2017-06-07 Diversity Commission AgendaO ED,111
0
AGENDA
Edmonds Diversitv Commission
Edmonds Senior Center
220 Railroad Ave, Edmonds, WA 98020
Wednesday, June 7, 2017
6:OOPM — 8:OOPM
6:00 P.M. - CALL TO ORDER
1.
Roll Call
5 min.
2.
Approval of Agenda
5 min.
3.
Approval of May 3, and May 31, 2017 Meeting Summary
10 min.
4.
Public Comment (3 minutes per speaker)
15 min.
5.
Update from the city (Patrick and Adrienne)
Attendance code changes.
60 min.
6.
2017 Work Plan:
- Policy Group Update (20 min.)
- Partnership Group Update (20 min.)
- Events Group Update/4th of July parade planning (20 min.)
10 min. 7. Indigenous Day resolution discussion.
15 min. 8. New Business, Commissioner's corner.
Adjourn —
Next regular meeting: Wednesday July 12, 2017, 6 PM
Guiding Principles
To ensure we meet our responsibilities as a Commission, we agree to:
• start and end our meetings on time
• demonstrate our respect for our fellow Commissioners, the City of Edmonds, and the citizens we represent by: being present, being prepared, actively
listening, participating in meetings, completing our individual assignments, and holding ourselves accountable
• "step up and step back"
• establish goals and action plans that are results oriented
• establish subcommittees as needed
• engage in courageous, honest, and open dialogue when faced with difficult issues or questions
• utilize the "Ouch Rule" (assume positive intent; resist the temptation to be offended)
• embrace the education opportunities presented through the Commission meetings
• strive to make decisions by consensus. In a case where consensus cannot be reached after a reasonable attempt has been made, the Chairperson may call for a
majority vote.
CITY OF EDMONDS
DIVERSITY COMMISSION
May 3, 2017
COMMISSIONERS PRESENT
Ed Dorame — Chair
Maria Montalvo — Vice Chair left at 7:47 p.m.
Tung Bui
Diana White left at 7:49 p.m.
Dean Olson
Pat Valle arrived at 6:16
Councilmember Adrienne Fraley-Monillas,
ex officio
COMMISSIONERS ABSENT
Mario Brown
Donnie Griffin
STAFF PRESENT
Patrick Doherty, ED/CS Director
Cindi Cruz, ED/CS Program Coordinator
Misha Carter, Diversity Commission Coord.
1. Roll Call: Call to order at 6:01 p.m. Mario is absent and excused.
2. Approval of Agenda: The agenda amended and approved by consensus.
3. Approval of Meeting Summary of April 5 and April 21: Summary minutes approved as
submitted by consensus.
4. Public Comment: Ardeth Weed brought a yard sign with a welcoming message in 6
languages and advised the signs are available at Fabric of Life on Main Street in Edmonds.
5. Update from the City: Census letter and Diversity Commission response to swastika
incident — Patrick Doherty reviewed the letter regarding the recently initiated removal of
LGBTQ from the US Census Bureau count in 2020 sent to Senators Murray and Cantwell and
U.S. Representative Jayapal on behalf of the Commission. Ed read the letter aloud to the
Commission and audience. Diana asked how many people this would affect regarding the
LGBTQ population? Unknown and if the requirement to count the LGBTQ population is
removed there will be no way to know how many individuals are not counted. Maria
commented that a commonly used figure is 11 % of the population are LGBTQ based on
estimates. There was discussion on the ramifications of not counting this population group.
Maria discussed the swastika incident and read response by the Diversity Commission posted
on the Facebook page. Patrick discussed contents of handout for Commission reference:
code/mission, talking points, standard incident response, and business cards. Tung discussed
talking points regarding request to speak at Rotary and discuss immigration issues. Would not
speak on behalf of the commission but on behalf of himself. Talking points from protocol
really address being asked to speak on behalf of the Commission. Discussion regarding draft
code amendment about attendance to address concerns about attendance. Three consecutive
absences or four in one year if unexcused means a Commissioner would lose their position on
Commission. Provision for excusing absences are: let chair know and excusable reasons are
illness, work, and/or vacation in excess of two weeks. Consensus agreed to move draft for
Draft Meeting Summary
Diversity Commission
May 3, 2017
Page 1
10 O'A
approval by City Council. The grants program draft was reviewed for discussion. Vacancy on
commission has been advertised and applications are due 5/16. The Commission could meet
in special meeting to conduct interviews, select, and send to council for confirmation.
Consensus reached to have a special meeting on May 31 at 5 p.m. to interview.
6. Retreat review and discuss:
Discussion on revising code regarding attendance policy. Subtitle for Commission's mission
— for approval. Diversity, Inclusion, Equity. Go to retreat minutes: do you want this to be
written on agendas? Need to wordsmith for simplicity and conciseness. Could replace the
wording on the agenda in the footer. Patrick and Maria will work on wording and present at
next meeting. Diana thought there was really good discussion, nice to not to have to hurry; Ed
appreciated getting to know fellow commissioners better; Dean liked having the Council
members attend and express their opinions; Pat was sorry to have missed beginning of retreat,
spend more time on what motivates the different commissioners to be participants in the
commission; Diana states that sharing why they are in this work — could take turns at regular
meetings; Ed commented that everyone is different with different approaches and respectful
of each other.
