monitor and log information when communication for the
incident moves to the “Ops” channel.
New Berlin Police
Department
Directives Manual
Issue Date:
03/31/15
Next Review Date:
12/31/15
Directive Title:
Emergency Management
Total Pages:
Page 5 of 8
Directive Number:
13201
WILEAG Standards:
13.2.1, 13.2.2
4. Officers will use common language phrases when Incident Command has been established and more than one
agency or department is involved in the event.
5. As an incident expands in complexity, so will the ICS structure and the use of sub-units. These sub-units may
need to use additional alternative radio channels.
a. The Incident Commander will be responsible for all personnel on scene. No sub-unit will be assigned to
an alternate channel without an officer in charge who has the ability to communicate with the Incident
Commander.
b. The communications center will not be required to monitor or respond to communication of sub-units
on channels other than the “Command” channel.
Unified Command:
1. An incident involving multiple disciplines (Police, Fire, EMS, Public Health, etc) where each has an equal stake in
the resolution of the incident will require the use of Unified Command.
2. In Unified Command, a team of commanders, one from each discipline that has an equal stake, will make joint
decisions based on objectives they set in handling the incident.
3. All Unified Commanders must assemble in the same command post.
4. A single commander may be selected as the point person for that team.
5. All of the remaining structures for Incident Command will still apply to Unified Command.
Incident Command System Reporting:
1. Whenever the incident command system is established and utilized in managing an incident the incident
commander should make note of it in his/her police report (if a report is written).
2. Department ICS forms are available to assist the incident commander in managing significant incidents.
Resources for Incident Management
Outdoor Siren Warning System: The City of New Berlin will activate the outdoor warning sirens to alert the public to
take immediate actions. Sirens will sound when any of the following is observed:
1. A tornado has been visually confirmed and/or a tornado warning has been issued indicating the City of New
Berlin is in the path of an approaching tornado or whenever any reported tornado sighting within the City is
confirmed.
2. High Winds – when it has been confirmed that “Hurricane Force” winds will be impacting the City of New Berlin
and/or the National Weather Service has issued a Severe Storm/High Wind Warning indicating hurricane force
winds. (Monitored with gusts at 70+ mph.)
3. EG Director/Fire and/or Police Chief Discretion – Any situation where the aforementioned individuals feel it
necessary to activate the system to provide public warning to imminent danger. Notification to activate can also
be provided by the Shift Supervisor-in-Charge of the New Berlin Police Department and/or Acting Fire Chief.
4. Civil Defense – Any situation defined by the Federal Government as a threat to national security and the safety
of the American public. These include: Imminent Attack, Uncontrollable Wild Fires, and Public Address for
Immediate Safety and/or shelter.
The City of New Berlin tests its weather warning sirens every Saturday for three (3) minutes at 1200 hours.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
03/31/15
Next Review Date:
12/31/15
Emergency Management
Total Pages:
Page 6 of 8
ICS Forms
ICS 201A/B/C, ICS 215, ICS 204, After Action Review
ICS 201 Short Form
Directive Number:
13201
WILEAG Standards:
13.2.1, 13.2.2
New Berlin Police
Department
Directives Manual
Issue Date:
03/31/15
Next Review Date:
12/31/15
Directive Title:
Emergency Management
Total Pages:
Page 7 of 8
Directive Number:
13201
ICS Emergency Resourse Contacts
Director of Emergency Management:
Scott Schulpius
262-780-2651 (office)
262-785-9580 (Emer. Gov’t Office)
262-971-1487 (home)
262-613-5021 (cell) 262-952-0855 (pager)
Asst Emergency Gov’t
Dave Ziesmer
262-613-2071 (cell)
262-952-0914 (pager)
Streets Division:
Steve Dzeikan
262-780-4710 (office)
414-525-1427 (home)
262-613-2462 (cell)
414-640-2188 (personal cell)
414-230-3494 (pager)
Water Utility:
Rick Johnson
262-786-7086 (office)
Storm Water Supervisor:
Chuck Trevorrow
414-543-2331 (home)
262-613-2464 (cell)
414-230-3490 (pager)
Parks, Recreation & Forestry:
Mark Schroeder
262-797-2443 (office)
Andy Reshel
262-613-2589 (work cell)
608-780-5229 (cell)
City Building Maintenance:
Ernie Giesegh
262-613-2465 (cell)
262-378-4505 (home)
Bob Schulpius
262-613-2727 (cell)
715-748-4619 (Vac home)
WILEAG Standards:
13.2.1, 13.2.2
New Berlin Police
Department
Directives Manual
Issue Date:
03/31/15
Next Review Date:
12/31/15
Directive Title:
Emergency Management
Total Pages:
Page 8 of 8
Directive Number:
Waukesha County Communications:
Richard Tuma
446-5090 Direct Emergency Line
446-5026 On-duty Supervisor
Waukesha County Highway Garage:
262-548-7736
Medical Examiner:
Lynda Biedrzycki
262-548-7575 (office)
262-983-1771 (on-call pager)
“A Child Is Missing” Automated Phone Messaging System
888-875-2246
BearCat Armored Vehicle
MPD Communications Division supervisors 414-935-7472
13201
WILEAG Standards:
13.2.1, 13.2.2
New Berlin Police
Department
Directives Manual
Issue Date:
04/01/15
Next Review Date:
12/31/15
Directive Title:
Victim/Witness Rights and Services
Total Pages:
Page 1 of 5
Directive Number:
14101
WILEAG Standards:
14.1.1, 14.1.2
Purpose
This directive outlines the needs of victims and witnesses of criminal and noncriminal incidents; defines the
responsibilities of officers to provide support, information, and guidance for these individuals; establishes uniform
guidelines for victim/witness assistance and complies with the requirements of Wisconsin Statutes.
Policy
It is the policy of the department to enhance the treatment of victims, witnesses, and survivors of crime and noncriminal crisis situations by providing the assistance and services necessary to speed the physical and emotional recovery
of victims. The department is committed to providing victims and witnesses of crime support and aid as they interact
with the criminal justice system. It is the philosophy and policy of the department to treat crime victims and witnesses
with dignity, respect, courtesy, and sensitivity.
Victim and Witness Rights
Victim Rights: Victims of crimes have the following rights, as outlines in WI State Statutes 950.04(1v):
1. To be treated with fairness, dignity, and respect for his or her privacy by public officials, employees, or agencies.
2. To have his or her interest considered when the court is deciding whether to grant a continuance in the case.
3. To attend court proceedings in the case, in accordance with WI State Statutes 906.15 and 938.299(1).
4. To be provided with appropriate intercession services to ensure that employers of victims will cooperate with
the criminal justice process and the juvenile justice process in order to minimize an employee's loss of pay and
other benefits resulting from court appearances.
5. To be accompanied by a service representative, as provided under s. 895.45.
6. To request an order for, and to be given the results of, testing to determine the presence of a communicable
disease, as provided under ss. 938.296 or 968.38.
7. To not be the subject of a law enforcement officer's or district attorney's order, request, or suggestion that he or
she submit to a test using a lie detector, as defined in s. 111.37 (1) (b), if he or she claims to have been the
victim of a sexual assault under s. 940.22 (2), 940.225, 948.02 (1) or (2), or 948.085, except as permitted under s.
968.265.
8. To be informed about the process by which he or she may file a complaint under s. 968.02 or 968.26 (2) and
about the process of an inquest under s. 979.05 if he or she is the victim of an officer-involved death, as defined
in s. 175.47 (1) (c).
9. To not have his or her personal identifiers, as defined in s. 85.103 (1) and including an electronic mail address,
used or disclosed by a public official, employee, or agency for a purpose that is unrelated to the official
responsibilities of the official, employee, or agency.
10. To be provided a waiting area under ss. 938.2965 and 967.10.
11. To have his or her interests considered by the court in determining whether to exclude persons from a
preliminary hearing, as provided under s. 970.03 (4).
12. To not be compelled to submit to a pretrial interview or deposition by a defendant or his or her attorney as
provided under s. 971.23 (6c).
New Berlin Police
Department
Directives Manual
Issue Date:
04/01/15
Next Review Date:
12/31/15
Directive Title:
Victim/Witness Rights and Services
Total Pages:
Page 2 of 5
Directive Number:
14101
WILEAG Standards:
14.1.1, 14.1.2
13. To have the parole commission make a reasonable attempt to notify the victim of applications for parole, as
provided under s. 304.06 (1).
14. To have reasonable attempts made to notify the victim of hearings or court proceedings, as provided under ss.
302.113 (9g) (g) 2., 302.114 (6), 938.27 (4m) and (6), 938.273 (2), 971.095 (3) and 972.14 (3) (b).
15. To have reasonable attempts made to notify the victim of petitions for sentence adjustment as provided under
s. 973.09 (3m), 973.195 (1r) (d), or 973.198.
16. To have, at his or her request, the opportunity to consult with intake workers, district attorneys and corporation
counsel in cases under ch. 938, as provided under ss. 938.245 (1m), 938.265 and 938.32 (1) (am).
17. To have, at his or her request, the opportunity to consult with the prosecution in a case brought in a court of
criminal jurisdiction, as provided under s. 971.095 (2).
18. To a speedy disposition of the case in which they are involved as a victim in order to minimize the length of time
they must endure the stress of their responsibilities in connection with the matter.
19. To have the district attorney or corporation counsel, whichever is applicable, make a reasonable attempt to
contact the victim concerning the victim's right to make a statement, as provided under ss. 938.32 (1) (b) 2.,
938.335 (3m) (b) and 972.14 (3) (b).
