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APRIL 19
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Mark J. Corr
Chief of Police
Police Manual Policy Committee
Meeting Minutes — September 9, 2010
Time: 4:00 p.m. to 6:00 p.m.
Location: Lexington Police Guard Room
In Attendance: Chief Mark Corr (Chair)
Dr. Edith Flynn
William Hays
Gerald McLeod
1. Meeting called at 4:06 p.m.
TEL: (781) 862 -1212
FAX: (781) 863-1291
Peter Kelley, Selectman Liaison
Sgt. Cleveland Coats, MSP
Captain Joseph O'Leary, Lexington
Lt. John Mazerall, Lexington
Sgt. Paul Callahan
2. John Mazerall being promoted to Lieutenant, is being reassigned to command a night
shift and Sgt. Paul Callahan will assume accreditation and policy duties.
3. Minutes for the for the May 25 and July 13, 2010 meetings adopted. Moved by Chair,
second by Dr. Edith Flynn. Unanimous 5 -0 vote.
4. Policies were reviewed. Summary of significant comments.
41A ARRESTS
Page 1, 3 paragraph. Last sentence needs to be rewritten for clarity.
Page 2. Two concepts being used interchangeably and only one should be used. A warrant
should be obtained "whenever practical" versus "whenever possible."
Page 3, 2c. Committee discussed how an "arrestee" has no right to resist an arrest unless the
officer is using excessive force. No changes to text.
Page 3, Application for warrant. Add "officer's" to "probable cause supported by officer's oath
or affirmation..."
Page 5. Spell out acronym CJIS.
Page 10, top of page i. Reword to "no single fact alone is deciding factor."
Page 11. Clarify for lay reader that "fresh pursuit" is a term many know as "hot pursuit."
41 D HIGH SPEED PURSUIT
Page 1. The policy is effective balancing risk when engaging in pursuit. Language for
terminating pursuit from Page 13, M -1 -a should be mirrored in the language for Page 5
for initiating pursuits.
Page 2. Bulleted items should include pedestrians, population density and nature of area.
Page 2, 2 paragraph. "...very strict guidelines will be outlined" could say "will be followed."
1575 Massachusetts Avenue, Lexington, MA 02420
Page 5, G -1 -6. Define "driving skills of operator" that has bearing on decision to pursue.
41H RACIAL AND GENDER PROFILING
No recommended changes.
41I PRELIMINARY INVESTIGATIONS
No recommended changes.
41 M SEARCH AND SEIZURE
Page 8. When discussing consent, there is no language about officer telling person "why" the
officer is requesting consent for a search. This maybe best inserted on Page 7.
Page 4, C- 1 -a -i. "...prevent destruction or concealment (add) of evidence ".
Page 5. Search of clothing; Committee discussion on what this section means in isolation and
within context of the document.
41 R HARASSMENT AND ABUSE
Overall — law has changed. Harassment is now arrestable and several sections need to reflect
this change in the law.
Page 2. Clarify term "malicious" by adding "cruelty, hostility or revenge with action or words. "
Page 3, top of page. Change to new law language.
Page 4, ii. Add "return of service" to be given to the court.
Page 5. Spell out all of the acronyms.
Page 6, top of page ii. Add "officer" to clarify who has statutory right of arrest.
Page 6, d, ii, (a). Clarify this paragraph, it is confusing.
Page 6, 3, iii. Officer "serving" the order will sign and submit order.
Page 9. For clarity and format, move a. into the header and renumber the other sections.
Page 10. Start items vi and vii with "Investigator, as used in this section" and "Harass, as used in
this section."
42F EXECUTING SEARCH WARRANTS
No recommended changes.
42K DEAD BODIES
Change title to Death Scene Investigations.
Page 4. CPAC is an old acronym and is no longer used technically (but is used day to day by
officers). Need to work in the correct terminology.
420 STRUCTURE FIRES
Page 2 of 4
Page 4, section 5. Need to clarify for officers /public that the Fire Department is in command of
scene at fire incidents.
44B HANDLING YOUTHFUL OFFENDERS
Page 2. Change whom to who.
Page 9, b. i. Add to end of sentence, "A person would not qualify as an interested adult if he or
she, "
46A ALL HAZARDS PLAN (INCIDENT COMMAND SYSTEM (ICS))
Page 2. Spell out acronym NIMS .
Page 9, section U. Clarify that this pertains to a large arrest situation where the arresting officer
may not be able to accompany an arrestee, therefore identifying the officer and /or
photographing is important.
Page 5, I, 1. Make it clearer that the superior officer arriving on scene assumes the roll of
Incident Commander.
Generally. Policy talks about Police IC and not a more global approach. Policy should clarify
that the Police IC changes if an event involves other agencies and that the concept of
Unified Command will be applied.
46B SPECIAL OPERATIONS — EMERGENCIES, DISASTERS & SPECIAL EVENTS
Page 4, top item c. Reference to Adjutant General should include reference to Massachusetts
National Guard.
46C HOSTAGE NEGOTIATIONS
No changes recommended.
53A LINE INSPECTIONS
Generally. No definition of Line Inspection. Policy says what should be done, but should also
provide a clear distinction between Line and Staff inspection.
Page 2. Change language from performance file to performance notes. Once notes have been
included into a performance evaluation, the rough notes need not be kept.
71 A TRANSPORTING DETAINEES
Generally. There is a concern that an officer needs to maintain contact with a prisoner during
transport to insure detainee is healthy and alert. For example, maintaining a dialogue can
be helpful.
83C MOTOR VEHICL INVENTORY
No recommended changes.
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5. Next meeting scheduled for October 26, 2010 from 4:00 -6:00 p.m. at police station.
Policies to be covered include those not covered in May and September Meeting.
52A & 52B Internal Affairs
5 3 B Staff Inspection
5 5 C Death & Injury Notification
55D Line of Duty Deaths
83A Collection and Preservation of Evidence
83B Property and Evidence Control
41T Motorcycle Operations
41U Police Vehicle Operations
42E Search Warrant & Affidavits
46D Strikes and Labor Disputes
46E House Parties
81 A Communications Center
82A Records Management and Dissemination
82B CORI, CJIS and CHSB Usage
82C MDT /Laptop Use
6. Adjourn 6:04 p.m.
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