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Number: Page:

WRITTEN DIRECTIVE 1-2 1 of 20


Subject: Effective Date: Revised Date:

6/5/2006, 02-07-2013 03-05-2015


Standards of Conduct Supersedes/Amends:

Reference: VLEPSC STANDARDS


ADM.01.02; ADM.24.03 PER.03.04
_________________________ PER.09.01
Ronald L. Gillispie, Sheriff

I. POLICY

It shall be the policy of the Sheriff’s Office to require all employees to adhere to
standards of conduct as contained within this order. This policy does not seek to
describe every possible expectation that is incumbent upon the judgment and
deportment of a public official, such as a member of the Sheriff’s Office.
However, employees are charged with exercising good judgment, due regard and
common sense in the performance of official duties, their dealings and
interactions with the public and with fellow employees.

The basic standard of job performance that shall be required of every employee of
the Lynchburg City Sheriff’s Office is that every employee must perform their
assigned tasks with competency in adherence to all laws of the Commonwealth of
Virginia and Ordinances of the City of Lynchburg. The Code of Ethics of the
Office of the Sheriff shall be applicable and binding to every sworn employee of
the Sheriff’s Office.

Founded violation(s) of any portion of this policy shall subject the employee to
disciplinary action as deemed appropriate by the Sheriff.

II. PURPOSE

To identify and define the expectations of personal behavior, on and off duty, for
employees of the Lynchburg City Sheriff’s Office.

III. DISCUSSION

The citizens of the City of Lynchburg place an immeasurable quantity of trust and
high expectation in the employees of the Office of the Sheriff. The function and
responsibilities of this Office are vital to the City and the Commonwealth. As
sworn employees possessing the authority to affect arrests and seize property, this
policy is essential to establish and maintain our professional credibility and
efficiency.

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The mandates of this policy are not overly burdensome or dictatorial. They are
reflective of what the people of the City of Lynchburg expect in their criminal
justice practitioners. As servants of the people, we are bound to obey these
expectations.

IV. CODE OF ETHICS OF THE OFFICE OF THE SHERIFF

As a constitutionally elected Sheriff, I recognize and accept that I am given a


special trust and confidence by the citizens and employees whom I have been
elected to serve, represent and manage. This trust and confidence is my bond to
ensure that I shall behave and act according to the highest personal and
professional standards. In furtherance of this pledge, I will abide by the following
Code of Ethics:

I shall ensure that I and my employees, in the performance of our duties, will
enforce and administer the law according to the standards of the U.S. Constitution
and applicable State Constitutions and statutes so that equal protection of the law
is guaranteed to everyone. To that end I shall not permit personal opinions, party
affiliations, or consideration of the status of others to alter or lessen this standard
of treatment of others.

I shall establish, promulgate and enforce a set of standards of behavior of my


employees which will govern the overall management and operation of the law
enforcement functions, court related activities, and corrections operations of my
agency.

I shall not tolerate nor condone brutal or inhumane treatment of others by my


employees nor shall I permit or condone inhumane or brutal treatment of inmates
in my care and custody.

I strictly adhere to standards of fairness and integrity in the conduct of campaigns


for election and I shall conform to all applicable statutory standards of election
financing and reporting so that the Office of the Sheriff is not harmed by the
actions of myself or others.

I shall routinely conduct or have conducted an internal and external audit of the
public funds entrusted to my care and publish this information so that citizens can
be informed about my stewardship of these funds.

I shall follow the accepted principles of efficient and effective administration and
management as the principle criteria for my judgments and decisions in the
allocation of resources and services in law enforcement, court related and
corrections functions of my Office.

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I shall hire and promote only those employees or others who are the very best
candidates for a position according to accepted standards of objectivity and merit.
I shall not permit other factors to influence hiring or promotion practices.

I shall ensure that all employees are granted and receive relevant training
supervision in the performance of their duties so that competent and excellent
service is provided by the Office of the Sheriff.

I shall ensure that during my tenure as Sheriff, I shall not use the Office of Sheriff
for private gain.

I accept and will adhere to this code of ethics. In so doing, I also accept
responsibility for encouraging others in my profession to abide by this code.

V. GENERAL DUTIES

A. All deputies shall, within jurisdictional limits, prevent crime, preserve the
peace, protect life and property, detect and arrest violators of the law, and
enforce the laws of the United States, Commonwealth of Virginia, and all
local ordinances, according to the rules, regulations, and general orders of
the office. Deputies must know that when they act under color of law,
they are enforcing the law according to statutes, written administrative
guidance in the office, ordinances, common usage, and custom. Further,
deputies shall exhibit good moral character in the administration of their
duties according to office orders.

1. The office maintains the right to establish oral and written orders
to govern and control the efficiency, effectiveness, and safe
operation of court services.

2. Management reserves the prerogative to discipline personnel for


violations of the rules listed in this order. The decision to
discipline and the measure of discipline employed depend on the
consequences of the employee's actions, the employee's current
and past performance, and the employee's length of service.

3. All written or verbal orders given by the office are performance


measures, which address three components of employee
performance, that is, conduct, behavior, and work proficiency.

B. Obedience to laws and orders

1. Authority: Employees shall obey all federal and state laws, and
ordinances of the City of Lynchburg or other municipality in which
the employees may be present. Employees shall obey all lawful

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orders, written or oral, issued to them by competent authority. The
term "employees" includes both sworn and non-sworn personnel.

2. Violation of law: Supervisors shall not knowingly or willfully


issue any order in violation of any law or ordinance or order of the
office.

3. Conflict of orders: Employees shall promptly obey any lawful


order of a supervisor, including any order relayed on behalf of a
supervisor by an employee of the same or lesser rank. If an
employee receives two apparently lawful but different orders that
may conflict, the last order given shall be followed unless the order
is retracted or modified. If an employee receives conflicting
orders, the employee shall inform the person giving the last order
of the conflict. The person giving the conflicting order shall then
resolve the conflict by retracting, modifying, or requesting the
employee to comply with the latest order. If the conflicting order
is not altered or retracted, the employee may be held responsible
for disobedience of the first order or directive issued.

4. Obedience to orders: No employee of the office is required to


obey any order which is contrary to the laws of the United States,
Commonwealth of Virginia, or ordinances of the City of
Lynchburg; however, a refusal to obey is the responsibility of the
employee and he or she shall be required to justify the action.

5. Civil rights: All members shall observe and respect the civil rights
of citizens as the term "civil rights" is commonly understood.
Respect for constitutionally-protected rights is paramount.

6. False statements: On any official matter whatsoever, members


shall not knowingly lie, give misleading information, or falsify oral
or written communications in any official report or in their actions
when it is reasonable to expect that the information may be relied
upon because of the employee's affiliation with the office.

7. Enforcement while off duty: If a deputy, while off duty, witnesses


a violation of the law committed in his or her presence which, in
the deputies professional judgment, demands immediate attention,
the deputy may make an arrest, providing that

a. the law violation was committed in the City of Lynchburg


unless the violation is a felony of violence or a breach of
the peace within the Commonwealth of Virginia, and

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b. the deputy does not use his or her own personal vehicle to
chase or pursue the violator but observes all traffic laws
applicable to citizens, and

c. he or she displays police identification to the violator and


announces his or her purpose, and

d. the deputy can make the arrest without jeopardizing his or


her own safety, the safety of the violator, or the public.

C. Disciplinary/personnel actions

1. Disciplinary actions may include a warning, an oral or written


reprimand, suspension with or without pay, reduction in pay,
demotion, or termination. Personnel actions may include probation,
counseling, training, close supervision, performance evaluation,
transfer, and or termination.

2. As appropriate, disciplinary action may be taken for any of the


following reasons:

a. Incompetent or inefficient performance or dereliction of


duty;

b. Insubordination, discourteous treatment of the public or a


fellow employee, or any act of omission or commission of
similar nature, which discredits or injures the public.
(Insubordination consists of direct, tacit, or constructive
refusal to do assigned work.)

c. Mental or physical unfitness for the position which the


employee holds.

d. Conviction of a felony or misdemeanor involving conduct


amounting to moral turpitude or which shocks the
conscience of a reasonable person, or a pattern of
misconduct as displayed by series of misdemeanor
convictions.

e. Failure to report to an appropriate superior authority


incompetence, misconduct, inefficiency, neglect of duty,
moral turpitude, or any other form of misconduct or
negligence of which the employee has knowledge.

f. Failure of a supervisory employee to take corrective action


regarding employees under his or her supervision who may

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be guilty of any form of neglect of duty or misconduct
where the supervisor knows or should have known of the
dereliction.

3. Examples of behavior specifically prohibited include:

a. Use of alcoholic beverages on duty, or drunkenness on


duty.

b. Use of illegal drugs or narcotics.

c. Buying alcoholic beverages while on-duty.

d. Acting as bailor for anyone other than a family member.

e. Releasing any information to a suspect or convicted person


that would enable an escape from custody or hamper an
investigation.

f. Purchase of any gambling materials, lottery tickets, etc., in


public while in uniform or on duty.

g. Recommending legal counsel or bondsmen to any person.

h. Publicly criticizing or correcting departmental supervisors


or any city official while in uniform unless a violation of
the law is occurring.

i. Use of harsh, profane, or obscene language to any member


of the office or to the public.

j. Sleeping on duty.

k. Sexual activity or conduct on duty.

4. Nothing in these rules and regulations limits the charges against


employees because the alleged act or omission does not
specifically appear in this manual, other orders of the office, or in

5. the laws or ordinances of which the office is responsible to


enforce.

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D. General Conduct

1. Employees shall display respect for their supervisors, subordinates,


and associates. The office expects all employees to display good
moral character in on- and off-duty contexts and to apply their
judgment accordingly. When on duty and in the presence of the
public, supervisors shall be addressed or referred to by rank.

2. Employees shall address their subordinates, associates,


supervisors, or members of the general public courteously and
shall not use abusive, violent, insulting, or provoking language.

3. Employees shall at all times be civil and courteous. They shall


maintain an even disposition and remain calm, regardless of
provocation, in executing their duties.

4. Employees shall not slander or speak detrimentally about the office


or another employee.

5. Employees shall always display absolute honesty.

6. Employees shall cooperate and coordinate their efforts with other


employees and law-enforcement agencies to ensure maximum
effectiveness.

7. Employees shall restrict personal conversations or personal


associations to an appropriate minimum while on duty.

8. A deputy shall not display cowardice in the line of duty or in any


situation where the public or another officer might be subjected to
physical danger. Unless actually incapacitated themselves,
deputies shall aid, assist, and protect the public and fellow officers
in time of danger or under conditions where danger might be
impending.

9. Employees shall not at any time use or attempt to use their official
position, badge, or credentials for personal or financial gain or
advantage.

10. Employees shall adhere to the city personnel policies that are
approved by the Sheriff.

E. Gifts, bribes, gratuities, rewards

1. Employees shall not solicit any gifts, gratuities, loans, or fees


where there is any direct or indirect connection between the

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solicitation and their office employment unless charity related, i.e.
Lynchburg Project Lifesaver.

2. Employees shall not accept either directly or indirectly any gifts,


gratuity, loan, fee, or any other thing of value arising from or
offered because of, or in connection with any court services
activity.

3. Employees shall not ask for any gift, gratuity, or other thing of
value, which might directly or indirectly influence any manner of
official business, or which might adversely reflect on the office or
any employee.

4. No employee shall receive any gift or gratuity from other


employees junior in rank without the express permission of the
sheriff.

5. Employees shall not ask for any gift, gratuity, reward in money, or
other considerations for services in the line of duty to the
community, or to any person, business, or agency except lawful
salary and that authorized by Virginia Code § 15.2-1710.

6. Employees found to have accepted bribes shall be dismissed with


prejudice.

F. Suggestions

1. Employees wishing to make suggestions for the improvement of


the office, or who feel injured or offended by the treatment, orders,
or neglect of duty of a supervisor may communicate the suggestion
either orally or in writing through the chain of command to the
sheriff; however, certain matters such as those of a personal or
confidential nature may be brought directly to the sheriff.

G. Duty

1. Employees shall report for duty at the time and place specified by
their assignment or orders and complete the number of hours on
duty required by their assignment.

2. While on duty, employees shall remain alert and awake,


unencumbered by alcoholic beverages, prescription drugs, illegal
narcotics, or conflicts arising from off-duty employment.

3. While on duty, deputies shall not engage in any activity or personal


business, which would cause them to neglect their duty.

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4. Deputies serve in order to protect lives, preserve the peace, enforce
the laws of the city and state, and assist the public in any
reasonable request.

5. Deputies shall identify themselves to any person requesting their


name, rank, and badge number.

6. All deputies shall maintain a telephone at their home. Deputies


shall notify the sheriff of their telephone number, address, and any
changes thereto.

7. All deputies shall, in a timely fashion, complete and submit all


forms and reports required by the office and the laws of the
commonwealth.

8. Deputies shall not provide information from computer-based


vehicle license checks to citizens.

9. If injured, deputies shall promptly notify their supervisor of the


injury and its circumstances.

10. While on duty, deputies shall constantly keep headquarters


informed of their whereabouts. To this end, deputies shall keep
their portable radios charged, turned on, and in their immediate
possession at all times.

11. Deputies shall maintain a professional attitude and manner when


communicating by radio. Deputies shall communicate in plain
language, abiding by FCC and SIRS requirements and the
requirements of the office.

12. Deputies shall use the office for professional purposes only. Each
deputy is responsible for the cleanliness and upkeep of the office.

13. Deputies shall not use sheriff’s vehicles for personal business or
transportation of unauthorized persons, except in emergencies.
Requests to use sheriff’s vehicles for personal business shall be
made to the sheriff. Authorized persons include prisoners, detained
juveniles, victims, and witnesses.

14. Deputies shall clean the interiors of sheriff’s vehicles after


transports.

15. Deputies shall keep their financial affairs in good order and under
control. Failure to pay debts in a timely manner may be a cause
for disciplinary action.

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16. No employee shall use his or her position with the office for
personal or monetary gain.

17. Employees are permitted to make long distance telephone calls


when necessary for official purposes.

18. Deputies must carry sheriff’s identification with them at all times.
In addition, while on duty, deputies shall carry a valid driver's
license.

H. Leave

1. Employees shall not be absent from duty without first obtaining


permission from their supervisors.

2. Employees shall, in situations requiring emergency leave or sick


leave, notify their supervisors of the circumstances as soon as
possible.

I. Information

1. Employees shall not communicate to any person who is not an


employee of this office any information concerning operations,
activities, or matters of court services business, the release of
which is prohibited by law or which may have an adverse impact
on the office image, operations, or administration.

2. Employees shall communicate promptly to a supervisor


information regarding tips on crimes or criminal activity or other
relevant law-enforcement information, which may come into their
possession. After conferring with a supervisor, employee and
supervisor shall notify the chief of police or sheriff, if appropriate.

J. Public appearances and exercise of freedom of speech

If an employee receives a request to make a public presentation or


appearance on the office’s behalf or publish an article concerning
his or her duties, the employee shall apply for permission to the
sheriff. The office wishes no interference with the First
Amendment rights of deputies. The office can and shall, however,
authorize appearances or writings that represent the agency and
may therefore restrict activities only where the employee may
represent an agency view.

2. Employees shall not unjustly criticize, ridicule, express hatred or


contempt toward or otherwise defame the office, its policies, or

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other employees when to do so might disrupt operations or
adversely affect morale or create disharmony in the workplace.
The measure of disharmony is the inability of supervisors to
maintain discipline.

K. Use of alcohol

1. Employees shall not drink any alcoholic beverage while on duty.

2. Employees shall not appear for regular duty, be on regular duty or


in uniform in any capacity, while under the influence of intoxicants
to any degree whatsoever or with an odor of intoxicants on their
breath.

3. In the event of an emergency recall, each deputy must determine


fitness for duty if alcohol has been consumed. A supervisor shall
be consulted and asked to confirm or deny, as appropriate, the
deputies judgment in the matter. No adverse actions will be taken
if, in an emergency recall, the deputy believes him- or herself to be
incapacitated for duty, says so, or is told so by a supervisor before
actually going on duty.

3. Deputies shall not carry weapons when off duty in a situation the
deputy deems socially inappropriate, particularly and especially
where the officer consumes alcoholic beverages.

4. Use of Alcohol (Off–Duty) – Members of the Office, who are on-


call status, will not drink alcoholic beverages or consume any other
intoxicants. While off-duty (and in public) the employee shall
refrain from consuming intoxicating beverages to the extent that
it results in impairment, intoxication, or obnoxious or offensive
behavior which discredits them or the Office, or renders the
employee unfit to perform his/her next regular tour of duty.
Members shall conduct themselves at all times, both on and off
duty, in such a manner as to reflect favorably on the Office.
Conduct unbecoming shall include that which brings the Office
into disrepute or reflects discredit upon the employee as a member
of this Office, or that, which impairs the operation, or efficiency of
the Office or employee.

L. Use of drugs

Employees shall not use any narcotic, stimulating, or dangerous drug


while on or off duty unless prescribed by a physician. Employees using
any prescribed drug or narcotic or any patent medicines that could

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possibly induce impairment of their performance shall notify their
supervisor.

M. Use of tobacco

1. Smoking is prohibited in any building utilized in an official


capacity for the city of Lynchburg.

2. Smoking is prohibited in office vehicles.

4. Deputies shall not smoke or otherwise use tobacco products while


in direct contact with the public while on duty or in uniform.

4. The use of tobacco products is strictly prohibited at the L.P.D.


firing range facility per their policy effective April 1, 2006.

N. Property, equipment, and uniforms

1. Employees shall be responsible for the proper care and use of


office property and equipment assigned to or used by them and
shall promptly report to their supervisors any loss, damage,
destruction, or defect therein.

2. Employees shall operate office vehicles and other equipment in


such a manner as to avoid injury to persons or damage to property.
Whenever an office vehicle is involved in an accident, the operator
shall notify a supervisor immediately. Under no circumstances
shall a deputy investigate his or her own accident. The Lynchburg
Police Department shall conduct the investigation. If outside the
city of Lynchburg the agency who has jurisdiction where the
accident occurred whether state or local would handle the report.
If outside of the City of Lynchburg and the accident occurs on
private property, ask the state or local agency to report the accident
as a professional courtesy.

3. At the beginning of a tour of duty, employees shall examine any


vehicle assigned to them and report any operational deficiencies,
damage, or defects to their supervisors. Failure to report damage
or defects creates the presumption that the employee inspected the
vehicle and found no damage or defects.

4. Deputies shall keep their uniforms clean and pressed, their shoes
and other leather equipment polished and shined, and badges and
name plates clean and bright.

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5. Employees wearing civilian clothing on duty shall present a neat
and clean appearance. Employees shall wear clothing, which is
appropriate to the type of duties and citizen contact expected. In
court appropriate professional attire shall be worn. No T-shirts,
blue jeans or shorts will be worn. Civilian dress should not be a
source of negative comment from the community.

6. Employees shall not temporarily or permanently convert any office


property to their own personal use or the use of any other person.

7. When an employee terminates employment, all issued equipment


shall be returned on the day the termination is effective. Failure to
return all items of office property will result in withholding final
pay or taking legal action.

8. Employees shall have as a part of their issued equipment a copy of


the rules and regulations and general orders on thumb drive, and
shall maintain and make appropriate changes as directed.

9. The Lynchburg City Sheriff’s Office furnishes all necessary


equipment for the performance of a deputy’s duties including but
not limited to the following:

- summer shirts/Class A/Utility


- winter shirts/Class A/Utility
- pants, year-round material/Class A/Utility
- summer hat
- winter rain hat cover
- pair shoes/boots
- gun belt
- gun holster
- set of handcuffs and case
- magazine pouch
- can of chemical spray and pouch
- badges
- name plates
- ties
- Glock .45 caliber
- Ammunition

10. All uniforms shall be brown with black leather gear unless
otherwise directed by the Sheriff. Uniform shirts and coats shall
display the office patch on both shoulders and the badge or badge
patch.

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11. Uniforms or civilian professional attire shall be worn for all court
appearances.

12. When uniform items are damaged or worn out and needing
replacement, deputies should request replacement from a
supervisor.

13. All issued clothing items are for duty wear only and are not
suitable for or permitted for off duty wear.

14. Body Armor

a. All uniformed deputies and supervisors must wear protective


vests during both on-duty and during off-duty employment
arranged through the Sheriff’s Office unless exempted. THIS
IS CONSIDERED A MANDATORY WEAR POLICY
WITH LIMITED EXCEPTIONS.

b. The exceptions are:

1). When a physician determines that an officer has a


medical condition that would preclude use of body
armor;
2). When the officer is assigned to perform an
administrative function, apart from field activities;
3). When the Sheriff’s Office determines that
circumstances make it inappropriate to mandate the
wearing of body armor. For example, this may
include high temperatures, as determined by the
Sheriff or his designee where the wearing of body
armor may cause heat-related ailments. Otherwise,
officers shall adhere to the provisions of this
directive; and,
4). All exempt sworn personnel shall have their armor
available while on-duty. In most cases, this can be
accomplished by having the vest readily available in
the passenger compartment of the assigned vehicle
or in the office where the employee is working.

5). If a deputy who is carrying, but not wearing a vest,


responds to a situation that may expose them to
weapons but does not fall within the “mandatory
wear” conditions, they are encouraged to put the
vest on prior to approaching the scene.

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c. Regardless of the above stated exceptions, body armor shall
be worn in the following situations:
1) High-risk entries;
2). Tactical response operations;
3). Pre-planned arrests of felony suspects;
4). Serving any non-administrative search warrant;

5) Any pre-planned police activity which by its nature


would indicate an element of danger; and,
6). When mandated by a supervisor due to special
circumstances.
d. All body armor issued by the Sheriff’s Office will comply
with the current minimum protective standards prescribed
by the National Institute of Justice.
e. The Department shall issue body armor to all sworn
personnel, and shall replace body armor that is worn or
damaged. However, the deputy must pay for any body
armor that has to be replaced due to misuse or abuse by a
deputy, after investigation of the circumstances.
f. Supervisors shall check for compliance at the start of each
shift and perform spot checks when encountering deputies
in the field.

g. Body Armor shall be worn when qualifying on the L.P.D.


shooting range per their policy effective April 1, 2006.
Extra body armor is available at the LPD range.

h. Care and Maintenance of Body Armor: Any deputy


assigned body armor is responsible for the proper care,
maintenance and storage of that body armor in accordance
with the manufacturer’s instructions, which also includes
daily inspection for signs of damage and general
cleanliness.
O. Part-time or off-duty employment

1. Before engaging in any outside employment or business activity,


an employee shall obtain verbal permission from the sheriff or his
designee following the proper chain-of-command. At the
beginning of each calendar year an approved off-duty/part-time
duty list will be posted on the bulletin board from the Sheriff. Any
off-duty/part-time assignment available on the CYAUSA system is
approved.

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2. The employment shall not render the deputy unavailable during an
emergency, or physically or mentally exhaust the deputy to the
point that his performance on duty will be affected.

3. Employment shall not in any way conflict with the objectives of


the office, impair its reputation, or compromise its various
services.

4. Each employee while engaged in off-duty employment shall


conduct himself in accordance with office standards, and is under
the control of office supervisors.

P. Reporting arrests, court action, civil cases

1. Employees shall immediately notify their supervisor if they have


been arrested, subpoenaed to court, or have otherwise been
involved in any legal proceedings except divorce.

Any employee of the office who becomes involved in any accident,


incident, or altercation, or any problem, which may come to the
public attention, shall give oral notification as soon as possible,
and within 24 hours in writing to his supervisor. Supervisors shall
forward relevant information through the chain of command as
rapidly as possible.

Employees shall avoid involvement in any civil disputes involving


neighbors or acquaintances. Further, deputies shall not remove
children from parental custody or property from citizens without
court order.

Q. Memberships

No member of the office shall be a member of any organization, which


advocates the violent overthrow of the government of the United States,
the Commonwealth of Virginia, or any unit of local government, or
participate in any organization which has a purpose, aim, objective, or any
practices which are contrary to the obligations of a deputy sheriff under
these rules and regulations.

R. Money expenditures

1. No employee shall incur any financial obligation on behalf of the


office without permission from the sheriff or chief deputy.

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2. No employee shall imply or accept financial liability for loss or
damage on behalf of the city. Any inquiries concerning financial
liability will be referred to the city attorney or city manager.