20. To provide statements concerning sentencing, disposition, or parole, as provided under ss. 304.06 (1) (e), 938.32
(1) (b) 1g., 938.335 (3m) (ag), and 972.14 (3) (a).
21. To have direct input in the parole decision-making process, as provided by the rules promulgated under s.
304.06 (1) (em).
22. To attend parole interviews or hearings and make statements as provided under s. 304.06 (1) (eg).
23. To attend a hearing on a petition for modification of a bifurcated sentence and provide a statement concerning
modification of the bifurcated sentence, as provided under s. 302.113 (9g) (d).
24. To attend a hearing on a petition for modification of a term of probation under s. 973.09 (3) (d) and provide a
statement to the court concerning modification of the term of probation as provided under s. 973.09 (3m).
25. To have information concerning the impact of a delinquent act on the victim included in a court report under s.
938.33 and to have the person preparing the court report attempt to contact the victim, as provided under s.
938.331.
26. To have the person preparing a presentence investigation under s. 972.15 make a reasonable attempt to contact
the victim, as provided in s. 972.15 (2m), and to view the sentence recommendation and any victim information
included on the presentence investigation report, as provided in s. 972.15 (4m).
27. Subject to the limits set forth in s. 972.15 (4r), to view portions of a presentence investigation report prepared
under s. 972.15 that relate to the crime upon the victim.
28. To have the court provided with information pertaining to the economic, physical and psychological effect of the
crime upon the victim and have the information considered by the court.
29. To restitution, as provided under ss. 938.245 (2) (a) 5., 938.32 (1t), 938.34 (5), 938.345, 943.212, 943.23 (6),
943.245, 943.51 and 973.20.
30. To recompense as provided under s. 969.13 (5) (a).
31. To a judgment for unpaid restitution, as provided under ss. 895.035 (2m) and 973.09 (3) (b).
32. To compensation, as provided under subch. I of ch. 949.
33. To have any stolen or other personal property expeditiously returned by law enforcement agencies when no
longer needed as evidence, subject to s. 968.205. If feasible, all such property, except weapons, currency,
New Berlin Police
Department
Directives Manual
Issue Date:
04/01/15
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
Next Review Date:
12/31/15
Directive Title:
Victim/Witness Rights and Services
Total Pages:
Page 3 of 5
Directive Number:
14101
WILEAG Standards:
14.1.1, 14.1.2
contraband, property subject to evidentiary analysis, property subject to preservation under s. 968.205, and
property the ownership of which is disputed, shall be returned to the person within 10 days of being taken.
To receive information from law enforcement agencies, as provided under s. 950.08 (2g).
To receive information from district attorneys, as provided under s. 950.08 (2r).
To have district attorneys make a reasonable attempt to notify the victim under s. 971.17 (4m) regarding
conditional releases under s. 971.17.
To have the department of corrections make a reasonable attempt to notify the victim under s. 301.046 (4)
regarding community residential confinements, under s. 301.048 (4m) regarding participation in the intensive
sanctions program, under s. 301.38 regarding escapes from a Type 1 prison, under s. 301.46 (3) regarding
persons registered under s. 301.45, under s. 302.105 regarding release upon expiration of certain sentences,
under s. 304.063 regarding extended supervision and parole releases, and under s. 938.51 regarding release or
escape of a juvenile from correctional custody.
To have the appropriate clerk of court send the victim a copy of an inmate's petition for extended supervision
and notification of the hearing on that petition under s. 302.114 (6).
To have the department of corrections make a reasonable attempt to notify the victim under s. 303.068 (4m)
regarding leave granted to qualified inmates under s. 303.068.
To have the department of health services make a reasonable attempt to notify the victim under s. 971.17 (6m)
regarding termination or discharge under s. 971.17 and under s. 51.37 (10) regarding home visits under s. 51.37
(10).
To have the department of health services make a reasonable attempt to notify the victim under s. 980.11
regarding supervised release under s. 980.08 and discharge under s. 980.09 (4).
To have reasonable attempts made to notify the victim concerning actions taken in a juvenile proceeding, as
provided under ss. 938.24 (5m), 938.25 (2m), 938.312 and 938.346.
To have the appropriate clerk of court make a reasonable attempt to send the victim a copy of a motion made
under s. 974.07 (2) for post-conviction deoxyribonucleic acid testing of certain evidence and notification of any
hearing on that motion, as provided under s. 974.07 (4).
To have the governor make a reasonable attempt to notify the victim of a pardon application, as provided under
s. 304.09 (2) and (3).
To make a written statement concerning pardon applications, as provided under s. 304.10 (2).
To request information from a district attorney concerning the disposition of a case involving a crime of which
he or she was a victim, as provided under s. 971.095 (6).
To complain to the department of justice concerning the treatment of crime victims, as provided under s. 950.08
(3), and to request review by the crime victims rights board of the complaint, as provided under s. 950.09 (2).
Witness Rights: Witnesses of crime have the following rights, as outlined in WI State Statute 950.04(2w):
1. To request information from the district attorney about the final disposition of the case.
2. To be notified that a court proceeding to which they have been subpoenaed will not go on as scheduled, in
order to save the person an unnecessary trip to court.
3. To receive protection from harm and threats of harm arising out of their cooperation with law enforcement and
prosecution efforts, and to be provided with information as to the level of protection available.
4. To be informed of financial assistance and other social services available as a result of being a witness of a crime,
including information on how to apply for the assistance and services.
New Berlin Police
Department
Directives Manual
Issue Date:
04/01/15
Next Review Date:
12/31/15
Directive Title:
Victim/Witness Rights and Services
Total Pages:
Page 4 of 5
Directive Number:
14101
WILEAG Standards:
14.1.1, 14.1.2
5. To not have his or her personal identifiers, as defined in s. 85.103 (1) and including an electronic mail address,
used or disclosed by a public official, employee, or agency for a purpose that is unrelated to the official
responsibilities of the official, employee, or agency.
6. To be informed of the procedure to be followed in order to apply for and receive any witness fee to which they
are entitled.
7. To be provided a waiting area under ss. 938.2965 and 967.10.
8. To have any stolen or other personal property expeditiously returned by law enforcement agencies when no
longer needed as evidence. If feasible, all such property, except weapons, currency, contraband, property
subject to evidentiary analysis and property the ownership of which is disputed shall be returned to the person
within 10 days of being taken.
9. To be provided with appropriate intercession services to ensure that employers of witnesses will cooperate with
the criminal justice process and the juvenile justice process in order to minimize an employee's loss of pay and
other benefits resulting from court appearances.
10. To be entitled to a speedy disposition of the case in which they are involved as a witness in order to minimize
the length of time they must endure the stress of their responsibilities in connection with the matter.
Information and Referral
The department will maintain a supply of the Waukesha County – Information for Victims of Crime brochures. The
brochure contains information relating to:
• The availability of compensation for victims and witnesses.
• Contact information for:
o Waukesha County District Attorney’s Office
o Waukesha County Jail
o Waukesha County Juvenile Intake
• A complete list of victim/witness rights
• Contact information for the New Berlin Police Department and the investigating officer.
Before leaving the scene of a crime, the investigating officer will take the following steps to meet the victim’s need for
support and information:
1. Provide the victim(s) with the “Waukesha County- Information for Victims of Crime” brochure. This applies to all
incidents whether felony or misdemeanor. Officers will fill out the necessary information on the brochure, i.e
officer’s name, IR number, date and contact phone number, before giving the brochure to the victim.
2. In the event that there are compelling circumstances which would preclude the Deputy from issuing the
brochure at the time of taking the report, Deputies shall make arrangements to have the brochure delivered to
the victim prior to the conclusion of their shift or within 24 hours.
3. If the victim is seriously injured, deceased, or otherwise incapacitated, the brochure shall be given to a member
of the victim’s immediate family.
4. In the case of juvenile victims, the brochure shall be provided to the victim’s parents or guardian.
5. Encourage the victim to contact the Department to report any additional information about the incident or
to request further information or assistance.
New Berlin Police
Department
Directives Manual
Issue Date:
04/01/15
Next Review Date:
12/31/15
Directive Title:
Victim/Witness Rights and Services
Total Pages:
Page 5 of 5
Directive Number:
14101
WILEAG Standards:
14.1.1, 14.1.2
6. Officers shall advise victims to contact the department if they are subjected to threats or harassment as a result
of their cooperation with law enforcement. The Victim/witness shall be advised to call 911 if they feel they are in
immediate danger.
7. Officers will include a statement in the narrative section of their report indicating that the victim was provided
with a copy of the Waukesha County – Information for Victims of Crime brochure.
Follow-up
Lack of information about case status is one of the greatest sources of dissatisfaction among victims of crime and
victim’s survivors. The assigned Detective handling the criminal case shall notify victims/witnesses of the status of their
investigation, make routine call backs in order to determine whether the victim has new information concerning the
case, ascertain whether the victim is in need of assistance from sources outside of the department and to relay
information relating to such matters as:
• The status of stolen, recovered, or removed property
• The arrest and detention of suspects, and their pre-trial release status
• The victim’s possible eligibility for victim compensation; court restraining orders
• Court proceedings and schedules and; the operations of the department and the criminal justice system.
Victim/Witness Resources
Officers should inform victims and witness that there are a number of resources available to them. The Waukesha
County – Information for Victims of Crime brochure contains information a listing of the resources available.
Officers should inform victims and witnesses about the Wisconsin Statewide Victim Notification service (WI-VINE).
This is a free and anonymous telephone and online service that provides victims of crime and the general public with
two important features: Information and Notification. Victims and other citizens can register for VINE (Victim
Information & Notification Everyday) by calling the toll-free number, 1-888-944-8463 or visiting the Web site at
www.vinelink.com.
