Penalty for FTC violation
(1) Any person found guilty of a violation of section 18-3124, 18-3125A or 18-3127, Idaho Code, is guilty of a misdemeanor. In the event that the retail value of the goods obtained or attempted to be obtained through any violation of the provisions of section 18-3124, 18-3125A or 18-3127, Idaho Code, exceeds three hundred dollars ($300), any such violation will constitute a felony, and will be punished as provided in this section. Any person found guilty of a violation of section 18-3125, 18-3126 or 18-3126A, Idaho Code, is guilty of a felony.
(2) For purposes of this section, the punishment for a misdemeanor shall be a fine of up to one thousand dollars ($1,000) or up to one (1) year in the county jail, or both such fine and imprisonment.
(3) For purposes of this section, the punishment for a felony shall be a fine of up to fifty thousand dollars ($50,000) or imprisonment in the state prison not exceeding five (5) years, or both such fine and imprisonment.
Powers of enforcement personnel
(a) Any peace officer, as defined by this act, may:
(1) Carry firearms in the performance of his official duties;
(2) Execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas, and summonses issued under the authority of this state;
(3) Make arrests without warrant for any offense under this act committed in his presence, or if he has probable cause to believe that the person to be arrested has committed or is committing a violation of this act which may constitute a felony or a misdemeanor;
(4) Make seizures of property pursuant to this act.
(b) The director of the Idaho state police shall administer the state-level program of Idaho to suppress the unlawful traffic and abuse of controlled substances and shall have the authority to appoint and commission agents to enforce the provisions of this act.
(c) All duly authorized peace officers while investigating offenses under this act in the performance of their official duties, and any person working under their immediate direction, supervision, or instruction, provided such person shall not deviate from the lawful direction of the peace officer, are immune from prosecution under this act.
Passing vehicles proceeding in opposite directions
Drivers of vehicles proceeding in opposite directions shall pass each other to the right. Upon highways having width for not more than one (1) line of traffic in each direction, each driver shall give to the other at least one-half the main traveled portion of the highway as possible.
Overtaking a vehicle on the left
The following shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special requirements stated:
(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
(2) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
Passing on the RIght
(1) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
(a) When the vehicle overtaken is making or about to make a left turn;
(b) Upon a highway with unobstructed pavement of sufficient width for two (2) or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.
(2) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. That movement shall not be made by driving off the roadway.
Limitations on overtaking on the left
No vehicle shall be driven to the left side of the center of the highway in overtaking and passing another vehicle proceeding in the same direction, unless the left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within two hundred (200) feet of any approaching vehicle.
Further limitations on driving on left of center of highway
(1) No vehicle shall be driven on the left side of the highway under the following conditions:
(a) When approaching or upon the crest of a grade or a curve in the highway where the driver's view is obstructed within a distance as to create a hazard in the event another vehicle might approach from the opposite direction;
(b) When approaching within one hundred (100) feet of or traversing any intersection or railroad grade crossing, unless otherwise indicated by traffic control devices;
(c) When the view is obstructed upon approaching within one hundred (100) feet of any bridge, viaduct or tunnel.
(2) The foregoing limitations shall not apply upon a one-way highway, nor under the conditions described in subsection (1)(b) of section 49-630, Idaho Code, nor to the driver of a vehicle turning left into or from an alley, private road or driveway.
(3) A motorist may drive to the left of no passing pavement markings to complete a passing maneuver started in advance of the no-passing zone, providing the requirements of section 49-634, Idaho Code, are met.
(4) The provisions of this section do not apply under the conditions described in section 49-630(1)(b), Idaho Code, nor to the driver of a vehicle turning into, or from a highway.
Officers authorized to remove vehicles
(1) Whenever any peace officer finds a vehicle in violation of any of the provisions of section 49-659, Idaho Code, the officer is authorized to move the vehicle, or require the driver or other person in charge of the vehicle to move it to a position off the roadway.
(2) Any peace officer is authorized to remove or cause to be removed to a place of safety any unattended vehicle illegally left standing upon any highway in a position or under circumstances as to obstruct the normal movement of traffic.
(3) Any peace officer is authorized to remove or cause to be removed to the nearest garage or other place of safety any vehicle found upon a highway when:
(a) A report has been made that the vehicle has been stolen or taken without the consent of its owner; or
(b) The person or persons in charge of the vehicle are unable to provide for its custody or removal; or
(c) The person driving or in control of the vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before a proper magistrate without unnecessary delay.