7. 2017 Work Plan:
Policy Sub -group update: Ed stated he, Donnie and Pat had met with the Mayor and HR
Director at City. Ed discussed meeting with Mary Anne Hardie, HR Director. Ask same
questions of all and sent them ahead of time. Mary Ann stated the City goes through
Diversity training once every three years. Discussed how employment openings are
advertised. There are 24 out of 209 employees with the City that are identified as other than
white which is 11.4%. There are 65 females out of 209 — 31% of employee population. Ms.
Hardie is willing to work with Diversity Commission on issues of hiring practices. Next the
sub -group will interview Police Chief Compaan. Meet with City directors first then will be
meeting with community leaders. More emphasis in City policies to encourage applications
and hire diverse employee population. Slow process in changing policies for hiring. Gather
information and then disperse to commission as a whole, obtain feedback, and make
recommendations to City Council for improvements. Pat discussed meeting with Mayor
Earling. Mayor feels comfortable with directors, very good at delegating to directors,
encouraged sub -group to interview the directors. Question asked: How do you respond to
community that questions need for diversity commission — did not answer easily. Mayor
understands that commission is important. Did not know all of policies required of staff in
general to meet diversity requirements. General feeling that Mayor would be responsive to
commission issues/ideas. Diana asked if there was a mechanism to audit the City regarding
diversity policies. Could be self -audit or outside company reviewing the policies etc. hiring
and training. How does the commission go about making change happen regarding policies
on hiring and training city employees. Benchmark with comparable cities. Find cities to be
comparable and role models for Edmonds. Need to establish achievable targets for improving
diverse hiring practices and general employee policies. Encouraging that City is receptive.
Partnership Sub -group update: Need updated partner list and encourage partners to share
information with Diversity Commission. Web page will have resource listing by headings and
topics. Partners could be in Edmonds, Snohomish County, and/or State of WA. What and
how do they serve the Edmonds community? Identify real people in these organizations as
points of contact.
Draft Meeting Summary
Diversity Commission
April 5, 2017
Page 2
Events Sub -group update: Tung discussed events and agrees that mini grants could have a
tremendous impact without having to have commission work on. Youth event based on
World Caf6 have at school; Fourth of July need to start planning now, partnership groups,
church groups, Edmonds Indivisible, coordinate for participation; fall speaker series or event
with churches are successful in this type of thing contact United Methodist Church for
partnership ideas; World Caf6 for adults hopeful for wider audience; movie/film series
Patrick discussing with Edmonds Theater, ECA wants to be involved but thought it would be
better at smaller venue than the ECA. Monday afternoons or evening at movie theater could
be a good time to hold film series; run through academic year start in fall, commissioner to
attend and speak at each event. Asked Patrick to forward e-mail regarding film series.
Commissioners prefer film series over speaker series. Focus on four events and drop speaker
series at this time. Patrick will get some budget info on film series. There should be ample
budget for one grant request this year. Approve items by consensus to move forward.
8. Indigenous Day resolution:
Establish timeline and workflow. Diana will work with policy committee on this project.
Meet with Patrick on resolutions to determine how best to proceed. Will bring subject back to
commission in August for approval by City Council well in advance of October date. This
will allow ample time to be publicized.
9. New Business, Commissioner's Corner:
Adiourn: 7:50 PM — Next regular meeting: June 7, 2017, 6 PM
Draft Meeting Summary
Diversity Commission
April 5, 2017
Page 3
CITY OF EDMONDS
DIVERSITY COMMISSION
May 31, 2017
COMMISSIONERS PRESENT
Ed Dorame — Chair
Maria Montalvo — Vice Chair
Tung Bui
Diana White.
Dean Olson, arrived at 5:11 p.m.
Donnie Griffin
ELECTED OFFICIALS PRESENT
Councilmember Dave Teitzel
Roll Call: Call to order at 5:01 p.m.
COMMISSIONERS ABSENT
Pat Valle
Mario Brown
Councilmember Adrienne Fraley-Monillas,
ex officio
STAFF PRESENT
Cindi Cruz, ED/CS Program Coordinator
2. Approval of Agenda: The agenda approved by consensus.
3. Public Comment: None
4. Interview applicants for vacant commissioner position: Applicants chosen for interviews
are: Anabel Hovig, Kelsey Foster, and Sarah Mixson. Each applicant gave an overview of
why they want to be part of the Diversity Commission and information about themselves.
There was a question and answer period at the conclusion of each 20 minute interview.
5. Potential appointment of new commissioner: After deliberation Sarah Mixson was chosen
by consensus to fill the vacant commissioner position. Ms. Mixson will be interviewed and
confirmed by the City Council at a June council meeting.