The department uses the services of a professional, volunteer Chaplain. The department Chaplain is available to assist
victims in accordance with department procedures.
Restitution for Municipal Charges
Victims of municipal violations that result in damage to property or personal injury are eligible for restitution. Officers
will assist victims in obtaining restitution in accordance with department procedures.
New Berlin Police
Department
Directives Manual
Issue Date:
02/02/15
Next Review Date:
12/31/15
Directive Title:
Impairment due to Alcohol and Drug
Total Pages:
Page 1 of 3
Directive Number:
6202
WILEAG Standards:
6.2.6
Purpose
This directive provides officers with guidance on the proper investigation and processing of subjects arrested for
Operating While under the Influence of Alcohol or Drugs.
Policy
It is the policy of the department to vigorously enforce all laws relating to operating a vehicle while impaired by alcohol
or drugs. In addition, it is the policy of the department that all officers will be trained in Standardized Field Sobriety
Testing (SFST).
Pre-arrest guidelines
Officers need to be constantly alert to any of the signs that could indicate a driver is impaired. Field Training Module
#301 provides extensive information relating to the possible signs of impairment. Once an officer has established
reasonable suspicion to stop a vehicle, the officer must remain alert to signs of possible impairment.
If an officer believes that the driver of a vehicle is impaired and the officer wishes to conduct Standardized Field Sobriety
Testing, the officer will first notify dispatch of his/her intent to conduct further testing and request a back-up officer.
Officers will not conduct Standardized Field Sobriety Testing without the assistance of a back-up officer. Standardized
Field Sobriety Testing will be conducted in accordance with the officers training and the SFST training manual.
If the weather conditions make it extremely difficult or unsafe for the officer to administer SFST, the officer may ask the
driver for consent to move to a better, safer location. If the driver refuses, the officer should consult with a supervisor.
However, if the driver refuses to voluntarily move to another location, officers will not forcibly relocate the driver.
Officers may use a Preliminary Breath Tester (PBT) as part of their investigation. The officer should attempt to use the
PBT after first developing probable cause to believe that the driver of a vehicle is impaired.
If the impairment observed by the officer does not match with the breath alcohol content registered by the PBT, or if
there are other signs or evidence of drug use, the officer should consider the possibility of impairment by drugs. In cases
where the officer believes that the driver may be impaired by drugs, he/she may request the assistance of a Drug
Recognition Expert (DRE). The DRE will gather an amount of evidence that will assist the officer with his/her
investigation. Officers will check with their supervisor before requesting the assistance of a DRE.
Post-arrest guidelines
After an officer has established probable cause to arrest a driver for Operating While Intoxicated, the officer will
handcuff the driver according to Directive 1703. The officer will search the driver incident to the arrest and will safely
secure the driver in the caged area of the squad car. The officer will ensure that the shoulder and lap safety restraints
are applied and constantly monitor the driver to ensure he/she remains seat-belted.
New Berlin Police
Department
Directives Manual
Issue Date:
02/02/15
Next Review Date:
12/31/15
Directive Title:
Impairment due to Alcohol and Drug
Total Pages:
Page 2 of 3
Directive Number:
6202
WILEAG Standards:
6.2.6
Officers will search the driver’s vehicle incident to the arrest. The search will be performed while the driver is still on
scene.
If no other sober person with a valid driver’s license is available to remove the vehicle, officers may attempt to obtain
permission from the driver to legally park the vehicle. If the driver will not give permission to legally park his/her vehicle,
the officer will tow the vehicle.
Any passengers in the vehicle that are sober may be released at the scene or given a ride to the department to
contact/wait for a ride. Officers will not allow intoxicated passengers to walk away from the scene. Officers should make
every effort to contact a sober person that is willing to pick the passenger up or obtain consent from the passenger to
transport him/her back to the department to contact/wait for a ride. If the passenger continues to refuse assistance,
officers should consider taking the person into protective custody under Wisconsin State Statute 51.45.
The arresting officer and the back-up officer will both convey the driver to the police station for further chemical testing.
Administration of Chemical Testing
Once the arrested driver has been brought back to the department, officers will perform a custodial inventory search of
the driver. The back-up officer will normally conduct the Intoximeter EC/IR testing; however, any officer that is trained
and certified in the use of the Intoximeter EC/IR may conduct the chemical testing.
The Intoximeter EC/IR will be the department’s primary chemical test that is offered to a driver arrested for a violation
of Wisconsin State Statute 346.63. Officers may use the Intoximeter EC/IR for the following:
1. 1st, 2nd and 3rd offense OWI.
2. 1st offense Absolute Sobriety
When officers determine that a blood test is necessary, the arrested driver will be transported to Waukesha Memorial
Hospital. Officers will remain in the police room with the arrested driver and will only allow proper medical staff to draw
the blood. Officers will retain the legal blood sample once it has been turned over to them.
The legal blood sample for all felony OWI and OWI related crimes will be inventoried and delivered to the Wisconsin
State Crime Lab for testing. The legal blood sample for non-felony OWI and OWI related crimes will be mailed to the
Wisconsin State Lab of Hygiene for testing.
Officers should refer to the OWI Guidelines for further information.
Refusal to submit to chemical testing
If an arrested driver refuses to submit to a chemical test for a non-criminal OWI offense, no chemical test will be
obtained and the appropriate chemical test refusal paperwork will be submitted.
New Berlin Police
Department
Directives Manual
Issue Date:
02/02/15
Next Review Date:
12/31/15
Directive Title:
Impairment due to Alcohol and Drug
Total Pages:
Page 3 of 3
Directive Number:
6202
WILEAG Standards:
6.2.6
If the arrested driver refuses to submit to a chemical test for a criminal OWI offense, officers will follow the OWI Refusal
procedures.
Release after processing
Officers may release a person that has been arrested for OWI or an OWI related offense after the arrest processing and
chemical testing have been completed. The person will be released to a responsible party only after the Statement of
Responsibility form has been signed. The OWI Guidelines contain detailed information on the release options for most
OWI and related offenses.
Officers will transport the arrested driver to the Waukesha County Jail if a responsible party cannot be found or if the
offense requires a lockup.
New Berlin Police
Department
Directives Manual
Issue Date:
02/02/15
Next Review Date:
12/31/15
Directive Title:
Motor Vehicle Crash Reporting, Investigation
and Officer Response
Total Pages:
Page 1 of 5
Directive Number:
6203
WILEAG Standards:
6.2.7, 6.2.8
Purpose
The purpose of this order is to outline how traffic crashes will be investigated, and to provide officers with guidance
when faced with differing types of crash situations.
Policy
It is the policy of the department that all traffic crashes reported to the department will be fully investigated. The
investigation will center around determining the sequence of events that lead up to the crash, how the crash happened,
and what, if any, traffic or criminal laws were violated. Crash reports will be completed fully, and in a timely fashion.
Definitions
Crash: An crash is defined as an occurrence that originates or terminates on a traffic way, which involves at least one
motor vehicle in transport, and is reportable to the Department of Transportation under SS346.70(1). Crash includes
acts by the operators of motor vehicles which contribute to the cause of the crash regardless of physical contact,
including intentional acts.
“In Transport”: "In transport" means the condition of a motor vehicle when it is in use primarily for moving persons or
property, including the vehicle itself, from one place to another and is in motion, or in readiness for motion, or on a
traffic way, but not legally parked and unattended in a designated parking area. This includes parked motor vehicles with
doors open into a traffic way or vehicle loads extending into a traffic way and driverless motor vehicles which are in
motion.
Traffic Way: A traffic way includes any premises held open to the public as a matter of right or custom for use of their
motor vehicles, whether the premises are publicly or privately owned. This includes driveways, approaches to buildings,
shipping and loading docks, service stations, parking stalls and parking aisles of parking lots.
Limits of Reportability: As outlined in SS346.70(1), a traffic crash is considered reportable when:
a. There is an injury or death of any person. An injury is defined as injury to a person of a physical nature
which requires first aid, or the attention of a physician.
b. There is damage to government owned property, except a government owned vehicle, to an apparent
extent of $200 or more.
c. There is damage to property owned by any one person, or to a government owned vehicle, to an apparent
extent of $1,000 or more
Types of Traffic Crashes
There are four general categories of traffic crashes that officers will investigate:
1. Property Damage Only crashes (PDO).
2. Personal injury crashes (PI).
New Berlin Police
Department
Directives Manual
Issue Date:
02/02/15
Next Review Date:
12/31/15
Directive Title:
Motor Vehicle Crash Reporting, Investigation
and Officer Response
Total Pages:
Page 2 of 5
Directive Number:
6203
WILEAG Standards:
6.2.7, 6.2.8
3. Fatal injury crashes.
4. Hit and run crashes which involve any of the above.
Officers will obey all traffic laws while responding to PDO crashes. A PDO crash is not an emergency call unless there is a
severe traffic blockage, and the officer reasonably believes that a delay in the police response could result in additional
crashes. Hit and Run PDO crashes will generally not be considered emergency calls, unless the crash just occurred and
the suspect is still in the area or is currently fleeing the area. If these conditions exist, officers may respond to Hit and
Run PDO crashes as emergency calls. Officers will respond to PI and Fatal injury crashes, and Hit and Run PI and Fatal
crashes, as emergency calls.
Traffic Crashes on Private Property
If a traffic crash occurs on private property and the limits of reportability are met, officers will investigate the crash.