(4) Whenever any peace officer finds a vehicle inoperable as a result of an accident and standing upon a highway, the officer is authorized to require the driver or other person in charge of the vehicle to have the vehicle removed from the scene of the accident to a position off the paved or main-traveled part of the highway. In the event that the owner of the vehicle is left incapacitated resulting from injuries suffered from the accident, the officer is authorized to have the inoperative vehicle moved from the scene to the nearest garage or other place of safety.
(5) A peace officer is authorized to require the removal from the main-traveled part of the highway cargo or debris caused by a motor vehicle accident, provided that:
(a) The accident occurs with no apparent serious personal injury or death; and
(b) The removal can be accomplished safely and the removal will result in the improved safety or convenience of travel on the highway.
(6) A transportation department employee in the exercise of the management, control and maintenance of a highway of the state highway system may assist in the removal from the main-traveled part of the highway cargo or debris caused by a motor vehicle accident when directed by a peace officer.
(7) Neither the peace officer nor transportation department employee, nor anyone acting under the direction of the officer is liable for damage to the motor vehicle, cargo or debris caused by reasonable efforts of removal.
(8) Nothing herein shall be construed to interfere with the duty of any city, county or state police officer to investigate and detect crime and enforce the penal, traffic or highway laws of this state or any political subdivision.
(a) Except when otherwise ordered by the director, or as otherwise posted, all parks of the city shall be open to the public every day of the year between the hours of 6:00 a.m. and 12:00 p.m.
(b) Lighting for athletic events shall not be permitted after 11:00 p.m., except when ordered by the director.
(c) Persons and vehicles shall be excluded from the parks of the city during hours of closure except for necessary transit through the parks.
Use of park property
(a) No person shall willfully mark, deface, disfigure, injure, tamper with or display or remove any buildings, tables, benches, fireplaces, railings, pavings, or other public properties or facilities or any part or parts thereof, nor tamper with nor remove any signs, notices, monuments, stakes, posts, or other boundary markers, or any other structures, equipment or facilities on park property, nor shall any person damage, cut, carve, transplant or remove any tree or plant, nor pick any flower or seedlings within any park of the city.
(b) No person shall attach any rope, wire, or other contrivance to any tree or plant.
(c) No person shall dig or otherwise disturb any grass areas of any park, or in any other way injure or impair the natural beauty of any park area.
(d) No person shall utilize any kind of chemical to induce the gathering or harvesting of worms or bait within any city park area.
(e) Section 8-31 of this code shall apply in all areas designated by the city as park properties. All dogs shall be required to be on a leash at all times when visiting city parks. Parties responsible for dogs shall clean up and remove any and all fecal matter deposited by dogs within or on park property. Responsible party shall mean any individual or person owning, possessing or having within their immediate vicinity, custody or control of a dog. Responsible persons who do not clean up after their dogs shall be guilty of a misdemeanor.
(f) Beer and wine may be possessed and consumed in city parks by permit only as provided in section 6-2 of this code.
No person in any park shall:(1) Prevent any person from using any park or any park facility, or interfere with any lawful use thereof.
(2) Swim, bathe, or wade in any water or waterways, or pool or fountain in any park, except in such places as are provided therefor and in compliance with such rules and regulations as are posted therefor.
(3) Use any portion of the picnic areas or any of the buildings or structures therein for the purpose of holding picnics to the exclusion of other purposes, nor use such areas and facilities for unreasonable lengths of time.
(4) Set up tents, shacks, or other temporary shelter for the purpose of camping, except by permission of the director.
(5) Participate in the playing of any games involving dangerous objects such as stones, arrows, or javelins, except in areas set apart for such forms of recreation by the director. Golfing or driving golf balls shall be prohibited except in duly constituted golf courses or driving ranges.
(6) Ride horses or other animals, except on designated bridle trails or roadways. Where permitted, horses shall be under proper restraint and shall not be permitted to be unattended.
(7) Violate the posted rules for the use of any tennis court.
(8) Expose or offer for sale any article or thing, nor station or place in a stand, cart, or vehicle for the transportation, sale or display of any article or object. This section shall not apply to regularly licensed concessionaires acting by and under the authority of the parks and recreation department of the city.
(9) Distribute, leave, or throw any advertising material or give away or otherwise distribute for advertising purposes any goods or wares within any park of the city.
(10) Paste, glue, tack, or otherwise post any signs, advertisements, or inscriptions whatever, except as may be authorized by the director.
No person in any park shall:
(1) Fail to obey any police officer or park and recreation department employee involved in directing traffic.