S. Resignations

An employee in good standing shall provide at least two weeks written


notice of his or her intent to resign.

T. Grooming

1. Employees shall maintain a smart, conservative, well-groomed


appearance. Men's hair must be neatly styled. Sideburns may
extend to the base of the ear, and hair in the back of the head must
not extend below the base of the collar. Neatly trimmed mustaches
are permitted provided they do not obscure the upper lip. Goatees
are permitted as long as they are neatly cared for and trimmed.
However, no beards are allowed unless authorized by the Sheriff or
his designee.

2. Women must arrange their hair in such a way that hats can be worn
easily when necessary. Due to safety reasons hair shall be worn
up.

3 Piercings shall not be apparent or visible when the deputy is in


uniform. Due to safety reasons earrings with long posts, bangles
or loops should not be worn while in uniform. However, female
deputies may wear one (small) earring per ear while in uniform.

4. Jewelry shall be limited to one ring per hand. Necklaces may be


worn but shall be covered and not visible. Wrist watches, bangles
and bracelets shall be limited to one per each hand.

U. Courtroom appearances

1. Any employees required to appear in any court should arrive at the


court early enough to check the docket, if necessary, and confer
with the prosecutor.

2. If an employee receives subpoenas requiring appearance in


different courts at the same time, he or she should notify their
supervisor in order to attempt to resolve the conflict. If unable to
resolve honor the first subpoena received. If, however, a circuit or
higher court issued one of the subpoenas, it shall receive
precedence over one issued by a district court. In any event, the

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employee shall notify the court they will not be attending because
of the conflict.

3. A subpoena receives precedence over an order issued by a


supervisor. In any event, the employee must notify his or her
supervisor of the court appearance.

4. If a deputy receives a subpoena to appear in court, he/she must


notify a supervisor as soon as possible. If the subpoena is for a
civil case or if the deputy is a witness in a case where he/she took
no law enforcement action, the deputy must appear in court off
duty. If the subpoena was the result of law enforcement action by
the deputy, then the deputy may appear in court on duty.

5. If on duty, sworn employees will appear in court in uniform. If off


duty, employees shall wear either the uniform or appear suitably
attired in civilian business attire. Civilian attire means a tie for
men, with a sport jacket or suit, and equivalent clothing for
women.

6. When testifying, employees shall remain attentive, face the judge


when giving testimony, and speak in a clear, audible tone.
Employees shall respond to questions asked by the judge or
attorneys and will not argue, interject, or offer an emotionally
charged response to any remark or question.

7. Each member shall be familiar with the laws of evidence and shall
testify truthfully on any matter.

V. Evidence

1. Contraband evidence and court or case related evidence shall be


stored with the Lynchburg Police Department evidence storage
area before and during trial, as the court requires.

2. Following trial or other legal proceeding, the deputy whose case


involves the contraband shall receive a purge request from the
property and evidence coordinator at Lynchburg Police
Department concerning the disposition of the evidence. Upon
receiving the purge request form, the deputy shall mark the
appropriate disposition for the evidence and return the contraband
evidence back, if in deputy’s possession, and purge request form to
the Lynchburg Police Department for destruction according to
Written Directive 2-15.

1-2.18
3. Deputies shall report found property that is not contraband to the
Sheriff’s Office via the chain of command and dispose of it
according to Written Directive 2-15.

4. Deputies shall not give away evidence to anyone. Further,


deputies shall not appropriate any evidence or other property to
their own use under any circumstances.

5. If any citizen refuses to accept returned property that was acquired


by this office, the property shall be destroyed (if perishable),
auctioned or utilized for training, if appropriate, under supervision
of the sheriff, according to Written Directive 2-15.

W. Lost property

1. Deputies who encounter lost property shall treat it like evidence,


storing and securing the property according to Written Directive 2-
15.

2. Deputies shall document the circumstances and describe the


property in the appropriate report. Deputies shall make a
reasonable effort to ascertain the owner of the property and return
it. Upon releasing property to a citizen/owner deputy shall have
the citizen/owner sign the original report copy.

X. Use of force - general

1. The office expects deputies to observe the following two


guidelines in all applications of force:

a. Employ that level of force, which is reasonable and


necessary to accomplish a legal purpose.

b. Escalate levels of “reasonable” force necessary to


overcome either increasing resistance or an increasingly
dangerous threat to the deputy or public safety.

2. Further guidelines concerning the use of force are outlined in GO


2-6. Violation of the use of force and deadly force orders herein
may subject the officer to administrative discipline, suits for
damages, and criminal prosecution.

Y. Medical assistance

Deputies shall render, or cause to be rendered, medical assistance to any


injured person. Any sick or injured person refusing medical assistance

1-2.19
who in the deputy’s opinion needs immediate medical assistance shall
contact LYNCOM and request a medic unit. The sick or injured person
will then have to refuse medical assistance from the medic unit on scene.
A situation of this nature shall be immediately reported to a supervisor.

Z. Confidentiality

Employees shall keep all complaints, arrest information, or other official


business confidential. Employees shall not indulge in gossip about office
business.

VI. DEFINITIONS

A. Moral turpitude

An intentional act or behavior displayed in words or actions, which


violates public morals or the common sense of the community involving
but not limited to intent to defraud, intentional dishonesty for personal
gain, lying, perjury, subordination of perjury, cheating, bribery, unlawful
possession of controlled substances, sexual harassment, unlawful sexual
conduct, or excessive force.

B. Good moral character

The attributes of a prospective employee that enhance his or her value to


the office and to public service which include honesty, integrity,
truthfulness, obedience to the oath of office and the code of ethics, respect
for authority, and respect for the rights of others.

This policy supersedes all previous administrative directives.

1-2.20
1-2.21
1-2.22
Number: Page:
WRITTEN DIRECTIVE 1-3 1 of 4
Subject: Effective Date: Revised Date:
6/8/2006, 08-22-201111-
ORGANIZATION AND 18-2014,2-12-2015 06-20-2018
AUTHORITY Supersedes/ Reviewed
12/2/14 / DTS
Amends:
Reference: VLEPSC STANDARDS
ADM.07.01 – 07.04
_________________________
Donald T. Sloan, Sheriff

I. POLICY

The Office of Sheriff is established by state law (Virginia Code §§ 15.2-1609, and is
provided for in the Constitution of Virginia, Article VII, Section 4. The Office
consists of a Sheriff and other full- and part-time deputies and non-sworn employees
as determined by the Virginia State Compensation Board, the City of Lynchburg and
the Sheriff. The Chief Executive of the Sheriff’s Office is the Sheriff, elected by the
registered voters of the City of Lynchburg to serve a four-year term. The Sheriff, in
turn, appoints deputies who are charged with providing courtroom security, service
of civil process, transportation of inmates and the execution of lawful court orders
and other duties for the City of Lynchburg. The Office shall be under the general
supervision of the Sheriff. The organization of the Sheriff’s Office will support the
effective and efficient accomplishment of office mandated responsibilities and
functions.

II. PURPOSE

The purpose of this order is to describe the organization of the Lynchburg City
Sheriff’s Office and to assign responsibilities, span of control, functions and duties.

III. PROCEDURES

A. Organizational Structure

1. The sheriff is responsible for the direction of all activities of the office.
This direction is accomplished through written and oral orders as well as
by personal leadership. Written orders take the form of general orders,
rules and regulations, and other directives as needed.

2. The office consists of a sheriff, chief deputy/major, captain, lieutenant,


first sergeant, sergeants, corporals and as many deputies as the sheriff
determines are required to protect and serve the courts, serve civil
process, make transports and otherwise support or carry out the office’s
objectives. The above denotes the chain of command.

1-3.1
B. Chain of Command

1. The sheriff has full control over all office activities. In the absence
of the sheriff, the chief deputy shall take command and notify the
sheriff of all major decisions that the chief deputy may make. If the
sheriff and the chief deputy are not available, then the Captain shall
take command and notify the sheriff of all major decisions that the
Captain may make or the lieutenant, 1st. sergeant, sergeant, corporal
or senior deputy shall take command until a senior ranking officer is
available, and shall make any necessary reports to the sheriff.
Employees shall be responsible to only one supervisor at any given
time.

2. Supervisors shall, without specific instructions, undertake the


required details and assignments necessary to carry out the business
of the office. The number of deputies available for duty and the
necessity to assign them where they will be most useful shall guide
supervisors in the assignment of personnel.

C. Span of control

For any major event in which all or most of office personnel will be on duty,
plans for the event will clearly delineate the command structure and outline
the span of control.

D. Authority and responsibility

1. At each rank within the office, personnel are given the authority to
make necessary decisions for the effective performance of their
responsibilities.

2. Each employee shall be held accountable for the use of, or failure to
use, delegated authority. Any employee who receives an order
relayed through another employee from the supervisor shall treat
such order as if coming directly from the supervisor. Any employee
with questions concerning his or her delegated authority shall refer
the matter to the on-duty supervisor utilizing the proper chain of
command for prompt resolution. Any employee who receives
conflicting or unlawful orders shall report such through the chain of
command. Legal questions may be referred to the commonwealth's
attorney.

a. For purposes of this order, "employee" refers to both sworn


and non-sworn members of the office.

1-3.2
3. All employees shall report any gross or improper use of authority or
failure to accept authority through the chain of command
immediately. (Example: A complaint against a deputy would go to
the sergeant; a complaint against a sergeant would go to the
Lieutenant and so on.)

4. Supervisors are held strictly accountable for the condition,


preparedness, and performance of the personnel assigned to him or
her.

5. Supervisors are responsible for the good order and sanitary condition
of offices, vehicles, and equipment.

6. Supervisors are responsible for the efficiency, discipline, and morale


of employees under their charge. Supervisors shall investigate or
cause to be investigated all complaints by citizens and allegations of
employee misconduct.

7. Supervisors shall ensure that employees have been supplied with all
appropriate written orders and shall instruct them thoroughly on all
oral and written orders. Supervisors shall regularly review and
instruct subordinates in pertinent laws, ordinances, and necessary
skills.

8. Supervisors shall closely observe the performance and behavior of all


probationary employees assigned to them. As appropriate,
supervisors shall submit detailed, written reports which describe
probationers' appearance, intelligence, discipline, efficiency,
initiative, and general adaptability to deputies work, and shall offer a
recommendation about offering the employee permanent
employment.

E. Direction, obedience to orders

As the chief executive of the office, the sheriff has full authority and
responsibility for the management, direction, and control of the operation
and administration of the office.

IV. ORGANIZATIONAL CHART

The attached chart denotes chain of command.

This policy supersedes all previous administrative directives.

1-3.3
1-3.4
Number: Page:
WRITTEN DIRECTIVE 1-3a 1 of 25
Subject: Effective Date: Revised Date:
6/8/06, 8/10/10,03-22-11,
11-05-2014, 2-19-2015,
5/17/18 05-01-2022
JOB DESCRIPTIONS Supersedes/
Amends:
Reference: VLEPSC STANDARDS

ADM.07.02, ADM.07.04
_________________________ ADM.24.01
Donald T. Sloan, Sheriff
I.
POLICY

It is the policy of this office to publish the job description of every personnel
position in the Lynchburg City Sheriff’s Office.

II. PURPOSE

The purpose of this policy is to ensure that every employee will have a clear and
concise description of the duties of the position and will understand the level of
management responsible for the supervision of that position.

III. JOB DESCRIPTIONS

A. SHERIFF

GENERAL DEFINITION AND CONDITIONS OF WORK:

Performs complex professional and difficult administrative work in the


overall direction of the Sheriff’s Office; does related work as required.
This is an elective position. Work is performed in accordance with local,
State and Federal applicable laws and ordinances. Supervision is exercised
over all office personnel.

This is sedentary work requiring the exertion of up to 10 pounds of force


occasionally and a negligible amount of force frequently or constantly to
move objects; work requires reaching, grasping, and repetitive motions;
vocal communication is required for expressing or exchanging ideas by
means of the spoken word, and conveying detailed or important
instructions to others accurately, loudly, or quickly; hearing is required to
perceive information at normal spoken word levels, and to receive detailed
information through oral communications and/or to make fine distinctions
in sound; visual acuity is required for preparing and analyzing written or
computer data, operation of motor vehicles or equipment, determining the
accuracy and thoroughness of work, and observing general surroundings
and activities; the worker is subject to inside and outside environmental

1-3a.1
conditions. The worker may be exposed to blood borne pathogens and
may be required to wear specialized personal protective equipment.
ESSENTIAL FUNCTIONS/TYPICAL TASKS:

• Managing all Sheriff’s Office court security, process service,


transportation, law enforcement and detention activities;
coordinating work with City Courts, departments, local and other
law enforcement agencies.
• Plans, researches, organizes, directs and evaluates all operations of
the Sheriff’s Office.
• Meets with Judges, Court Clerks and other Court personnel to plan,
coordinate and implement methods and procedures to ensure
effective and continuous Court security, safety of all personnel,
administrative and prisoners holding and transfer activities.
• Directs and oversees the transportation of all persons assigned to
his control for court, local, regional and interstate transit.
• Provides advice and counsel to the City Manager, City Council and
Courts on matters pertaining to the Sheriff’s Office.
• Coordinates activities with other law enforcement agencies.
• Directs the development and presentation of the annual budget
proposal, monitors and controls budgeted expenses.
• Formulates and implements policy, procedures, rules, regulations
and programs.
• Prepares and reviews operational and administrative reports.
• Promotes, assigns and disciplines all personnel through chain of
command.
• Directs maintenance of all records and materials associated with
Sheriff’s Office law enforcement activities and administration.
• Meets with the news media for interviews; makes periodic public
addresses.
• Attends meetings and serves on committees, boards and agencies
related to promoting crime prevention and improving law
enforcement.
• Monitors and control of budgetary expense for office.
• Oversees the Accreditation process.
• Performs related tasks as required.

KNOWLEDGE, SKILLS AND ABILITIES:

Comprehensive knowledge of laws, rules and court decisions relating to


the administration of criminal justice and law enforcement; comprehensive
knowledge of the City courts and court procedures and processes;
thorough knowledge of the geography of the City; ability to establish and
maintain effective working relationships with Courts and City officials,
associates and the general public; ability to evaluate the effectiveness of

1-3a.2
the law enforcement and detention operations and to institute
improvements; ability to prepare and review reports; resourcefulness and
sound judgment in emergencies.

EDUCATION AND EXPERIENCE:

Any combination of education and experience equivalent to graduation


from an accredited college or university with major course work in
criminal justice or related field and extensive experience of a wide and
progressively responsible nature in law enforcement including extensive
supervisory experience.

SPECIAL REQUIREMENTS:

Possession of an appropriate driver’s license that is valid in the


Commonwealth of Virginia. Must meet and maintain Office and State
training and education requirements for position.

1-3a.3
B. CHIEF DEPUTY SHERIFF – (MAJOR)

GENERAL DEFINITION AND CONDITIONS OF WORK:

Performs difficult professional and administrative work assisting with the


direction of all activities of the Sheriff’s Office; does related work as
required. Work is performed under the general supervision of the Sheriff.
Supervision is exercised over assigned personnel.
.
ACTS AS SHERIFF IN SHERIFF’S ABSENCE

This is light work requiring the exertion of up to 20 pounds of force


occasionally, up to 10 pounds of force frequently, and a negligible amount
of force constantly to move objects; work requires climbing, stooping,
reaching, standing, walking, pushing, pulling, lifting, grasping, and
repetitive motions; vocal communication is required for conveying
detailed or important instructions to others accurately, loudly, or quickly;
hearing is required to receive detailed information through oral
communications and/or to make fine distinctions in sound; visual acuity is
required for depth perception, peripheral vision, preparing and analyzing
written or computer data, operation of machines, operation of motor
vehicles or equipment, determining the accuracy and thoroughness of
work, and observing general surroundings and activities; the worker is
subject to inside and outside environmental conditions, and hazards. The
worker may be exposed to blood borne pathogens and may be required to
wear specialized personal protective equipment.

ESSENTIAL FUNCTIONS/TYPICAL TASKS:

• Planning, coordinating, participating in, and supervising Sheriff’s


Office operations in administration, transportation, court security
and services, civil processing and other areas as assigned.
• Manages the operation of the Sheriff’s Office including work
assignments, scheduling, preparation and maintenance of reports
and records.
• Manages the maintenance of court services and security activity
executing judge’s orders, monitoring and controlling prisoners and
other persons, assists court clerk’s office personnel with
administrative duties.
• Manages the transporting of prisoners, mental patients or others to
and from appointments, court and jail.
• Manages the serving and processing of a variety of civil, criminal
and court papers, orders and other documents.
• Monitors other legal actions including arrests, detainments, tests,
repossessions and evictions.

1-3a.4
• Oversees the administrative activities of the Sheriff’s Office.
• Develops and implements new and updates existing policies and
procedures.
• Supervises, interviews and directs the selection of new employees,
coordinates the maintaining of personnel records and training
requirements.
• Handles uniform and equipment needs and inventories for office.
• Oversees departmental equipment storage and issuance to new
personnel.
• Oversees departmental radio and communications functions as
directed by the Sheriff.
• Oversees Fleet operations, vehicle rotation and maintenance.
• Prepares annual budgets to present to the Sheriff and City council.
• Monitors and informs the Sheriff of all Sheriff Office expenditures.
• Oversees office record retention and destruction.
• Maintains the efficient record keeping of employees of the
Sheriff’s Office.
• Schedules training for personnel with local academy.
• Liaison with local academy training staff for all departmental
training,
• Maintains training records of personnel initial and in-service
training.
• Performs related tasks as required.

KNOWLEDGE, SKILLS AND ABILITIES:

Comprehensive knowledge of laws, rules and court decisions relating to


the administration of criminal justice, civil and court procedures; thorough
knowledge of the geography of the City; skill in the use of firearms, public
safety equipment and motor vehicles; ability to establish and maintain
effective working relationships with court and City officials, associates
and the general public; ability to evaluate the effectiveness of the law
enforcement operation and to institute improvements; ability to prepare
and review reports; resourcefulness and sound judgment in emergencies.

EDUCATION AND EXPERIENCE:

Any combination of education or experience equivalent to graduation


from an accredited community or two year college with major course
works in criminal justice or related field and extensive experience in law
enforcement and court procedures and some supervisory experience.

SPECIAL REQUIREMENTS:

1-3a.5
Possession of an appropriate driver’s license that is valid in the
Commonwealth of Virginia. Must meet and maintain Office and State
training and education requirements for position.
C. CAPTAIN

GENERAL DEFINITION AND CONDITIONS OF WORK:

Performs administrative and field work in the Sheriff’s Office involving a


variety of general or support duty assignments; does related work as
required. Work is performed under the regular supervision the Major.

This is light work requiring the exertion of up to 20 pounds of force


occasionally, up to 10 pounds of force frequently, and a negligible amount
of force constantly to move objects, and some medium work requiring the
exertion of 50 pounds of force occasionally, up to 20 pounds of force
frequently, and up to 10 pounds of force constantly to move objects; work
requires climbing, stooping, reaching, standing, walking, pushing, pulling,
lifting, grasping, and repetitive motions; vocal communication is required
for conveying detailed or important instructions to others accurately,
loudly, or quickly; hearing is required to receive detailed information
through oral communications and/or to make fine distinctions in sound;
visual acuity is required for depth perception, peripheral vision, preparing
and analyzing written or computer data, operation of machines, operation
of motor vehicles or equipment, determining the accuracy and
thoroughness of work, and observing general surroundings and activities;
the worker is subject to inside and outside environmental conditions, and
hazards. The worker may be exposed to blood borne pathogens and may
be required to wear specialized personal protective equipment.

ESSENTIAL FUNCTIONS/TYPICAL TASKS:

• Performs a variety of public safety duties in the Sheriff’s Office


including overseeing courtroom security, transportation, and
personnel, service of civil process.
• Supervises Lieutenants, First Sergeant and Sergeants.
• Directs personnel assigned to court services and security duties,
assists clerk’s office, confers with judges on legal matters, and
executes judge’s orders and directions.
• Monitors the transport of prisoners, detainees, mental patients, etc.
to appointments, court or other transports.
• Disciplines subordinate staff and resolves personnel problems as
directed by the Sheriff or Chief Deputy.
• Oversees the execution of evictions, repossessions, detainments or
other court directed actions.
• Prepares detailed reports on activities and assignments including
High Risk/ High Profile Trials as needed.

1-3a.6
• Serves civil process and criminal arrest warrants and a variety of
other court papers and directions as needed.
• Oversees Information Technology System and equipment for
office.
• Performs related tasks as required.

KNOWLEDGE, SKILLS AND ABILITIES:

General knowledge of laws, rules and regulations relating to courts and


location of important buildings; working knowledge of the rules and
regulations of the Sheriff’s Office; skill in the use of firearms, public
safety equipment and motor vehicles; ability to understand and carry out
oral and written instructions and to prepare clear comprehensive reports;
ability to deal courteously, firmly and tactfully with the public; ability to
analyze situations and to adopt quick, effective and reasonable courses of
action.

EDUCATION AND EXPERIENCE:

Any combination of education and experience equivalent to graduation


from high school – G.E.D. and extensive experience in law enforcement
and court procedures and some supervisory experience.

SPECIAL REQUIREMENTS:

Possession of an appropriate driver’s license that is valid in the


Commonwealth of Virginia. Must meet and maintain all Office and State
training and education requirements for position.

1-3a.7
D. 1st SERGEANT/ FIELD

GENERAL DEFINITION AND CONDITIONS OF WORK:

Performs complex professional and protective service work in the


Sheriff’s Office with the supervision and coordination of training and
administrative duties; does related work as required. Work is performed
under the general supervision of the Captain and Chief Deputy.
Supervision is exercised over assigned personnel in the absence of the
Captain and Chief Deputy.

This is light work requiring the exertion of up to 20 pounds of force


occasionally, up to 10 pounds of force frequently, and a negligible amount
of force constantly to move objects, and some medium work requiring the
exertion of 50 pounds of force occasionally, up to 20 pounds of force
frequently, and up to 10 pounds of force constantly to move objects; work
requires climbing, stooping, reaching, standing, walking, pushing, pulling,
lifting, grasping, and repetitive motions. Vocal communication is required
for conveying detailed or important instructions to others accurately,
loudly, or quickly; hearing is required to receive detailed information
through oral communications and/or to make fine distinctions in sound;
visual acuity is required for depth perception, peripheral vision, preparing
and analyzing written or computer data, operation of machines, operation
of motor vehicles or equipment, determining the accuracy and
thoroughness of work, and observing general surroundings and activities;
the worker is subject to inside and outside environmental conditions, and
hazards. The worker may be exposed to blood borne pathogens and may
be required to wear specialized personal protective equipment.

ESSENTIAL FUNCTIONS/TYPICAL TASKS:

• Acts as supervisor of Sheriff’s Office personnel in the absence of


the Captain.
• Supervises Sergeants.
• In the absence of the Captain, reviews content of legal documents
and court papers such as summons, garnishments, property
seizures, and others for adherence to state laws.
• Issues new identification card and paperwork to new employees
• Assists the Chief Deputy as necessary with the operation and
documentation of all activity on the computer terminal designated
for Criminal Justice Information Services
• May oversee the execution of evictions, repossessions, detainments
or other court directed actions as needed.

1-3a.8
• Performs additional duties assigned by the Sheriff, Chief Deputy or
Captain.

KNOWLEDGE, SKILLS AND ABILITIES:

Comprehensive knowledge of laws, rules and legal requirements as it


pertains to the civil process, courtroom security and transport functions of
a Virginia Sheriff’s Office; thorough knowledge of laws, rules and
regulations relating to courts and criminal justice; thorough knowledge of
the rules and regulations of the Sheriff’s Office; thorough knowledge of
the geography of the City; skill in the use of firearms, public safety
equipment and motor vehicles; ability to understand and carry out oral and
written instructions and to prepare clear comprehensive reports; ability to
deal courteously, firmly and tactfully with the public; ability to analyze
situations and to adopt quick, effective and reasonable courses of action.

EDUCATION AND EXPERIENCE:

Any combination of education and experience equivalent to graduation


from high school – G.E.D. and extensive experience in law enforcement
and court procedures and some supervisory experience.

SPECIAL REQUIREMENTS:

Possession of an appropriate driver’s license that is valid in the


Commonwealth of Virginia. Must meet and maintain all department and
state training and education requirements for this position.

