2022-30to
RESOLUTION NO. 2022-30
COUNCIL MEMBER SHEPARD INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the Mayor and City Council were previously presented with the Blair Police
Policies and Procedures;
WHEREAS, the Blair Police Department Policies and Procedures should be updated to
conform with existing case law, legislation, and changes within the department, and shall be
approved by the Mayor and City Council.
WHEREAS, said Amended Blair Policy and Procedure for Sexual Misconduct are on file
with the City Cleric and are acceptable to the City of Blair.
NOW, THEREFORE, BE IT RESOLVED that the Blair Police Department Policy and
Procedure for Sexual Misconduct, are hereby adopted and approved by the municipality and the
Mayor and City Clerk of the City of Blair are hereby authorized and directed to execute the same
on behalf of the municipality.
COUNCIL MEMBER SHEPARD MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER SCHANK.
UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHANK, STEWART, RUMP,
WILLIS, WOLFF, HALL AND HAFER VOTING "AYE" AND COUNCIL MEMBERS NONE
VOTING `NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND APPROVED THIS 9TH DAY OF AUGUST 2022.
CITY OF BLAIR, NEBRASKA
BY:
RICHARD HANSEN, MAYOR
ATTEST:
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STATE OF NEBRASKA )
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BRENDA WHEELER, hereby certifies that she is the duly appointed, qualified and acting City
Cleric of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and
adopted at a regular meeting of the Mayor and City Council of said City, held on the 9th day of
August, 2022.
BRENDA WHEELER, CITY CLERK
BLAIR POLICE DEPARTMENT
POLICIES AND PROCEDURES
Number: 532
Subject: Sexual Misconduct
a 5 ficart�u �'�,
Issued By: Joseph Lager, Chief of Police
Effective Date:
Revised Date:
Purpose
Law enforcement officers are empowered with authority by their government to
protect the public from criminal activity. When an officer abuses this authority for
sexual purposes, and violates another person, the officer not only commits a
violation against the victim but damages the credibility and trust of the entire law
enforcement community with the public. The purpose of this policy is to caution
all officers that any violation of the public trust involving sexual misconduct will
result in severe consequences including prosecution to the fullest extent possible.
This policy is for internal use only and does not enlarge an employee's civil liability
in any way. The policy should not be construed as creating a higher duty of care,
in an evidentiary sense, with respect to third party civil claims against employees.
A violation of this policy, if proven, can only form the basis of a complaint by this
department for non -judicial administrative action in accordance with the laws
governing employee discipline.
Policy:
It is the policy of this Department to train all officers concerning the potential for
criminal sexual misconduct within law enforcement, how to recognize it, and the
requirements for reporting any violation to the appropriate authorities.
Definitions:
Criminal Sexual Misconduct: The abuse of authority by a law enforcement officer
for sexual purposes that violate the law.
Sexual Misconduct: Any sexual activity while on -duty or stemming from official
duty. Sexual misconduct includes but is not limited to use of official position and
official resources to obtain information for purposes of pursuing sexual conduct.
It is noted that proper law enforcement conduct during a vice investigation would
not fall under this definition.
Intimate Part: Genital area, inner thigh, groin, buttocks or breasts of a person.
Actor: The person accused of sexual assault
Sexual Contact: Any contact for the purpose of sexual gratification of the actor
with the intimate parts of another person.
Training & Career Development 404
Procedure:
1. Sexual activity of any nature while on duty is prohibited.
2. Sexual Misconduct is prohibited and shall be disciplined up to and including
termination.
3. Any contact for the purpose of sexual gratification of the actor with the
intimate parts of another person while on duty is prohibited.
4. A police officer shall not engage in sexual contact with another person who
is in custody, detention, or under investigation by the police officer.
5. A police officer shall not engage in sexual contact with another person who
said officer has supervisory or disciplinary authority over such other person.
6. Training: All sworn officers of this department including supervisors will
receive specific training about the elements of sexual misconduct involving
law enforcement officers. The training will also include all elements of this
policy.
7. Reporting Requirements:
a. Any employee of this Department who is made aware of any violation
of this policy, is required to report the violation to their supervisor.
b. The supervisor will immediately contact the person's immediate
supervisor who will immediately notify the Captain to initiate an
investigation in accordance with their established investigative
policy.
c. The investigation will involve other investigative elements of the
Department as necessary and any photographs, videos, physical
evidence, statements, and/or forensic evidence will be protected,
processed, and securely stored immediately.
d. The accused officer's supervisor will not attempt to resolve a
complaint of this nature with the complainant and is required to
make immediate contact with the Captain of the Department for the
commencement of investigation. If the Captain of the Department
is accused, then the investigation shall be commenced by the Chief
of Police. If the Chief of Police is accused, the investigation shall be
commenced by an outside agency at the designation of the City
Administrator and/or City Administrator's designee.
8. Any officer found to be in violation of the provisions of this policy shall be
disciplined up to and including termination and criminal charges where
established.
9. Any employee having knowledge of a violation of this policy, who fails to
report said violation shall also be disciplined up to and including dismissal
and criminal charges if appropriate.
Training & Career Development 404
a. If the violation involves supervisory personnel, the reporting officer
will notify the appropriate command level officer and will not be
strictly held to his or her chain of command.
Training & Career Development 404