(2) Ride or drive a vehicle at a rate of speed exceeding fifteen (15) miles per hour, except where another speed is properly posted.
(3) Drive any vehicle on any area except paved park roads or parking areas, except as may be otherwise designated by the director.
(4) Park a vehicle in other than established or designated parking area.
(5) Leave a vehicle standing or parked after closing hours of the park.
(6) Double park any vehicle on any road or parkway, unless directed by a police officer or parks and recreation department employee.
Obedience to barriers, warning signals and flagmen
No person shall disregard warning signals or barriers lawfully placed in any street or the warning signal of a flagman stationed near any railroad crossing or other dangerous place or where authorized workmen are employed upon the streets.
Stopping, standing or parking prohibited in specified places
Except when necessary to avoid conflict with other traffic or in compliance with law or directions of a police officer or official traffic control device, no person shall:
(1) Stop, stand or park a vehicle:
a. On a crosswalk;
b. Within an intersection;
c. Upon a sidewalk, except that the provisions of this subpart shall not apply to bicycles; provided, that said bicycles shall not obstruct pedestrian traffic;
d. Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;
e. Upon or within any bridge, overpass, underpass, subway, tunnel or viaduct;
f. Upon any railroad tracks;
g. Upon any portion of any city park or recreation area, except within any officially designated parking area within city parks and recreation areas, and except that the provisions of this subpart shall not apply to bicycles; provided, that said bicycles shall not obstruct pedestrian traffic;
h. Within or upon any street, alley, lane or railroad right-of-way where the stopping, standing or parking of such vehicle will block, obstruct or prevent the free passage of other vehicles or railroad traffic within or upon said street, alley, lane or railroad right-of-way;
i. At any place where official traffic control devices or signs prohibit stopping or parking.
(2) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:
a. In front of any driveway;
b. Within fifteen (15) feet of a fire hydrant;
c. Within twenty (20) feet of a crosswalk at an intersection;
d. Within any mail-drop zone, except for the purpose of making deposits of mail in mailboxes within or directly adjacent to such zones; provided, however, that any standing or parking of any vehicle in any mail-drop zone which exceeds five (5) minutes shall be a violation of this subpart;
e. Within thirty (30) feet of any flashing signal, stop sign, yield sign or traffic control signal located at the side of a roadway;
f. Within twenty (20) feet of the driveway entrance to any fire station;
g. Within one (1) block of any place where a fire department is in the process of fighting a fire;
h. On the roadway edge of any vehicle stopped or parked at the edge of a street or highway (double parking);
i. Within any officially designated loading zone, except that this subpart shall not apply to any vehicle when such vehicle is actually engaged in loading or unloading goods, wares, merchandise, materials or passengers; provided, however, that this paragraph shall not authorize the parking or standing of any vehicle in violation of section 35-75 of this code;
j. Within any officially designated bus stop or taxi stand zone, except that the provisions of this subpart shall not apply to any bus, taxi or limousine which is properly licensed by all city, state and federal authorities and is being operated in the ordinary course of business;
k. Within five (5) feet of the intersection of an alley with another alley or street;
l. Within twenty (20) feet of the intersection or any combination of intersections of streets or railroad rights-of-way;
m. Upon any city-owned or city-operated property officially designated for use for vehicle parking by authorized city personnel only, except that this subpart shall not apply to the standing or parking of vehicles in such areas by authorized city personnel;
n. Within or upon any street, alley or railroad right-of-way where the standing or parking of such vehicle will block, obstruct or prevent any other vehicles from turning from a street, alley, lane or driveway onto another street, alley, lane or driveway;
o. At any place where official traffic control devices, signs or red painted curb prohibit stopping or parking.
(3) Park a vehicle, whether occupied or not, except temporarily, for the purpose of and while actually engaged in loading or unloading merchandise or passengers:
a. Within fifty (50) feet of the nearest rail of a railroad crossing;
b. At any place where official traffic control devices or signs prohibit stopping or parking.
(4) Park or store a vehicle upon any public right-of-way, street or alley, whether occupied or not, that is not currently registered by the state of Idaho or other competent jurisdiction.
(5) Park or store a vehicle that is not operable upon any public right-of-way, street or alley, whether occupied or not, for a period of forty-eight (48) hours.
(6) Park or store a vehicle upon any public right-of-way, street or alley, while performing repairs or alterations thereon, except for temporary, emergency repairs not to exceed seventy-two (72) hours.