Adiourn: 6:24 PM — Next regular meeting: June 7, 2017, 6 PM
Draft Meeting Summary
Diversity Commission
May 31, 2017
Page 1
CH|EF5EXPECTAT|0NS
April 26,ZO17
Congratulations on you/ recent appointment as Police Officer f* Class. | welcome you to the city ofEdmonds.
|amhonored tolead the finest group ofproud and professional members ofthe Edmonds Police Department.
It is important for me that you embrace several key points — not only now — but during your entire career as a
law enforcement officer.
You were hired because | have utmost confidence |nyou and your abilities. Asyou may bewell are aware,
there is much competition for law enforcement positions, and only a handful of applicants are able to pass
through all the hoops toget hired, tograduate from basic academy, and t0complete probation, You are one 0f
the fortunate few who is now welcomed into a highly regarded profession. With that welcome, however,
comes serious responsibility to earn and maintain the public's trust.
Many applicants in the application or hiring process are found early -on to have background problems — issues
that are indicative ofpoor judgment, particularly in the areas ofquestionable honesty and integrity, | do not
expect you to instantly know all there is to know about police work. But I absolutely do expect you to model at
all dmes—on and off duty ' our basic Department values: Service' Integrity, Respect, Stewardship.
The behavior of each member of our organization reflects on all members. One thoughtless act; one
intentional misdeed; one careless comment — any of these has the potential to end up on the front page of the
newspaper and, at best causes embarrassment to our department or, at worst' causes erosion of the trust in
the eyes of the public we serve. In short, we must maintain the highest ethical standards of conduct: doing the
right thing—evenwhennooneis|ooking.
I expect you to abide by the laws we enforce, There is no tolerance whatsoever for any criminal activity, on or
off duty. No tolerance — none. in addition, the people we serve must be treated with dignity and their civil
rights must be respected. Deliberate violations of civil rights, illegal profiling, discrimination, or harassment will
not betolerated.
Honesty and integrity are absolutes. Any member who delivers anything less harms our entire organization
and brings shame toour profession. Deceitfulness and dishonesty have no place and will not be tolerated. You
are expected to maintain these standards for yourself. You are also expected to report misconduct on the part
of any member of this department to a supervisory member. It is imperative that we honestly and consistently
police ourselves, and that we hold ourselves to an even higher level of accountability than is expected of the
general public, This is essential in order to maintain public confidence in our integrity as individual members
and inthe police department asawhole. .
Similady, I expect you to conduct yourself appropriately within the workplace as you go about your daily
business with your fellow employees. I expect interpersonal contacts with fellow department members to be
courteous and professional atall times. Noone should be subjected to anything less. | also expect you to
comply with legal orders and directives from supervisors and managers. Insubordination undermines the
effective functioning of this organization.
You have chosen an outstanding and rewarding profession. I thank you for your hard work and dedication
going forward as you embark upon this career. Each of us has a part in maintaining professionalism of this
organization; earning the public's trust and confidence; and maintaining and protecting the integrity and
reputation ofthe Edmonds Police Department.
Edmonds Police
Department
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Policy Manual
Discriminatory
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328.1 PURPOSE AND SCOPE
This policy iSintended hnprevent department members from being subjected todiscrimination or
sexual harassment.
328.2 POLICY
The Edmonds Police Department is an equal opportunity employer and is committed to creating
and maintaining a work environment that is free of all forms of discriminatory hanasonoent,
including sexual harassment and retaliation. The Department will not tolerate discrimination
against employees in hiring, p,nnnoUon, dischorge, connpensadon, fringe benefits and other
privileges of employment. The Department will take preventive and corrective action to address
any behavior that violates this policy or the rights it is designed to protect.
The non'dimornination policies of the Department may be more comprehensive than state or
federal law. Conduct that violates this policy may not violate state Or federal |avv but still could
subject member to discipline.
328.3 DISCRIMINATION PROHIBITED
328.3.1 DISCRIMINATION
The Department prohibits all forms of discrimination, including any employment -related action by
amember that adversely affects an applicant ormember and is based on race, co|or, ra|i0ion, sox,
oge, national origin or anceStry, genetic infnrrnation, dimabi|ity, military servine, moxu8| orientation
and other classifications protected by law.
Discriminatory hanag$rnent, including sexual harassment, is verbal or physical conduct that
demeans or shows hostility or aversion toward an individual based upon that individual's protected
class, It has the effect ofinterfering with an individua|'swvod` performance or creating a hostile or
abusive work environment.
Conduct that may, under certain circumstances, constitute discriminatory harassment, can include
making derogatory oornnnenbs, crude and offensive statements or renna,ku, making slurs or
off-color jokea, abaneotyping, engaging in threatening acta, making indecent Qeaturem, pintunao,
cartoVnS, posters ormaterial, making inappropriate physical contact, or using written material or
department equipment and/or systems 10transmit or receive offensive nnateha|, statements or
pictures. Such conduct is contrary to department policy and to the department's commitment to
a discrimination free work environment,
328.32 SEXUAL HARASSMENT
The Department prohibits all forms of discrimination and discriminatory harassment, including
sexual harassment. It is unlawful to harass an applicant or a member because of that person's sex.