1-3a.9
E. 1st SERGEANT/ COURTS

GENERAL DEFINITION AND CONDITIONS OF WORK:

Performs administrative and field work in the Sheriff’s Office involving a


variety of general or support duty assignments; does related work as
required. Work is performed under the regular supervision of the Captain.
Supervision over assigned personnel is performed in the absence of the
Captain and the Chief Deputy.

This is light work requiring the exertion of up to 20 pounds of force


occasionally, up to 10 pounds of force frequently, and a negligible amount
of force constantly to move objects, and some medium work requiring the
exertion of 50 pounds of force occasionally, up to 20 pounds of force
frequently, and up to 10 pounds of force constantly to move objects; work
requires climbing, stooping, reaching, standing, walking, pushing, pulling,
lifting, grasping, and repetitive motions; vocal communication is required
for conveying detailed or important instructions to others accurately,
loudly, or quickly; hearing is required to receive detailed information
through oral communications and/or to make fine distinctions in sound;
visual acuity is required for depth perception, peripheral vision, preparing
and analyzing written or computer data, operation of machines, operation
of motor vehicles or equipment, determining the accuracy and
thoroughness of work, and observing general surroundings and activities;
the worker is subject to inside and outside environmental conditions, and
hazards. The worker may be exposed to blood borne pathogens and may
be required to wear specialized personal protective equipment.

ESSENTIAL FUNCTIONS/TYPICAL TASKS:

• May acts as supervisor of Sheriff’s Office personnel in the absence


of the Captain.
• Performs a variety of public safety duties in the Sheriff’s Office
including overseeing courtroom security, transportation, and
personnel, service of civil process.
• Supervises Sergeants.
• Directs personnel assigned to court services and security duties,
assists clerk’s office, confers with judges on legal matters, and
executes judge’s orders and directions.
• Monitors the transport of prisoners, detainees, mental patients, etc.
to appointments, court or other transports.
• May oversee the execution of evictions, repossessions, detainments
or other court directed actions as needed.

1-3a.10
• Prepares detailed reports on activities and assignments including
High Risk/ High Profile Trials as needed.
• Serves civil process and criminal arrest warrants and a variety of
other court papers and directions as needed.
• Oversee and supervise part-time personnel.
• Performs related tasks as required.

KNOWLEDGE, SKILLS AND ABILITIES:

General knowledge of laws, rules and regulations relating to courts and


criminal justice; general knowledge of the geography of the City and
location of important buildings; working knowledge of the rules and
regulations of the Sheriff’s Office; skill in the use of firearms, public
safety equipment and motor vehicles; ability to understand and carry out
oral and written instructions and to prepare clear comprehensive reports;
ability to deal courteously, firmly and tactfully with the public; ability to
analyze situations and to adopt quick, effective and reasonable courses of
action.

EDUCATION AND EXPERIENCE:

Any combination of education and experience equivalent to graduation


from high school – G.E.D. and extensive experience in law enforcement
and court procedures and some supervisory experience.

SPECIAL REQUIREMENTS:

Possession of an appropriate driver’s license that is valid in the


Commonwealth of Virginia. Must meet and maintain all Office and State
training and education requirements for position

1-3a.11
F. FIRST SERGEANT

GENERAL DEFINITION AND CONDITIONS OF WORK:

Performs administrative and field work in the Sheriff’s Office involving a


variety of general or support duty assignments; does related work as
required. Work is performed under the regular supervision of the
Lieutenant or Captain.

This is light work requiring the exertion of up to 20 pounds of force


occasionally, up to 10 pounds of force frequently, and a negligible amount
of force constantly to move objects, and some medium work requiring the
exertion of 50 pounds of force occasionally, up to 20 pounds of force
frequently, and up to 10 pounds of force constantly to move objects; work
requires climbing, stooping, reaching, standing, walking, pushing, pulling,
lifting, grasping, and repetitive motions; vocal communication is required
for conveying detailed or important instructions to others accurately,
loudly, or quickly; hearing is required to receive detailed information
through oral communications and/or to make fine distinctions in sound;
visual acuity is required for depth perception, peripheral vision, preparing
and analyzing written or computer data, operation of machines, operation
of motor vehicles or equipment, determining the accuracy and
thoroughness of work, and observing general surroundings and activities;
the worker is subject to inside and outside environmental conditions, and
hazards. The worker may be exposed to blood borne pathogens and may
be required to wear specialized personal protective equipment.

ESSENTIAL FUNCTIONS/TYPICAL TASKS:

• Performs a variety of public safety duties in the Sheriff’s Office


including scheduling deputies for courtroom security,
transportation, and service of civil process.
• Supervises Sergeants, Corporals and deputies.
• Monitors the transport of prisoners, detainees, mental patients, etc.
to appointments, court or other transports;
• Prepares detailed reports on activities and assignments;
• Serves civil process and criminal arrest warrants and a variety of
other court papers and directions as needed.
• May oversee the execution of evictions, repossessions, detainments
or other court directed actions as needed.
• Performs related tasks as required.

KNOWLEDGE, SKILLS AND ABILITIES:

1-3a.12
General knowledge of laws, rules and regulations relating to courts and
criminal justice; general knowledge of the geography of the City and
location of important buildings; working knowledge of the rules and
regulations of the Sheriff’s Office; skill in the use of firearms, public
safety equipment and motor vehicles; ability to understand and carry out
oral and written instructions and to prepare clear and comprehensive
reports; ability to deal courteously, firmly and tactfully with the public;
ability to analyze situations and to adopt quick, effective and reasonable
courses of action.

EDUCATION AND EXPERIENCE:

Any combination of education and experience equivalent to graduation


from high school – G.E.D. and extensive experience in law enforcement
and court procedures and some supervisory experience.

SPECIAL REQUIREMENTS:

Possession of an appropriate driver’s license that is valid in the


Commonwealth of Virginia. Must meet and maintain all Office and State
training and education requirements for position.

1-3a.13
G. SERGEANT

GENERAL DEFINITION AND CONDITIONS OF WORK:

Performs administrative and field work in the Sheriff’s Office involving a


variety of general or support duty assignments; does related work as
required. Work is performed under the regular supervision of the First
Sergeant, Lieutenant and or Captain.

This is light work requiring the exertion of up to 20 pounds of force


occasionally, up to 10 pounds of force frequently, and a negligible amount
of force constantly to move objects, and some medium work requiring the
exertion of 50 pounds of force occasionally, up to 20 pounds of force
frequently, and up to 10 pounds of force constantly to move objects; work
requires climbing, stooping, reaching, standing, walking, pushing, pulling,
lifting, grasping, and repetitive motions; vocal communication is required
for conveying detailed or important instructions to others accurately,
loudly, or quickly; hearing is required to receive detailed information
through oral communications and/or to make fine distinctions in sound;
visual acuity is required for depth perception, peripheral vision, preparing
and analyzing written or computer data, operation of machines, operation
of motor vehicles or equipment, determining the accuracy and
thoroughness of work, and observing general surroundings and activities;
the worker is subject to inside and outside environmental conditions, and
hazards. The worker may be exposed to blood borne pathogens and may
be required to wear specialized personal protective equipment.

ESSENTIAL FUNCTIONS/TYPICAL TASKS:

• Performs a variety of public safety duties in the Sheriff’s Office


including supervising courtroom security, transportation, and
personnel, service of civil process.
• May supervise Corporals and deputies as assigned.
• Supervises personnel assigned to court services and security duties,
assists clerk’s office, confers with judges on legal matters, and
executes judge’s orders and direction;
• Supervises the transport of prisoners, detainees, mental patients,
etc. to appointments, court or other transports;
• Supervises and supports the execution evictions, repossessions,
detainments or other court directed actions.
• Prepares detailed reports on activities and assignments as needed.
• Serves civil process and criminal arrest warrants and a variety of
other court papers and directions as needed.
• Performs related tasks as required.

1-3a.14
KNOWLEDGE, SKILLS AND ABILITIES:

General knowledge of laws, rules and regulations relating to courts and


criminal justice; general knowledge of the geography of the City and
location of important buildings; working knowledge of the rules and
regulations of the Sheriff’s Office; skill in the use of firearms, public
safety equipment and motor vehicles; ability to understand and carry out
oral and written instructions and to prepare clear comprehensive reports;
ability to deal courteously, firmly and tactfully with the public; ability to
analyze situations and to adopt quick, effective and reasonable courses of
action.

EDUCATION AND EXPERIENCE:

Any combination of education and experience equivalent to graduation


from high school – G.E.D. and extensive experience in law enforcement
and court procedures and some supervisory experience.

SPECIAL REQUIREMENTS:

Possession of an appropriate driver’s license that is valid in the


Commonwealth of Virginia. Must meet and maintain all Office and State
training and education requirements for position.

1-3a.15
H. CORPORAL

GENERAL DEFINITION AND CONDITIONS OF WORK:

Performs administrative and field work in the Sheriff’s Office involving a


variety of general or support duty assignments; does related work as
required. Work is performed under the regular supervision of the
Lieutenant or First Sergeant. The Corporal supervises other deputies in the
absence of or in place of the Lieutenant, First Sergeant, or Sergeant.

This is light work requiring the exertion of up to 20 pounds of force


occasionally, up to 10 pounds of force frequently, and a negligible amount
of force constantly to move objects, and some medium work requiring the
exertion of 50 pounds of force occasionally, up to 20 pounds of force
frequently, and up to 10 pounds of force constantly to move objects; work
requires climbing, stooping, reaching, standing, walking, pushing, pulling,
lifting, grasping, and repetitive motions; vocal communication is required
for conveying detailed or important instructions to others accurately,
loudly, or quickly; hearing is required to receive detailed information
through oral communications and/or to make fine distinctions in sound;
visual acuity is required for depth perception, peripheral vision, preparing
and analyzing written or computer data, operation of machines, operation
of motor vehicles or equipment, determining the accuracy and
thoroughness of work, and observing general surroundings and activities;
the worker is subject to inside and outside environmental conditions, and
hazards. The worker may be exposed to blood borne pathogens and may
be required to wear specialized personal protective equipment.

ESSENTIAL FUNCTIONS/TYPICAL TASKS:

• Performs a variety of public safety duties in the Sheriff’s Office


including providing courtroom security, transportation, and service
of civil process.
• Supervises other deputies in the absence of the Lieutenant, First
Sergeant or Sergeant.
• Works with personnel assigned to court services and security
duties, assists clerk’s office, confers with judges on legal matters,
and executes judge’s orders and directions. Utilizes chain of
command to keep superiors informed.
• Perform training duties as a Field Training Deputy once academy
certified.
• Performs transport of prisoners, detainees, mental patients, etc. to
appointments, court or other transports;

1-3a.16
• Performs the execution of evictions, repossessions, detainments or
other court directed actions;
• Prepares detailed reports on activities and assignments;
• Serves civil process and criminal arrest warrants and a variety of
other court papers and directions as needed
• Perform specialized duties or technical skills as a trainer, mentor or
administrator.
• Performs related tasks as required.

KNOWLEDGE, SKILLS AND ABILITIES:

General knowledge of laws, rules and regulations relating to courts and


criminal justice; general knowledge of the geography of the City and
location of important buildings; working knowledge of the rules and
regulations of the Sheriff’s Office; skill in the use of firearms, public
safety equipment and motor vehicles; ability to understand and carry out
oral and written instructions and to prepare clear comprehensive reports;
ability to deal courteously, firmly and tactfully with the public; ability to
analyze situations and to adopt quick, effective and reasonable courses of
action.
EDUCATION AND EXPERIENCE:

Any combination of education and experience equivalent to graduation


from high school – G.E.D. and extensive experience in law enforcement
and court procedures and some supervisory experience.

SPECIAL REQUIREMENTS:

Possession of an appropriate driver’s license that is valid in the


Commonwealth of Virginia. Must meet and maintain all Office and State
training and education requirements for position.

1-3a.17
I. DEPUTY SHERIFF – CIVIL, COURT SECURITY AND
TRANSP0RT

GENERAL DEFINITION AND CONDITIONS OF WORK:

Performs intermediate protective service work in the Sheriff’s Office


involving a variety of general or support duty assignments; does related
work as required. Work is performed under the regular supervision of the
Sergeant or Corporal in the absence of or in place of the Lieutenant, First
Sergeant, or Sergeant.

This is light work requiring the exertion of up to 20 pounds of force


occasionally, up to 10 pounds of force frequently, and a negligible amount
of force constantly to move objects, and some medium work requiring the
exertion of 50 pounds of force occasionally, up to 20 pounds of force
frequently, and up to 10 pounds of force constantly to move objects; work
requires climbing, stooping, reaching, standing, walking, pushing, pulling,
lifting, grasping, and repetitive motions; vocal communication is required
for conveying detailed or important instructions to others accurately,
loudly, or quickly; hearing is required to receive detailed information
through oral communications and/or to make fine distinctions in sound;
visual acuity is required for depth perception, peripheral vision, preparing
and analyzing written or computer data, operation of machines, operation
of motor vehicles or equipment, determining the accuracy and
thoroughness of work, and observing general surroundings and activities;
the worker is subject to inside and outside environmental conditions, and
hazards. The worker may be exposed to blood borne pathogens and may
be required to wear specialized personal protective equipment.

ESSENTIAL FUNCTIONS/TYPICAL TASKS:

• Performs a variety of public safety duties in the Sheriff’s Office


including courtroom security, transportation, personnel, service of
civil process, etc. On an assigned location, performs a scheduled or
assigned Sheriff’s Office duty.
• Performs assigned court services and security duties, assists clerk’s
office, operates metal detector, and executes judge’s orders and
directions.
• Transports prisoners, detainees, mental patients, etc. to
appointments, court or other transports as assigned.
• Executes evictions, repossessions, detainments or other court
directed actions.

1-3a.18
• Prepares detailed reports on activities and assignments. Serves
civil process and criminal arrest warrants and a variety of other
court papers and directions.
• Enforces laws of the city and commonwealth of Virginia in
conjunction with their mandated civil duties.
• Assist in additional areas of the office like Project Lifesaver as
needed.
• Maintain duty skills and proficiencies as required by the
profession, i.e. firearms, in-service training, etc.
• Performs related tasks as required.

KNOWLEDGE, SKILLS AND ABILITIES:

General knowledge of laws, rules and regulations relating to courts and


criminal justice; general knowledge of the geography of the City and
location of important buildings; working knowledge of the rules and
regulations of the Sheriff’s Office; skill in the use of firearms, public
safety equipment and motor vehicles; ability to understand and carry out
oral and written instructions and to prepare clear comprehensive reports;
ability to deal courteously, firmly and tactfully with the public; ability to
analyze situations and to adopt quick, effective and reasonable courses of
action.

EDUCATION AND EXPERIENCE:

Any combination of education and experience equivalent to graduation


from high school – G.E.D.

SPECIAL REQUIREMENTS:

Possession of an appropriate driver’s license that is valid in the


Commonwealth of Virginia. Must meet and maintain all Office and
State training and educational requirements for position.

1-3a.19
J. OFFICE MANAGER/SERGEANT

GENERAL DEFINITION AND CONDITIONS OF WORK:

Performs difficult skilled clerical and responsible administrative


work for the Office of the Sheriff; does related work as required.
Work is performed under regular supervision of the Chief Deputy.
This is sedentary work requiring the exertion of up to 10 pounds of
force occasionally and a negligible amount of force frequently or
constantly to move objects; work requires stooping, reaching, and
repetitive motions; vocal communication is required for expressing
or exchanging ideas by means of the spoken word; hearing is
required to perceive information at normal spoken word levels;
visual acuity is required for preparing and analyzing written or
computer data, operation of machines, determining the accuracy
and thoroughness of work, and observing general surroundings and
activities; the worker is not subject to adverse environmental
conditions.

ESSENTIAL FUNCTIONS/TYPICAL TASKS:

• Maintaining and coordinating office operations with several


Courts, Court Clerks, Police and Sheriff’s Offices; typing legal
documents, correspondence, memoranda and reports; maintaining
legal records and files; providing office administration.
• Performs a variety of office assistance and administrative tasks for
the Sheriff and Chief Deputy.
• Helps prepare and administer office budget.
• Establishes and maintains office filing system; ensures all
necessary documents, exhibits and other pertinent materials are
included.
• Maintains, updates, develops and prepares the computer database
that tracks the service of civil processes.
• Collects fees, generate receipts, prepares and tracks bank
transactions and maintains bank account.
• Prepares monthly, quarterly, and annual reports.
• Prepares jury summons; records jury information and maintains
jury schedule.
• Prepares, schedules, manages and ensures the recording of all
Eviction processes in conjunction with the First Sergeant,
Lieutenant or Captain.
• Maintains and prepares payroll time cards for all personnel.

1-3a.20
• Checks and reviews a variety of data for accuracy, completeness
and conformance to establish standards and policies.
• Meets, greets and assists the public within the scope of office
operations and refers visitors to proper authority for disposition.
• Types correspondence, maintains physical records and files,
oversees office operations.
• Answers telephone, takes messages and schedules appointments.
• Attends meetings and transcribes minutes upon request by the
Sheriff.
• Coordinates special projects assigned by Sheriff or Chief Deputy.
• Corresponds, assists and directs field personnel through radio
communications.
• Monitors courthouse security alarms and reports any irregularities
to the Chief Deputy or Captain.
• Ensures office has sufficient supplies and materials.
• Operates and documents all activity on the computer terminal
designated for Criminal Justice Information Services
• Trains and oversees all administrative office staff.
• Supervises all Secretarial staff.
• May be required to assist in the field or courts as needed.
• Performs related tasks as required.

KNOWLEDGE, SKILLS AND ABILITIES:

Thorough knowledge of legal office practices, terminology, procedures,


equipment and secretarial techniques; thorough knowledge of office
functions, organization and policies; ability to organize and perform work
independently; ability to lay out and type complex forms and tables;
ability to make arithmetic calculations; ability to operate standard office,
data entry and word processing equipment; ability to type, take and
transcribe dictation; ability to establish and maintain effective working
relationships with court personnel, associates and the general public.

EDUCATION AND EXPERIENCE:

Graduation from high school with post-secondary training related to


administrative management preferred, and experience related to the
position’s duties such as office administrative, technical or analytical
experience; or an equivalent combination of training and experience.

SPECIAL REQUIREMENTS:

The Office Manager will be commissioned as a Notary Public for the


Commonwealth of Virginia.

1-3a.21
K. SECRETARY

GENERAL DEFINITION AND CONDITIONS OF WORK:

Performs difficult skilled clerical and responsible administrative work for


the Office of the Sheriff; does related work as required. Work performed
under regular supervision of the Office Manager. This is sedentary work
requiring the exertion of up to 10 pounds of force occasionally and a
negligible amount of force frequently or constantly to move objects; work
requires stooping, reaching, and repetitive motions; vocal communication
is required for expressing or exchanging ideas by means of the spoken
word; hearing is required to perceive information at normal spoken word
levels; visual acuity is required for preparing and analyzing written or
computer data, operation of machines, determining the accuracy and
thoroughness of work, and observing general surroundings and activities;
the worker is not subject to adverse environmental conditions. Work is
performed under the regular supervision of Office Manager and/or the
Captain.

ESSENTIAL FUNCTIONS/TYPICAL TASKS:

• Maintaining and coordinating office operations with several


Courts, Court Clerks, Police and Sheriff’s Offices; typing legal
documents, correspondence, memoranda and reports; maintaining
legal records and files; providing office administration.
• Performs a variety of office assistance and administrative tasks for
the Sheriff and Chief Deputy.
• Helps administer office budget.
• Establishes and maintains office filing system; ensures all
necessary documents, exhibits and other pertinent materials are
included.
• Maintains, updates, develops and prepares the computer database
that tracks the service of civil processes.
• Collects fees, generate receipts, prepares and tracks bank
transactions and maintains bank account.
• Prepares monthly, quarterly, and annual reports as required.
• Prepares jury summons; records jury information and maintains
jury schedule.
• Prepares, schedules, oversees and records all Eviction processes in
conjunction with Office Manager, First Sergeant, Lieutenant, or
Captain.
• Maintains and prepares payroll time cards for all personnel.

1-3a.22
• Checks and reviews a variety of data for accuracy, completeness
and conformance to establish standards and policies.
• Meets, greets and assists the public within the scope of office
operations and refers visitors to proper authority for disposition.
• Type correspondence, maintains physical records and files, and
oversees office operations.
• Answers telephone, takes messages and schedules appointments.
• Coordinates special projects assigned by Sheriff, Chief Deputy, or
Captain.
• Corresponds, assists and directs field personnel through radio
communications.
• Monitors courthouse security alarms and reports any irregularities
to Chief Deputy or Captain.
• Ensures office has sufficient supplies and materials.
• Performs related tasks as required.

KNOWLEDGE, SKILLS AND ABILITIES:

Thorough knowledge of legal office practices, terminology, procedures,


equipment and secretarial techniques; thorough knowledge of office
functions, organization and policies; ability to organize and perform work
independently; ability to lay out and type complex forms and tables;
ability to make arithmetic calculations; ability to operate standard office,
data entry and word processing equipment; ability to type, take and
transcribe dictation; ability to establish and maintain effective working
relationships with court personnel, associates and the general public.

EDUCATION AND EXPERIENCE:

Graduation from high school with post-secondary training related to


administrative management preferred, and experience related to the
position’s duties such as office administrative, technical or analytical
experience; or an equivalent combination of training and experience.

SPECIAL REQUIREMENTS:

The Secretary will be commissioned as a Notary Public for the


Commonwealth of Virginia.

1-3a.23
L. PART-TIME SECRETARY

GENERAL DEFINITION AND CONDITIONS OF WORK:

Performs difficult skilled clerical and responsible administrative work for


the Office of the Sheriff; does related work as required. Work performed
under regular supervision of the Office Manager. This is sedentary work
requiring the exertion of up to 10 pounds of force occasionally and a
negligible amount of force frequently or constantly to move objects; work
requires stooping, reaching, and repetitive motions; vocal communication
is required for expressing or exchanging ideas by means of the spoken
word; hearing is required to perceive information at normal spoken word
levels; visual acuity is required for preparing and analyzing written or
computer data, operation of machines, determining the accuracy and
thoroughness of work, and observing general surroundings and activities;
the worker is not subject to adverse environmental conditions. Work is
performed under the regular supervision of the Chief Deputy.

ESSENTIAL FUNCTIONS/TYPICAL TASKS:

• Performs a variety of office assistance and administrative tasks for


the Sheriff and Chief Deputy.
• Establishes and maintains office filing system for personnel and
training records; ensures all necessary documents, exhibits and
other pertinent materials are included.
• Collects donations, generate receipts, prepares and tracks bank
transactions and maintains bank account for Project Lifesaver.
• Prepares monthly, quarterly, and annual reports as required.
• Assists with preparation of jury summons; records jury information
and maintains jury schedule.
• Checks and reviews a variety of data for accuracy, completeness
and conformance to establish standards and policies.
• Coordinates special projects assigned by the Sheriff or Chief
Deputy.
• Performs related tasks as required.

KNOWLEDGE, SKILLS AND ABILITIES:

Thorough knowledge of legal office practices, terminology, procedures,


equipment and secretarial techniques; thorough knowledge of office
functions, organization and policies; ability to organize and perform work
independently; ability to lay out and type complex forms and tables;

1-3a.24
ability to make arithmetic calculations; ability to operate standard office,
data entry and word processing equipment; ability to type, take and
transcribe dictation; ability to establish and maintain effective working
relationships with court personnel, associates and the general public.
EDUCATION AND EXPERIENCE:

Graduation from high school with post-secondary training related to


administrative management preferred, and experience related to the
position’s duties such as office administrative, technical or analytical
experience; or an equivalent combination of training and experience.

1-3a.25
1-3a.26
1-3a.27
Number: Page:
GENERAL ORDER 1- 4 1 of 3
Subject: Effective Date: Revised Date:
6/8/2006, 10/27/2008;
10/21/2019; 01/01/2023
INSPECTIONS /
EVALUATIONS
Reference: VLEPSC STANDARDS

ADM.19.01
ADM.19.02
________________________ ADM.19.03
NOTE Donald T. Sloan, Sheriff
This order is for internal use only, and does not enlarge a deputy's civil or criminal liability
in any way. It should not be construed as the creation of a higher standard of safety or
care in an evidentiary sense, with respect to third-party claims. Violations of this directive, if
proven, can only form the basis of a complaint by the Sheriff's Office, and then only in a
non-judicial administrative setting.