(7) Park, stop or stand a vehicle, whether occupied or not, in a designated handicapped parking space, marked and signed, in conformance with section 37-148 of this code or Idaho Code, Section 49-213, unless a disabled occupant displays, on the vehicle, a special license plate or a special card for a person with a disability as provided for in Idaho Code, Section 49-410. Violations of this subsection shall be punishable as provided in Idaho Code, Section 49-213. Further, it shall be unlawful for any person who owns, leases or is in control of property where handicapped parking spaces are designated to allow any debris, merchandise, shopping carts or other items to accumulate so as to make a handicapped parking space unusable.
Modes, manners and types of parking prohibited
No person shall stop, stand or park any automobile, pickup truck, tractor, truck, truck trailer, travel-all, travel trailer, motorcycle, bicycle, moped, recreational vehicle, motor home or any other vehicle upon any street or alley in the city of Lewiston except when the stopping, standing or parking of such vehicle complies with all of the following requirements:
(1) In all areas where there are curbs all vehicles shall be parked parallel to the curb and not more than eighteen (18) inches therefrom except in such areas where official traffic control devices, signs, painting or curb markings specifically provide for other modes or manners of parking; and
(2) In all areas where there are no curbs all vehicles shall be parked parallel to the center line of the roadway; and
(3) No persons driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the ignition, effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the highway;
(4) Wherever the city has divided portions of the roadway surface by curb markings, street paint or other traffic control device into individual parking stalls, each vehicle standing or parked within such portion of the roadway shall be standing and/or parked solely within one individual parking stall;
(5) All vehicles which are parked or standing upon any city street or alley shall be parked or standing in such a manner that the vehicle is pointed in the same direction as the traffic which is in the traffic lane directly next to the vehicle.
Bicycle parking prohibited
Bicycles are prohibited from parking in spaces designed for motorized vehicles.
Municipal and airport parking lots, general regulations
(a) No person shall park any automobile, truck, truck trailer, travel-all, travel trailer, motorcycle, bicycle, moped, recreational vehicle, motor home, mobile home or other vehicle in any place within a municipal or airport parking lot except when such parking complies with the following regulations:
(1) Vehicles shall be parked only within officially designated parking spaces;
(2) All vehicles shall be parked in such a manner that each vehicle occupies only one parking space;
(3) Only trucks and oversize vehicles shall park within those parking spaces designated for trucks and oversize vehicle parking.
(b) Each vehicle parked, stopped or left to stand in a city parking lot shall be parked, stopped or left to stand in such a manner that it does not block, obstruct or impede the free flow of traffic through the parking lot.
Bus and taxicab
No driver of a bus or taxicab shall stand or park upon any street in a business district at any place other than at a bus stop or taxicab stand, respectively; provided, that this section shall not prevent the driver of any such vehicle from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in loading or unloading passengers.
Parking of commercial vehicles in residential zones
No person shall park any commercial vehicle, whether attended or unattended, upon the streets in any residential zone within the city for a period in excess of four (4) hours, except:
(1) For the purpose of loading and unloading passengers, materials or merchandise; or
(2) For any purpose incident to any lawful construction project or street maintenance project located within the immediate vicinity of such parked vehicle; or
(3) For those vehicles used in private enterprise on night-time calls as provided for in section 35-105(f).
Loading and unloading
Any person who shall load or unload from or into any vehicle designed for the carrying of goods, wares and merchandise any goods, wares or merchandise at or from any building situated within the city shall load or unload such vehicle only upon the street or alley at the rear of such building, in all cases where the rear of such building is accessible to a street or alley.
Internal Affairs Procedure
This procedure is established to ensure that complaints against members of the department will immediately, thoroughly and impartially be investigated in order to:
A. Maintain public confidence in the integrity and propriety of department members.
B. Clear any member who is improperly accused.
C. Correct an errant member.
D. Institute disciplinary action, when appropriate.
A. A complaint, which requires the use of this procedure, is any allegation of misconduct on the part of a department member by another member of the department, other agency, or any citizen which alleges:
1. Violation of any law.
2. Violation of any department order.
B. Exceptions to the use of this procedure:
1. Complaints and inquiries regarding department policies and procedures. Such complaints will be immediately accepted by any member of the department and reported via memorandum through the chain of command to the Chief of Police for evaluation and resolution.
2. Complaints and inquiries of a minor nature received by an on-duty supervisor that meet the following conditions:
a. The complaint or inquiry can be resolved satisfactorily on a shift level basis by a first-line supervisor in a timely manner.
b. Such option and resolution is fully explained to the complainant and a more formal resolution is not desired.
c. The Section Commander is briefed on circumstances and facts surrounding the complaint and final resolutions, and notes are recorded by the supervisor sufficient enough to prepare a formal report if so required in the future.