Officers will complete the State Crash Report Form, MV4000 or the Badger TRACS crash report. When investigating a
traffic crash on private property, officers may only issue citations for violations of the following laws:
1. Operating While Under the Influence of Alcohol or Drugs.
2. Reckless Driving
3. Hit and Run
Crash Reports
All traffic crashes reported to the department will be recorded on the State Crash Report Form, MV4000. Officers may
use the Badger TRACS software to complete a crash report. A crash report will be written if the limits of reportability are
met. If the limits of reportability are not met, an officer is not required to complete the State Crash Report form,
however, the officer should take down the necessary information for a report in his/her notebook for future reference if
needed.
All crashes that require a crash report will be completed and submitted within 10 days of the date of the crash.
Officers investigating a hit and run crash will complete an incident report with the necessary suspect information that is
currently available. If the hit and run crash meets the limits of reportability, the officer will also complete the State
Crash Report Form, MV4000 or the Badger TRACS crash report form.
Crashes that involve New Berlin Police Department vehicles or personnel will be investigated by the Waukesha County
Sheriff Department. Crashes involving New Berlin Police Department vehicles that occur outside of the city will be
investigated by the agency for the jurisdiction that the crash occurred within.
If a traffic crash involves a fatal injury to any driver, passenger, pedestrian, or any other person involved in the crash, the
Motor Vehicle Fatal Supplement Report, MV3480, will be completed. A fatal injury is any injury that results in death
within 30 days of the date of the crash.
New Berlin Police
Department
Directives Manual
Issue Date:
02/02/15
Next Review Date:
12/31/15
Directive Title:
Motor Vehicle Crash Reporting, Investigation
and Officer Response
Total Pages:
Page 3 of 5
Directive Number:
6203
WILEAG Standards:
6.2.7, 6.2.8
In addition to the Motor Vehicle Fatal Supplement, MV3480, being completed, the following notifications will also be
made:
1. The on-call Assistant District Attorney will be notified that a traffic crash involving fatal injuries has
occurred.
2. A teletype will be sent to MVFR with the necessary information about the fatal crash.
In accordance with SS346.70(4)(i), whenever an officer investigates an crash in which the operator of any vehicle
displays a driver’s license issued by the Department of State, or the operator claims immunity privileges under 22 USC 6,
the officer must do the following:
1. As soon as practical, contact the Diplomatic Security Command Center of the Office of Foreign Missions,
Diplomatic Motor Vehicle Office, within the Department of State, to verify the status and immunity of the
driver claiming diplomatic immunity.
2. Within 10 days of the date of the crash, forward a copy of the crash report to the Diplomatic Security
Command Center of the Office of Foreign Missions, Diplomatic Motor Vehicle Office, Department of State.
Any crashes that are reported to the department after they have already occurred will be handled with the Wisconsin
Driver Report of Crash form. This form will be given to each driver that comes into the department with instructions on
how to properly fill out the form. The department will not generate a report for any crashes that officers have not
responded to.
Scene Responsibilities
The first officer at the scene of a crash has several responsibilities, including:
1.
2.
3.
4.
5.
6.
7.
If necessary, administering first aid until the arrival of the ambulance.
Protecting the crash scene.
Preserving short lived evidence such as broken vehicle parts, skid marks, fluid patterns, etc.
Establishing a safe traffic pattern around the scene of the crash.
Locating witnesses and recording crash information.
Expediting the removal of vehicles and debris from the roadway.
In PDO crashes, if possible, officers should attempt to get the drivers to move the vehicles off the roadway
to prevent any additional crashes.
Officers arriving at the scene of a traffic crash involving a reported or apparent hazardous materials spill shall respond
promptly but approach the scene cautiously, upwind, uphill, etc. Officers shall attempt to determine if the container or
vehicle is displaying hazardous materials placards or labels and shall record the displayed information and refer to the
Emergency Response guidebook located in each squad car.
New Berlin Police
Department
Directives Manual
Issue Date:
02/02/15
Next Review Date:
12/31/15
Directive Title:
Motor Vehicle Crash Reporting, Investigation
and Officer Response
Total Pages:
Page 4 of 5
Directive Number:
6203
WILEAG Standards:
6.2.7, 6.2.8
Officers should observe persons already at the scene for any symptoms of a reaction to contact with the material or
vapors. If nothing unusual is noted, officers may move closer and speak to persons at the scene regarding to their
physical condition and observations and take appropriate protective measures.
Officers should attempt to locate the operator of the vehicle to determine the vehicle contents and/or examine the
shipping papers or the bill of lading. The vehicle operator may also provide information as to the relative danger of any
spilled materials.
Officers responding to any traffic crash at a business which may use chemicals or other hazardous materials should be
observant for possible involvement of the materials.
Officers confirming hazardous material involvement in any crash shall immediately request the assistance of the New
Berlin Fire Department. Once on the scene, Fire Department personnel will be in charge of the scene.
Level of Investigation
Officers will thoroughly investigate all PDO and PI, and Hit and Run PDO and PI crashes. The aim of the investigation will
be to determine if any traffic or criminal violations have occurred. If the officer determines that a traffic or criminal
violation has occurred, he/she may take appropriate enforcement action.
All crashes that involve fatal injuries to any driver, passenger, or pedestrian will be reconstructed by the Accident
Investigation Unit.
All serious injury crashes that are, or may be, associated with criminal charges will be reconstructed. Serious injuries are
those injuries that are likely to require admission to a medical facility on an in-patient basis. Crashes involving
questionable injuries will be handled as if there were serious/fatal injuries, and the crash will be reconstructed.
Supervisors may decide to have a traffic crash reconstructed if any of the following are present:
1. Serious injuries, even in the absence of criminal charges.
2. 18” of intrusion into an occupied seating area of the vehicle, even if the occupant does not appear to be
injured.
3. A very high property loss, such as the total destruction of a commercial motor vehicle and its cargo.
4. Any crash that could possibly result in criminal charges and the supervisor feels that an accident
reconstruction would assist in the prosecution of the criminal charges.
If an officer believes a crash should be reconstructed, he/she will check with the on-duty supervisor first. The supervisor
will make the determination to call in the Accident Investigation Unit.
All vehicles that are involved in a serious/fatal injury crash will be impounded and towed to the police department for
further investigation and inspection. If it appears that there is no value in impounding a vehicle involved in the crash,
New Berlin Police
Department
Directives Manual
Issue Date:
02/02/15
Next Review Date:
12/31/15
Directive Title:
Motor Vehicle Crash Reporting, Investigation
and Officer Response
Total Pages:
Page 5 of 5
Directive Number:
6203
WILEAG Standards:
6.2.7, 6.2.8
the investigating officer should contact the on call Assistant District Attorney to determine if he/she feels the vehicle
should be impounded.
Accident Investigation Unit
To ensure the proper reconstruction of traffic crashes, the department has established an Accident Investigation Unit.
The Accident Investigation Unit will consist of 3 sworn officers. The supervisor of the Accident Investigation Unit will be
a Sergeant. The unit will thoroughly reconstruct all traffic crashes that are assigned to it. The Accident Investigation
Unit will respond to and investigate crashes as required by this policy or when requested by a supervisor.
New Berlin Police
Department
Directives Manual
Issue Date:
02/03/15
Next Review Date:
12/31/15
Directive Title:
Traffic Direction and Control
Total Pages:
Page 1 of 4
Directive Number:
6204
WILEAG Standards:
6.2.9, 6.2.10,
6.2.12, 6.2.13
Purpose
This directive establishes uniform procedures for the department's traffic direction and control function. In addition, this
directive also includes provisions for special events, traffic crashes, fire scenes and EMS emergencies, escorts, assistance
to highway users and roadway hazards.
Policy
It is the policy of the department to ensure safe and efficient movement and control of vehicles and pedestrians in many
different traffic situations.
General Guidelines
Officers should be alert to those conditions requiring action to ensure the safe and efficient movement of vehicular and
pedestrian traffic. Such actions may include notifying dispatch of the existence of the problem, requesting that the
appropriate local, county or state agency respond to correct the problem or requesting additional police personnel or
equipment.
Manual Direction of Traffic: Manual direction of traffic may be required at locations where traffic signals are
malfunctioning, intersections are congested or obstructed, or where any other occurrence such as a fire, traffic crash or
adverse weather condition has disrupted the normal flow of traffic.
All officers involved in the manual direction and control of traffic will wear their issued ANSI Class II high visibility
reflective vests. High visibility reflective vests will be worn any time an officer is in, on, or near a roadway unless wearing
the vest poses a legitimate safety hazard. Officers should also make proper use of other available equipment as
appropriate, including emergency-equipped vehicles, whistles, flares, flashlights, traffic cones and temporary traffic
signs or barricades.
Officers engaged in the direction and control of traffic should safely position themselves to ensure that they are highly
visible to all motorists and pedestrians.
Pursuant to §346.40, whenever traffic is alternately being directed to stop and to proceed by a traffic officer using a
whistle, such officer shall use the following whistle signals which shall signify as follows:
1.
2.
3.
One blast of the whistle means that all traffic not within the intersection shall stop.
Two blasts of the whistle means that traffic which had been stopped prior to the one blast shall proceed
through the intersection and that the traffic which was stopped by the one blast shall remain stopped.
The traffic officer shall regulate the interval between the one and the 2 blasts so as to permit traffic that is
legally within the intersection to clear the intersection.
Officers conducting traffic direction during periods of darkness or adverse road or weather conditions should be alert to
the possibility of decreased visibility and increased stopping distances. In addition to the use of a high-visibility
New Berlin Police
Department
Directives Manual
Issue Date:
02/03/15
Next Review Date:
12/31/15
Directive Title:
Traffic Direction and Control
Total Pages:
Page 2 of 4
Directive Number:
6204
WILEAG Standards:
6.2.9, 6.2.10,
6.2.12, 6.2.13
reflective vest and flashlight to increase officer visibility to motorists, flares should be utilized and placed on or adjacent
to the roadway.