I. POLICY

The Chief Deputy is responsible for establishing and maintaining regular


inspections/evaluations to maintain high standards of performance. Although the
ultimate responsibility of inspection/evaluation and control rests with the Sheriff,
inspections/evaluations must be carried out continuously at all levels of supervision.

The goal of inspection/evaluation is operational efficiency and effectiveness. While


an inspection/evaluation may reveal infractions of office orders,
inspection/evaluation is not solely a disciplinary process: it is a fair, impartial, and
honest appraisal of efforts. The inspector must have a positive, constructive
attitude and make every effort to instill respect for, and understanding of, the
inspection/evaluation process.

II. PURPOSE

To establish a policy and procedures for continuous inspection/evaluation of the


Office’s personnel, resources, and operational effectiveness.

III. PROCEDURES

A. Inspection/Evaluation Objectives

The objectives of inspections/evaluations include the following:

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Inspections / Evaluations
1
Revised: 01/01/2023
1. To learn whether a task is being performed as outlined and are
procedures being complied with.

2. To learn whether office goals and objectives have been achieved.

3. To discover whether office resources are being used to the best


advantage.

4. To identify and document needs, deficiencies, omissions, or


problems.

5. To provide a means for recognizing, reporting, and rewarding


exemplary performance and to institute disciplinary procedures for
those who disobey or fail to comply with office orders.

B. Line Inspections

1. Line inspection should be an ongoing process conducted by those


with direct supervision and those who have authority to act or require
immediate action of subordinates. Ongoing inspection is a duty of
every supervisor.

2. Line inspection responsibilities shall include personal inspection of


employees and the equipment they use. Such action should include
recognition for exemplary performance and corrective action for
deficiencies. Where significant deficiencies exist, employee
counseling will be provided by the supervisor. A minimum of two line
inspections will be conducted annually and documented on the Line
Inspection Checklist. As in the case of exemplary performance,
significant deficiencies should be brought to the attention of
respective supervisors in the chain of command via memorandum.
Supervisors are responsible to ensure corrective action has been
taken. The completed copy of the Line Inspection Checklist form will
be filed in the office of the Chief Deputy.

C. Staff Evaluations

1. The Sheriff or his designee conducts the staff evaluation. Staff


evaluations will be pre-announced and supervisors will be advised of
the date(s) of the evaluation. Staff evaluations shall include personal
inspection of employees, the equipment they use, the facilities they
use, and how it is used and cared for, how employees perform their
duties and activities, and the result of their efforts. The designated
inspector/evaluator will utilize the Staff Evaluation Report.

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2
Revised: 01/01/2023
2. The Sheriff’s Office, or any part of it, may anticipate an evaluation by
the Sheriff or his designee with a minimum of one staff evaluation
taking place at a minimum of every three years.

3. In addition to the Staff Evaluation Report, an oral or written


commendation shall be used to identify exemplary performance.
Significant operational and administrative deficiencies shall be
brought to the attention of the concerned staff member through the
use of memorandum for follow up action with copies to respective
supervisors in the chain of command. Supervisors are responsible to
ensure corrective action has been taken. The Staff Evaluation
Report, along with the memorandum of deficiencies (if any), and a
memorandum detailing corrective actions for deficiencies (if any), that
have been accomplished will be filed in the office of the Chief Deputy.

D. Stored Agency Property Inspections

1. Stored Agency Property shall be inspected for operational readiness


at least twice a year. Stored agency property is defined as court
security equipment/restraints, stored firearms, and stored
ammunition.

E. Conduct of Inspections

1. The Chief Deputy shall maintain documentation of the dates and


results of each inspection. When appropriate, as a result of an
investigation, a supervisor or the Chief Deputy shall prepare a record
of counseling or commendation.

2 Supervisors shall conduct daily visual inspections of assigned


personnel to ensure that the prescribed articles of uniform and
equipment are in clean and serviceable condition.

3. Unsatisfactory conditions shall be explained to the employee and


correction required.

4. Uniformed personnel who present an excellent appearance as a


result of an inspection shall be commended orally or in writing by their
supervisor.

This policy supersedes all previous administrative directives.

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Revised: 01/01/2023
Number: Page:
GENERAL ORDER 1-5 1 of 7
Subject: Effective Date: Revised Date:
6/8/2006; 5/1/2015 12/01/2020
SELECTION Supersedes/
Amends:
Reference: VLEPSC STANDARDS

PER.01.01 – 01.05
________________________
Donald T. Sloan, Sheriff
I. POLICY

The Lynchburg Sheriff’s Office strives to obtain the best deputy sheriff’s
possible to help achieve the offices goals of providing the most effective and
safe delivery of mandated services. To that end, the office shall practice a
regimented selection procedure while simultaneously affording equal
opportunity to everyone regardless of race, creed, color, sex, national origin,
sexual orientation, or age. The office does not discriminate against people
with disabilities and affords them the same access to employment provided
to all citizens. Where possible, the office provides reasonable
accommodation to the known disabilities of qualified people. Personnel who
participate in the screening and hiring of applicants shall be trained in such
and shall be guided by fairness, equal opportunity, and consistency in
applying the procedures set forth in this order.

II. PURPOSE

The purpose of this order is to outline minimum hiring requirements for


deputy sheriffs.

III. DEFINITIONS

A. Disability

A physical or mental impairment that substantially limits one or more


of the major life activities.

B. Good moral character

The attributes of a prospective employee that enhance his or her


value to the office and the goals of providing the most effective and
safe delivery of mandated services, which include honesty, integrity,
truthfulness, obedience to the oath of office and the code of ethics,
respect for authority, and respect for the rights of others.

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C. Reasonable accommodation

The modification of existing facilities to render them more accessible


and readily usable by people with disabilities. Also refers to
restructuring the job or modifying work schedules to assist in the
assignment of a disabled employee.

IV. PROCEDURES

A. The minimum qualifications that all applicants for the position of


deputy sheriff must meet include the following:

1. Be a citizen of the United States.

2. Passing a background investigation which includes the


following but not limited to:

a. fingerprint based criminal history records to both the


Central Criminal Records Exchange and the Federal
Bureau of Investigation
b. Credit history, including current creditors; - Equifax
c. All residences for the past ten years;
d. Comprehensive employment history; and
e. Copy of driving record from DMV provided by applicant.

3. Have a high school education or have passed a high school


equivalency examination approved by the Board of Education.
Include all schools attended and degrees or certificates
obtained.

4. Possess a valid driver’s license.

5. Undergo a physical examination subsequent to a conditional


offer of employment, conducted under the supervision of a
licensed physician. The physical will include a pre-
employment drug screen that does not produce a positive
result. This drug screen will be accomplished during the
physical examination.

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6. Be at least 18 years of age.

7. Not have been convicted of or pled guilty or no contest to:

a. any misdemeanor involving moral turpitude, including


but not limited to petit larceny, or any offense involving
moral turpitude that would be a misdemeanor if
committed in the Commonwealth;
b. any misdemeanor sex offense in the Commonwealth,
another state, or the United States, including but not
limited to sexual battery or consensual sexual
intercourse wit a minor 15 years of age or older; or
c. domestic assault or any offense that would be domestic
assault under the laws of another state or the United
States.

8. Completion of a favorable interview.

9. Be of good moral character.

a. Good moral character is determined by a favorable


report following the comprehensive background
investigation. The interview shall be employed to help
evaluate good moral character.

10. Any other standards set by law (Virginia Code § 15.2-1705) or


by policy of the Criminal Justice Services Board.

11. Exceptions to the full background investigations would be a


current Virginia certified law enforcement officer or jailor in
good standing with his or her departing agency.

B. The applicant must perform the following:

1. Complete a written application and submit it to the Sheriff’s


Office or location designated by advertisement of vacancy.
2. Arrange with the chief deputy or sheriff to appear for an
interview.

C. The employee assigned to investigate the applicant shall perform the


following:

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1. Ask the applicant whether he or she needs reasonable
accommodation in order to participate in the application
process itself or take any screening test permitted under the
Americans With Disabilities Act
2. Have the applicant sign appropriate release forms.
3. If the applicant has recently lived outside Lynchburg, request
records checks through agencies in the applicant's previous
communities.
4. Obtain references from the applicant's current and past
employers.
5. Obtain an NCIC/VCIN criminal history check.
6. Conduct interviews of co-workers or personal references, as
directed by the sheriff.
7. Provide a complete background investigation file to the sheriff.

D. The sheriff or his designee shall perform the following:

1. The interviewer(s) shall consider the applicant's appearance


(for neatness and cleanliness), mannerisms, judgment,
maturity, resourcefulness, and compatibility with office goals
during the interview.
2. Ensure that the applicant fully understands the selection
process and the conditions and procedures for re-application.
3. Make a conditional offer of employment. The candidate must
then undergo a physical examination and a related inquiry,
required by all entering employees in sworn positions. The
inquiry may consist of questions about the ability of the
applicant to perform job-related functions.
a. Further, no conditional offer will be considered final until
after a satisfactory medical evaluation and completion
of the background investigation. After the conditional
offer has been made, the applicant may be asked
about previous injuries and workers' compensation
claims.
4. Ensure that the appointee understands job benefits, health
plans, administrative matters concerning overtime and off-duty
employment, plus conditions of employment, pension, and
disability.
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E. Re-application: Unsuccessful applicants will be notified by the
Sheriff’s Office in writing or by phone and may re-apply if and when
another vacancy becomes available.

F. Lateral entry

1. An already-certified deputy or police officer in another Virginia


agency must meet the criteria set forth above. If accepted for
employment, the deputy will not be assigned to attend a basic
academy, subject to the status of the deputy’s certification and
training.
2. The employee assigned to investigate the applicant shall
ensure that an applicant with prior law enforcement
experience has not been decertified per §§ 15.2-1707 and -
1708. Further, the requirements for those with prior law
enforcement experience must be met in accordance with §§
15.2-1705 B.

G. Disqualification

1. In disqualifying an applicant following any examination, the


sheriff must show that

a. the applicant cannot perform the essential requirements


of the job; and
b. that no reasonable accommodation would enable the
applicant to perform the essential requirements of the
job.

2. Following a medical examination, an offer of employment may


be withdrawn if the applicant poses a "direct threat" in the
workplace (per EEOC guidelines, "a significant risk of
substantial harm to the individual or others that cannot be
eliminated or reduced through reasonable accommodation").
The sheriff must base the threat on medical knowledge, not
just speculation.

V. PROBATION

A. All newly-hired deputies shall be considered on probation for one


year from the date of employment. The same probationary period
applies to deputies hired through lateral entry.

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B. The date of employment for deputies on occasions will exceed 30
days before the beginning of a basic academy class to which the
appointee has been assigned. If the deputy begins work before a
basic academy, he or she shall perform duties only with experienced
deputies as an observer unless otherwise directed by the sheriff.
C. At the end of the probationary period, the chief deputy or designee
shall write a performance evaluation, if required by the Sheriff. The
Sheriff reserves the right to extend the probationary period an extra
90 days because of an unsatisfactory rating.
D. Probationary employees who wish to protest their ratings have no
grievance rights except to request an interview with the sheriff, which
may or may not be granted.

VII. RECORDS

A. For each employee, the office maintains a personnel record, which


includes all forms completed during the hiring process, all
evaluations, complaints, commendations, leave/attendance record,
and assignments.

B. The sheriff maintains and controls all personnel records. The office
complies with the records retention schedule set by the Library of
Virginia.

C. Employees may review their records at any reasonable time upon


request. The sheriff may release a record from file upon obtaining a
signed receipt from the authorized person with a need to review it.

D. All personnel records are considered confidential, sensitive


information available for review to supervisory personnel who have a
need, as determined by the sheriff or chief deputy.

E. If the sheriff deems it necessary to include derogatory information in a


personnel file, he shall notify the employee of the fact in writing. The
employee may protest the inclusion of such information in writing to
the sheriff. Probationary employees have no right of protest in such
matters.

F. Personnel records are permanent property of the office.

G. Deputies from the office may terminate employment and seek a


lateral hire with another agency. Requests for employment
information on these deputies shall be referred to the sheriff or chief

GO 1-5
Selection
6
Revised: 12/01/2020
deputy. The sheriff or chief deputy shall disclose the employee's
performance record consistent with § 15.2-1709.

1. Any request for information on a present or past employee


shall be limited to information contained only in the official
personnel file.

2. All information requested for release will be accompanied by a


signed release form from the former or current employee
seeking other employment.

This policy supersedes all previous administrative directives.

GO 1-5
Selection
7
Revised: 12/01/2020
Number: Page:
WRITTEN DIRECTIVE 1-6 1 of 3
Subject: Effective Date: Revised Date:
PERFORMANCE 6/8/2006; 03/31/2015 05/01/2022
EVALUATIONS Supersedes/
Amends:
Reference: VLEPSC STANDARDS

PER.06.01 - .02
_________________________
Donald T. Sloan, Sheriff

NOTE
This order is for internal use only, and does not enlarge a deputy's civil or
criminal liability in any way. It should not be construed as the creation of a
higher standard of safety or care in an evidentiary sense, with respect to
third-party claims. Violations of this directive, if proven, can only form the
basis of a complaint by the Sheriff's Office, and then only in a non-judicial
administrative setting.

I. POLICY

The office bears an obligation to the public and its own personnel to maintain
the most qualified employees. The office regularly and formally evaluates
the performance of deputies and other employees. The evaluation system
discussed herein serves both the interests of management and employees.
The purposes of the evaluation system are to (1) allow fair and impartial
personnel decisions; (2) maintain and improve performance; (3) provide a
basis and a medium for personnel counseling; (4) assist decisions about the
tenure of probationary employees; and (5) identify training needs.

II. PURPOSE

The purpose of this order is to outline and describe the office evaluation
process.

III. PROCEDURES

A. General

1. All deputies shall be evaluated using the form located at the


end of this order.

2. Evaluations reflect observations and perceptions by rating


personnel and are, therefore, inherently subjective.

GO 1-6
Performance Evaluations
1
Revised: 05/01/2022
Nevertheless, personnel shall be rated as having
demonstrated unacceptable, needs improvement, good or
above average as noted by comment.

3. Each deputy shall be evaluated annually. During a


probationary period a deputy may receive evaluations at the
sheriff's discretion.

4. All evaluations shall be placed in employees' personnel files.

5. All newly-hired deputies in their probationary year may receive


written evaluations after six months of employment if no
significant deficiencies are observed.

6. Deputies promoted or transferred to new assignments may


receive evaluations at least every six months for the first year
of assignment or promotion, or more often at the sheriff's
discretion.

7. Deputies shall be evaluated formally by the captain with input


from the sergeants.

8. A deputy who receives an unacceptable mark he or she


perceives to be unjust may appeal same to the chief deputy or
sheriff. The deputy concerned must rebut the comments or
marks in writing and submit them through the chain of
command to the sheriff.

9. Goals for the next evaluation period shall be discussed and


included in the performance evaluation following consultation
with the captain or other command staff if necessary. The
captain or other command staff shall help construct the
deputy’s goals for the coming year in consultation with the
deputy.

10. The chief deputy shall advise on performance evaluations the


results and the level of performance expected. The sheriff may
offer remarks on the evaluation form about the deputy’s
success in achieving the goals.

a. The evaluation goals shall reflect court services / field


concerns.

b. The level of performance expected may include job


related training.

GO 1-6
Performance Evaluations
2
Revised: 05/01/2022
B. Evaluation of chief deputy, captain and sergeants

1. The chief deputy shall be evaluated by the sheriff.

2. The captain shall be evaluated by the chief deputy.

3. The first-sergeant and sergeant shall be evaluated by the


captain.

The following points shall be addressed at a minimum for


supervisory personnel:

a. Ability to instill in deputies a high regard and respect for


the safe delivery of services in courtroom security, civil
process, transports, the rule of law, civil rights, and
concern for victims.

b. Ability to perceive performance weaknesses in his or


her deputies and counsel for improved performance.

c. Ability to reprimand, counsel, praise, or otherwise


discipline his or her deputies.

d. Ability to take responsibility for the performance of his


or her deputies.

C. The Evaluation of Civilian Employees

1. The Secretary shall be evaluated by the Chief Deputy.

2. The Accreditation Manager shall be evaluated by the Sheriff.

This policy supersedes all previous administrative directives.

GO 1-6
Performance Evaluations
3
Revised: 05/01/2022
Number: Page:
GENERAL ORDER 1-7 1 of 11
Subject: Effective Date: Revised Date:
6/8/2006 11/01/2018
EMPLOYEE DISCIPLINE Supersedes/
Amends:
Reference: VLEPSC STANDARDS

PER.09.01 - .05
___________________________
Donald T. Sloan, Sheriff

NOTE
This order is for internal use only, and does not enlarge a deputy's civil or criminal
liability in any way. It should not be construed as the creation of a higher standard
of safety or care in an evidentiary sense, with respect to third-party claims.
Violations of this directive, if proven, can only form the basis of a complaint by the
Sheriff's Office, and then only in a non-judicial administrative setting.

I. POLICY

It is the office policy to impose disciplinary action fairly and impartially.


Discipline is a process of imposing formal sanctions, which will help train or
develop an employee, preferably through constructive rather than punitive
measures. Discipline in the office involves reward of employees, training,
counseling, and as a last resort, punishment.

II. PURPOSE

The purpose of this order is to establish procedures concerning informal and


formal disciplinary practices within the office.

III. DEFINITIONS

A. Days

The term “days,” as used herein, means calendar days provided,


however, that if the last day of any time period mentioned herein is a
Saturday, Sunday, or holiday, the time period shall be extended to
the next day.

B. Relief from duty

An administrative action by a superior whereby a subordinate


employee is temporarily relieved from performing his or her duties.

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Employee Discipline
1
Revised: 11/01/2018
C. Discipline

Training or developing an employee by proper supervision and


instruction. Discipline may be positive (awards) or negative
(punishment).

IV. PROCEDURES

A. Positive discipline

Positive discipline seeks voluntary compliance with established


policies, procedures, and orders. Methods of positive discipline
include:

1. Recognition of excellent job performance through rewards or


awards.

a. When people outside the office compliment an


employee's performance, the person who receives the
information shall make a record of the comments and
pass them to the employee's supervisor. When the
sheriff receives compliments about an employee, he or
she will write a thank-you to the citizen. Copies of the
citizen's statement and the sheriff's response shall be
sent to the deputy involved, the supervisor and, if the
subject is deemed significant, a copy of all
correspondence shall be placed in the employee's
personnel file.

b. Truly exceptional acts shall be clearly and promptly


identified to the sheriff. These acts may be the basis
for special awards or for special recognition by citizen-
community groups or media coverage.

2. Discussion and counseling

3. Training

B. Consistency in discipline

The office abides by the philosophy that discipline must be applied


consistently and uniformly. GO 1-9 describes complaint procedures
against office employees whereas this order discusses employee
recognition and penalties for various infractions.

Go 1-7
Employee Discipline
2
Revised: 11/01/2018
1. The office does not provide employees with lists of specifically
prohibited behavior. One list of examples of such behavior
appears in GO 1-2, but no list can be all-inclusive. Employees
are expected to have a reasonable perception of what
constitutes proper behavior, based on academy training and
the observance of the behavior of deputies generally.

C. Relief from duty

An employee may be relieved from duty whenever a supervisor,


whether the sheriff, chief deputy, or captain, questions an employee's
physical or psychological fitness for duty. An investigation may
follow.

1. The chief deputy or captain has authority to relieve an


employee from duty, but must promptly report this action to the
sheriff, accompanied by a written report setting forth details
and circumstances.

2. If the necessity to relieve from duty is not immediate, only the


sheriff may relieve an employee from duty. Only the sheriff
may suspend without pay a deputy whose continued presence
on the job constitutes a substantial and immediate threat to the
welfare of the office, the public, or to himself.

3. A deputy who refuses to obey a direct order in conformance


with the office's orders may be relieved from duty by the chief
deputy or captain who may recommend suspension to the
sheriff. The sheriff may then suspend without pay or dismiss.

D. Penalties

The following penalties are available:

1. Oral reprimand; counseling.

2. Written reprimand.

3. Demotion or suspension with or without pay.

4. Dismissal from the office.

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Employee Discipline
3
Revised: 11/01/2018
E. Oral reprimand; counseling and training

Oral reprimands, while informal, require documentation with an


employee's acknowledgment of such record. The following steps
shall be observed:

1. At the time of an oral reprimand, the employee receiving it


shall be counseled as to correct behavior, and further advised
that a written record shall be maintained concerning the
reprimand/counseling, and that the employee may read the
record.

2. The employee shall be further advised that he or she has the


right to file a statement in his or her personnel file setting forth
his or her position, in case of disagreement.

3. The reprimanding supervisor shall record the


reprimand/counseling in a memorandum to the personnel
record containing the following information:

a. Employee's name and rank

b. Date of reprimand/counseling;

c. Summary of reasons for reprimand/counseling;

d. Summary of employee's response;

e. Suggestions for improvement or specific actions taken

f. Name of counselor and signature.

g. That the employee is required to acknowledge the


reprimand/counseling by signing the record."

4. Oral reprimand/counseling may involve remedial training. This


training may be deemed necessary to rectify the improper
behavior. Remedial training may include attendance at
academy classes, in-service, or other training specially created
to help the employee correct or modify his or her behavior.
Remedial training is reasonably offered until the employee can
demonstrate proficiency in the corrected behavior. All training
shall be documented.

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Employee Discipline
4
Revised: 11/01/2018
5. If the employee has not behaved improperly following
counseling for one year, the record of counseling may be
expunged from the employee's personnel file. Accumulation
of three oral reprimands in one year shall result in a written
reprimand or suspension, depending on circumstances.

6. Supervisors are expected to counsel employees regularly


without oral reprimands. Most counseling is informal, positive,
supportive, and perhaps undocumented.

a. Supervisors are responsible for counseling employees


concerning job-related matters, within their capabilities.
Many things can affect the job and an employee's
performance, so job-related counseling may involve
family and other individual, personal subjects.
Counseling may include identification of unacceptable
behaviors or actions, specifically what was done wrong
and the desired or acceptable performance. Counseling
can attempt to determine the reason for the particular
behavior, determine and recommend how to correct or
improve performance or to solve the problem.

b. A variety of counseling resources are available within


the community including psychological, family, marital,
and financial counseling. Employees in need of
counseling, or desiring information about available
resources, are encouraged to talk with the sheriff. The
office recognizes that no stigma is attached to seeking
professional counseling to solve problems. Referrals to
the Employee Assistance Program can be made to
assist employees with job related issues.

F. Written reprimand

A written reprimand, issued by the sheriff or chief deputy cautions an


employee about poor behavior, sets forth the corrected or modified
behavior mandated by the office, and specifies the penalty in case of
recurrent poor behavior. A written reprimand becomes a permanent
part of the employee's personnel record.

G. Demotion or suspension without pay

If the situation warrants, the sheriff, may demote an employee or


suspend without pay, measures normally considered equivalent.

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Employee Discipline
5
Revised: 11/01/2018
1. Suspensions without pay will normally apply to a period of up
to 15 days, as determined by the sheriff.

2. If an employee becomes a candidate for suspension a second


time within one year after the first suspension, the employee
may be dismissed.

3. Suspensions resulting from criminal investigations may be


prolonged beyond 15 days pending court action.

a. In no case shall an employee convicted of a felony


continue to work for the office.

b. If an employee is acquitted of criminal charges, the


employee may yet be disciplined at the discretion of the
sheriff or reinstated with full or partial back pay.

4. Any member suspended for a period five days or longer shall


return all office-owned property. On any suspension, the
deputy must return to the office custody of his or her badge,
identification card, and issued firearm.

5. During a suspension, the employee shall not undertake any


official duties.

6. Demotion shall be to the next lowest pay grade up to 10%


according to State Compensation Board Policy. Demotion
shall only apply to individuals of rank including Master
Deputy’s, which can also be demoted according to
compensation board standards.

H. Dismissal

Dismissals are made in cases of extreme misfeasance, malfeasance,


or nonfeasance of duty. A complete record of the circumstances of
the misbehavior shall be made by all persons having knowledge of
the misbehavior.