III. RECEIVING AND REPORTING COMPLAINTS FROM OUTSIDE THE DEPARTMENT
A. Every member of the department has the responsibility to:
1. Immediately and politely accept a complaint made by any person at any time. The only exception will be complainants who are obviously intoxicated or display greatly impaired judgment. Such persons will be advised to recontact the department.
2. Inform the complainant that the matter will be investigated. No remarks will be made as to the results of the investigation or to discourage cooperation by the complainant.
3. Request the complainant’s name, address, residence and business telephone number as well as that of any witnesses. Inform the complainant that this information will assist in the investigation and permit the Chief of Police to inform him/her of the result. If a complainant does not wish to provide this information, it will in no way affect the course of this procedure.
4. Complete the department complaint form (Appendix A) and attach copies of any related material such as department reports or complainant’s letters.
B. In the event that the department member who is first contacted by a complainant is not a supervisor, he/she shall refer the complainant to an appropriate supervisor.
C. The complainant involved in the incident will be given a copy of the document explaining the resolution of complaints against police employees. (Appendix D) After he/she have reviewed the document he/she will be asked to complete the Personnel Complaint Worksheet, (Appendix E) acknowledging the truth of the facts and details through a sworn and notarized statement. Failure to comply with this request will be so noted on the document by the member present. The complainant will be given a copy of the worksheet.
IV. INITIATING A COMPLAINT WITHIN THE DEPARTMENT
A. Any member of the department who has cause to believe that another member has acted in a manner seriously contrary to the public interest or the good reputation or operation of the department by violating a law or department order will complete the department complaint form or will immediately notify his/her supervisor with details of the incident. The supervisor will determine the course of action and submit it to the accused member’s Section Commander, and if warranted, a complaint will be filed.
If the accused is a command officer, the department complaint form will be submitted directly to the Chief of Police.
B. A member initiating a complaint against another member, or who notifies his/her supervisor verbally, will prepare a memorandum containing all necessary facts and forward the memorandum to his/her supervisor with a copy to the Section Commander.
V. INVESTIGATION OF COMPLAINTS
A. If a complaint against a member of the department alleges serious misconduct:
1. The member who records the complaint will request the complainant to remain or make him/herself available for immediate interview by the accused member’s supervisor or Section Commander.
2. Upon notification of the complaint, the Section Commander or officer in charge will interview the complainant and complete a preliminary report (memorandum) to be attached to the department complaint form.
3. If necessary, the Section Commander or officer in charge will take necessary and appropriate corrective action.
4. The officer in charge will notify the accused member’s Section Commander of the charges. If the member’s Section Commander is not available, then notify the appropriate Division Commander or Chief of Police.
5. As soon as possible, the officer in charge will deliver the complaint to the accused member’s Section Commander. The Section Commander will hand carry the complaint to the Chief of Police for review and assignment of an “IA” number and entry in the master complaint log. (Appendix B)
B. If the complaint does not involve misconduct as described in Section V., Subsection A.; the member who records the complaint will give it to his/her supervisor for dissemination.
1. For unresolved complaints, the officer in charge may begin a preliminary investigation. The officer in charge will notify the accused member’s Section Commander of the complaint. The Section Commander will forward the complaint to the Chief of Police.
C. The Professional Standards Unit will normally conduct the investigation of a complaint. The Professional Standards Unit, with the approval of the Chief of Police, may assign additional personnel to the investigation if the nature of the complaint warrants such assignment.
D. The Master Complaint Log will be maintained by the Chief of Police. The following information will be recorded on the log:
1. “PSI” Number (“PSI - Current Year - Next Number in Sequence) Example: PSI 88-1.
2. Date complaint was received.
3. Accused members name.
4. Complainant’s name.
5. Final adjudication.
E. The log shall be securely maintained and its contents will only be released on the approval of the Chief of Police.
F. All department internal investigations will be conducted by the guidelines established in the Lewiston Police Department Rules; 400.020 (Internal Investigation/Employee Bill of Rights), 400.030 (Allegation of Non-Criminal Misconduct), 400.040 (Allegation of Criminal Misconduct); S.E.I.U. Contractual Agreement and the City Personnel Policy.
1. During the course of the investigation, members being investigated are prohibited from contacting the complainant except in the normal course of duties, or unless so directed. Once a complaint has been logged and assigned by the Chief of Police, the complainant will be contacted by the assigned investigator. Those individuals involved in the investigation, i.e. complainant, member under investigation, witness, potential witness, anyone with knowledge, etc., are prohibited from discussing the investigation in any manner, form or forum.