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Discriminatory Harassment
Sexual harassment includes, but is not limited to, unwelcome sexual advances, requests for sexual
favors or other verbal, visual or physical conduct of a sexual nature when. -
(a) Submission to such conduct is made either explicitly or implicitly a term Or condition Of
employment position 0rcompensation.
(b) Submission to, Or rejectionof, such conduct iaused eothe basis for employment decisions
affecting the member,
(o) Such Conduct has the purpose or effect ofsubstantially interfering with a m6NRber'awork
performance or creating an intimidating, hostile, or offensive work environment.
328.33 ADDITIONAL CONSIDERATIONS
Discrimination and discriminatory harassment do not include actions that are in accordance with
established rules, principles o/standards, including:
(a) Acts or omission of acts based solely upon bona fide occupational qualifications under the
Equal Employment Opportunity Commission (EE{}C) and the Washington State Human
Rights Commission.
(b) Bona fide requests or demands by a supervisor that a member improve his/her work quality
oroutput, that the member report tothe job site untime, that the member comply with City
or department rules or regulations, o/ any other appropriate work -related communication
between supervisor and member.
328.34 RETALIATION
Retaliation is treating a person differently or engaging in acts of reprisal or intimidation against
the person because he/she has engaged in protected activitv, filed a charge of discrimination,
participated in on investigation or opposed a discriminatory practice. Retaliation will not be
328.4 RESPONSIBILITIES
This policy applies to all department personnel. All members shall follow the intent of these
guidelines in a manner that reflects department policy, professional law enforcement standards
and the best interest of the Department and its mission.
Members are encouraged to pnunnpdk/ report any discriminatory, retaliatory orharassing conduct
orknown violations Cfthis policy to asupervisor. Any member who isnot comfortable with reporting
violations of this policy to his/her immediate supervisor may bypass the chain of command and
make the report to o higher ranking supervisor o,manager. Complaints may also befiled with the
Chief o/Police, Human Resources Manager orthe Mayor.
Any member who be|ieves, in good faith, that he/she has been discriminated ogainnt, harassed`
subjected to rafo|iation, or who has observed harassment Ordiscrimination, is encouraged to
promptly report such conduct in accordance with the procedures set forth in this policy.
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Edmonds Police Department
Policy Manual
Discriminatory Harassment
Supervisors and managers receiving information regarding G|kaoed violations of this policy shall
determine if there is any basis for the allegation and shall proceed with resolution as stated below,
3284.1 SUPERVISOR RESPONSIBILITY
Each supervisor and manager shall:
(a) Continually monitor the work environment and strive to ensure that it is free from all types
of unlawful djsorirninohun, including harassment or retaliation.
(b) Take prompt' appropriate action within their work units to ovoid and minimize the incidence
of any f0nn of discrimination, harassment or retaliation.
(o) Ensure their subordinates understand their responsibilities under this policy.
(d) Ensure that members who make complaints or who oppose any unlawful employment
practices are pnJbsc&ad from retaliation and that such matters are kept confidential to the
extent possible.
(e) Notify the Chief of Police in writing of the circumstances surrounding any reported allegations
or observed acts of discrimination/harassment no later than the next business day.
328.4.2 SUpERV|SDR'BROLE
Because of differences in individual ma|uee, supervisors and rnaOoge:a may find it difficult to
recognize that their behavior orthe behavior of others is d|surinoiOatOry, harassing or retaliatory.
Supervisors and managers shall beaware ofthe following considerations:
(o) Behavior of supervisors and managers should represent the values of the Department and
professional law enforcement standards,
(b) False or mistaken accusations of discrimination, harassment or retaliation have negative
effects on the careers of innocent members,
(n) Supervisors and managers must act promptly and responsibly in the resolution of such
situations.
(d) Supervisors and managers shall make odme|y determination regarding the substance of
any allegation based upon all available facts.
Nothing inthis section oh@U be construed to prevent supervisors or managers from discharging
supervisory or management respOnsib||himo, such as determining duty anaignnlento, evaluating
or counseling members or issuing d|su|pUne, in a manner that is consistent with established
328.6 INVESTIGATION OF COMPLAINTS
Various methods ofresolution exist. During the pendency ofany such investigation, the supervisor
of the involved members should take prompt and reasonable steps to mitigate or eliminate
any continuing abusive or hostile work environment. It in the policy of the Department that
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Edmonds Police Department
Policy Manual
Discriminatory Harassment
all oorno(GiDts of discrimination or harassment shall be fU|k/ documented, and promptly and
thoroughly investigated. The participating or opposing member should be protected against
reba|iadon, and the complaint and related investigation should be kept confidential to the extent
328.51 SUPERVISORY RESOLUTION
Members who believe they are experiencing discrnninotioO, harassment or retaliation Shuukj be
encouraged to inform the individual that his/her behavior is unwelcome, offensive, unprofessional
or inappropriate, Hovvever, if the member feels unConnfodGb|o,-threatened or has difficulty
expressing him/her ouncern, or if this dnao not resolve the oonoorn, assistance should be sought
from a supervisor or manager who is a rank higher than the alleged transgressor.