1. Whenever a dismissal or suspension occurs, the Sheriff shall


provide notice to the employee citing the reasons for dismissal
along with the effective date.

I. Reporting arrests

Any employee arrested for, charged with, or convicted of any crime,


or required to appear as a defendant in any criminal or civil
Go 1-7
Employee Discipline
6
Revised: 11/01/2018
proceedings, must so inform the sheriff in writing as soon as possible.
Employees do not have to report parking tickets or minor traffic
offenses. Employees must report summonses or arrests for reckless
driving, DUI, second or more violations for speeding, or any other
traffic offenses. Failure to notify the office of the foregoing shall be
cause for punishment.

V. INFRACTIONS AND PUNISHMENTS

A. Except for gross breaches of discipline or moral turpitude,


supervisors shall begin employee discipline with the least punitive
measures. If these do not work, then increasingly more severe
measures may be required. While this process may take some time,
it is important that each employee be dealt with justly and in a
manner, which clearly indicates that positive, constructive measures
to change behavior or performance preceded the imposition of more
negative sanctions.

B. Unacceptable conduct is divided into three categories according to


severity of misbehavior.

1. Category I.

Examples:

a. Excessive absences, tardiness.

b. Abuse of duty time (too much time away from


established duties; too much time for personal
business).

c. Abusive or obscene language.

d. Inadequate or unsatisfactory job performance.

e. Disruptive behavior.

Category I offenses are of minor severity yet require correction


in the interest of maintaining a productive and well-managed
office.

Category I offenses normally result, in the first offense, in


informal measures such as counseling, or perhaps oral
reprimand/formal counseling. Three Category I offenses in
one year results in a written reprimand or suspension of up to
Go 1-7
Employee Discipline
7
Revised: 11/01/2018
five days. A fourth instance in one year shall provide grounds
for longer suspension or dismissal.

2. Category II.

Examples:

a. Failure to follow supervisor's instructions, perform


assigned work, or otherwise comply with policy.

b. Violating safety rules without a threat to life.

c. Unauthorized time away from work assignments


without permission during duty hours.

d. Failure to report to work without proper notice to a


supervisor.

e. Unauthorized use or misuse of office property.

f. Refusal to work overtime based on a reasonable


request, or repeated refusals to work overtime.

Category II offenses include more severe acts and


misbehavior.

Category II offenses normally result, in the first instance, an


issuance of a written reprimand. A subsequent infraction
within two years may result in suspension, demotion or
dismissal.

3. Category III.

Examples:

a. Absence in excess of three days without notice to a


superior.

b. Use of alcohol or unlawful possession or use of a


controlled substance while on duty.

c. Reporting to work under the influence or when ability is


impaired by alcohol or the unlawful use of controlled
substances.

d. Insubordination or serious breach of discipline.


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Employee Discipline
8
Revised: 11/01/2018
e. Falsification of any reports such as, but not limited to,
vouchers, official reports, time records, leave records,
or knowingly making any false official statement.

f. Willfully or negligently damaging or destroying city


property.

g. Theft or unauthorized removal of office records or city


or employee property.

h. Gambling on city property.

i. Acts of physical violence or fighting (except official


sheriff's actions).

j. Violating safety rules where there is a threat to life.

k. Sleeping on duty.

l. Participating in any kind of work slowdown or sitdown


or any other concerted interference with city operations.

m. Unauthorized possession or use of firearms, dangerous


weapons, or explosives.

n. Threatening or coercing employees or supervisors.

o. Criminal convictions for acts of conduct occurring on or


off the job which are plainly related to job performance
and consequently to continue the employee in the
assigned position would constitute negligence
regarding the agency's duties to the public.

p. Failure to take physical or mental examinations as


required. The sheriff may require mental or physical
examinations of a member or employee when, in the
sheriff's estimation, it is in the best interest of the
member, employee, or the office and shall be provided
at no cost to the employee.

q. Using public office for private gain.

r. Engaging in criminal conduct on or off the job.

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Employee Discipline
9
Revised: 11/01/2018
s. Engaging in dishonest or immoral conduct that
undermines the effectiveness of the agency's activities
or employee performance, whether on or off the job.

t. Willful disobedience of a lawful command of a


supervisor.

u. Disclosure of confidential information to any person


except those who may be entitled to such information.

v. Taking any action, which will impair the efficiency or


reputation of the office, its members, or employees.

w. Acceptance of any bribe, gift, token, money, or other


things of value intended as an inducement to perform
or refrain from performing any official act, or any action
of extortion or other means of obtaining money or
anything of value through his position.

x. Manifesting cowardice, feigning illness, or otherwise


attempting to shirk official duty.

y. Involvement in any compromise between persons


accused of crime and the person or persons who may
have suffered from criminal acts with the purpose of
allowing the accused to escape punishment.

z. Failure to answer questions specifically directed and


related to official duties or job fitness (unless criminal
prosecution is contemplated; see R.R. 1-9.)

aa. The use of unnecessary force during an arrest/custody


procedure.

bb. Deviation from established procedures in the


disposition of summons or arrest cases.

Category III offenses include acts of such severity as to merit


suspension or dismissal at a single occurrence.

Category III offenses may be punished by suspension up to 15


days or longer.

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Employee Discipline
10
Revised: 11/01/2018
D. Probationary employees

Probationary employees shall be dismissed, suspended, or otherwise


disciplined according to the foregoing.

1. In the case of a dismissed probationary employee, the official


record shall merely indicate that the person was dismissed
during probationary employment.

E. Sexual harassment and other discrimination

Employees found to have engaged in discrimination on the basis of


race, color, religion, national origin, political affiliation, handicap, age,
or sex (including sexual harassment) may be counseled or disciplined
with either a Category I, II, or III Offense, depending upon the specific
facts and circumstances surrounding the incident.

1. Sexual harassment is defined in R.R. 1-8.

VI. APPEALS

A. The employee has no right of appeal in disciplinary actions.

VII. MAINTENANCE OF RECORDS

A. All records of disciplinary actions shall be kept in locked files


located in a secure area.

This policy supersedes all previous administrative directives.

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Employee Discipline
11
Revised: 11/01/2018
Number: Page:
WRITTEN DIRECTIVE 1-8 1 of 4
Subject: Effective Date: Revised Date:
6/5/2006 03-10-2015
SEXUAL HARASSMENT Supersedes/
Amends:
Reference: VLEPSC STANDARDS

_________________________
Ronald L. Gillispie, Sheriff

I. POLICY

The office policy is to provide a professional, businesslike work environment free


from all forms of employee discrimination including incidents of sexual harassment.
No employee shall be subjected to unsolicited and unwelcome sexual overtures or
conduct either verbal or physical. Note that the conduct is measured against what an
objective, reasonable man or woman (depending on the sex of the complainant)
perceives as harassing behavior. The harassment may involve a man against a
woman, a woman against a man, or a person against another person of the same sex.
The harassing behavior, to be subject to this order, need not occur only during work
hours on agency premises, but may occur before or after work at other locations.
Sexual harassment is misconduct and the office shall apply appropriate disciplinary
sanctions.

II. PURPOSE

To define and give examples of sexual harassment, outline prohibited behavior, and
describes reporting procedures.

III. DEFINITIONS

A. Sexual harassment

The Civil Rights Act of 1964 prohibits discrimination based on color, race,
religion, age, national origin, and sex. Sexual harassment is a form of sex
discrimination, defined as unwelcome sexual advances, requests for favors,
and other verbal or physical conduct that enters into employment decisions,
or conduct that unreasonably interferes with an employee’s work
performance or which creates an intimidating, hostile, or offensive working
environment. Two kinds of sexual harassment apply, quid pro quo
harassment and hostile work environment harassment, defined below. The
two forms of harassment may overlap.

B. Quid pro quo harassment

This form of harassment occurs when an employee is being pressured to


engage in sexual conduct or else lose a tangible job benefit. (Quid pro quo
means "something for something.") This form of harassment usually occurs

1-8.1
between a supervisor and a subordinate where the harasser has power to
control the employee's work benefits or conditions. Note that this form of
harassment is not limited to express demands for sexual favors, but may be
implied by circumstances (e.g., offering an employee sexually explicit
magazines).

1. Examples of this form of harassment include a request for sexual


favors, accompanied by implied or overt threats concerning a
person's employment status, or promise of preferential treatment in
terms of benefits or status; granting job favors to those who
participate in consensual sexual activity while penalizing those who
refuse to participate; unwanted, intentional touching (patting,
massaging, rubbing, hugging, pinching); telephoning or following an
employee, during work hours or not, and either harassing the
employee or requesting sexual favors.

C. Hostile work environment harassment

This form of harassment is unwelcome conduct that is so severe or pervasive


as to change the conditions of the victim's employment, thus creating an
intimidating, hostile, or offensive work environment.

1. A hostile environment exists when the employer tolerates


unwelcome, pervasive conduct including sexual comments of a
provocative or suggestive nature; jokes or innuendo's intended for
and directed to another employee; leaving sexually explicit books,
magazines, photographs where employees will find them;
unwelcome demeaning comments (such as talking about physical
attributes), ridicule, offensive language, propositions or other similar
actions; unwanted, unwarranted, unsolicited off-duty telephone calls
and contact; signed or anonymous notes or drawings placed on or in
desks, bulletin boards, or in lockers; deliberately singling out women
in front of men co-workers (or vice versa) and subjecting them to
demeaning or derogatory remarks.

IV. PROHIBITED CONDUCT

A. Supervisors shall ensure those pornographic or suggestive photographs,


illustrations, or cartoons shall not be posted or kept in any work area.

B. Supervisors shall order employees on office premises who are making


sexually hostile comments, put-downs, or degrading remarks about other
persons of the same or opposite sex to cease or face discipline.

1-8.2
C. Employees shall avoid physical contact with one another unless required by
training situation or sheriff's procedure. Any unwanted touching is
prohibited on office premises.

D. Personnel shall not retaliate against any person for reporting sexual
harassment, giving testimony, or participating in the investigation.
Retaliation in any form shall result in discipline.

V. PROCEDURES

A. An employee who believes he or she has been sexually harassed should first
tell the offender to cease the inappropriate behavior, although circumstances
may not always allow the complainant to make this request. If the conduct
does not stop, or if the complainant is unable to confront the offender, the
complainant shall contact his or her own immediate supervisor. The
employee shall submit a memorandum to the sheriff through the chain of
command detailing circumstances. If a supervisor learns of an incident of
harassment, he or she shall investigate the matter even if the victim did not
submit a complaint. If the offender is a supervisor, the victim may go to the
next higher supervisor in the chain of command.

1. If the complainant is not an employee of the office, the complaint


itself is considered no less valid and shall be investigated according
to the procedures set forth in this order and in G.O. 1-9.

2. Employees must understand that sexual harassment can become a


criminal matter. Allegations of stalking (Virginia Code § 18.2-60.3)
and sexual battery (§ 18.2-67.4) shall be handled immediately as
criminal investigations.

3. If appropriate, the complaint may be resolved at the immediate


supervisory level.

B. When an employee reports an allegation of sexual harassment, a confidential


internal investigation shall begin immediately.

1. The sheriff shall immediately take action to limit the concerned


employees from any further work contact with the alleged offender.

2. The sheriff shall conduct or direct an investigation pursuant to the


provisions of G.O. 1-7 and G.O. 1-9.

C. If the situation warrants, the sheriff may report such allegations to the city
police department without delay.

1-8.3
D. If the allegation involves the sheriff or similar senior official the complainant
may present the allegation without delay to the commonwealth attorney’s
office.

This policy supersedes all previous administrative directives.

1-8.4
1-8.5
Number: Page:
WRITTEN DIRECTIVE 1-9 1 of 17
Subject: Effective Date: Revised Date:
6/5/2006, 1/9/2009,
9/05/2014 03-31-2015
COMPLAINTS Supersedes/
Amends:
Reference: VLEPSC STANDARDS
ADM.18.02 - .04
_________________________
Ronald L. Gillispie, Sheriff

I. POLICY

The office image and reputation depend on the personal integrity and discipline of all office
employees. To a large degree, the public image of the office is determined by a professional
response to allegations of misconduct against its employees. The office must competently
and impartially investigate all allegations of misfeasance, malfeasance, nonfeasance by
employees and complaints bearing on the office's response to community needs. The office
recognizes that its personnel are often subject to intense pressures in the discharge of their
duties. The employee must remain neutral under circumstances that are likely to generate
tension, excitement, and emotion. In these situations, actions and events frequently result in
misunderstanding and confusion. It is to the advantage of all employees to have a procedure
for the investigation of the more serious allegations and underlying circumstances so that
complaints can be resolved in light of the complicated pressures of law enforcement field
services.

II. PURPOSE

To describe procedures for recording, investigating, and adjudicating all complaints against the
agency or employees of the agency.

III. PROCEDURES - GENERAL

A. Receipt of complaints

The office encourages citizens to bring forward legitimate complaints regarding


misconduct by employees. Office members shall receive all complaints courteously
and shall handle them efficiently. All deputies are obligated to explain complaint
procedures to inquiring citizens.

B. Responsibilities of supervisors

1. Supervisors are primarily responsible for enforcing conformance with office


standards and orders.

2. Supervisors shall know the deputies in their charge by closely observing


their conduct and appearance.

1-9.1
3. Supervisors shall be alert to behavioral changes or problems in their
subordinates and, if necessary, document these changes and confer with the
sheriff. The supervisor shall assess the behavior, take or recommend
appropriate action.

4. The supervisor shall recommend and, if appropriate, help conduct extra


training for deputies not performing according to established standards.

5. The supervisor shall employ counseling techniques sanctioned by the office.


Counseling is used to adjust and correct minor, infrequent errors or instances
of poor performance and to ascertain the nature of any professional or
personal problems that bear on performance.

a. The supervisor shall document all instances of counseling.

6. Supervisors: Supervisors will investigate complaints of:

a. Rudeness/Verbal Abuse

b. Harassment

c. Complaints regarding issuance of summons

d. Minor violations of policy and procedures

e. Minor accidents

7. When a complaint is received concerning the conduct or behavior


of a member of this department, the first person having knowledge
of the complaint will refer it to the Supervisor on duty.

8. The Supervisor shall determine:

a. If the complaint is merely a lack of understanding by the


Complainant and/or the deputy;

b. If the complaint can be satisfied without formal


adjudication. Formal adjudication is defined as any
corrective action higher than counseling;

c. If the Complainant desires to initiate a formal complaint,


regardless of the nature of the complaint;

1-9.2
d. If the events surrounding the complaint are of a magnitude
that would require formal adjudication regardless of the
complainants intentions.

9. If a complaint is deemed to require less than formal adjudication, it


shall be handled at the level of its origin and maintained at that
level. A miscellaneous report will be submitted on ALL cases
handled at the supervisory level.

10. If a complaint is deemed to require formal adjudication, or meets


criteria of 8-c, the Supervisor shall forward the complaint to the
Sheriff or Chief Deputy as soon as practical.

C. How to make a complaint

A copy of "How to Make A Complaint" is posted in the lobby of the Lynchburg


Sheriff's Office and may be given to any citizen requesting information on how to
make a complaint. A copy of "How to Make a Complaint" is found in the appendix
to this order.

D. Responsibility for handling complaints

1. Complaints involving how mandated services are provided or a failure to


provide service or improper attitudes or behavior may be investigated and
handled by the Chief Deputy. The sheriff may ask another agency having
jurisdiction or the V.S.P. to conduct any investigations involving allegations
of excessive force, civil rights violations, or instances where death or serious
bodily injury has occurred. In any case, the Sheriff or his designee shall
oversee any assigned investigation of alleged misconduct of office
personnel.

2. Complaints alleging improper conduct, brutality, or misconduct involving


several personnel or supervisory personnel may be investigated by an outside
agency upon request of the sheriff.

E. Complaint-handling procedures

1. All complaints, regardless of nature, can be logged in person, by mail, or by


phone at any time. As part of the follow-up investigation, persons making
complaints by mail or phone normally shall be interviewed and a written,
signed complaint prepared. A copy of the complaint form is found in the
appendix to this order. Anonymous complaints shall be followed up to the
extent possible.

1-9.3
a. In case of an anonymous complaint, the deputy or other person who
receives the anonymous complaint shall complete the form in the
appendix to the extent possible.

2. Every effort shall be made to facilitate the convenient, courteous, and prompt
receipt and processing of citizen complaints. An employee of the office who
+interferes with, discourages, or delays the making of complaints shall be
subject to disciplinary action.

3. Normally, a citizen with a complaint shall be referred to a command officer


who shall assist the citizen in recording pertinent information. The sheriff or
chief deputy may, if appropriate, conduct a preliminary investigation. The
preliminary investigation consists of questioning the deputy, complainants,
or witnesses, and securing evidence.

a. Upon completion of the preliminary investigation, the following


documents shall be prepared and forwarded through the chain of
command: a report of the alleged violation; any documents and
evidence pertinent to the investigation; recommendations for further
investigation or other disposition.

4. If the supervisor determines that the complainant is apparently under the


influence of an intoxicant or drug, or apparently suffers from a mental
disorder, or displays any other trait or condition bearing on his or her
credibility, the supervisor shall note these conditions on the reverse side of
the complaint form. Any visible marks or injuries relative to the allegation
shall be noted and photographed.

a. Prisoners or arrestees also may make complaints, although


circumstances may require an office representative to meet the
complainant at a jail or prison for an interview. If appropriate, the
representative will have photographs taken of prisoners' injuries.

5. An employee who receives a citizen's complaint through U.S. mail shall


place the correspondence and envelope in a sealed envelope and forward it to
the sheriff, who shall determine investigative responsibility.

6. Complaints received by telephone by other employees shall be courteously


and promptly referred to the sheriff. The employee shall record the name
and telephone number of the complainant and state that the sheriff or, if
unavailable, the chief deputy or his designee shall call back as soon as
practical or may follow up with a letter acknowledging receipt of the
complaint.

7. The above procedure may also be used when office employees desire to
enter a complaint against any other employee governed by this order.

1-9.4
F. Disposition of complaints generally

The sheriff or designee shall:


1. Notify the complainant and the employee being investigated, in writing, as
soon as practical, that the office acknowledges receipt of the complaint, that
it is under investigation and that the investigation will be completed within
thirty days. The complainant and the employee will be advised of the
outcome. If the investigation exceeds thirty days, the sheriff or his designee
shall write the complainant and the employee a letter explaining the
circumstances of the delay.

2. Maintain complaint files separate from personnel files.

3. Take appropriate disciplinary action following the investigation.

G. Disposition of serious complaint

1. Allegations of misconduct that might result in discharge, suspension, or


demotion, or criminal charges being sought are serious complaints. The
term "serious complaint," in this manual, is synonymous with "internal
investigation." Internal investigations examine alleged brutality, gross
excesses of legal authority, or allegations involving supervisory or multiple
personnel.

2. In these cases, the sheriff or his designee shall:

a. Record, register, control or cause to be recorded, registered, or


controlled the investigations of employees.

b. Supervise the activities under "a."

c. Maintain confidential records of Internal Affairs activities.

d. Ensure that the investigation is conducted according to Virginia Code


§ 2.1-116.1 through 116.9, a copy of which shall be provided to each
deputy under investigation.

e. Maintain close liaison with the commonwealth's attorney in


investigating alleged criminal conduct. Where liability is at issue,
the sheriff shall similarly maintain contact with the Division of Risk
Management.

IV. PROCEDURES: INVESTIGATIVE

1-9.5
Two types of investigations may take place: administrative or criminal. Different rules
govern interviews of employees in each case. Before any interview, the employee under
investigation shall receive a confidential written notice of the complaint. This notice will
include a copy of the original complaint, a summary of the facts, and the officer's rights and
responsibilities.

A. Assistance of legal counsel

1. Employees are permitted to have an attorney, supervisor, or other


representative with them in the room during any interview regarding
allegations of misconduct.

2. The employee's representative is limited to acting as an observer at the


interview, except that where the interview focuses on, or leads to, evidence
of criminality, the legal representative may advise and confer with the
employee during the interview.

B. Interview for administrative purposes

If the sheriff wishes to compel an employee to answer questions directly related to


his or her official duties and the sheriff is willing to forego the use of any answers in
a criminal prosecution, the sheriff or another interviewer shall advise the employee
that:

1. The purpose of the interview is to obtain information to determine whether


disciplinary action is warranted. The answers obtained may be used in
disciplinary proceedings resulting in reprimand, demotion, suspension, or
dismissal.

2. All questions specifically related to employment must be fully and truthfully


answered. Refusal to answer may result in disciplinary action.

3. No answers given nor any information obtained by reason of such statements


are admissible against the employee in any criminal proceeding.

a. Read to the employee the following:

"I advise you that you are being questioned as part of an official
investigation of the office. You will be asked questions specifically
directed and narrowly related to the performance of your official
duties or fitness for office. You are entitled to all the rights and
privileges guaranteed by the laws and the constitution of this state
and the Constitution of the United States, including the right not to
be compelled to incriminate yourself. I further wish to advise you
that if you refuse to testify or to answer questions relating to the
performance of your official duties or fitness for duty, you will be

1-9.6
subject to office charges, which could result in your dismissal from
the office. If you do answer, neither your statements nor any
information or evidence, which is gained by reason of such
statements, can be used against you in any subsequent criminal
proceeding. However, these statements may be used against you in
relation to subsequent office charges."

4. In an interview for administrative purpose, no Miranda rights are required.


Further, the foregoing rules are inconsistent with Miranda in that employees'
statements cannot be used as evidence.

a. The interviewing officers shall use the "administrative proceedings


rights" form found in the appendix to this instruction.

C. Interviews for criminal investigative purposes

If the sheriff believes that criminal prosecutions are possible and wishes to use
statements against the employee in a criminal proceeding, or at least wishes to
maintain the option of their use, he or another interviewer shall:

1. Give the employee Miranda rights.

2. Advise the employee that if he asserts his right not to answer questions, no
adverse administrative action will be taken based upon the refusal.

a. If the employee decides to answer questions at this point, the


responses may be used in both criminal and disciplinary proceedings.

b. Note that the Miranda admonition includes the provision that a


lawyer may be present at an interview. Although technically the
employee has no right to counsel until the employee has been
criminally charged or his or her freedom of action has been deprived,
the office wishes the employee to have the option. The office wishes
no possibility to arise in which its actions might be construed as
coercive.

V. INVESTIGATIVE TOOLS AND RESOURCES

In addition to interviews of the employee and witnesses, the sheriff may require other
activities in support of a complaint investigation or internal investigation, including:

A. Medical and laboratory examination

The sheriff or deputy in authority may, based on his observation, require an office
employee to submit to a test for alcohol or drug use while on duty. The results may

1-9.7
be used in a disciplinary hearing. Refusal to submit to the examination will be
grounds for disciplinary action and may result in the employee's dismissal.

1. If the employee is believed to be under the influence of alcohol, a licensed


breathalyzer operator shall administer the test. The sheriff or deputy in
authority shall witness the test and sign the report.

2. If the employee has a reading of .05 or higher, or there is other competent


evidence of impaired abilities to perform duties, the deputy shall be relieved
of duty by the sheriff or deputy in authority.

3. If the employee is believed to be under the influence of self-administered


drugs, he may be compelled to submit to a blood or urine test. The test shall
be administered under medical supervision where hygienic safeguards are
met. The sample shall be handled using the same safeguards as evidence in
a criminal process.

4. If the test shows positive results, or there is other competent evidence of


impaired abilities to perform duties, the employee shall be relieved of duty as
soon as possible by the sheriff or other deputies in authority.

5. If an employee refuses to submit to a test, (alcohol or drugs) then the sheriff


or other deputy in authority shall immediately relieve the employee from
duty for failure to cooperate in an administrative investigation.

6. The on-duty supervisor may direct an employee to submit to a breath, blood,


or urine test when a level of inebriation or drug usage is suspected as
interfering with the performance of duty.

a. Property assigned to the employee but belonging to the office is


subject to inspection where the office has a reasonable suspicion that
evidence of work-related misconduct may be found therein. Office
property includes files, storage lockers, desks, and vehicles.

B. Photograph and lineup identification procedures

Officers may be required to stand in a lineup for viewing by citizens for the purpose
of identifying an employee accused of misconduct. Refusal to stand in a properly
conducted lineup is grounds for disciplinary action and may result in dismissal if the
criminal prosecution is not anticipated.