2. Members being investigated will normally be notified by the assigned investigator that he/she is being investigated and will sign the complaint form indicating he/she acknowledges that a complaint has been lodged.
3. The Chief of Police or his/her designee will notify the Union by certified mail and the Chief Steward, or in his/her absence, the first vice-president.
4. The only exception would be a criminal investigation or those which involve current or on-going conduct which is considered to be an extremely serious violation of department rules or regulations and such notification would significantly hamper a successful investigation.
VI. REPORTING ON INVESTIGATIONS AND FINDINGS
A. The Professional Standards Unit should provide the Chief of Police with a progress report within seven (7) days of the date the complaint was received and each seven (7) days thereafter until the investigation is completed. A completed investigation will be returned on or before the assigned completion date unless an extension has been granted by the Chief of Police.
B. Upon completion of the investigation, the Professional Standards Unit will fill out the Final Disposition Report (Appendix C) except the portion titled (Action Taken Relative To Complaint). The Professional Standards Unit will include this document in the I.A. File and will provide the accused member’s Section and Division Commander with the documentation of the investigation for their review.
1. The Division Commander will return the file, with recommendations, to the Chief of Police within four (4) business days, or will request additional information from Professional Standards, and in this case will return the file within eight (8) business days to the Chief of Police.
C. These reports are confidential and no member will have access to these reports unless specifically approved by the Chief of Police.
D. Based on facts included in the report, the investigation must indicate whether or not a law or department order was violated. One of the following findings will then be made by the Professional Standards Unit for each specific allegation citing the specific law or department order which was violated.
1. Unfounded - The allegation is false or not factual.
2. Exonerated - The alleged incident occurred, but was lawful or proper.
3. Not Sustained - There is insufficient evidence to prove or disprove the allegation.
4. Sustained - The allegation is supported by sufficient evidence to substantiate the allegation.
E. If the allegation is sustained, the Division Commander will recommend action to the Chief Of Police.
F. If the findings are “Unfounded, Exonerated, or Not Sustained”, no record of the investigation will be placed in the member’s personnel file. It is to be clearly understood that only a fully investigated and clearly proven “Sustained” allegation may result in disciplinary action or any record in the accused’s personnel file.
G. Written notification will be given to any accused member of the complaints final disposition and will be signed by the Chief of Police. The Chief of Police will notify the member’s Division Commander of the discipline decision.
VII. DISCIPLINARY ACTION PROCESS
A. The Chief of Police will notify the Union by certified mail and the Chief Steward, or in his/her absence the first vice-president, following notification of the member of any pending IAC or disciplinary action in writing. Notification will be made by the Chief of Police or his/her representative and will include the member’s name.
B. The Chief of Police will follow disciplinary proceedings as outlined in the City Personnel Policy.
VIII. FILE SECURITY
All files of complaint investigations will be retained under security of the Chief of Police. The files will include original documents pertaining to the investigation.
IX. RELIEVING A MEMBER FROM DUTY
A. Section 1203 - City of Lewiston Personnel Policy
1. The City Manager or any Department Manager may take disciplinary action against an employee under his/her control for one or more of the causes for discipline specified in Section 1202, Causes for Disciplinary Action.
2. The City Manager may suspend an employee for cause from the employee’s position at any time, pending the result of disciplinary action.
3. A Department Manager may delegate to supervisory employee(s) the authority to relieve an employee of the employee’s duties in emergency situations, pending further action by the Department Manager.
4. A Department Manager may suspend an employee under the employee’s supervision for not more than three (3) working days at any one time without the approval of the City Manager. Written notice of suspension shall be given an employee within three (3) working days after such action. An employee may appeal such action in the manner provided in, Disciplinary Actions, of this policy.
Suspensions, demotions and discharges will appear on a department personnel order. In the event the complaint has come from outside the department, the complainant will be notified in writing that action has been taken by the Chief of Police, or his/her designee.
Any accused or disciplined member may appeal discipline in accordance with the City Personnel Policy or the Collective Bargaining Agreement.
XII. EXPUNGEMENT FROM PERSONNEL FILES
A disciplined member may petition the Chief of Police after a period of three years to have any record of the disciplinary action removed from the member’s personnel file if the action did not document a suspension or loss of pay.
Mutual Aid Agreement
Presently, we have signed mutual aid agreements with seven agencies.
