<div dir="ltr"><h1>Watch your language: 3 keys to developing the perfect police policy manual</h1>
<h2>Agencies should be very deliberate in choosing the words and phrases used in their policy manual</h2>
<p class=""><span title="1/6/2016, 11:30:00 AM" class="">Yesterday at 11:30 AM</span></p>
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<p>Having a policy manual that is carefully thought out is a must for
law enforcement agencies. Agencies have an option of writing their own
policy manual or adopting one from a vendor that provides that service.
Both strategies have their pros and cons, but the choice should be made
after careful deliberation over which option best suits the needs and
capabilities of the agency. Whether you’re writing or approving
policies, there are several things to watch out for.</p>
<p><strong>1. Deviating from the Norm</strong><br>
It is understood that policies can be more restrictive than federal or
state requirements in order to cover a specific need to the agency. When
deviating from the norm, the agency should be careful not to accidently
paint themselves into a litigious corner. For example, in the domain of
use of force policies, the agency should make sure that the policies do
not conflict with current legal standards, training standards, and
basic human performance limitations. Agencies should also be very
deliberate in choosing the words and phrases used in the policy manual.</p>
<p><strong>2. Words Have Meaning</strong><br>
When writing a policy, it’s important to remember that certain words are
commanding while others are permissive. The following are examples of
both:</p>
<p><strong>Commanding/mandatory words:</strong> will, must, shall<br>
<strong>Permissive/authorizing words:</strong> may, should</p>
<p>If the agency policy is using mandatory directions, the agency is
expecting the officer to act in that manner exactly (and every time).
For example, if a policy states that an officer “shall immediately” do
something, then that action is expected to take place immediately
without consideration of the totality of the circumstances. Having a
policy that does not consider the totality of the circumstances and the
real-world conditions that officers operate under will expose the agency
to more risk.</p>
<p><strong>3. Make Sure Your Policy Fits Your Department</strong><br>
If your agency is accepting a policy written by an outside vendor, read
it before you agree to implement it. This review should not be a casual
endeavor; it should be a critical read that includes feedback from
various officials within the agency. Just because the suggested policy
is written by a person with great credentials does not mean it will
exactly fit every agency. Each police agency has slightly different
needs and capabilities, your policy should reflect those.</p>
<p>If there is something in the policy that the agency will not be able
to reasonably do, rewrite the policy and have the vendor look at the new
language. There have already been examples of agencies not critically
reviewing these policies prior to implementation and having that policy
revisit them — not in a good way — in litigation.</p>
<p>During the discussion of the policy, the decision makers should be asking themselves certain questions:</p>
<ul><li>Is this policy in line with our current training standards?</li><li>Is the policy in line with current industry standards?</li><li>Does this policy conflict with current legal standards (authorizations and limitations)?</li><li>Will our personnel be able to conform to this policy under the real world conditions they are operating in?</li></ul>
<p>If the answer to any of the questions above is “no,” an adjustment of the policy language must be made prior to implementation. </p>
<h2>About the author</h2>
<p>Ed Flosi is a retired police sergeant in San Jose (Calif.). He
has been in law enforcement for more than 27 years. Ed has a unique
combination of academic background and practical real world experience
including patrol, special operations and investigations. Ed was the lead
instructor for use-of-force training, as well as defense and arrest
tactics for the San Jose Police Department. He has been retained in
several cases to provide testimony in cases when an officer was alleged
to have used excessive force. He has assisted the California Commission
on Peace Officer Standards and Training (POST) in providing expertise on
several occasions related to use-of-force training. He has a Master of
Science degree from California State University Long Beach and holds an
Adult Learning Teaching Credential from the State of California. He
teaches in the Administration of Justice Department at West Valley
College. He is currently the Principle Instructor for <a href="http://www.proeliadefense.com" target="_blank">PROELIA Defense and Arrest Tactics</a>.</p><p><a href="https://www.policeone.com/chiefs-sheriffs/articles/60456006-Watch-your-language-3-keys-to-developing-the-perfect-police-policy-manual/">https://www.policeone.com/chiefs-sheriffs/articles/60456006-Watch-your-language-3-keys-to-developing-the-perfect-police-policy-manual/</a><br></p><br clear="all"><br>-- <br><div class="gmail_signature">**************************************<br>N.b.: Listing on the lgpolicy-list is merely intended as a service to its members<br>and implies neither approval, confirmation nor agreement by the owner or sponsor of the list as to the veracity of a message's contents. Members who disagree with a message are encouraged to post a rebuttal, and to write directly to the original sender of any offensive message. A copy of this may be forwarded to this list as well. (H. Schiffman, Moderator)<br><br>For more information about the lgpolicy-list, go to <a href="https://groups.sas.upenn.edu/mailman/" target="_blank">https://groups.sas.upenn.edu/mailman/</a><br>listinfo/lgpolicy-list<br>*******************************************</div>
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