528.52 FORMAL INVESTIGATION
|fthe complaint cannot be satisfactorily resolved through the process described Gbov8, aform@|
investigation will be conducted.
The member assigned to investigate the complaint will have full authority to investigate all aspects
of the complaint. Investigative authority includes access to records and the cooperation of any
members involved. No influence will be used to suppress any complaint and no member will be
subject to retaliation or reprisal for filing 8 oomp|8|nt, encouraging others to file a complaint or for
offering testimony o/evidence inany investigation.
Formal investigation ofthe complaint will beconfidential tothe extent possible and will include, but
not be limited to, details of the specific incident, frequency and dates of occurrences and names
ofany witnesses. Witnesses will be advised regarding the prohibition against retaliation, and that
ud\ncip|inory process, up to and including te/mination, may result if retaliation occurs,
Members who believe they have been discriminated aga|nst, harassed or retaliated against
because uftheir protected status are encouraged to follow the chain of command but may also
file a complaint directly with the Chief of Police, Human Resources Manager, or the Mayor.
328.5.3 ALTERNATIVE COMPLAINT PROCESS
No provision of this policy oh8U be construed to prevent any mennbo, from seeking legal redress
outside the Department. Members who believe that they have been hmnassed, discriminated or
retaliated against are entitled to bring complaints of employment discrimination to federal, 3daha
and/or local agencies responsible for investigating such allegations. Specific time limitations apply
to the filing of such charges. Members are advised that proceeding with complaints under the
provisions of this policy does not in any way affect those filing requirements.
328.6 NOTIFICATION C}FDISPOSITION
The complainant and/or victim will be notified in writing of the disposition of the investigation and
the action taken to oyrn8dy mraddress the circumstances giving rise to the complaint.
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Edmonds Police
Department
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Discriminatory Harassment
328.7 DOCUMENTATION QFCOMPLAINTS
All complaints or allegations shall be thoroughly documented on forms and in a manner designated
by the Chief of Police, The outcome of all reports shall be:
^ Approved bythe Chief ofPolice, Mayor orthe Human Resources Manager, if more
Maintained for the period established in the department's records retention schedule.
328.8 TRAINING
All new members shall be provided with a copy of this policy as part of their orientation, Disputes
arising out of the interpretation and enforcement of this policy and procedure shall he resolved
through the established Grievance Procedure.
328.8.1 QUESTIONS REGARDING DISCRIMINATION {}RSEXUAL HARASSMENT
Memberswith questions regarding discrimination orsexual harassment are encouraged tocontact /
�
a supervisor, manager, the Chief of Police, Human Resources Manager or the Mayor, or they may
contact the Washington State Human Rights Commission at 800-233-3247.
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Edmonds Police
Department
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Policy Manual
Conduct
U) Disclosing or soliciting for financial or personal gain any information, ohubogngDh or video
obtained or accessed as a result of employment with the Department.
(N Undertaking financial obligations which the employee knows or reasonably should know
they will b8unable tomeet o[failure tomanage their finances insuch amanner that such
a failure effects business operations or the reputation of the Edmonds Police Department.
(|) Seeking restraining n[de[a against individuals encountered in the line ofduty without the
expressed permission of the Chief of Police,
(nn) Discourteous or disrespectful treatment of any member of the public or any member of this
Department Dranother law enforcement agency.
(n) Unwelcome solicitation cf apersonal orsexual relationship while onoroff-duty orthrough
the use ofofficial capacity.
(o) Engaging in on -duty sexual na|abOns inu|uding, but not limited to sexual intercourse,
excessive displays ofpublic affection orother sexual contact.
(p) The use of any info/nlatiOn, phohoonaph, video or other recording obtained or accessed as
a result ofemployment with the Department for personal or financial gain or without the
expressed authorization of the Chief of Police or his/her designee may result in discipline
under this policy.
340.3,3 DISCRIMINATION
(a) Oisodrninohs against any person because of age, raoe, color, creed, religion, sex, sexual
orientation, national ohgin, onoestry, marital status, physical or mental disability nrmedical
(b) Violation of Departmental or City policies prohibiting discrimination and harassment.
340.34 INTOXICANTS
(a) Reporting for work or being at work following the use of intoxicants xvhens such use may
impair the employee's ability to perform assigned duties or where there in an immediate
suspicion of ineffectiveness during public contact naau|Ung from the use of intoxicants.
Employees shall not consume intoxicants less than six (D) hours prior to the beginning of
theirshift.A breath alcohol reading of.01%or@n employee's refusal tQtake g breath alcohol
examination shall because for immediate suspension. Employees shall not drink intoxicating
beverages while in uniform with the exception of attendance at officially sanctioned multi -
agency events where o dress uniform is expected by event organizers. Under such
circumstances, employees shall not consume alcohol in amounts which would impair their
ability tOdrive. In no event shall alcohol use in dress uniform bring discredit tothe uniform
orthe profession.
(b) Consumption of alcohol off duty to the extent that it results in actions or behaviors which
bring discredit to the Edmonds Police Department or the law enforcement profession.