A. Moscow Police Department
B. Pullman Police Department
C. Clarkston Police Department
D. Washington State University Police Department
E. Asotin County Sheriff Office
F. Nez Perce County Sheriff Office
The release of persons criminally arrested by issuance of a misdemeanor summons will be governed by the following procedures.
Under certain circumstances, persons arrested for misdemeanor charges should be released on a misdemeanor summons if certain factors are met. The following factors are used to ensure that the person will appear in court.
A. The person will stop his/her illegal action and cooperate with the officer.
B. The person has proper identification or is known to the officer.
C. The person has no prior F.T.A.’s within the past two years.
D. The Officer reasonably believes the person will appear in court if he/she is released on a promise to appear.
E. Other facts that would assist the arresting officer in determining if a summons and release is appropriate.
1. The arrested person may be transported to a facility so that fingerprints and photos may be taken prior to a complaint and summons being issued.
2. A person that is hospitalized or a person that the jail facility will not accept should be issued a complaint and summons and/or released to a responsible person or allowed to remain at the treatment facility.
3. Exceptions: Any existing law or procedure that would mandate a person be jailed or released on a summons.
a. Processing DUI suspects #2.10 – Jailing mandate
b. Domestic Violence incidents – Nez Perce County Domestic Violence Protocol – Jailing Mandate
c. Arrested persons under 18 years of age – Released to parent or responsible adult
d. Situation and circumstances that could, in the officer’s judgment, adversely affect community safety – Jailing mandate
A. The Lewiston Police Department Citizen Observer Program is designed to provide Community members, the media and other interested parties with insight into the Criminal Justice System through firsthand observations. The observer will ride/observe with the officer/communications specialist observing how the officer/communications specialist handles calls for service, traffic stops and self-initiated activities with the goal of gaining a better understanding of the Police Department’s role in the community
A. The Lewiston Police Department recognizes the need for mutual understanding, respect and cooperation between the police and the citizens of the community. Within the limits of our budget, personnel and operational effectiveness, we encourage members of the community to observe our operation, facilities and response to problems referred to the police for solution.
B. Citizens will be permitted to ride with an experienced patrol officer, or observe in the communications center, as outlined in this program, and will be able to observe many of the situations that we as a department must face. We also encourage citizens to offer constructive ideas and comments that may assist us in improving our service and efficiency. This program, hopefully, will provide an avenue of communication not otherwise possible.
C. The physical safety of the Citizen Observer will be of utmost importance. Therefore, when responding to calls, host officers will weigh the potential of the hazards which may arise. In those situations presenting extreme danger, (i.e., sniper situations, man with gun calls, etc.) the citizen, unless qualified to assist, will be asked to temporarily exit the patrol vehicle at a safe location and distance from the immediate area. In situations with a potential for violence (i.e., fights, disturbances, family disputes, etc.) the citizen observer, unless qualified to assist, will be instructed to remain in the patrol vehicle.
D. It is recognized that there will be situations when compliance with the above will not be possible. In any event, host officers will use utmost discretion in ensuring the safety and physical well being of the citizen.
E. Citizen Observers are not permitted in private premises, where police are summoned to take a report, unless permission is granted by the owner or leaseholder. Under no circumstances will the Citizen Observer be permitted in private premises where a search or arrest warrant is executed, or where there is the likelihood of an arrest. (Note: Private premises include homes, businesses, and anywhere else individuals have a Fourth Amendment right to privacy).
F. All citizen observers must sign in on the Visitor Access Record Form (Appendix C).
G. All citizen observers must be escorted by authorized personnel at the police department at all times and visitors activities must be monitored.
III. APPLICANT QUALIFICATIONS
A. All applicants for this program who are 16 and 17 years of age must meet the following requirements:
1. Be an active member of an explorer scout post, and submit a letter from his/her advisor recommending the riding experience or observing in the communications center; or,
2. Be a member of a high school or college class that is studying a course or subject closely related to law enforcement. Such applicants must provide a written request for approval from his/her teacher or class instructor; or,
3. Must be referred to the department in writing by a member of the Criminal Justice System, such as a juvenile court counselor.
4. Applicants under 16 years of age will not be permitted to observe during routine patrol duties, but may, upon approval from the Chief or his/her designee, be permitted to observe during special events such as parades, escorts, etc.
5. All juveniles under 18 years of age must submit a properly notarized Lewiston Police “Release and Indemnity” form (Appendix B) signed by his/her parent or legal guardian.