1. Photos of office employees may be maintained for the purpose of


identification by citizens of an employee accused of misconduct.
Photographs of employees for identification are required by the office and
shall be used when narrowly related to the employee's job.

1-9.8
2. Photographs or videotape pictures of employees, with or without their
consent, may be taken for the purpose of internal investigations as related to
the employee's job when the employee is suspected of misconduct.

C. Financial disclosure statements

An employee may be compelled to make financial disclosure statements when


directly and narrowly related to allegations of misconduct involving any unlawful
financial gain. Any evidence gained during the investigation of an administrative
matter cannot be used in any criminal proceeding.

VI. ADJUDICATION OF COMPLAINTS

A. The sheriff will classify completed investigations as:

1. Unfounded - no truth to allegations.

2. Exonerated - allegations true, but result of adherence to proper and


appropriate procedures and techniques.

3. Not sustained - unable to verify the truth of the matters under investigation.

4. Sustained - allegations true.

B. Completed investigations will be maintained in secure files in the sheriff's or chief


deputy’s office and will meet all confidentiality requirements.

C. Disciplinary action taken shall be determined by the seriousness of the violation or


the extent of injury to the victim. It shall be commensurate with the circumstances
surrounding the incident and in consideration of the employee's service record and
prior sustained complaints.

D. Disciplinary records

1. The office shall maintain a secure file of all complaints.

2. The complaints and files shall be kept secured in the sheriff's or chief
deputy’s office and shall be maintained as long as state archival policy
dictates and meeting all confidentiality requirements.

a. Category I offenses mat be purged two years after adjudication, if no


further offenses in any category have occurred.
b. Category II offense records similarly may be purged after three years.
c. Category III records are permanently retained.
Refer to WD 1-7 for definitions of categories.

1-9.9
VII. DUE PROCESS

A. The Fourteenth Amendment to the Constitution provides that a citizen may


not be deprived of "life, liberty, or property, without due process of law."
Employees the Lynchburg Sheriff's Office, however, must be aware that they
are “at will” employees and work at the pleasure of the Sheriff.

B. The office seeks to observe due process of law in the philosophy of the 14th
Amendment in any disciplinary proceeding. Nevertheless, the foregoing
rules circumscribe when legal counsel may or may not be used during
interviews of employees suspected of misconduct.

C. Despite an employee's limited property interest in his job, as described in


paragraph VII.A, the simple fact that an employee has held a job for years
does not entitle him or her to keep it.

D. The office recognizes that an employee, though dismissed or suspended,


may have a liberty interest to enjoy future employment elsewhere and, if
suspended or dismissed, should have an opportunity to set forth his or her
point of view for name-clearing purposes. In view of this interest, the office
affords an employee a hearing.

VIII. BOARD OF INQUIRY

A. The sheriff may invoke a board of inquiry at any time for any disciplinary purpose.
The board will serve to review facts or information to resolve an allegation of
misconduct. A board may be convened in the event of a police shooting, death, or
serious injury of a deputy or citizen killed or injured incident to court service action,
other mandated duties or accident involving an office vehicle dependent upon the
external police investigation.

1. A board of inquiry shall consist of at least three law-enforcement officers of


the rank of sergeant or above from a nearby agency or the Department of
State Police.

2. The board shall recommend a decision to the sheriff, or if the sheriff is


involved in the incident, to the commonwealth's attorney.

3. The board's proceedings will not be recorded and transcribed, however, a board
chairman shall be selected from among the board members who shall write, in a
memorandum to file, a summary of the proceedings, names of board members,
and the board's recommendations.

This policy supersedes all previous administrative directives.

1-9.10
HOW TO MAKE A COMPLAINT

1. If you wish to make a complaint about the actions of a Lynchburg


Sheriff’s Office employee or about any aspect of court service
operations, civil process, transports or other law enforcement duties
please:

a. Come to the Lynchburg Sheriffs Office and tell any employee


that you want to make a complaint and they will direct you to a
supervisor who will assist you; or

b. Call the Lynchburg Sheriffs Office and tell the person answering
the phone that you want to make a complaint; or

c. Request a complaint form through the mail by writing to the


sheriff or write your complaint and mail it to the sheriff at:

Sheriff Ronald L. Gillispie


Lynchburg Sheriffs Office
907 Clay Street
Lynchburg, VA 24504

2. A supervisory deputy will assist you in filling out a complaint form.


This form asks you to identify yourself and then to give specific details
about your complaint.

3. Your complaint will then be investigated. You may be contacted and


asked additional questions about your complaint.

4. If it is going to take a long time to investigate your complaint, you will


receive a letter telling you approximately when you may expect a reply.

5. When your complaint has been investigated, the Sheriff, Chief Deputy
or his designee will review the investigation and will write you a letter
explaining what has been found out about the matter.

Appendix to G.O. 1-9

1-9.11
REPORT OF COMPLAINT AGAINST SHERIFF'S PERSONNEL

CONFIDENTIAL

Name of complainant: ___________________________________________________________________


At what address can you be contacted: _____________________________________________________
What phone number? Residence: ____________________ Work: __________________
Date and time of incident: ____________________________________________________________
Location of incident: __________________________________________________________________
Name of deputies or employees against whom complaint is being filed, or other identifying marks (vehicle
tag number, color, type etc.)

Rank: ___________________________ Name: ____________________________________


I.D. # ___________________________ Badge: ____________________________________
Vehicle: ________________________________

Name(s)/address/phone number or other identifying information concerning any witnesses, if applicable:


_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________

Statement of allegation:
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
(If further space is needed use reverse side of sheet)

I understand that this statement of complaint will be submitted to the Lynchburg City Sheriff and
may be the basis for an investigation. Further, I sincerely and truly declare and affirm that the facts contained
herein are complete, accurate, and true to the best of my knowledge and belief. Further, I declare and affirm
that my statement has been made by me voluntarily without persuasion, coercion, or promise of any kind.

I understand that, under the regulations of the office, the employee against whom this complaint is
filed may be entitled to request a hearing before a board of inquiry. By signing and filing this complaint, I
hereby agree to appear before a board of inquiry, if one is requested by the sheriff, and to testify under oath
concerning all matters relevant to this complaint.

_________________________________ _____________________
Signature of Complainant Date

____ Check if complainant refused to sign

_______________________________________ _______________________________
Signature of Person Receiving Complaint Date and Time Received

Appendix to G.O. 1-9

1-9.12
ADMINISTRATIVE PROCEEDINGS RIGHTS
NOTICE OF ALLEGATIONS

NAME______________________________________/DATE______________/ TIME__________

Whenever an investigation by the Lynchburg City Sheriff’s Office focuses on matters, which could
lead to the dismissal, demotion, suspension or transfer for punitive reasons of a deputy sheriff, the
following conditions shall be compiled with:

1. Any questions of the deputy shall take place at a reasonable time and place as designated by
the investigating deputy, preferably when the deputy under investigation is on duty and at
the office of the investigating deputy unless circumstances dictate otherwise.

2. Before questioning the deputy, he/she shall be informed of (1) the name and rank of the
investigating deputy and (2) of any person to be present during the questioning and (3) the
nature of the investigation.

Sheriff's office policy provides that:

1. You are entitled to read the complaint lodged by the complainant.


2. Refusal to answer all questions pertaining to the allegations made by the complainant, either
orally or in writing, shall be grounds for disciplinary action and may result in dismissal from
the office.
3. The answers given during the investigation of an administrative matter will not be used
against you in any criminal proceedings.
4. The answers given do not constitute a waiver of your privilege against self-incrimination as
related to criminal matters.
5. Before being formally charged, during an administrative investigation, no attorney will be
permitted to be present.

Accordingly, you are hereby advised that the following allegations have been directed to you:

COMPLAINANT(S): 1._____________________________________________________________

________________________________________________________________________________

2. ______________________________________________________________________________

________________________________________________________________________________

The undersigned hereby acknowledges receipt in writing of the charges or allegations against him
and his rights as pertaining to administrative proceedings.

__________________________________________
Signature

__________________________________________
WITNESS:

Appendix to G.O. 1-9

1-9.13
ADMINISTRATIVE INTERVIEW ADVISEMENT FORM

DATE: ____________________________/TIME:_______________________

EMPLOYEE:_____________________________________________________

SHERIFF/OR DESIGNEE:__________________________________________

"I advise you that you are being questioned as part of an official investigation of the office.
You will be asked questions specifically directed and narrowly related to the performance of
your official duties or fitness for office. You are entitled to all the rights and privileges
guaranteed by the laws and the constitution of this state and the Constitution of the United
States, including the right not to be compelled to incriminate yourself. I further wish to
advise you that if you refuse to testify or to answer questions relating to the performance of
your official duties or fitness for duty, you will be subject to office charges, which could
result in your dismissal from the office. If you do answer, neither your statements nor any
information or evidence, which is gained by reason of such statements, can be used against
you in any subsequent criminal proceeding. However, these statements may be used against
you in relation to subsequent office charges."

The above advisement has been read to my by the Sheriff or his designee and I fully
understand my rights and the consequences of my cooperation or lack thereof as noted by
my signature witnessed below.

__________________________________/Date:______________________/Time:_______
Employee

_________________________________/Date:_______________________/Time:_______
Sheriff or Designee

Appendix to G.O. 1-9

1-9.14
INTERVIEW: ADVICE OF RIGHTS

Employee Interviewed:_____________________________________________________

Employee’s Age:_________________ Education Level:__________________________

Location of Interview:______________________________________________________

Date of Interview:____________________________ Time of Interview______________

Before you are asked any questions, you must understand your constitutional rights listed
below:

You have the right to remain silent.

Anything you choose to say may be used against you in a court of law.

You have the right to have a lawyer with you during questioning, if you wish.

If you are charged with a crime and you do not have enough money to hire a
lawyer, a lawyer will be appointed for you without cost at your request.

If you decide to answer questions now without a lawyer present, you will still
have the right to stop answering questions at any time until you have talked
to a lawyer.

I understand my constitutional rights listed above and I am willing to make a statement


now.

Signature: ___________________________________________ Date: ______________

Witness: ____________________________________________ Date: ______________

Witness: ____________________________________________ Date: ______________

Appendix to G.O. 1-9

1-9.15
LYNCHBURG SHERIFF’S OFFICE
EMPLOYEE COUNSELING / CORRECTIVE ACTION FORM

Date Occurred:

Date Complaint Received:

Deputy’s Involved:

Synopsis of Incident:

Deputy Response:

Concerns of Incident:

Corrective Action Taken:

Employee Comments: (Attach Employees Response)

Deputy’s Signature_____________________________________, Date_____________

Supervisor’s Signature__________________________________, Date_____________

1-9.16
COMPLAINT ADJUDICATION REPORT

Date Complaint Received_______________________________

Category of Complaint: [ ] Category I [ ] Category II [ ] Category III

Narrative:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________
_
_______________________________________________________________________

Finding of Complaint:

[ ] Unfounded

[ ] Exonerated

[ ] Not Sustained

[ ] Sustained

Action
Taken:__________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

Employee Name_________________________________

Employee Signature_____________________________ Date___________________

Supervisor Signature____________________________ Date___________________

Appendix to G.O. 1-9

1-9.17
1-9.18
No. Page:
WRITTEN DIRECTIVE
1- 10 1 of 3
Subject: Effective Date: Revised Date:

Oath of Office 6/5/2006, 08/13/2014 03-24-2015


Supersedes/
Ammends:
Reference:
VLEPSC STANDARDS ADM.01.01
_________________________ ADM.01.02
Ronald L. Gillispie, Sheriff

I. POLICY

Upon selection for employment in a sworn capacity within the Office of the
Sheriff of the City of Lynchburg, the candidate for employment shall be
administered the oath of office as prescribed by the Code of Virginia.
Additionally, the candidate shall be provided with a copy of the Code of Ethics as
promulgated by the National Sheriffs Association. The candidate will receive a
copy of the Code of Ethics and be required as a condition of employment to abide
by the contents of the Code of Ethics.

II. PURPOSE

To provide for the empowerment of sworn employees through the official oath of
office. This written directive shall also prescribe that all employees abide by the
Law Enforcement Code of Ethics.

III. PROCEDURE

A. General

1. Prior to assuming status as an employee of the City of Lynchburg


Sheriff's Office, the selected candidate for employment will be
sworn in to office at the time and location designated by the
Sheriff.

2. An official so designated to perform such ceremony by the Code of


Virginia shall administer the oath of office.

3. The content of the Oath of Office shall include at a minimum, the


wording required by the Code of Virginia.

1-10.1
B. Code of Ethics

1. A copy of the Code of Ethics shall be provided to the selected


candidate for employment. The candidate shall be required to
abide by the Code of Ethics.

2 All sworn deputies are required to swear to an oath of allegiance


upon becoming a member of the Lynchburg Sheriff’s Office. This
oath includes a pledge to lead their lives in accordance with the
Law Enforcement Code of Ethics. All sworn deputies are required
to read and follow the oath of allegiance to this office.

3. Lynchburg Sheriff’s Deputies shall manage their affairs in such a


manner as to maintain a high degree of integrity in their public and
private lives, as required by the Law Enforcement Code of Ethics
noted below:

LAW ENFORCEMENT OFFICER CODE OF ETHICS


"As a law enforcement officer, my fundamental duty is to serve mankind; to
safeguard lives and property; to protect the innocent against deception, the weak
against oppression or intimidation, and the peaceful against violence or disorder;
and to respect the constitutional rights of all men to liberty, equality, and justice.

I will keep my private life unsullied as an example to all; maintain courageous calm
in the face of danger, scorn or ridicule; develop self-restraint; and be constantly
mindful of the welfare of others. Honest in thought and deed in both my personal
and official life, I will be exemplary in obeying the law of the land and the
regulations of my Department. Whatever I see or hear of a confidential nature that
is confided to me in my official capacity will be kept ever secret, unless revelation is
necessary in the performance of duty.

I will never act officiously or permit personal feelings, prejudice, animosities, or


friendships to influence my decisions with no compromise for crime and with
relentless prosecution of criminals. I will enforce the law courteously and
appropriately without fear or favor, malice, or ill will, never employing unnecessary
force or violence and never accepting gratuities.

I recognize the badge of my office as a symbol of public faith, and I accept it as a


public trust, to be held so long as I am true to the ethics of police service. I will
constantly strive to achieve these objectives and ideals, dedicating myself before God
to my chosen profession--law enforcement."

1-10.2
Law Enforcement Officer's Code of Ethics

As a Law Enforcement Officer, my fundamental duty is to serve mankind; to


safeguard lives and property; to protect the innocent against deception, the weak
against oppression or intimidation, and the peaceful against violence or disorder;
and to respect the Constitutional Rights of all persons to liberty, equality, and
justice.

I will keep my private life unsullied as an example to all; maintain courageous


calm in the face of danger, scorn, or ridicule; develop self-restraint; and be
constantly mindful of the welfare of others. Honest in thought and deed in both
my personal and official life, I will be exemplary in obeying the laws of the land
and the regulations of my department. Whatever I see or hear of a confidential
nature or that is confided to me in my official capacity will be kept ever secret
unless revelation is necessary in the performance of my duty.

I will never act officiously or permit personal feelings, prejudices, animosities, or


friendships to influence my decisions. With no compromise for crime and with
relentless prosecution of criminals, I will enforce the law courteously and
appropriately without fear or favor, malice, or violence and never accepting
gratuities.

I recognize the badge of my office as a symbol of public faith, and I accept it as a


public trust to be held so long as I am true to the ethics of law enforcement. I will
constantly strive to achieve these objectives and ideals, dedicating myself before
God to my chosen profession.... law enforcement.

Deputy’s Name:_________________________________/Date:______________

Witness:_______________________________________/Date:______________

G.O. 1-10
Number: Page:
WRITTEN DIRECTIVE 1-11 1 of 6
Subject: Effective Date: Revised Date:
6/8/2006. 11/8/2006 5/1/15
OFF DUTY/EXTRA DUTY
EMPLOYMENT Supersedes/ Rev. by DTS
Amends:
Reference: VLEPSC STANDARDS
PER.04.01 - .02
_________________________
Ronald L. Gillispie, Sheriff

I. POLICY

The sheriff must ensure the continued efficiency and effectiveness of the office
while simultaneously reducing or eliminating conflicts of interest. To this end, the
sheriff shall manage according to whatever reasonable controls he deems necessary
to restrict or regulate the conduct of employees. It is the policy of the office,
therefore, to prohibit off-duty or extra-duty employment when it may impair
efficiency or conflict with employees’ duties and responsibilities. To promote the
welfare and good reputation of the office, however, this order outlines procedures to
ensure appropriate, accountable, and reasonable off-duty and extra-duty work.
Virginia Code 15.2-1712 applies.

II. PURPOSE

To define regulations governing off-duty and extra-duty employment and conduct


while employed in these capacities.

III. DEFINITIONS

A. Employment

Any work performed or services provided for compensation (a fee or


otherwise), including self-employment. Volunteer charity work is excluded.

B. Law enforcement-related employment

Extra-duty employment, which may entail the use of law-enforcement


powers granted by the Commonwealth of Virginia or the City of Lynchburg.

C. Probationary year

The period of time measured by one calendar year beginning with the date of
graduation from a basic academy unless approved by the Sheriff.

1-11.1
D. Secondary Off – Duty Employment

Any non-law enforcement-related off-duty work for pay. Secondary


employment does not require sworn enforcement powers as a condition of
employment and the work does not provide implied law-enforcement
service.

IV. PROCEDURES

A. General

No employee shall work off duty or extra duty during a probationary year
unless prior experience or exigent circumstances exists and unless otherwise
approved by the Sheriff. Employees on medical or sick leave, temporary
disability, or light duty due to injury are ineligible for off-duty and extra-duty
employment. An employee engaged in any off-duty or extra-duty
employment may be called to duty in an emergency.

B. Secondary Off -Duty Employment

Employment shall not constitute a conflict of interest. A conflict of interest,


as determined by the sheriff, is any activity inconsistent, incompatible, or in
conflict with the duties, functions, or responsibilities of employment.

C. Law enforcement-related extra-duty employment

1. Law enforcement-related employment shall not exceed 16 hours per


day, including on-duty time: e.g., a deputy working a 10-hour tour
may work six hours of off-duty employment on the same day and a
deputy on a day off may work 16 hours unless otherwise approved
by the Sheriff or Chief Deputy.

2. Law enforcement-related employment is restricted to the city


boundaries. Deputies may perform law-enforcement duties beyond
city boundaries if working in conjunction with another jurisdiction's
regular law-enforcement agency and after having been duly sworn as
a law-enforcement deputy in that jurisdiction.

3. The minimum salary required for deputies employed in a law


enforcement-related capacity must be $25.00 per hour or time-and-a-
half whichever is greater.

4. Serving as a recruiter and receiving compensation for procurement of


law enforcement-related jobs for other office employees is
prohibited.

1-11.2
5. No employee shall solicit any person or business for the purpose of
gaining law enforcement-related extra-duty employment, and, while
on duty, shall not solicit any person or business for the purpose of
gaining secondary employment.

6. Except for public school security activities, city events, approved law
enforcement activity and other employment specifically authorized
by the sheriff, the following regulations apply:

a. The department uniform shall not be worn while engaged in


non-law enforcement off-duty employment.

b. City-owned vehicles, radios, or other equipment shall not be


used while traveling to and from or engaging in non-law
enforcement off-duty employment.

7. Deputies, while engaged in law enforcement-related employment,


shall be subject to the orders of the on-duty law-enforcement
supervisor.

D. Administration

1. Employees must submit a written request to the sheriff through the


chain of command for any off-duty employment. The form found at
the end of this order shall be used for the purpose. A memo will be
generated from the sheriff concerning reoccurring currently
approved extra-duty events. Events not noted on the memo will need
to be approved by the sheriff through the form attached to this order.
Employees shall not begin any off-duty or extra-duty work until their
approval has been granted. The request shall be filed in the
employee's personnel file.

a. The approved extra-duty employment list is subject to


periodic review by the sheriff. Deputies shall communicate
any changes in information concerning approved off-duty or
extra-duty employment to their immediate supervisor as soon
as possible.

b. The sheriff may revoke permission to work off-duty or extra


duty if the deputy fails to perform adequately on duty or
receives disciplinary action. To be eligible for permission to
work off-duty or extra-duty, deputies must be in good
standing with the office. Continued permission to work off-
duty or extra-duty is contingent upon remaining in good
standing.

1-11.3
2. The sheriff shall disapprove any employment that demeans the status
or dignity of the law-enforcement profession, or otherwise represents
a conflict of interest. Examples of such employment include:

a. Retailers, which sell pornographic materials, or provide


services of a sexual nature.

b. Retailers who sell, manufacture, or transport alcoholic


beverages as the principal business.

c. Gambling establishments not exempted by law.

d. Any firm connected with the towing or storage of vehicles,


bill collecting, repossessors, private investigators, or taxi cab
drivers, or any employment the sheriff deems as a conflict of
interest.

e. Performance in office uniform of any tasks other than those


of law enforcement.

f. Performance of any work for a business or labor group that is


on strike unless otherwise approved by the sheriff.

g. Performance of any work regulated or licensed through the


office.

h. Performance of personnel investigations for private firms, or


any employment requiring the deputy to have access to police
files, records, or information as a condition of employment.

i. Performance of any activity, which supports case preparation


for the defense in any criminal or civil action.

3. Arrests made while engaged in extra-duty law enforcement-related


employment shall be according to department policy and the Code of
Virginia.

4. Employees shall understand that office liability protection does not


extend to willful acts, which cause injury or damage, or acts the
deputy knew or reasonably should have known conflicted with office
policy or the law.

1-11.4
E. Liability, indemnification, insurance

1. All employees who wish permission to engage in law enforcement-


related employment shall complete the application found at the end
of this order. The sheriff must grant permission before the employee
may work off-duty. A memo will be generated from the sheriff
concerning currently approved extra-duty events. Events not noted
on the memo will need to be approved by the sheriff through the
form attached to this order.

2. The office shall not be responsible for medical expenses incurred


from injuries sustained while working in any extra-duty employment,
unless the employment is a required city event or events mandated
by the sheriff where worker compensation would apply.

3. The office recognizes that a deputy in law enforcement-related


employment may undertake an action connected with the
employment that the courts may construe as a law-enforcement duty,
and therefore an extension of the job. Deputies are reminded that
their extra-duty performance must follow the same standards
required for on-duty performance. Extra-duty law-enforcement
actions, whether for a private employer or not, must meet the
requirements of this manual.

This policy supersedes all previous administrative directives.

1-11.5
APPLICATION FOR APPROVED OFF-DUTY / EXTRA-DUTY EMPLOYMENT

Name of employee requesting off-duty employment:______________________________________

Effective date of off-duty employment _____________

Expiration of employment (indicate whether open-ended) _________________

Name of business or off-duty employer__________________________________________

Address of business _________________________________________________________

Telephone ____________________ Contact person at business ______________________

Type/Nature of business _____________________________________________________

Address and telephone number of employment sites if different from above:

1.________________________________________________________________________

2.________________________________________________________________________

3.________________________________________________________________________

Description of duties ________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

Number of hours worked by employee _________________________________________

Day: ___________________________ Week: ______________________________

Employee Signature: ________________________________________________________

Date of application: __________________________

Approved: ______________ Disapproved: _____________

__________________________________ ___________________________
Sheriff /Designee Date

1-11.6
Number: Page:
WRITTEN DIRECTIVE 1-12 1 of 6
Subject: Effective Date: Revised Date:
6/17/09 12/12/13
Reviewed 5/1/15
Auxiliary Program Supersedes/ DTS
Amends:
Reference: VLEPSC STANDARDS

_________________________ ADM.12.01
Ronald L. Gillispie, Sheriff

I. POLICY:

It is the policy of the Lynchburg Sheriff’s Office that Auxiliary Deputy Sheriffs are
authorized under the provisions of the Code of Virginia 15.2-1731. Each auxiliary
deputy shall conform to and be governed by all policies and procedures of the
Lynchburg Sheriffs Office except as to pay, matters of personnel, and to procedures
stated herein. Sworn auxiliary deputy sheriff’s have full law-enforcement powers in
accordance with Virginia Department of Criminal Justice Services (DCJS) and the
Code of Virginia.