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Edmonds Police
Department
�-uMOC>�u� / {JU�� Policy Manual
Racial-
U ��~ �� �� Profiling
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402.1 PURPOSE AND SCOPE
This policy provides guidance to department members and establishes appropriate controls to
ensure that employees ofthe Edmonds Police Department donot engage inracial- orbias-based
profiling or violate any related laws while serving the community.
4021J DEFINITION
Definitions related tOthis policy include:
Racial- or bias -based profiling - An inappropriate reliance on teohons such as oapa, e1hnicitv,
national origin, reUOion, oex, sexual orientation, economic status, age, cultural group, disability
or affiliation with any other similar identifiable group as m factor in deciding whether to take law
enforcement action or to provide service.
4022 POLICY
The Edmonds Police Department is connrnbhad to providing law enforcement services tVthe
onmnnunhv with du* regard for the rada|, cultural or other differences of those served. It is the
policy ofthis department b)provide law enforcement services and toenforce the law equally, fairly
and without discrimination toward any individual or group,
Rooe, ethnicity or nationality, /e|igion, seu, sexual orien\aton, economic statue, mge, oJkuxe|
group, disability or affiliation with any other similar identifiable group shall not be used as the basis
for providing differing levels of law enforcement service or the enforcement of the |mvv.
402.3 RACIAL- ORBIAS-BASED PROFILING PROHIBITED
Racial- orbias-based profiling is strictly prohibited. However, nothing in this policy is intended
to prohibit an officer from considering factors such as race or ethnicity in combination with other
legitimate factors to establish reasonable suspicion or probable cause (e.B . suspect description
islimited t0aspecific race orgroUp).
402.31 OTHER PROFILING PROHIBITED
The Edmonds Police Department also condemns the illegal use of an individual or group's attire,
appearance or mode of transportation, including the fact that an individual rides m motorcycle
or wears motorcycle -related panapherna|ia, as a factor in deciding to Stop and question, bake
enforcement ootion, mrnaat or search a person or vehicle with or without a legal basis under the
United States Constitution or Washington State Constitution (RCW 43.101.410).
402.4 MEMBER RESPONSIBILITY
Every member ofthis department shall perform his/her duties in m fair and objective manner and
is responsible for promptly reporting any known instances of racial- or bias -based profiling to a
supervisor.
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Policy Manual
402.41 REASON FOR DETENTION
Officers detaining a person shall be prepared toarticulate sufficient reasonable suspicion tojUsdfv
the detention, independent of the individual's membership in a protected class.
Tothe extent that written documentation would otherwise be completed (e.Q,arrest report, Field
Interview card), the involved officer should include those facts giving rise to the officer's reasonable
suspicion 0rprobable cause for the detention, osapplicable.
Nothing in this policy shall require any officer to dOnum*rd a contact that would not otherwise
require reporting.
402.5 SUPERVISOR RESPONSIBILITY
Supervisors shall monitorthoseindividuals under their command for any behaviorthatmay conflict
with the purpose of this policy and ahoU handle any alleged or observed violation of this policy in
accordance with the Personnel Complaints Policy.
(a) Supervisors should discuss any issues with the involved officer and his/her supervisor in
atimely manner.
(b) Supervisors shall initiate investigations of any actual or alleged violations of this policy.
(c) Supervisors should ensure that no retaliatory action is taken against any member of this
department who discloses information concerning racial- or bias -based profiling.
402.6 STATE REPORTING
Subject to any fiscal constraints, the Field Services Assistant Police Chief should review available
data related to traffic stops` including demographic data, existing pnmcedupes, practices and
tnsinin0, as well as complaints. The data should be analyzed for any patterns or other possible
indicators of racial- or bias -based profiling and included in on annual report for the Washington
Association ufSheriffs and Police Chiefs (RCVV43.1O1.41O(3)),
402.7 TRAINING
Each member ofthis department will be required to complete an approved refresher training
course every five ynana. or sooner if deemed necessary, in order to keep current with changing
community trends (RCVV43.101410(c)).
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Policy Manual
Immigration Violations
~Ut^
428.1 PURPOSE AND SCOPE
The immigration status of individuals obme is generally not a matter for police action. It is
incumbent upon all employees of this department to make m personal commitment to equal
enforcement of the law and equal snn/ima to the public regardless of immigration status.
Confidence in this commitment will increase the effectiveness of the Department in protecting and
serving the entire community,
438.2 DEPARTMENT POLICY
The U.S. Immigration and Customs Enforcement (ICE) has primary jurisdiction for enforcement
ufthe provisions of Title 8. United States Code (U.S.C.) dealing with illegal entry. When assisting
ICE at its specific request, or when suspected criminal violations are discovered as a result of
inquiry orinvestigation boned On probable cause originating from activities other than the isolated
violations of Title O. U.S.C., G8 1304. 1324. 1325 and 1326. this department may assist in the
enforcement of federal immigration laws.
428.3 PROCEDURES FOR IMMIGRATION COMPLAINTS
Persons wishing to report immigration violations should be referred to the local office of the U.S.
Immigration and Customs Enforcement (ICE). The Employer Sanction Unit of ICE has primary
jurisdiction for enforcement of Title 8, U.S.C.