B. All adult applicants will be limited to the following individuals:
1. Members of the criminal justice system such as judges, court employees, members of the Prosecuting and City Attorney’s Offices, police officers from outside agencies, elected officials from local, state, or federal governments; or,
2. Student interns, practicum students and civilian employees of the City of Lewiston.
3. Representative members of citizen and civic groups, teachers and instructors.
4. Interested citizens.
IV. FREQUENCY OF PARTICIPATION
A. Due to the limited number of department personnel and the popularity of this program, the following restrictions are necessary on the amount of participation by any one individual.
1. Scheduling Lieutenant/Supervisors in Field Operations shall coordinate Citizen Observer participation based on the number of police units available, unique community activities, or other factors, assuring that adequate solo units (units without Citizen Observer participants) are available for quick emergency responses. Scheduling supervisors in Communications shall coordinate Citizen Observer participation based on the activity level in the communications center.
2. Citizen Observer participants will normally be limited to one or two rides or Communications Center observations per year. Exceptions to this rule may include the following:
a. Members of the Criminal Justice System.
b. Employees or elected officials of the City of Lewiston.
c. Individuals obtaining special permission from the Field Operations Commander, or Chief of Police.
V. APPLICATION PROCEDURE
A. All applicants shall personally submit a written application form (Appendix A) along with a notarized “Release and Indemnity” form (Appendix B) to the Police Department five (5) days in advance of the requested date for assignment. Applications must be submitted each time an individual wishes to ride or observe. The five (5) day advance notice may be waived by the Section Commander or by the affected shift supervisor.
B. The completed forms will be sent to the respective Section Commander for proper review and processing. The Section Commander may refuse to allow participation by any individuals if it is determined that the motives for riding or observing are not in the best interest of the applicant and/or the department. Such refusal will be reported in writing to the respective Division Commander, as soon as practical and will include the reasoning for the decision.
C. The Section Commander will review each application and attempt to schedule the ride or observation consistent with the requested date and the operational needs of the department. Consideration will be given to:
1. The number of requests that have previously been approved for the week.
2. The number of times a shift has been scheduled for rides or observations during a month.
3. The length of time requested to ride or observe.
(Note: If the requested date(s) can not be scheduled, the citizen will be contacted, as soon as possible, to arrange another mutually agreeable date.)
D. If the application is approved the individual will then be contacted and advised of the assignment date, time and other details necessary for mutual convenience to both the individual and the department. The Section Commander will maintain accurate and complete records of all participants in the program including his/her application, “Release and Indemnity” form and individual comments by the hosting officer/communications specialist.
VI. COMPLETION INFORMATION
A. Upon completion of the assignment, the hosting officer/communications specialist will complete the Conclusion Section of the original application. Final remarks by the hosting officer/communications specialist are encouraged to evaluate the success of the riding or observing experience.
B. The completed application will be returned to the respective Section Commander for final review and filing.
VII. HOST OFFICERS
A. Host officers/communications specialists will normally be selected from members of the shift by the shift supervisor. Specific requests for individual officers/communications specialists will be honored, if possible. Host officers/communications specialists will normally be experienced officers/communications specialists that have completed his/her probationary period.
B. Host officers/communications specialists will be advised, if practical, that he/she will be hosting a Citizen Observer two days prior to the scheduled observation date. Such notification will be noted on the application form. (Appendix B)
VIII. SPOUSES AND IMMEDIATE FAMILY MEMBERS
A. Spouses and immediate family members are encouraged to ride or observe with officers/communications specialists to gain first-hand knowledge of the officer’s/communication specialist’s working environment. The following guidelines will be used:
1. Submit a written application form (Appendix A) along with a notarized “Release and Indemnity” form (Appendix B) to the Section Commander two working days in advance of the requested date. Applications must be submitted each time an individual wishes to ride or observe.
2. Shift supervisors may authorize a ride-a-long in extenuating circumstances on a requested day. All such approvals will be reported in writing to the Section Commander with proper justification as soon as possible after such approval is granted.
3. Any officer/communications specialist regardless of probationary status may host an observer in these circumstances.
4. Spouses and immediate family members may ride or observe a maximum of four (4) times in a calendar year. Exceptions to this rule may be authorized by any command officer.
IX. IDENTIFICATION BADGES
Citizen Observer participants will wear an identification badge. The badge will identify them as an “OBSERVER”. The identification badge will be worn at all times during the ride-a-long or observation and returned at the end of the ride-a-long or observation.
1. The badge will be worn on the front of the outermost garment.
2. Police officers/communications specialists from outside jurisdictions are not required to wear the observer identification badge.