REPORT OF ARRESTS, CONVICTIONS & COURT ORDERS
1005.1 PURPOSE AND SCOPE
The purpose of this policy is to describe the notification requirements and procedures that members must follow when certain arrests, convictions and court orders restrict their ability to perform the official duties and responsibilities of the Lincoln Police Department. This policy will also describe the notification requirements and procedures that certain retired officers must follow when an arrest, conviction or court order disqualifies them from possessing a firearm.
1005.2 POLICY
The Lincoln Police Department requires disclosure of member arrests, convictions and certain court orders to maintain the high standards, ethics and integrity in its workforce, and to ensure compatibility with the duties and responsibilities of the Department.
1005.3 DOMESTIC VIOLENCE CONVICTIONS AND COURT ORDERS
Federal and Alabama law prohibit individuals convicted of certain offenses and individuals subject to certain court orders from lawfully possessing firearms. Such convictions and court orders often involve allegations of the use or attempted use of force, or threatened use of a weapon on any individual in a domestic relationship (e.g., spouse, cohabitant, parent, child) (18 USC § 922; Ala. Code § 13A-11-72; Ala. Code § 12-25-32(15)).
All members and retired officers with identification cards issued by the Department are responsible for ensuring that they have not been disqualified from possessing firearms by any such conviction or court order, and shall promptly report any such conviction or court order to a supervisor, as provided in this policy.
1005.4 OTHER CRIMINAL CONVICTIONS AND COURT ORDERS
Alabama Peace Officers' Standards Training Commission (APOSTC) rules prevent officers from retaining their certification upon conviction of a felony. APOSTC shall revoke the officer's certification or authority upon notification (Ala. Admin. Code r. 650-X-6-.02).
While legal restrictions may or may not be imposed by statute or by the courts upon conviction of any criminal offense, criminal conduct by members of this department may be inherently in conflict with law enforcement duties and the public trust, and shall be reported as provided in this policy.
1005.5 REPORTING
All members and all retired officers with identification cards issued by the Department shall immediately notify their supervisors (retired officers should immediately notify the Watch Commander or the Chief of Police) in if they become the subject of a domestic violence-related order or any court order that prevents the member or retired officer from possessing a firearm or requires suspension or revocation of applicable APOSTC certification or authority.
Reporting of Arrests, Convictions and Court Orders
Any member whose criminal arrest, conviction or court order restricts or prohibits that member from fully and properly performing his/her duties, including carrying a firearm, may be disciplined. This includes, but is not limited to, being placed on administrative leave, reassignment and/or termination. Any effort to remove such disqualification or restriction shall remain entirely the responsibility of the member, on his/her own time and at his/her own expense.
Any employee failing to provide prompt notice pursuant to this policy shall be subject to discipline, up to and including termination.
Retired officers may have their identification cards rescinded or modified, as may be appropriate (see the Retiree Concealed Firearms Policy).
1005.5.1 NOTIFICATION REQUIREMENTS
The Chief of Police shall submit notice to APOSTC of any misdemeanor or felony arrest of any current officer employed or arrested by this department.
Any officer of this department who is arrested shall immediately report the arrest to APOSTC. Upon final disposition of the charges, both the officer and the Chief of Police shall provide the final disposition, including a copy of the case action summary, to APOSTC (Ala. Admin. Code r. 650-X-2-.05).
The Chief of Police shall also submit, on the day of employment, an application to APOSTC of any appointment.
The Chief of Police shall submit notice to APOSTC within 10 days of any termination, reinstatement, name change or status change regarding any officer or reserve officer that is employed by this department (Ala. Admin. Code r. 650-X-1-.16).