428.31 BASIS FOR CONTACT
Unless immigration status is relevant to another criminal offense 0rinvestigation (e.g., harboring,
smuggling, 1error|srn), the foot that an individual is suspected of being an undocumented alien
shall not bathe SO|* basis for contact, detention or arrest.
4283.2 SWEEPS
The Edmonds Police Department does not independently conduct sweeps orother concentrated
efforts to detain suspected undocumented aliens.
When enforcement efforts are increased in a particular area, equal consideration should be given
to all suspected violations and not just those affecting o particular raoe, ethnicity, age. Qend8r,
sexual orientation, r8|i0ion. socioeconomic status or other group.
The disposition of each contact (e.g., warning, citation, arrest), while discretionary in each case,
should not be affected by such factors as race, ethnicity, age, gender, sexual orientation, religion
orsocioeconomic status.
428.33 ICE REQUEST FOR ASSISTANCE
If specific request is made by ICE or any other federal aQenoy, this department will provide
available support s8rvioes, such as traffic control or peacekeeping ofhorte, during the federal
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W1emUenS of this department should not participate in such federal Operations as part Of any
detention team unless it is in direct response to e request for assistance on a temporary basis
orfor officer Sehyh/. Any detention by 8 member ofthis department should be based upon the
reasonable belief that an individual is involved in criminal @Ctivity.
428.3.4 IDENTIFICATION
Whenever any individual is reasonably suspected of a criminal violation (infraction, misdemeanor,
or felony), the investigating off icer should take reasonable steps to determine the person's identity
through valid identification or other reliable sources.
If an individual would have otherwise been released for an infraction or misdemeanor on a citation,
the person should be taken to the station and given e reasonable opportunity toverify his/her
true identity (e.g,telephone oaUs). |fthe person'a identity iSthereafter reasonably established,
the original citation release should be completed without consideration of immigration status.
428.3.5 ARREST
If the officer intends to take enforcement action and the individual is unable to reasonably establish
his/her true identity, the officer may take the person into custody on the suspected criminal violation
(RCVV1O.31AOO).Afield supervisor shall approve all such arrests.
428.3.0 B{}OhJN{3
If the officer is unable to reasonably establish an arreStee'a iden1ity, the individual may, upon
approval of a supervisor, be booked into jail for the suspected criminal violation and held for bail.
Any person detained for an infraction pursuant to the authority of RCVV 48.61.021. may be
d9tained, upon approval of supervisor, for a reasonable period for the purpose of determining
the panonn'ntrue identity.
428.37 NOTIFICATION DFIMMIGRATION AND CUSTOMS ENFORCEMENT
If an officer believes that an individual taken into custody for @ felony is also on undocumented
alien, ICE should be notified by the arresting officer a0 that they may consider placing on
"immigration hold" on the individual.
438.4 CONSIDERATIONS PRIOR TO REPORTING TO ICE
The Edmonds Police Department is concerned for the safety of local citizens and thus detection
of criminal behavior is of primary interest in dealing with any person. The decision to arrest shall
be based upon those factors which establish probable cause and not on arbitrary aspects. Race,
ethnioity, age, gender, sexual orientation. re|i8ion, and socioeconomic status alone are of no
bearing 0nthe decision h]arrest.
All individua|s, regardless of their immigration St8tua, must feel secure that contacting law
enforcement will not make them vulnerable to deportation. Members should not attempt to
determine the immigration s181Us of crime victims and witnesses or take enforcement action
against them absent exigent circumstances or reasonable cause to believe that crime victim
or witness is involved in violating criminal |avvo. {5enengUy, if an officer suspects that a victim
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or witness is an undocumented immigrant, the officer need not report the person to ICE unless
circumstances indicate such reporting is reasonably necessary.
Nothing in this policy is intended to restrict officers from exchanging legitimate law enforcement
information with any other federal, state or local government entity (Title 8 U.S.C. §1373 and 8
U.S.C. § 1644).
428.4.1 U-VISA/T-VISA NONIMMIGRANT STATUS
Under certain circumstances, federal law allows temporary immigration benefits to victims and
witnesses of certain qualifying crimes (8 USC § 1101(a)(15)(U and T)). A declaration/certification
for a U-Visa/T-Visa from the U.S. Citizenship and Immigration Services must be completed on the
appropriate U.S. Department of Homeland Security (DHS) Form 1-918 or 1-914 by law enforcement
and must include information on how the individual can assist in a criminal investigation or
prosecution in order for a U-Visa/T-Visa to be issued.
Any request for assistance in applying for U-Visa/T-Visa status should be forwarded in a timely
manner to the Detective Unit sergeant assigned to supervise the handling of any related case.
The Detective Unit sergeant should do the following:
(a) Consult with the assigned detective to determine the current status of any related case and
whether further documentation is warranted.
(b) Review the instructions for completing the declaration/certification if necessary. Instructions
for completing Forms 1-918/1-914 can be found on the U.S. DHS web site at http:H
www.uscis.gov/portal/site/uscis,
(c) Contact the appropriate prosecutor assigned to the case, if applicable, to ensure the
declaration/certification has not already been completed and whether a declaration/
certification is warranted.