Manual Operation of Traffic Control Signals: Officers may initiate the manual operation of traffic control signals under
any of the following circumstances:
1.
2.
3.
Special event causing excess traffic.
Traffic control signal malfunctions.
Traffic accident or other event affecting traffic movement.
Traffic signals may be turned off or placed in the "flashing mode" in those circumstances where the signal's malfunction
is limited to improper cycling or where otherwise appropriate, such as during a power outage. In the event a signal is
turned off or otherwise not functioning, officer should notify the appropriate agency to respond and repair the signal.
Officers will utilize the flip-down stop signs attached to traffic signal posts.
Special Events:
Traffic direction and control at special events, to include parades, sporting events, highway construction and
maintenance activities, and labor strikes, will normally be pre-planned in cooperation with event officials and other
affected local, county or state agencies.
To the extent possible, the police supervisor designated as responsible for coordinating the event should ensure that the
following concerns and special circumstances have been anticipated and addressed:
1.
2.
3.
4.
5.
6.
Ingress and egress of vehicles and pedestrians and the adequacy of parking available in the area;
Spectator and crowd control;
Provisions for the relief of officers assigned to traffic-control duties;
Alternate routes for through traffic;
Temporary traffic controls and parking prohibitions; and
Emergency vehicle access to the area.
Traffic Crash Scenes
Police personnel have the primary responsibility for the direction and control of traffic at motor vehicle crash scenes.
Officers should establish a safe Traffic Incident Management Area (TIMA) to direct traffic around the crash scene.
Officers may need to completely restrict traffic, allowing only for the ingress and egress of police, fire and rescue
personnel and equipment. In those instances where the nature of the traffic crash requires the roadway to be closed or
restricted, officers should utilize flares, traffic cones and movable barricades as well as marked police vehicles to protect
the scene or for the temporary detour of traffic. The Emergency Traffic Control Guidelines provides a resource to officers
on establishing a safe TIMA to manage the flow of traffic.
New Berlin Police
Department
Directives Manual
Issue Date:
02/03/15
Next Review Date:
12/31/15
Directive Title:
Traffic Direction and Control
Total Pages:
Page 3 of 4
Directive Number:
6204
WILEAG Standards:
6.2.9, 6.2.10,
6.2.12, 6.2.13
Fire Scenes and EMS Emergencies
The nature, magnitude and location of a fire will determine the extent of police personnel and equipment required for
traffic direction and control. At fire or EMS scenes that require police traffic direction and control, a supervisor will
respond to the scene and assume control of the police response. The police supervisor should contact the Fire
Department Incident Commander to determine the extent of street closure needed to ensure the safety of the fire
department operations.
Police Escorts
The New Berlin Police Department may provide police escorts and/or traffic control for groups traveling through the city
who request police assistance. Examples of acceptable situations where we would give our assistance include large
funeral processions, dignitary convoys, parades, oversized vehicles and organized motorcycle rides with a large number
of participants.
If a police escort is requested officers will comply with §346.215 (i.e. a minimum of two police vehicles involved). One
police vehicle will be in front of the procession and another will be at the end of the procession. The involved police
vehicles will have their emergency lights activated.
The escorting police vehicles and procession will be allowed to proceed through red traffic lights and stop signs without
stopping. The escorting police vehicles and all vehicles within the procession must yield right-of-way to any emergency
vehicle that is giving a visual and audible signal.
The on-duty supervisor may use a combination of conducting a police escort along with additional traffic control along
the procession route if manpower allows.
Standard ICS protocols should be used in directing officers and coordinating traffic control.
Officers will not escort civilian vehicles in medical emergencies. If an officer encounters a civilian in a vehicle that is
suffering from a medical emergency, the officer will request the Fire Department respond to the scene. The officer will
provide medical assistance to the level of his/her training until the Fire Department arrives.
Assistance to Highway Users:
General: Officers should provide reasonable assistance to motorists in need of information or directions. In addition,
officers should assist or arrange help for motorists in need of fuel and/or transportation.
Towing: If a towing service is needed or requested, officers should ask the operator for a towing service preference. If
there is no preference, the officer should request the next closest towing service on the Department towing list.
Department vehicles should not be used for towing or jump starting disabled vehicles.
New Berlin Police
Department
Directives Manual
Issue Date:
02/03/15
Next Review Date:
12/31/15
Directive Title:
Traffic Direction and Control
Total Pages:
Page 4 of 4
Directive Number:
6204
WILEAG Standards:
6.2.9, 6.2.10,
6.2.12, 6.2.13
Pushing Vehicles: If a squad is equipped with push bars mounted on the front of the car, officers are authorized to push
vehicles under the following circumstances:
1. The vehicle represents a hazard.
2. Pushing the vehicle will prevent it from interfering with normal traffic patterns.
3. Provide for the safety of motorists or avoid accident or injury.
Roadway Hazards
Roadway hazards include:
1. Accidental hazards, such as debris that has fallen on the roadway from another vehicle,
2. Downed power lines.
3. Fallen trees.
4. Acts of nature such as fog, flooding, ice or snow on roadway etc.
Upon discovering or being sent to a roadway hazard, officers will request the help of the appropriate agency to clear the
hazard. If necessary, officers will provide traffic direction and control until the hazard has been cleared from the road.
New Berlin Police
Department
Directives Manual
Issue Date:
02/03/15
Next Review Date:
12/31/15
Directive Title:
Abandoned and Towed Vehicles
Total Pages:
Page 1 of 3
Directive Number:
6205
WILEAG Standards:
6.2.14
Purpose
This directive establishes guidelines for officers when dealing with abandoned vehicles and vehicles which are to be
impounded or towed as a result of police involvement.
Policy
It is the policy of this department that any vehicle which is evidence of, or may contain evidence of a crime, be
impounded. Officers may impound vehicles for a number of reasons, including:
1.
2.
3.
4.
5.
6.
Vehicles left at burglary scenes
Vehicles impounded pursuant to a search warrant
Vehicles containing contraband or evidence
Vehicles involved in hit and run accidents
Vehicles involved in felonies
Vehicles seized under court order
Abandoned Vehicles
Officers encountering, or dispatched to a report of a potentially abandoned vehicle will make every effort to determine
the owner of the vehicle and why the vehicle is parked where it is. If officers are not able to determine who the owner of
a potentially abandoned vehicle is, the officer will tag the vehicle with a New Berlin Police Department Vehicle Courtesy
Check form.
Abandoned autos will be left at the scene during investigation to determine who owner of the vehicle is or if the vehicle
is stolen. If, after tagging a vehicle and waiting 48 hours, an officer is still not able to determine who owns the vehicle
and why it is parked where it is, the officer may call a tow service to remove the vehicle. Officers towing an abandoned
vehicle will request the next available tow service. The vehicle will be towed back to the tow service lot. Officers that
order the towing of an abandoned vehicle will complete an incident report detailing the investigation; date, time and
place the vehicle was towed from; name of the tow service that removed the vehicle and the location the vehicle was
taken to. Officers will also indicate why they ordered the vehicle towed and any pending charges.
Removal of vehicles that are abandoned on private property will be the responsibility of the property owner. Officers
may contact the owner of a vehicle abandoned on private property on behalf of the property owner, but officers will not
disclose personal information about any individual obtained by the Division of Motor Vehicles in connection with a
motor vehicle record (i.e., registration or VIN number). Property owners requesting vehicle registration/owner
information will be referred to Wisconsin DOT Form MV2896, Vehicle/Driver Record Information Request.
New Berlin Police
Department
Directives Manual
Issue Date:
02/03/15
Next Review Date:
12/31/15
Directive Title:
Abandoned and Towed Vehicles
Total Pages:
Page 2 of 3
Directive Number:
6205
WILEAG Standards:
6.2.14
Towed Vehicles
Vehicles which are towed by police order will be towed to the police department and secured in the impound lot.
Vehicles towed by police order, which are of no evidentiary value (i.e., a traffic hazard, abandoned autos, or vehicles
involved in traffic crashes), will be towed to the wrecker service lot.
All vehicles that are impounded pursuant to an investigation by a member of the department will be processed for
evidence.
If another jurisdiction is requesting that vehicle be towed as evidence for their investigation, an officer will be
dispatched to the location. The officer will request that the vehicle be towed back to the department. The vehicle will be
treated as an evidentiary item and made available to the other jurisdiction for their processing of the vehicle. The
jurisdiction requesting impoundment will be advised that the towing bill will be their responsibility.
If the jurisdiction requesting impoundment does not want the vehicle to be processed for evidence, the vehicle can be
left at the scene or towed to a wrecker’s garage depending upon the circumstances. The towing bill will be the
responsibility of the other jurisdiction, or the owner of the vehicle.
Abandoned, impounded and seized vehicles that are lawfully taken into police custody may be inspected without a
warrant. The vehicle and its contents will be inventoried immediately upon arrival at the storage area. As a matter of
personal protection, two (2) officers will conduct the inventory search of the vehicle. When conducting an inventory
search, the entire interior portion of the vehicle and any closed or locked container will be opened, and their contents
inventoried. The closed or locked trunk of the vehicle will also be opened, and any contents inventoried. An inventory
search need not be conducted at the police department, it may be conducted at the location that the vehicle is
impounded or seized. The purpose of the inventory search is three-fold:
1. To protect the property of the owner.
2. To safeguard the officer from danger.
3. To protect against any claims of theft or damage.
Officers conducting an inventory search should note any damage to the vehicle and any evident defects such as broken
glass, missing radio or spare tire, etc. Small items of personal property that cannot be adequately secured inside the
vehicle shall be placed in evidence lockers.