II. PURPOSE:

To establish guidelines for the selection, operation, supervision, and control of


auxiliary personnel appointed by the Lynchburg Sheriff’s Office.

III PROCEDURE:

Auxiliary Deputies are appointed and serve at the pleasure of the Sheriff. Auxiliary
Deputies will not be issued any equipment, except for training, badge and ID, or
assigned any duties unless authorized by the Sheriff or Chief Deputy. The Auxiliary
Deputy program is not open to the general public.

A. Each member of the Auxiliary Program shall be governed by the policies


and procedures of the Lynchburg Sheriff's Office.

B. The Auxiliary Deputy may have law-enforcement powers equivalent to


those of paid deputies. Membership in the Auxiliary Program will be open
to all individuals who meet the same minimum qualifications as full-time
officers under §15.2-1705. There shall be no discrimination based on race,
color, creed, national origin, age, sex, or religious affiliation in selection or
assignment of Auxiliary Deputies.

1. Levels of Auxiliary Officers

There are three levels for Auxiliary Officers recognized by the


Department of Criminal Justice Services (DCJS). The Lynchburg
Sheriff's Office will utilize only Level One and Level Two
Auxiliary Officers.

1-12.1
a. Level One: Certified law enforcement officer who
has met all training requirements required of full time
officers (6VAC20-20-21 and §15.2-1706).

b. Level Two: Sworn deputy with limited duties may be


armed with firearm(s) and has met all training
requirements in accordance with the attached matrix.
Level Two Auxiliary Officers shall not be permitted
to carry or use a firearm while serving as an auxiliary
police officer unless such officer has met the firearms
training requirements established in accordance with
in-service training standards for law-enforcement
officers as prescribed by the Criminal Justice Services
Board.

C. Selection

1. All candidates for Auxiliary Deputy must meet the following


minimum requirements;

a. Be 21 years of age;

b. Possess a high school diploma or GED certificate;

c. Currently DCJS certified in law enforcement for certified


auxiliary deputy, Level one or Level two.

d. Successfully pass a background check; and

e. Successfully complete and maintain any required basic or


in-service training and or qualification.

f. Minimum of five years law enforcement service, retired


from a law enforcement agency or currently serving a law
enforcement agency.

g. Must be personally known by the Sheriff or Chief Deputy.

2. Candidates will go through the same background process as that


for paid employees,

3. Status

a. All auxiliaries serve at the will and discretion of the


Sheriff.

1-12.2
b. Auxiliary deputies will have the status of unpaid
volunteers.

c. Auxiliary deputies are not paid by the Lynchburg Sheriffs


Office.

d. Auxiliary deputies are not assigned any tasks or duties


other than keeping their law enforcement and DCJS
certifications current.

e. Auxiliary deputies are responsible for the cost of their


academy fee for all in-service training payable to the
Lynchburg Sheriff’s Office.

f. Auxiliary deputies may represent the Sheriffs Office or


Sheriff as directed if in the office’s best interest regarding
training, equipment and grants.

g. The Auxiliary Deputy’s ID card gives the authority to carry


a concealed weapon off duty in the Commonwealth of
Virginia under §18.2-308 B.2., and nationally under §18
USC 926B.

D. Training, Records Maintenance, and Reporting Requirements for


Auxiliary Officers

1. Employment Records

The Lynchburg Sheriff's Office, when employing/appointing


auxiliary deputies is required within 10 working days of
employment to notify the Department of Criminal Justice Services
(DCJS) by the submission of DCJS Form 21. Lynchburg Sheriff's
Office is also required to notify the Department of Criminal Justice
Services within 10 working days if the auxiliary deputy has a
status change by the submission of DCJS Form 31.

2. Level One Initial Training

Must complete all mandated training (6VAC20-20-21) the same as


full time deputies, successfully pass the law enforcement state
certification exam and complete a minimum of 100 hours of field
training (Field Training/On-the-Job Training Completion Form)
within one year of initial appointment. All documentation must be
submitted to DCJS the same as full time officers. All training must
be conducted at a certified academy or a DCJS approved satellite
facility.

1-12.3
3. Level One In-Service Requirements

Level One auxiliary deputies, must complete 34 hours of career


development, 2 hours of cultural diversity and 4 hours legal prior
to December 31st every two years from initial certification. In-
service training must be completed at a certified academy or a
DCJS approved satellite facility. Documentation of completion
must be reported to DCJS the same as full time officers.

4. Level Two Initial Training

Level Two auxiliary deputies are required to meet all applicable


performance outcomes listed in the Auxiliary Police Training
Matrix (See Below) within one year of initial appointment. There
are no minimum hours required for completion for each
performance category and previous training can be used after
verification from the Sheriff. The training will be instructed in-
house by LSO personnel. The Sheriff may decide not to train
deputies on an objective if such training does not apply to the
deputies’ assigned duties. It is the responsibility of the Sheriff to
affirm the auxiliary police officer has met the requirements for
Level Two and forward documentation to DCJS on DCJS Form A-
41. DCJS Forms A-2 (Level Two auxiliary police officers) is for
In-house documentation and must remain on file with the
Lynchburg Sheriff's Office and is subject to DCJS inspection.

5. Level Two Field Training Requirements

Level Two auxiliary deputies are required to complete field


training within one year of initial appointment before they can be
designated as a Level Two deputy. There are no minimum hours
required for these levels, see attached matrix for applicable
categories. All documentation of such agency training must remain
on file with the agency and is subject to DCJS inspection. It is the
responsibility of the Sheriff to affirm the auxiliary deputy has met
the field training requirements for Level Two and forward
documentation to DCJS on the Field Training/On-the-Job Training
Completion Form.

6. Level Two In-Service Requirements:

Level Two auxiliary deputies, must complete 8 hours of career


development, 2 hours of cultural diversity and 4 hours legal prior
to December 31st every two years from initial designation as a
Level Two. In-service training will be completed in-house. All

1-12.4
documentation of such agency training must remain on file with
the Lynchburg Sheriff's Office and is subject to DCJS inspection.
It is the responsibility of the Sheriff to affirm the auxiliary deputy
has met the In-Service requirements for Level Two and forward
documentation to DCJS on DCJS Form A-41.

7. Firearms Annual Training:

Level One and Level Two auxiliary deputies required to carry a


firearm in the performance of their duties shall qualify annually
using the applicable firearms course approved by the Committee
on Training of the board. Annual range qualification shall include
a review of issues/policy relating to weapons safety, nomenclature,
maintenance and use of force. All documentation of such training
must remain on file with the agency and is subject to DCJS
inspection.

8. Use of Force Regulations:

Each auxiliary deputy must receive annual refresher training on the


agency lethal/less-than lethal use of force policy(s). All
documentation of such training must remain on file with the
Lynchburg Sheriff's Office and is subject to DCJS inspection

E. Equipment

The auxiliary deputy sheriff will “not” be issued uniform or other


equipment except badge and identification card unless specifically
authorized by the Sheriff or Chief Deputy.

F. Discharge Auxiliary Status

According to 15.2-1733 of the Code of Virginia, an auxiliary deputy may


be discharged at the will of the Sheriff without cause or hearing. Once an
Auxiliary Deputy status has been terminated by the Sheriff, he or she has
no further recourse as stated.

1-12.5
1-12.6
1-12.7
1-12.8
Number: Page:
GENERAL ORDER 1-14 1 of 6
Subject: Effective Date: Revised Date:

6/8/2006; 08/11/2011 01/06/2020


EMPLOYEE TRAINING Supersedes/
Amends:
Reference: VLEPSC STANDARDS
TRN.01.01 - .02 TRN.02.01 - .03

TRN.03.01 - .02 TRN.04.01


Donald T. Sloan, Sheriff
NOTE
This order is for internal use only, and does not enlarge a deputy's civil or
criminal liability in any way. It should not be construed as the creation of a
higher standard of safety or care in an evidentiary sense, with respect to
third-party claims. Violations of this directive, if proven, can only form the
basis of a complaint by the Sheriff's Office, and then only in a non-judicial
administrative setting.

I. POLICY

It is the policy of the Lynchburg Sheriff's Office to train all its members in
accordance with established rules and guidelines

II. PURPOSE

To establish the training procedures for members of the Lynchburg


Sheriff's Office.

III. PROCEDURES

A. Deputy Sheriff Recruit Training

1. Each person appointed to the position of Deputy Sheriff shall


attain Court Services/Civil Process Certification by successfully
completing a prescribed course of training within twelve (12)
months from the time of appointment unless approved by the
Sheriff and DCJS extension granted.

2. Each person appointed shall maintain their certification in law


enforcement or jailer which will be secondary to the court
services/civil process certification. Therefore, the in-service
training will reflect all certifications.

GO 1-14
Employee Training
1
Revised: 01/06/2020
3. New members will be assigned to serve in a capacity that
requires they carry a weapon and function in areas of the
sheriff’s office with a training officer.

a. This shall apply to new members (non-certified) who


are hired prior to the beginning of the next academy.

i. Those members will be assigned to a field-


training deputy until the academy starts. This
will be considered part of the formal field-
training program. Time served in this capacity
will not be credited towards post academy field
training requirements.

ii. New members will undergo firearms and use of


force training, as well as qualification with their
assigned firearm, prior to being issued a
firearm.

4. Basic academy training will be conducted at a DCJS certified


academy. The academy and its staff will assure the
following:

a. That the curriculum is based on tasks of the most


frequent assignments of deputies who complete
recruit training.

b. That the evaluation techniques are designed to


measure competency in the required skills,
knowledge, and abilities.

c. Training complies with state mandates for deputy


sheriffs.

d. The training program includes all applicable legal


requirements relevant to the performance of duties.

e. The Sheriff will determine if new uncertified members


will complete the law enforcement basic or the jail
basic school in conjunction with completion of the
court security/civil process school.

GO 1-14
Employee Training
2
Revised: 01/06/2020
B. Field Training Program

1. Newly hired Deputies will be assigned to a Field Training


Deputy (FTD) upon completion of the basic academy
training. They will be under the direct supervision of a FTD
for the entire period of evaluation, which shall be no less
than 8 weeks.

2. Newly hired members who possess current certification by


DCJS will also be assigned to a FTD. The period of field
training may be abbreviated at the recommendation of the
FTD and with approval from the Sheriff. New members will
undergo firearms and use of force training, as well as
qualification with their assigned firearm, prior to being issued
a firearm.

3. Field Training Deputies are recommended by the Chief


Deputy and Captain and approved by the Sheriff.

a. Field Training Deputies are trained through the


academy in accordance with standards set by DCJS.
FTD’s will receive specialized and in-service training
for field training officers as it becomes available and
as mandated by DCJS.

b. An assessment of the FTD function and effectiveness


will be conducted with the annual performance
evaluation.

c. The Sheriff will designate the Supervisor of Field


Training Deputies.

4. The Chief Deputy will serve as a liaison with academy staff


for training purposes.

5. When time permits, FTD’s shall expose the new member to


Lynchburg Police Department functions.

6. Field Training Deputy reporting and documentation


responsibilities

a. The FTD Supervisor shall complete any evaluations


required by the academy and return there promptly.

GO 1-14
Employee Training
3
Revised: 01/06/2020
b. The FTD shall report the new member’s progress
regularly to the FTD Supervisor through the use of the
Field and/or Court Training Daily Observation Reports
(FDOR / CDOR). The appropriate DOR shall be
completed daily by the FTD and submitted to the FTD
Supervisor for approval.

c. The FTD shall complete a weekly summary report on


the approved form and submit upon completion to the
FTD Supervisor.

d. The FTD shall immediately document and report any


deficiencies noted on the part of the new member.
Such report shall be made to the FTD Supervisor.

e. The FTD shall advise the FTD Supervisor when the


new member has completed all requirements of the
FTD program. The FTD Supervisor will then decide
when to place the member on regular duty.

f. The FTD Supervisor is required to complete the


appropriate DCJS Field Training for Court Security
Officers (Form CS-1) and Field Training for Civil
Process Officers (Form CP-1) at the conclusion of the
field training. Once completed, these forms are
submitted to the Chief Deputy who will sign and
electronically submit to DCJS. The Chief Deputy will
also be required to complete and electronically submit
the DCJS Field Training/On the Job Training
Completion Form to DCJS. The originals are to be
maintained on file.

g. The FTD Supervisor may complete a probationary


performance evaluation of the new member utilizing
the standard agency form at the end of the FTD
period, if requested by the Sheriff. This evaluation will
be maintained on file.

C. Specialized training is required for positions where it is necessary.


Specialized units or members with specialized skills shall receive
training to develop and/or enhance those skills, knowledge, and
abilities.

1. Promoted members will receive management training as


soon as possible upon award of the promotion.
GO 1-14
Employee Training
4
Revised: 01/06/2020
a. Training will generally be conducted through the
Central Virginia Criminal Justice Academy; however,
other resources may be utilized if it is feasible to do
so.

b. Members who have held supervisory positions in the


past will be provided advanced management training
if it is available.

c. Members with prior management training may not


require additional training. The Sheriff will make such
determinations.

2. A member shall be provided all necessary training when


reassigned or given additional responsibilities. If on-the-job
training is required for the specialty, the training will be
documented.

3. The Lieutenant or Captain shall assure that all members


under their supervision receive the proper training.

D. Support Personnel

1. Newly hired non-sworn, support personnel will receive


information/training located within Sheriff’s Office policy and
procedures regarding:

a. The agency’s role, purpose, goals, policies, and


procedures;
b. working conditions and regulations
c. responsibilities and rights of employees

2. Civilian positions will not require any pre-service training.

3. Support personnel will receive training in their areas of


responsibility as it becomes available.

4. The Lieutenant or Captain arranges training, including in-


service training, for support personnel.

E. Documentation

1. The Chief Deputy shall maintain, in each personnel file, a


training record that includes:

GO 1-14
Employee Training
5
Revised: 01/06/2020
a. title of training received

b. dates and hours of attendance


c. the identification of trainers or agencies presenting
the course
d. the names of agency personnel receiving the training.

2. The Chief Deputy shall maintain files on all in-house training


courses or presentations. Annual training will include:

a. Firearms
b. Use of Force
c. Legal Updates
d. Medical (blood-borne pathogens, CPR, etc., as
required)

This policy supersedes all previous administrative directives.

GO 1-14
Employee Training
6
Revised: 01/06/2020
Number: Page:
WRITTEN DIRECTIVE 1-16 1 of 2
Subject: Effective Date: Revised Date:
6/8/2006 03-10-2015
LIAISON WITH OTHER
AGENCIES Supersedes/
Amends:
Reference: VLEPSC STANDARDS
ADM.14.01 - .02
_________________________
Ronald L. Gillispie, Sheriff

I. POLICY

The office’s promotion of democratic values, accountability, and integrity require


communication with the community. Without this communication, the office cannot
respond to the priorities of our citizens. Establishing and maintaining an effective
liaison and open channels of communication between the office, neighboring law
enforcement, criminal justice, and emergency service agencies are essential first
steps to sustaining cooperation and good will. This liaison can break down barriers
and results in savings and improved law enforcement operations.

II. PURPOSE

To establish procedures and responsibilities for liaison and maintaining


communication between the office, neighboring law enforcement, other criminal
justice or social service agencies, both public and private.

III. PROCEDURES

A. Relationships with other criminal justice agencies

1. All office personnel shall maintain harmonious working relations and


communication with the commonwealth’s attorney, judges, court clerks,
deputies, probation officers, jails, juvenile detention homes, police
officers and any other criminal justice agencies. The office shall provide
all possible information, assistance, and support to these agencies
allowed by law.

a. Any serious policy or procedural problems or differences


with another agency or its personnel shall be brought to the
attention of the sheriff who will meet with appropriate
personnel of these agencies to resolve problems.

1-16.1
b. During any investigation, questions of law or criminal
procedure shall be addressed to the commonwealth’s attorney
or assistant. Questions on mandated procedures shall be
addressed to the command staff or the sheriff.

2. All employees of the office shall assist and cooperate with all federal,
state, and local law-enforcement agencies in every way possible
allowed by law.

B. Referrals

1. Deputies of the office often encounter adult or juvenile citizens who need
specialized help that the office cannot give, e.g., marriage counseling,
mental health counseling, welfare assistance, assistance in handling civil
matters. When, in the best judgment of a deputy, this situation arises, he
or she shall refer the citizen to the most qualified agency to deal with the
problem, or consult his supervisor.

This policy supersedes all previous administrative directives.

1-16.2
Number: Page:
WRITTEN DIRECTIVE 1-17 1 of 3
Subject: Effective Date: Revised Date:
6/8/2006 06-30-2015
MUTUAL AID Supersedes/
Amends:
Reference: VLEPSC STANDARDS
ADM.13.01 15.2-1724
_________________________ Code of Virginia 15.2-1730
Ronald L. Gillispie, Sheriff 15.2-1736

I. POLICY

On occasion the need arises to request assistance from or give assistance to a


neighboring-law enforcement agency. This need usually results from an emergency
such as a civil disorder, fire, flood, or other disaster. Before the need arises,
agencies must clarify and plan emergency procedures. The City of Lynchburg’s
Emergency Operations Plan is maintained by the city of Lynchburg and is located on
the city website. www.lynchburgva.gov. Copies of the Courthouse Emergency
Action Plan are made available to all Sheriff’s Office personnel as well as
department heads within each building and court facility.

II. PURPOSE

To establish procedures, duties, and responsibilities for providing assistance to, or


requesting assistance from another law-enforcement agency and to provide for the
use of statewide law-enforcement support systems.

III. PROCEDURE

A. Jurisdiction

1. Generally, the legal jurisdiction of the department stops at the town


limits, as defined by charter. Virginia Code § 19.2-250, however, in
criminal cases involving offenses against the commonwealth,
extends departmental jurisdiction one mile beyond the corporate
limit of the town. This authority may be used for the following
reasons:

a. Assisting neighboring-law enforcement agencies or the


Virginia State Police in handling emergency calls at times
when they are unable to respond immediately.

b. When a deputy observes a felony or serious misdemeanor


crime-in-progress within the one-mile zone.

1-17.1
2. Whenever a person in the custody of a deputy escapes or whenever a
person flees from a deputy who is attempting to arrest him, the
deputy, with or without warrant, may pursue the person anywhere in
the state and, when actually in close pursuit, may arrest him
wherever he is found (§ 19.2-77).

B. Mutual aid

1. Mutual aid is addressed in § 15.2-1724. For the purpose of this


general order, mutual aid is defined as the short-term assistance
given or asked for between the office and neighboring law-
enforcement agencies during emergencies. The circumstances,
which require mutual aid, per § 15.2-1724, can include one or more
of the following situations:

a. Enforcement of laws, which control or prohibit the use or


sale of controlled drugs (see §§ 15.2-1724 and 54.1-3401);

b. Any law-enforcement emergency involving an immediate


threat to public safety;

c. When executing orders for the temporary detention or


emergency custody of people for mental health evaluation
(see §§ 37.1-67.01 or -67.1);

d. Any public disaster, war, fire, flood, epidemic, war, civil


disorder (per § 15.2-1724).

2. Mutual aid may be requested from or provided to another law-


enforcement agency by the office at the discretion of the on-duty
supervisor; deputies must remember, however, that they are
primarily responsible for providing law-enforcement service to our
jurisdiction. There are generally three levels of mutual aid assistance
as follows:

a. Short duration, approximately 30 minutes or less, where an


additional show of force or traffic control or assistance with
prisoner transportation is required.

1-17.2
b. Medium duration, approximately one to four hours, where
the senior deputy on duty may request assistance from the
neighboring law-enforcement agencies and the State Police;
however, their role is normally confined to a showing of
force, transporting prisoners, or traffic control.

c. Long duration, more than four hours, full-scale assistance


required. The on-duty supervisor shall immediately notify
the sheriff who will assist in coordinating additional aid as
required.

3. Any long-term support between the office and neighboring law-


enforcement agencies shall be coordinated in advance through a
written agreement that incorporates the following:

a. Indemnification of the provider agency and its personnel.

b. List of resources to be shared.

c. Estimate of amount of aid available.

d. Payment for certain expenses, e.g., meals, lodging, gas,

C. Statewide law-enforcement support

1. The office is a member of and participates in the use of the Statewide


Interdepartmental Radio System (SIRS) and complies with the
procedures for its use.

2. The office participates in the use of the Central Criminal Records


Exchange (CCRE) and complies with the procedures for the use of
this exchange.

3. Some state-owned law-enforcement resources may be made


available to the office for special use. These resources, and the state
agency to contact, include:

a. Canine teams--Lynchburg Police Department, Campbell


County Sheriff’s Office, State Police or Bedford County
Sheriff’s Office Canine teams, if requested, shall be used for
bomb searches only.

b. Bomb disposal: State Police.

This policy supersedes all previous administrative directives.


1-17.3
Number: Page:
WRITTEN DIRECTIVE 1-18 1 of 6
Subject: Effective Date: Revised Date:
OFFICE CHAPLAIN 6/8/2006
PROGRAM Supersedes/ Reviewed
Amends: 05-01-2015
Reference: VLEPSC STANDARDS

_________________________
Ronald L. Gillispie, Sheriff

I. POLICY

The primary mission of the Office Chaplain(s) is to provide, upon request,


spiritual guidance, counseling, non-sectarian or ecumenical functions, education
and training. Chaplains are not commissioned or appointed as law enforcement
officers and do not have the authority to make arrest. The Chaplain will serve
people in emergencies and strengthen the service rendered by law enforcement to
the community. Deputies are encouraged to use the Chaplain's services whenever
those services would be helpful.

II. PURPOSE

Incidents occur that may call for the presence of the Office Chaplain to provide
counsel, social and spiritual guidance, and religious functions to employees, their
families, and citizens of the community. It is not the intent that the program does
not circumvent an employee's choice of clergy nor should the religious context be
perceived as compulsory.

III. PROCEDURE

A. Selection

1. The Office Chaplain is a volunteer position.

a. The Office Chaplain is not covered by nor entitled to any


injury or death benefits provided to full time employees.

b. The Chaplain will not receive payment, benefits, or other


compensation for hours worked.

2. Candidates for Office Chaplain will be selected using the same


standards and selection process developed for use with deputy
sheriffs. Additionally, in order to provide meaningful support and
assistance to office members, the Chaplain will:

1-18.1
a. maintain high spiritual and moral standards,

b. be skilled in ministry and pastoral care, and

c. demonstrate a commitment to ministry with Office staff.

3. Any person serving in the capacity of Office Chaplain must:

a. be an ordained minister in good standing in a recognized


religious denomination or group,

b. complete a waiver form which waives Office responsibility


for injury while riding in a police vehicle or participating in
Chaplain functions, basic ride along form waiver utilized,

c. upon appointment, join, at Office expense, the International


Conference of Police Chaplains and,

d. be licensed by their church.

4. The Chaplain is prohibited from approaching employees, on an


unsolicited basis, for the purpose of converting the employee or
modifying the employee's religious convictions or beliefs.

B. Appointment

1. The appointment to Office Chaplain will be made by the Sheriff.

2. The Chaplain will serve at the pleasure of the Sheriff.

3. The Chaplain will report directly to the Sheriff.

4. The Chaplain's appointment will be reviewed as necessary and as


determined by the Sheriff.

5. Upon appointment, the Chaplain will be given access to Office


Directives, and issued an identification card. The Chaplain will
become familiar with and accept the rules, regulations, policies and
procedures as required by all employees.

6. The Chaplain should be familiar with community agencies and


resources so that appropriate referrals can be made to assist those
in need.

1-18.2
C. Duties of the Office Chaplain include the following activities:

1. Participation in deputy ride-alongs as time permits.

2. Being available to Office members and their families for pastoral


care or counseling:

a. the Chaplain will utilize his own cell phone,

b. the Chaplain should maintain either an answering machine


or voice mail on their home telephone,

c. employees may call the Chaplain at work, at home, or by


pager,

d. the Chaplain should advise the Sheriff’s Office when out of


the area or unavailable for any extended time,

e. any changes in the Chaplain's pager, work or home phone


numbers will be relayed to employees by personnel order,
and

f. the Chaplain's phone numbers will also be listed at the


Sheriff’s Office.

3. The Chaplain may visit with Office members during work hours
upon request or when there is an apparent need, provided such
communication does not interfere with Office operations.

4. Provide ministry to injured or sick Office members at the scene of


an incident, at home, or in the hospital or other facility.