(d) Address the request and complete the declaration/certification, if appropriate, in a timely
manner.
(e) Ensure that any decision to complete or not complete the form is documented in the case file
and forwarded to the appropriate prosecutor. Include a copy of any completed certification
in the case file.
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Policy Manual
1050.1 PURPOSE AND SCOPE
The purpose Vfthis policy is to ensure equal opportunity and effective employment practices bv
avoiding actual or perceived favoritism, discrimination, or actual or potential conflicts of interest by
or between members of this department, These employment practices include: recruiting, testing,
hiring, compensation, osaiQnnment, use of facilities, access to training opportunities, supervision,
performance appraisal, discipline and workplace safety and security.
1050]1 OEF|N|T|[}N3
Business relationship - Serving as an ernp|oyee, independent non1nuohor, compensated
consultant, ovvnar, board rnennber, shareholder or investor in an outside businesa, onmpony,
partnership, uorponation, venture or other transaction vvheno the Department employee's annual
interest, compensation, investment orobligation iugreater than $250.
Conflict ofinterest ' Any entun|, perceived or potential conflict ofinterest in which it reasonably
appears that adepartment employee's aotinn, inaction or decisions are or may be influenced by
the employee's personal or business relationship.
Nepotism The practice of showing favoritism to relatives in appointment, employment, promotion
or advancement by any public official in a position to influence these personnel decisions.
Personal relationship - Includes marriage, cohabitation, dating or any other intimate relationship
beyond mere friendship.
Public official - A superviaor, officer or employee who is vested with authority by |axv, rule or
regulation, ortowhom authority has been delegated.
Relative -An employee's pa/ent, steppopent, spousn, domestic padner, significant other, child
(noture|, adopted or step), sibling or grandparent,
Subordinate '/\n employee who issubject tothe temporary Vrongoing direct or indirect authority
of@supervisor,
Supervimor-An employee who has temporary or ongoing direct or indirect authority over the
actions, decisions, evaluation and/or performance ofosubordinate employee,
1050.2 RESTRICTED DUTIES AND ASSIGNMENTS
The Department does not prohibit all personal orbusiness relationships between employees.
However, in order to avoid nepotism or other inappropriate conflicts, the fo||nvvinA reasonable
restrictions ahoU apply:
(e) Employees are prohibited from directly aupervising, occupying o position in the line of
supervision or being directly supervised by any other employee who is a relative 0rwith
whom they are involved in a personal or business relationship.
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If circumstances require that such 8 supervisor/subordinate relationship exist
1en)pOGahk/, the supervisor shall make every reasonable effort to defer matters
pertaining tothe involved employee to@nuninvolved supervisor,
2� When personnel and circumstances permit, the Department will attempt to make
every reasonable effort toavoid placing employees in such supervisor/subordinate
situations. The Dapartmnmnt, however, reserves the right hJtransfer 0rreassign any
employee hoanother position within the same classification inorder to avoid conflicts
with any provision of this policy.
(b) Employees are prohibited from participating in, contributing to or recommending promotions,
essiQnnnonta, performance eva|Vadions, transfers nrother personnel decisions affecting an
employee who is e relative or with whom they are involved in a personal or business
relationship.
(c) Whenever possible, FTOs and other trainers will not be assigned to train relatives. FTOo
and other trainers are prohibited from entering into or maintaining personal or business
relationships with any employee they are assigned to train until such time as the training
has been successfully completed and the employee isoff probation.
(d) To avoid gc1Ua| or perceived conflicts of interest, members of this department shall refrain
from developing or maintaining personal or financial relationships with victims, witnesses or
other individuals during the course oforas adirect result ofany official contact.
(e) Except as required in the performance of official duties or, in the case of immediate
ne|ahves, employees shall not develop or maintain personal or financial relationships with
any individual they know orreasonably should know is under criminal investigation, is
convicted ha|on, parolee, fugitive. or registered sex offender, or who engages in serious
violations of state or federal laws,
1050.2.1 EMPLOYEE RESPONSIBILITY
Prior toentering into any personal Or business relationship or other circumstance which the
employee knows or reasonably should know could create a conflict of interest or other violation of
this policy, the employee shall promptly notify his/her uninvolved, next highest level ofsupervisor.
Whenever any employee iGplaced incircumstances that would require the employee to take
enforcement action or provide official information or services to any relative or individual with
whom the employee is involved in a personal or business relationship, the employee shall promptly
notify his/her uninvolved, immediate supervisor. In the event that no uninvolved supervisor is
immediately avai|ab|e, the employee shall promptly notify dispatch to have another uninvolved
employee either relieve the involved employee or minimally remain present tnwitness the action.
1050.2.2 SUPERVISORS RESPONSIBILITY
Upon being notified of, or otherwise becoming aware of any circumstance that could result in or
constitute an actual or potential violation of this policy, a supervisor shall take all reasonable steps
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to promptly mitigate or avoid such violations, whenever possible. Supervisors shall also promptly
notify the Chief of Police of such actual or potential violations through the chain of command.
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