The vehicle, its contents and the keys will be inventoried into the property module of the department’s RMS software.
Vehicles of persons arrested for minor offenses will be left at the scene of the arrest, and officers will take reasonable
precautions for the safety of the vehicle and its contents. Officers will attempt to lock the doors of the vehicle. If the
vehicle cannot be secured, the officer should make a reasonable attempt to secure valuable items in the trunk of the
vehicle. Items of a very high value can be secured at the police department for safe- keeping. Vehicles that are left at
the scene of an incident will be logged with Waukesha County Communications. Should the arrested person wish,
New Berlin Police
Department
Directives Manual
Issue Date:
02/03/15
Next Review Date:
12/31/15
Directive Title:
Abandoned and Towed Vehicles
Total Pages:
Page 3 of 3
Directive Number:
6205
WILEAG Standards:
6.2.14
officers will assist the person in contacting a tow or other person to arrange for removal of the vehicle, providing there is
no unreasonable delay. The costs related to having the vehicle towed are the responsibility of the arrested person.
At traffic crashes requiring a vehicle be towed from the scene, officers will request the next available tow on the tow list.
Vehicles towed from crash scenes will be taken to the tow service’s garage for storage. The owner of the vehicle is
responsible for towing and storage charges.
At crash scenes, investigating officers may attempt to secure small personal property of injured persons, or place such
property in custody of any uninjured, responsible occupant of the vehicle, before the vehicle is towed away.
Any vehicle towed to the Police Department will be cleared with the street supervisor. The supervisor may approve
impoundment of any vehicle not meeting the criteria for impoundment in this directive when special circumstances exist
which may dictate the need to do so.
Officers having a vehicle towed to the police department will follow correct department procedures for properly
documenting and processing the vehicle.
New Berlin Police
Department
Directives Manual
Issue Date:
02/03/15
Next Review Date:
12/31/15
Directive Title:
Investigative Coverage
Total Pages:
Page 1 of 1
Directive Number:
6301
WILEAG Standards:
6.3.1
Purpose
This directive provides guidance for the call in of Investigation Division personnel. For the purpose of this directive,
“seniority” is defined as the amount of time the person has held the rank of detective or sergeant. This order also
provides procedures for shift minimums.
Policy
It is the policy of the department to provide 24 hour investigative coverage. Coverage is provided through either on-duty
personnel or personnel that are called in when needed to assist with an investigation.
Detective Call-in
When a detective is needed outside regular duty hours, an investigative sergeant should be contacted in order of
seniority, to determine personnel needs. The investigative sergeant may request on duty personnel to call in the
appropriate number of detectives based on seniority. If investigative sergeants are unavailable, the investigation
division captain should be contacted.
If no investigation division supervisor is available, call in one (1) detective in order of seniority. If no detective accepts
the call-in, a detective shall be ordered to duty in reverse order of seniority. If the entire investigation division is needed,
a supervisor may request a MyState “page” through WCC.
Minimum Scheduling Requirement
At least one investigation sergeant will be scheduled to work Monday through Friday, excluding holidays.
At least one detective will be scheduled to work day shift Monday through Friday, excluding holidays.
At least one detective will be scheduled to work early shift Monday through Friday, excluding holidays.
Minimum scheduling requirements may be reduced with the approval of the Investigation Captain or designee. The
minimum scheduling requirements can be reduced at any time due to a sick call or bereavement leave.
New Berlin Police
Department
Directives Manual
Issue Date:
02/03/15
Next Review Date:
12/31/15
Directive Title:
Case File Management
Total Pages:
Page 1 of 2
Directive Number:
6302
WILEAG Standards:
6.3.2
Purpose
This directive establishes the case file management system the Investigation Division will use to manage cases.
Policy
It is the policy of the department to efficiently manage cases assigned to the Investigation Division. The Case
Management portion of the department’s ProPhoenix software will be used to manage Investigation Division cases.
Case Status and Control
The Case Management function of the department’s ProPhoenix software will serve as the system of case status and
control.
When a case is received from the Patrol Division, an Investigation Division supervisor will review the report. The
Investigation Division supervisor will screen the report for solvability factors identified during the preliminary
investigation. If the Investigation Division supervisor has identified one or more solvability factors, the case will be
assigned for further investigation.
A case that is assigned to a detective for further investigation will be entered into the Case Management function of the
department’s ProPhoenix software.
The Investigation Division will also maintain an electronic log of all cases sent to the District Attorney’s office for criminal
charges. This log will also contain information on cases that have been disposed of with a referral to other agencies or
the City Attorney’s office.
Administrative Case Status Designations
Administrative case status designation shall be assigned to each case assigned to the Investigation Division for further
investigation. The following status designations will be used:
1.
2.
3.
Open - The case is assigned to an officer and investigative efforts are active.
Suspended - All available leads have been exhausted but the case had not been brought to a conclusion.
Investigative efforts may be resumed with additional information.
Closed - The case has been concluded, i.e., cleared by arrest, cleared by exception, unfounded, turned over to
another agency or other disposition.
Maintenance of Records
Investigative records are maintained in the department’s records management system. The records will be maintained
in accordance with department directives [link].
New Berlin Police
Department
Directives Manual
Issue Date:
02/03/15
Next Review Date:
12/31/15
Directive Title:
Case File Management
Total Pages:
Page 2 of 2
Directive Number:
6302
WILEAG Standards:
6.3.2
Case files will be maintained by the assigned detective on each active case. Case files will be maintained in such a
location that they are readily accessible to a supervisor. Detectives will timely document the progress of their
investigation in a supplement report.
At the conclusion of each investigation, the detective's case file will be forwarded to a supervisor for review. Suspended
case files will be purged. Cases cleared by arrest or submitted for a warrant or prosecutor review will be approved and
forwarded to the appropriate prosecutor.
File Access
All department members have access to the department's investigation files. Supervisors are authorized to "lock"
specific reports, which would limit access to supervisors only. This may include but is not limited to special
investigations, internal investigations, sensitive information, etc.
New Berlin Police
Department
Directives Manual
Issue Date:
02/03/15
Next Review Date:
12/31/15
Directive Title:
Preliminary and Follow-up Investigation
Total Pages:
Page 1 of 3
Directive Number:
6303
WILEAG Standards:
6.3.3, 6.3.4
Purpose
This directive establishes guidelines to assist officers and detectives with preliminary and follow-up investigations.
Policy
It is with the patrol officer's initial investigative efforts that a crime has the greatest chance of being solved. To that end,
it is department policy that patrol officers conduct most preliminary investigations. Follow up investigations can be
conducted by patrol officers and detective for cases that are referred to the Investigation Division.
Preliminary Crime Scene Investigation
The first arriving officers at the scene of an incident should perform the following tasks:
1. Proceed promptly and safely to the scene.
2. Render assistance to the injured.
3. Make and document observations of all pertinent conditions, events and remarks.
4. Locate, identify and interview all complainant(s), victim(s), and witnesses involved with the
investigation. Obtain written statements where appropriate.
5. Secure the crime scene. Protect any evidence until it can be photographed and collected.
6. Identify, attempt to locate, question or interrogate any suspect(s). Affect the arrest of the criminal
suspect when probable cause exists for the arrest.
7. Record the incident fully and accurately. Preliminary crime investigation reports will be completed in
accordance with directive 10103 [link].
After conducting a preliminary investigation, patrol officers may continue to conduct follow-up investigation into an
incident as time and manpower allow. All major crime reports or crimes requiring investigative skills beyond the
knowledge or abilities of patrol officers are to be forwarded to the Investigation Division.
Cases assigned to the Investigation Division
Reports of the following nature may be assigned to the Investigation Division for further follow-up investigations:
1. Homicide
2. Unusual, accidental or un-natural death investigations
3. Armed Robbery
4. First, second and third degree Sexual Assault
5. Abduction/hostage taking
6. Burglary
7. Vehicle theft
8. Child abuse or neglect
9. Missing child/adult investigations in which the Patrol Division has exhausted all reasonable leads and
cannot locate the missing child or adult.
New Berlin Police
Department
Directives Manual
Issue Date:
02/03/15
Next Review Date:
12/31/15
Directive Title:
Preliminary and Follow-up Investigation
Total Pages:
Page 2 of 3
Directive Number:
6303
WILEAG Standards:
6.3.3, 6.3.4
10. Other investigations, either criminal or civil in nature, which require the special skills, knowledge or
techniques of the Investigation Division.
Follow-up Investigation
Cases screened for further investigation will be assigned to detectives with the specialized skills or experience necessary
to the case. Case assignments may be influenced by caseloads or other assignments.
A supervisor or detective assigned to a case will be designated the primary case investigator and will be responsible for
control and completion of the assigned investigation. This designation is reflected in the case status control log.
The detective assigned to a case will be designated the primary case investigator and will be responsible for control and
completion of the assigned investigation. This designation is reflected in case management.
Detectives will not initiate or accept cases for follow-up investigation without the approval of an Investigation Division
supervisor.
Follow-up investigations should include, when appropriate, the following steps. This list is provided as a guide,
recognizing that not all steps will apply to every investigation.
1. Review and analyze the preliminary investigation report. This should include statements, inventoried property
and any other information forwarded with the preliminary report.
2. Make a second contact with all the principals involved in the case, including the victim(s), complainant,
witness(s) or informant(s), within five working days for the purpose of gathering additional information and
supplying the principals with information concerning case identification and responsibility.
3. Seek additional information or follow-up assistance from uniformed patrol officers.
4. Conduct additional interviews or interrogations and obtain statements.
5. Obtain search warrants, plan and execute search warrants
6. Collect and preserve evidence.
7. Review crime lab reports and other agency records. Review additional departmental records.
8. Meet with and disseminate information to other divisions or agencies.
9. Conduct surveillance
10. Develop additional sources of information and implement investigative techniques appropriate to the
investigation.
11. Identify and apprehend the suspect(s).
12. Determine suspect's involvement in other crimes.
13. Prepare supplemental and prosecution reports and submit them for review and approval in a timely manner.
14. Organize and prepare case file for the prosecutor.
15. Assist the prosecutor with the prosecution of the case.
16. Notify the complainant/victim of the disposition at the conclusion of the investigative effort.
New Berlin Police
Department
Directives Manual
Issue Date:
02/03/15
Next Review Date:
12/31/15
Directive Title:
Preliminary and Follow-up Investigation
Total Pages:
Page 3 of 3
Directive Number:
6303
WILEAG Standards:
6.3.3, 6.3.4
Case Management Practices: Investigation Division supervisors will be responsible for monitoring the progress of all
cases assigned to detectives in the Investigation Division. Every 15 days, a supervisor will meet with those detectives
under his/her supervision and document the progress made on open cases. Supervisors shall offer guidance or advice if
necessary, or dispose of the case as appropriate. It will be the responsibility of the supervisors to document case
progress on individual case management review sheets. The Investigation Division Commander will review these from
time to time.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/05/15
Next Review Date:
12/31/15
Informants
Total Pages:
Page 1 of 3
Directive Number:
6304
WILEAG Standards:
6.3.5
Purpose
This directive provides guidance for the control and use of confidential informants.
Policy
In many instances, a successful investigation cannot be conducted without the use of a confidential informant (CI). While
the use of CIs is an effective tool in investigations, it can be undermined by the misconduct of either the CI or the
insufficient oversight by the detective(s) utilizing the informant. Therefore, it is department policy to take necessary
precautions by developing sound informant control procedures.
Selection of Informants
An informant is any person who has information pertinent to law enforcement and offers the information under the
following conditions:
1. Requesting anonymity
2. Requesting payment for the information
3. Offers the information in return for consideration on a criminal or civil charge
Officers and detective may consider using an informant who has information that is needed for the investigation.
Officers and detectives should consider the motivation of the informant in providing the information. Special care and
consideration should be taken before using an informant that is currently on probation or parole. Generally, officers or
detective will need to obtain permission from the potential informant’s Probation/Parole Officer before utilizing the
person as an informant.
Factors to consider: There are many factors an officer or detective may consider when deciding to use a person as a
confidential informant. Officers and detectives should keep the following factors in mind:
1. Age, sex and residency status of the person.
2. Immigration status.
3. Employment status or occupation.
4. Affiliation with legitimate businesses and illegal or suspicious enterprises.
5. Extent to which potential information, associations or other assistance could benefit a present or future
investigation.
6. The confidential informant’s motivation in providing information or assistance.
7. Relationship between the informant and the target of an investigation.
8. Risk that the informant might adversely affect an existing or future investigation.
9. Extent to which provided information can be corroborated.
10. Prior record as a witness.
11. Criminal history.
12. Whether the informant is a substance abuser.
13. Whether the informant is related to anyone in law enforcement.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/05/15
Next Review Date:
12/31/15
Informants
Total Pages:
Page 2 of 3
Directive Number:
6304
WILEAG Standards:
6.3.5
Precautions
Although the use of informants is a viable police tactic, it can also create allegations of misconduct or lead to legal
questions. Caution should be used in working with informants. Most notably, an officer should try to determine the
informant's motivation for providing the information and once determined, proceed appropriately. When working with
an informant of the opposite sex, an officer should be accompanied by a second officer when it becomes necessary to
meet with the informant. One of the two officers should, if at all possible, be the same sex as the informant.
Guidelines
An informant's name shall not appear in a police report which pertains to the case in which the informant is offering
information. Police reports are available under the Freedom of Information Act, as well as other motions for discovery.
Therefore, anonymity of informants should be protected through the following means:
1. Confidential informants should be referred to in police reports as "he/she" or "the informant".
2. When receiving information from a person who wishes to remain anonymous, officers shall fill out a Confidential
Informant Information Sheet, which details the name, address, phone number and other pertinent information
about the informant. When completed, this form should be sealed in an envelope marked "Confidential" and
submitted with the report to a supervisor. The report should detail the information provided and the officer's
efforts to corroborate the information. Any additional information from the informant should be noted on the
back side of the Confidential Informant Information Sheet and forwarded to the supervisor for filing.
3. The supervisor or his designee shall assign a number to the Confidential Informant Information Sheet and file it
numerically in a locked informant master name file. This locked file will also contain cross reference data that
associates the informant name with his/her assigned number. The supervisor or designee will also make a
notation on the original report identifying the number assigned to the informant.
4. The supervisor or designee will be responsible for maintaining the informant file to insure that:
a. An individual informant does not have more than one informant number resulting from multiple
reports.
b. An "Informant Activity Log", which is maintained on the back of the Informant Information Sheet, lists
the dates and case numbers that the informant provided information on, whether or not the
information was reliable, and whether or not the informant was compensated.
c. Access to the file is very limited.
5. Confidentiality -Unauthorized disclosure of confidential information or the identity of confidential informants
shall be considered a serious violation of professional trust. Willful or malicious disclosure of such information
could result in criminal action.
Juvenile Informants
All considerations extended to adult informants, as previously discussed, will also extend to juvenile informants.
Directive Title:
New Berlin Police
Department
Directives Manual
Issue Date:
02/05/15
Next Review Date:
12/31/15
Informants
Total Pages:
Page 3 of 3
Directive Number:
6304
WILEAG Standards:
6.3.5
If it becomes necessary to actively use a juvenile informant in an investigation in a manner which might expose the
juvenile to harm, the juvenile's parents or guardian must be notified. The parents/guardian must be told the situation in
its entirety. The juvenile shall not be used without consent of the parent/guardian.
Compensation for Informants
If applicable, an informant can be compensated through the use of the "Crime Stoppers" program or similar crime
information compensation programs. Identity protection procedures already specified for the program may be used.
If the circumstances do not fall within the guidelines of the Crime Stoppers program, informants may be compensated
with funds from the Special Projects account. The Investigation Division Commander will determine the amount to be
paid to informants. Factors to consider when determining the amount an informant will be paid include the informant’s
reliability and the value of the information provided.
Special Project funds shall be accounted for by the Investigation Division Commander or designee. A running account of
all funds shall be maintained. An audit of Special Project funds shall take place on an annual basis and shall be conducted
by the Chief of Police or his/her designee. A brief synopsis of closed cases will be provided upon request during the
annual audit. The names of informants will not be disclosed during the audit.
New Berlin Police
Department
Directives Manual
Issue Date:
02/05/15
Next Review Date:
12/31/15
Directive Title:
Adult Custodial Interrogations
Total Pages:
Page 1 of 2
Directive Number:
6305
WILEAG Standards:
6.3.6
Purpose
The purpose of this order is to outline when interviews or interrogations of adults will be audio/video recorded by
officers of the New Berlin Police Department.
Policy
It is the policy of the department that officers will audio/video record all adult interrogations when the adult is
suspected of committing a felony and is in custody or being questioned at a place of detention.
Officers may record or be directed by a supervisor to record, any other interview or interrogation not mandated by this
directive.
Definitions
Custodial Interrogation: An interrogation by a law enforcement officer of a person suspected of committing a crime
from the time the suspect is informed of his or her Constitutional Rights until the questioning ends, during which the
officer asks questions that are reasonably likely to elicit an incriminating response and during which a reasonable person
in the suspect’s position would believe that he or she is in custody or otherwise deprived of his or her freedom of
movement in any significant way. Custodial Interrogation does not include questions asked during investigatory stops,
general on-scene questioning, or booking questions.
Place of Detention: A secure detention facility, jail, municipal lockup facility, or secured correctional facility, or a police
or sheriff’s office or other building under the control of a law enforcement agency, at which adults are held in custody in
connection with an investigation of a crime.
Suspect: A person suspected of committing a crime.
Recording: An electronic audio or video recording.
When recording is necessary
Adults who are interviewed at a place of detention and are suspected of committing a felony will be recorded.
Custodial interrogations of adults suspected of committing a felony will be recorded unless one of the following
conditions exists, or good cause is shown for not making the recording:
1. The person refused to respond or cooperate in the interrogation. A contemporaneous audio recording or
written record must be made of the person’s refusal.
2. The statement was made in response to a question asked as part of the routine processing of the person.
3. An equipment malfunction, or an inadvertent failure to operate the equipment properly, occurred.
New Berlin Police
Department
Directives Manual
Issue Date:
02/05/15
Next Review Date:
12/31/15
Directive Title:
Adult Custodial Interrogations
Total Pages:
Page 2 of 2
Directive Number:
6305
WILEAG Standards:
6.3.6
4. The statement was made spontaneously and not in response to questions by a law enforcement officer or agent
of a law enforcement agency.
5. Exigent public safety circumstances existed that prevented the making of an audio recording or rendered the
making of such a recording infeasible.
6. At the time of the interrogation, the law enforcement officer reasonably believed the offense for which the
person was taken into custody, or for which the person was being investigation, was not a felony.
Audio/Video Recording Guidelines
During custodial interrogations it is not necessary to inform the person that the interrogation is being recorded.
The interview rooms in the Investigation Division, and the interview room in the booking area, are hardwired for audio
and video. The audio and video recordings will be stored on the department computer network. To activate the audio
and video recording, officers will need to activate each individually. This feature allows an officer to turn off the audio
recording when an attorney meets with a client. Officers will leave the video recording active and monitor the video to
ensure the safety of the attorney. Audio and video recordings will be preserved as evidence according to department
procedures.
Interviews/Interrogations conducted outside the police department should be recorded using one of the portable digital
recorders.
Custodial interviews/interrogations of adults suspected of committing a felony will not be done in areas of the police
department that are not hardwired for audio/video recording without prior approval of a supervisor.
Prior to beginning the interrogation and after the recording equipment has been turned on; the officer must
authenticate the recording which must include the following information:
1.
2.
3.
4.
Officers name and rank
Name of the suspect being interrogated
Incident report number
Day, date, time and location of the interrogation
It is necessary to record the entire interrogation, from beginning to end, including any pauses or breaks. Recordings
should not be stopped for any reason except when the interrogation has ended.
The interrogating officer should take notes and document the interrogation in the written report, as well as obtain a
written statement from the suspect. The interrogating officer may use the “tagging” feature of the recording equipment
to note occurrences during the interview, i.e. time Constitutional Rights read, time suspect confessed, etc. The
interrogating officer should note in his/her report that the interrogation was recorded, and where it was recorded.
New Berlin Police
Department
Directives Manual
Issue Date:
02/05/15
Next Review Date:
12/31/15
Directive Title:
Eyewitness Identification
Total Pages:
Page 1 of 4
Directive Number:
6306
WILEAG Standards:
6.3.7
Purpose
This directive establishes a uniform procedure for the identification of suspects by witnesses in front of an officer, and to
promote practices, which safeguard innocent persons while ensuring that those who are guilty are arrested and
convicted. Procedures that suggest the guilt of a particular suspect to an eyewitness must be avoided. In all cases, the
honest recollection of the eyewitness must prevail.
Policy
Eyewitness identification is a frequently used investigative tool. However, erroneous eyewitness identifications have
been cited as the most frequent cause of wrongful convictions. As such, officers shall strictly adhere to the guidelines
established by this directive in order to maximize the reliability of identifications, minimize erroneous identifications,
and gather evidence that conforms to contemporary eyewitness identification protocols.
General Rules for Eyewitness Identification
When Unnecessary: An eyewitness identification procedure may be unnecessary when the witness:
1. Would be unable to recognize the person who committed the offense being investigated, or:
2. Knew the identity of the suspect before the offense occurred, or:
3. Learned the suspect’s identity without police assistance after the offense.
Avoid Multiple Viewers in the Field: A suspect or likeness of the suspect (photograph, composite drawing) should not
be shown to more than one witness at a time.
Avoid Viewer’s Suggestions: A witness who has taken part in an identification procedure must not be permitted to
state conclusions within hearing distance of another person who is about to be, or has been, a viewer of the lineup,
show-up, or photo array.
Avoid Officer’s Suggestions: A police officer must not, by word or gesture, whether directly or indirectly, suggest
opinions to any witness that the suspect committed the crime. Witnesses making inquiries about an officer’s opinion
shall be informed of this restriction.
Instructions to Witnesses: Instructions to witnesses must be given before conducting a live or photographic lineup, or a
show-up.
Maintaining a Record: A complete record of each identification procedure must be made. The time, location, and the
identity of those present, including persons being viewed who are not the suspect, must be noted. Statements made by
a witness viewing the suspect must be recorded, along with any significant remarks made by an officer, lawyer, or
suspect.
New Berlin Police
Department
Directives Manual
Issue Date:
02/05/15
Next Review Date:
12/31/15
Directive Title:
Eyewitness Identification
Total Pages:
Page 2 of 4
Directive Number:
6306
WILEAG Standards:
6.3.7
Photographic Lineups
Definitions:
1. Photographic Lineup: The showing of multiple photographs, either sequentially or simultaneously, to an
eyewitness for purposes of potential identification of a suspect.
2. Sequential viewing: Each photograph is presented separately, in a predetermined order, to a witness.
3. Simultaneous viewing: A witness is allowed to view all of the photos in the photographic lineup at the same
time.
Preparing the photo lineup; Sequential and Simultaneous arrays
1. Officers shall use, whenever possible, sequential presentation procedures when showing suspect photographs
to witnesses. In sequential photographic lineups, each photograph is presented separately to the witness, in a
pre-determined order, removing each photo from the witnesses’ sight after it is viewed. Children ten years of
age and under should not be shown a sequential photo lineup but can be shown a simultaneous photo lineup.
2. Select fillers (non-suspects) who generally fit the witness’ description of the suspect’s significant features such
as sex, race, age, facial features, hair, etc.
3. If possible, photo arrays should consist of a minimum of six photos; one photo of the suspect and five fillers. A
separate photo array should be prepared for each suspect. Avoid reusing fillers in lineups shown to the same
witness when showing a new suspect.
4. Ensure that no writing or information concerning previous arrest will be visible to the witness.
5. If possible, photographs used in the lineup shall be of a similar nature and composition.
6. View the photo array to ensure that the suspect’s photo does not unduly stand out.
Creating, Presenting, and Preserving a Sequential Photo Lineup Using the Folder System
1. Begin with five filler photographs and the suspect photograph.
2. Place a filler photograph into a folder and label the folder as number one.
3. Place the four remaining fillers and the suspect photo into individual folders. Shuffle these five folders so you do
not know which folder the suspect’s photograph is in, and then number the folders two through six.
4. Provide the witness with the following information and instructions:
a. Review each photograph carefully, taking as much time as needed before moving on to the next. All of the
photographs will be presented to you even if identification is made before all of the photos have been
shown. The suspect’s photo may or may not be among those shown in the photo array. Do not feel you
have to make identification; it is as important to exclude innocent persons as it is to identify the perpetrator.
Keep in mind that hairstyles, beards, and mustaches may be easily changed. If you make an identification, I
will ask you to describe, in your own words, how certain you are. In order to prevent compromising this
investigation, please do not discuss this procedure or the results with others.
5. The folders should then be presented sequentially to the witness, with the witness returning each closed folder
to the officer after he/she is done viewing the photograph. Follow Officer Instructions for Sequential Photo
Arrays guidelines.
6. If identification is made, the witness must initial, date, and note the time on the back of the photograph.
New Berlin Police
Department
Directives Manual
Issue Date:
02/05/15
Next Review Date:
12/31/15
Directive Title:
Eyewitness Identification
Total Pages:
Page 3 of 4
Directive Number:
6306
WILEAG Standards:
6.3.7
7. After the viewing, it is important that the witness’s identification be neither confirmed nor denied. Likewise, if
the witness was unable to make identification, the officer should not point out the suspect’s photo after the
procedure.
8. Preserve the original order of the photo array. The photos should also be preserved in their original condition.
9. The photographs used in the photo array will be inventoried as evidence.
Simultaneous Photo Lineup Procedure: Simultaneous photo lineups are preferred for children ten years of age and
under, and may also be appropriate for some disabled witnesses.
1. The simultaneous photo lineup should be prepared according to the guidelines established in this directive. It is
preferred that at least six photographs are used, arranged at random and shown simultaneously to the witness.
2. If identification is made, the witness must initial, date and note the time on the back of the photograph.
3. The photographs used in the photo array will be inventoried as evidence.
Show-ups
Definition: A show-up is an identification procedure in which a suspect is presented individually to a witness.
Necessity of Show-ups: The Wisconsin State Supreme Court has concluded that evidence obtained from an out of court
show-up is inherently suggestive and will not be admissible unless, based on the totality of the circumstances, the
procedure was necessary. (State of Wisconsin vs. Dubose, 2005)
Prior to conducting any show-up, the District Attorney’s Office should be consulted to determine if the show up is
necessary. Generally, show ups are not necessary and should not be conducted if probable cause exists to arrest the
suspect, or if the opportunity to conduct a photo lineup or live lineup exists, unless exigent circumstances necessitate a
show-up.
Eliminating unnecessary suggestiveness: Throughout the show-up procedure, officers must eliminate unnecessary
suggestiveness by avoiding words, gestures, or practices that may influence a witness’s identification of a suspect.
Unnecessary suggestiveness may include, but is not limited to, conducting show-ups at the police station, conducting
show-ups while the suspect is handcuffed, or conducting show-ups while the suspect is seated in a police vehicle.
Instructions to Witnesses: Prior to a show-up, witnesses should be told:
1. The person they are about to see may or may not be the perpetrator.
2. They should not feel compelled to make an identification. It is as important to exclude innocent persons as it is
to identify the perpetrator.
3. If identification is made, the officer will ask the witness to describe, in his/her own words, how certain he/she is.
4. Whether or not identification is made, avoid discussing the procedure or the results so as to avoid compromising
the investigation.
Multiple Witnesses: If there is more than one witness to a crime, arrangements should be made for each witness to
view the suspect separately.
New Berlin Police
Department
Directives Manual
Issue Date:
02/05/15
Next Review Date:
12/31/15
Directive Title:
Eyewitness Identification
Total Pages:
Page 4 of 4
Directive Number:
6306
WILEAG Standards:
6.3.7
Right to Counsel: No person has the right to have a lawyer present during a show-up procedure.
Recording Identification Results: When conducting an identification procedure, officers shall preserve the outcome of
the procedure by documenting any identification or non-identification results obtained from the witness(es). This will
include:
1. Having the witness sign and date the Witness Instruction Sheet.
2. Documenting both identification and non-identification results in writing in the form of a supplement report.
This must include the witness’s own words with regard to how sure he/she is of the identification.
3. Obtain a written statement from the witness.
4. Complete the Photo Lineup Worksheet.