5. Participate in funeral or memorial services for active or retired


Office members if requested by the family.

6. Assist the family and office in the preparation of funeral


arrangements when requested.

7. Assist office members in crisis or stress situations to the extent


possible when requested.

1-18.3
8. Accompany deputies or Sheriff when delivering injury or death
notifications when requested in situations that involve the
following:

a. juveniles,

b. out of state notifications,

c. traffic fatalities, and

d. other situations as determined by the supervisor or


Sheriff.

e. sworn members of the office and their families.

9. Attempt to contact an individual's clergy as directed or upon


request.

10. Respond to major police incidents as requested by the supervisor


or chief deputy to:

a. offer bereavement counseling upon request, and

b. represent the Office as requested.

11. Chaplains will comply with all orders and instructions of the
officer in charge at all times.

12. A Chaplain does not have police powers, duties or responsibilities,


and will not take police action unless specifically directed pursuant
to COV § 18.2-463.

13. The Chaplain may attend Office staff meetings upon request.

D. Communications

1. The Chaplain will treat all information gained through volunteer


service as confidential. Exemptions to this confidential
communication would include:

a. communications concerning any type of criminal act,

b. communications that indicate the potential of harm to


oneself or another person, and

1-18.4
c. communications made in the presence of a third party,
whether or not that third party is a deputy sheriff.

2. The content of any confidential communication may only be


released with the consent of the involved person.

E. Ride-alongs

1. The Chaplain may participate in the Ride-along Program as often


as desired.

2. The Chaplain will work with the supervisor in scheduling the ride-
alongs. Due to the nature of the Chaplain's position, supervisors
should accommodate the Chaplain if possible.

a. Ride-alongs may begin and end at any time mutually


convenient to the Chaplain and officer,

b. a ride-along may begin at any location mutually agreeable


to the Chaplain and the deputy, and

c. the Chaplain will follow the directions of the deputy sheriff


with whom they are riding at all times and will abide by all
requirements as outlined in Office policy.

3. The Chaplain will identify himself as a Lynchburg Sheriff’s Office


Chaplain and will direct all citizen questions to the deputy.

F. Training

1. The Office may require the Chaplain to participate in a DCJS


General Instructor class.

2. The Office may request the Chaplain to lead designated training


sessions or seminars. Those training sessions may include, but are
not limited to:

a. interpersonal relations and communications

b. community relations,

c. personal and family stress,

1-18.5
d. ethics and values,

e. recruit training, and

f. recruit family orientation.

G. Uniform

The Police Chaplain uniform will be distinguished by the wearing of a


white shirt, badge which states chaplain on it and collar insignia.

H. Termination

1. Failure to abide by established policies, procedures, rules and


regulations, failure to honor an deputies authority or privacy,
failure to practice good professional ethics, or failure to remain in
good standing in a recognized religious denomination or group
may be cause for termination.

2. Any complaint about the Chaplain or the Chaplain's performance


will be brought to the attention of the Sheriff.

3. All property issued to the Chaplain remains the property of the


Lynchburg Sheriff’s Office and will be returned upon request or
termination of services.

This policy supersedes all previous administrative directives.

1-18.6
Number: Page:
GENERAL ORDER 1-20 1 of 9
Subject: Effective Date: Revised Date:

01/25/2021
SOCIAL MEDIA Supersedes/
Amends:
Reference: VLEPSC STANDARDS

Donald T. Sloan
Donald T. Sloan, Sheriff

NOTE
This order is for internal use only, and does not enlarge a deputy's civil or
criminal liability in any way. It should not be construed as the creation of a
higher standard of safety or care in an evidentiary sense, with respect to
third-party claims. Violations of this directive, if proven, can only form the
basis of a complaint by the Sheriff's Office, and then only in a non-judicial
administrative setting.

I. PURPOSE

The Lynchburg Sheriff’s Office endorses the secure use of social media to
enhance communication, collaboration, and information exchange; to
streamline work processes; and to foster productivity. This policy
establishes this Office’s position on the utility and management of social
media and provides guidance on its management, administration, and
oversight. This policy is not meant to address any single form of social
media, but rather to address use of social media in general terms.

II. POLICY

Social media provides a potentially valuable means of assisting the Office


and its employees in meeting community outreach, problem-solving,
investigative, crime prevention, and related objectives.

• This policy identifies potential uses that may be explored or expanded


upon as deemed reasonable by administrative and supervisory personnel.

• The Sheriff’s Office also recognizes the role that these tools play in the
personal lives of some Office employees.

• The personal use of social media can have bearing on Office employees
in their official capacity: this policy therefore provides information of a
precautionary nature as well as prohibitions on the use of social media by
ALL Sheriff’s Office employees.

GO 1-20
Social Media
1
Issued: 01/25/2021
III. PROCEDURE

A. GENERAL

1. For the purposes of this directive, the following definitions


will apply:

a. Blog - A self-published diary or commentary on a


particular topic that may allow visitors to post
responses, reactions, or comments. The term is short
for “web log.”
b. Page - The specific portion of a social media website
where content is displayed, and managed by an
individual or individuals with administrator rights.
c. Post - Content an individual shares on a social media
site or the act of publishing content on a site.
d. Profile - Information that a user provides about
himself or herself on a social networking site.
e. Social Media - A category of Internet-based resources
that integrate user-generated content and user
participation. This includes, but is not limited to, social
networking sites (Facebook, MySpace),
microblogging sites (Twitter, Nixle), photo- and video-
sharing sites (Flickr, YouTube), wikis (Wikipedia),
blogs, and news sites (Digg, Reddit).
f. Social Networks - Online platforms where users can
create profiles, share information, and socialize with
others using a range of technologies.
g. Speech - Expression or communication of thoughts or
opinions in spoken words, in writing, by expressive
conduct, symbolism, photographs, videotape, or
related forms of communication.
h. Web 2.0 - The second generation of the World Wide
Web focused on shareable, user-generated content,
rather than static web pages. Some use this term
interchangeably with social media.
i. Wiki - Web page(s) that can be edited collaboratively.
j. Linkedin – A Professional Social Network allowed, but
monitored and governed by the same discretionary
guidelines and permissions as outlined in this policy.
GO 1-20
Social Media
2
Issued: 01/25/2021
2. Potential Office Uses of Social Media assisting local law
enforcement

a. Social media is a valuable investigative tool when seeking


evidence or information related to:
1) missing persons;
2) wanted persons;
3) gang participation;
4) crimes perpetrated online (e.g., cyberbullying, cyber
stalking);
5) photos or videos of a crime posted by a participant or
observer;
6) employment or volunteer applicants

a) The Sheriff’s Office has an obligation to include


Internet-based content when conducting
background investigations of job or volunteer
candidates.
b) Persons authorized to search Internet-based
content should be deemed as holding a
sensitive position.
c) Search methods shall not involve techniques
that are a violation of existing law.
d) Vetting techniques shall be applied uniformly to
all candidates.
e) Every effort must be made to validate Internet-
based information considered during the hiring
process.
f) Searches should be conducted by a non-
decision maker. Information pertaining to
protected classes shall be filtered out prior to
sharing any information online with decision
makers

b. Social media can be used for community outreach and


engagement by:
1) providing crime prevention tips;

GO 1-20
Social Media
3
Issued: 01/25/2021
2) offering online-reporting opportunities;
3) sharing crime maps and data; and
4) soliciting tips about unsolved crimes (e.g.,
Crimestoppers, text-a-tip).

c. Social media can be used to make time-sensitive


notifications related to

1) road closures,
2) special events,

3) weather emergencies
4) missing or endangered persons, and

5) active community threat situations.


6) scam alerts

d. Social media can be used as a mechanism to identify and


recruit persons seeking employment or seeking to provide
volunteer services.

B. SHERIFF’S OFFICE USE OF SOCIAL MEDIA

1. All employees representing the Sheriff’s Office via social media


outlets shall adhere to the following:
a. Employees will conduct themselves at all times as
representatives of the Office and, accordingly, adhere to all
Sheriff’s Office standards of conduct and observe
conventionally accepted protocols and proper decorum.
b. Employees will identify themselves as a member of this
Office.
c. Employees will not make statements about the guilt or
innocence of any suspect or arrestee, or comments
concerning pending prosecutions, nor post, transmit, or
otherwise disseminate confidential information, including
photographs or videos, related to Office training, activities, or
work-related assignments without express written
permission.

GO 1-20
Social Media
4
Issued: 01/25/2021
d. Employees will not publicly comment on City or Sheriff’s
Office policies, procedures, activities or employees in any
unlawful, slanderous or libelous manner.
e. Posting of any photographs, facsimiles or other depictions of
Lynchburg Sheriff’s Office uniforms, badges, patches,
sheriff’s vehicles/equipment or anything else representing
this Office will be done in a manner that will not tend to bring
discredit to the Sheriff’s Office or any employee.
f. Not conduct political activities or private business.
g. Sheriff’s Office employee use of personally owned devices to
manage the Office’s social media activities or in the course
of official duties is prohibited without express written
permission.
h. Employees shall observe and abide by all copyright,
trademark, and services mark restrictions in posting
materials to electronic media.

2. Office Social Media Site / Page Design

a. Where possible, each social media page shall include an


introductory statement that clearly specifies the purpose and
scope of the agency’s presence on the website.
b. Where possible, the page(s) should link to the Sheriff’s
Office official website.
c. Social media page(s) will be designed for the intended target
audience(s) – general public, youth, potential police recruits,
etc.

3. Page Content

a. All Office social media sites or pages shall be approved by


the Sheriff or his designee, and shall be administered by the
Public Information Officer/Deputy or a trained designee or as
otherwise determined.
b. Where possible, social media pages shall clearly indicate
they are maintained by the Sheriff’s Office and shall have
contact information prominently displayed.
c. Social media content shall adhere to applicable laws,
regulations, and policies, including all City and Sheriff’s
Office policies.

GO 1-20
Social Media
5
Issued: 01/25/2021
1) Content is subject to public records laws. Relevant
records retention schedules apply to social media
content.
2) Content must be managed, stored, and retrieved to
comply with open records laws and e-discovery laws
and policies.

d. Where possible, social media pages should state that the


opinions expressed by visitors to the page(s) do not reflect
the opinions of the Office.

1) Pages shall clearly indicate that posted comments will


be monitored and that the Sheriff’s Office reserves the
right to remove obscenities, off-topic comments, and
personal attacks.
2) Pages shall clearly indicate that any content posted or
submitted for posting is subject to public disclosure.

C. EMPLOYEE PERSONAL USE OF SOCIAL MEDIA

1. Sheriff’s Office employees are free to express themselves as


private citizens on social media sites to the degree that their
speech does not impair working relationships of this Office
for which loyalty and confidentiality are important, impede
the performance of duties, impair discipline and harmony
among coworkers, or negatively affect the public perception
of the Office.
2. As public employees, speech made pursuant to your official
duties—that is, that owes its existence to the employee’s
professional duties and responsibilities—is protected speech
under the First Amendment so long as the comments do not
disrupt the workplace, interfere with important working
relationships or efficient work flow, undermine public
confidence in an employee, or create anxiety or unrest within
the community. Sheriff’s Office employees should assume
that their speech and related activity on social media sites
will reflect upon their position and this Office.
3. While employees generally enjoy constitutional rights to free
speech, such rights are subject to certain necessary
limitations due to the scope and nature of the law
enforcement profession.
a. Employees will be responsible for complying with
Sheriff’s Office policies and directives governing
GO 1-20
Social Media
6
Issued: 01/25/2021
interpersonal, broadcast, written and electronic
communications, both on and off duty.
b. Employees must consider the possible adverse
consequences of any personal internet postings or
comments (e.g., Facebook, Twitter, Instagram or any
other web page). Sheriff’s Office employees enjoy
free speech rights, but such rights are subject to
certain limitations due to the nature of law
enforcement work.
c. The Chief Deputy or Captain may order the removal
of any Internet material posted by a Sheriff’s Office
employee when deeming that the material:
1) Would disrupt the workplace, interfere with
important working relationships or efficient
work flow, undermine public confidence in an
employee, or create anxiety or unrest within
the community.
2) Is not appropriate for public viewing (e.g.,
content that promotes illegal activity, violates
the rights of any other person or entity,
threatens the safety of any other person or
entity, etc.)
3) Is deemed to be in violation of this policy or
any ordinance/statute
4) Failure to remove any posting of inappropriate
internet material may subject the employee to
disciplinary actions.

d. Sheriff’s Office employees shall not post, transmit, or


otherwise disseminate any information to which they
have access as a result of their employment without
written permission from the Sheriff or his designee.

e. For safety and security reasons, Sheriff’s Office


employees are cautioned about disclosing their
employment with this Office. No employee shall post
information pertaining to any other member of the
Sheriff’s Office without their permission. As such,
Sheriff’s Office employees will not be authorized to do
the following except with the express written
permission of the Sheriff or his/her designee.

GO 1-20
Social Media
7
Issued: 01/25/2021
1) Display Sheriff’s Office logos, uniforms, or
similar identifying items on personal web pages
2) Post personal photographs or provide similar
means of personal recognition that may cause
them to be identified as a Sheriff’s deputy of
this Office.

f. When using social media, Sheriff’s Office employees should


be mindful that their speech becomes part of the worldwide
electronic domain and will be difficult or impossible to later
withdraw or delete. Therefore, adherence to the Sheriff’s
Office’s code of conduct is required in the personal use of
social media. In particular, Sheriff’s Office personnel are
prohibited from the following:

1) Speech containing obscene or sexually explicit


language, images, or acts and statements or
other forms of speech that ridicule, malign,
disparage, or otherwise express bias against
any race, any religion, or any protected class of
individuals.
2) Speech involving themselves or other Sheriff’s
Office personnel reflecting behavior that might
reasonably be considered prejudiced, reckless,
irresponsible or extremist.
3) Engaging in prohibited speech noted herein,
may provide grounds for undermining or
impeaching a deputy’s testimony in criminal
proceedings. Sheriff’s Office personnel thus
sanctioned are subject to discipline up to and
including termination of appointment with this
Office.

g. Sheriff’s Office employees may not divulge information


gained by reason of their authority; make any statements,
speeches, appearances, and endorsements; or publish
materials that could reasonably be considered to represent
the views or positions of this Office without express
authorization.

h. Sheriff’s Office employees should be aware that they may be


subject to civil litigation and may be ordered to remove any
Internet material posted that:

GO 1-20
Social Media
8
Issued: 01/25/2021
1) is false information that harms the reputation of
another person, group, or organization (defamation);
2) includes private facts and personal information about
someone published or posted without their permission
that has not been previously revealed to the public, is
not of legitimate public concern, and would be
offensive to a reasonable person;
3) uses someone else’s name, likeness, or other
personal attributes without that person’s permission
for an exploitative purpose; or
4) is the creative work of another, trademarks, or certain
confidential business information without the
permission of the owner.

i. Sheriff’s Office employees should be aware that privacy


settings and social media sites are constantly in flux, and
they should never assume that personal information posted
on such sites is protected.

j. Sheriff’s Office employees should expect that any


information created, transmitted, downloaded, exchanged, or
discussed in a public online forum may be accessed by the
Office at any time without prior notice.

k. Any employee who becomes aware of any posting or of any


website or web page that appears to be in violation of the
provision of this policy shall notify his or her supervisor
immediately for follow-up action.

l. The use of Sheriff’s Office computers by employees to


access social media is prohibited without prior supervisory
authorization.

This policy supersedes all previous administrative directives.

GO 1-20
Social Media
9
Issued: 01/25/2021
Number: Page:
GENERAL ORDER 2-1 1 of 21
Subject: Effective Date: Revised Date:
6/5/2006 02/13/2023
Supersedes/Amends:
8/20/13; 10/10/14;
LIMITS OF AUTHORITY 3/11/2015; 3/5/2019

Reference: VLEPSC STANDARDS

ADM.02.01 - .03
OPR.02.07 - .08
____________________________
Donald T. Sloan, Sheriff

NOTE
This order is for internal use only, and does not enlarge a deputy's civil or
criminal liability in any way. It should not be construed as the creation of a
higher standard of safety or care in an evidentiary sense, with respect to
third-party claims. Violations of this directive, if proven, can only form the
basis of a complaint by the Sheriff's Office, and then only in a non-judicial
administrative setting.

I. POLICY

The U.S. Constitution and the Bill of Rights guarantee every citizen certain
safeguards from government intrusion into their lives. These safeguards
have become the corner stone for the application of criminal justice in
America. Consequently, these safeguards have placed limitations on the
authority of police to enforce the laws of the nation, state, and the City of
Lynchburg. The office expects deputies to observe constitutional
safeguards scrupulously and knowledgeably. The office further expects that
deputies understand the limits and prerogatives of their authority to act.
Respect for the civil liberties of citizens shall be the paramount concern in all
enforcement matters.

II. PURPOSE

The purpose of this general order is to define the legally mandated authority
for the enforcement of laws, to set forth guidelines concerning the use of
discretion by deputies, and to define the authority, guidelines and
circumstances when deputies should exercise alternatives to arrests and
pretrial confinement.

GO 2-1
Limits of Authority
1
Revised: 02/13/2023
III. PROBABLE CAUSE AND REASONABLE SUSPICION

A. Probable cause

Searches (with the few important exceptions outlined in this order)


and all arrests are based on the deputy sheriff’s perception of
probable cause. According to the U.S. Supreme Court, "Probable
cause exists where the facts and circumstances within their [the
arresting officers'] knowledge and of which they had reasonable
trustworthy information are sufficient in themselves to warrant a man
of reasonable caution in the belief that an offense has been or is
being committed."

1. A deputy must have probable cause to undertake a search or


make an arrest.

2. When a deputy has appropriate probable cause, he or she


may undertake a complete body search (not including a body-
cavity search;) record the suspect's fingerprints, take the
suspect's photograph, and jail him. The aim of probable cause
is to make a formal charge.

B. Reasonable suspicion

Reasonable suspicion involves a standard less than probable cause,


generally defined by the courts as a circumstance or collection of
circumstances that would lead a trained, experienced deputy to
believe that criminal activity may be afoot.

1. A deputy must have reasonable suspicion to temporarily


detain a citizen.

2. When a deputy has reasonable suspicion, he or she may


undertake a pat-down of a suspect's outer clothing for
weapons and record the circumstances of the encounter. The
aim of reasonable suspicion is to resolve an ambiguous
situation.

C. Elements of probable cause

1. Probable cause may be established through anonymous


sources provided that the information is corroborated by
investigation.
GO 2-1
Limits of Authority
2
Revised: 02/13/2023
2. Unnamed informants may be used in an affidavit for a search
warrant if the informant has first-hand knowledge of the
investigation and information is included about why the
informant is credible and reliable.

IV. PROCEDURES - General

A. Law-enforcement authority

1. Code of Virginia § 15.2-1609 gives Sheriff's deputies the


authority to enforce the criminal laws of the Commonwealth
and ordinances and regulations of the city in which they are
appointed.

2. § 49-1 requires that all deputies, before performing their


duties, take an oath whereby they swear to support the
Constitution of the United States and the Constitution of the
Commonwealth of Virginia.

B. Limitations on law enforcement authority

Limitations on law enforcement authority are derived from statutes,


federal, state, and local judicial interpretation of laws, opinions of the
attorney general and commonwealth's attorney, sheriff's office
policies/rules and regulations, and city codes.

1. Statutory limitations

These limitations include, but are not limited to:

a. Enforcement of laws outside of the town limits. § 19.2-


250 grants authority to enforce state laws beyond the
boundaries of the city.
b. § 15.2-1725 grants the city authority to enforce laws
and local ordinances on city-owned property located
outside of its boundaries.
c. § 15.2-1724 allows town officers to be sent anywhere in
Virginia to assist another locality in meeting an
emergency involving any immediate threat to life or
public safety, as outlined in the statute. Further, § 15.2-
1727-8 allows localities to enter into reciprocal

GO 2-1
Limits of Authority
3
Revised: 02/13/2023
agreements with localities outside Virginia to provide
mutual aid.
2. Judicial limitations

Courts constantly interpret laws that place limitations on the


authority of law-enforcement officers. The more common
limitations address Miranda rights/warnings, rulings on search
and seizure, eyewitness identification, and lineups. The Office
shall provide policy guidance concerning these decisions, as
appropriate.

V. INTERVIEWS AND INTERROGATIONS

A. Definitions

1. An interview, as opposed to an interrogation, may be


construed as any conversation with a suspect, witness, victim,
or the citizen.

2. An interrogation, to paraphrase the Supreme Court, includes


direct questioning (or its functional equivalent) about a crime
or suspected crime, as well as any words or conduct on behalf
of the police that may elicit an incriminating response from the
suspect.

a. Deputies are reminded that an interrogation does not


rely solely or exclusively on words; conduct can be the
"functional equivalent" of asking questions.

3. A person is in custody when a deputy tells him or her that he


or she is under arrest. The functional equivalent of being in
custody occurs when a reasonable person in the suspect's
place would feel that his or her freedom of action has been
restricted to the same degree as a formal arrest.

B. Rights admonition

1. In order to achieve uniformity in administering Miranda


warnings, deputy sheriffs shall be issued cards with the
Miranda warnings and waiver on them. Before custodial
interrogation, deputies shall advise suspects of their rights by
reading aloud from the card the following:

a. "You have the right to remain silent."

GO 2-1
Limits of Authority
4
Revised: 02/13/2023
b. "Anything you say can and will be used against you in a
court of law."
c. "You have the right to talk to a lawyer and have him
present with you while you are being questioned."
d. "If you cannot afford to hire a lawyer, one will be
appointed to represent you before any questioning, if
you wish one."
e. "You may stop talking at any time."

2. After the warning, in order to secure a waiver, the officer shall


ask and receive affirmative replies to the following questions:

a. "Do you understand each of these rights I have


explained to you?"
b. "Having these rights in mind, do you wish to talk to me
(us) now?"

3. After the rights have been read, understood, and the person
wishes to waive them, the deputy will have the suspect sign
the waiver of rights form. Deputies shall perform custodial
interrogations of suspects only when they have knowingly and
intelligently waived their rights. Deputies shall cease
questioning whenever the suspect invokes the right to silence
or requests the presence of counsel. (Use waiver of rights
form)

a. Deputies shall not try to elicit incriminating evidence


unless the suspect (who is in custody) waives the right
to counsel.
b. If a suspect, once in custody, requests counsel after
being advised of Miranda rights, he or she cannot be
interrogated again about the crime for which he or she
was charged, other crimes, or by any other officers
unless (l) the counsel is present during the interrogation
or (2) the suspect himself initiates the interrogation.
Deputies therefore cannot obtain a waiver under these
circumstances unless the suspect initiates
interrogation. If a suspect refers to counsel but his or
her intentions are unclear, deputies may question the
suspect further to clarify his or her intentions.

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c. If the suspect is deaf or unable to speak English, the
interrogating deputy shall notify a supervisor and shall
immediately arrange to obtain an interpreter.
4. Deputies will take care when advising juveniles of their rights
to ensure that the rights are understood before obtaining a
waiver. Juvenile victims, witnesses, and suspects must be
given the same constitutional protection as adults. The
following additional safeguards should be followed:

a. Prior to any custodial interrogation of a child by a law-


enforcement officer who has arrested such child
pursuant to Code of Virginia § 16.1-246, the child’s
parent, guardian, or legal custodian shall be notified of
his arrest and the child shall have contact with his
parent, guardian, or legal custodian. The notification
and contact required by this subsection may be in
person, electronically, by telephone, or by video
conference. Refer to Code of Virginia § 16.1-247.1 for
further instructions.
b. The number of deputies engaged in the interrogation
and its duration should be kept to a minimum.
c. A brief explanation of the juvenile justice system and
agency procedures should be provided.

5. If a suspect has invoked his or her right to silence, deputies


may interrogate the suspect if, after a passage of time, the
suspect initiates communication with deputies. Before
questioning, however, deputies shall again administer Miranda
warnings and shall obtain a written waiver.

C. Voluntariness of confessions

The courts have provided deputies with much latitude in interrogating


suspects. If a suspect claims that he or she was coerced into
confessing, the courts will examine the interrogation according to the
totality of the circumstances.

If interrogation methods appear to overcome the suspect's will, then


the courts will find any resulting confession to be involuntary. If
deputies use trickery, threats, or offer promises to obtain confessions,
they must:

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1. Carefully assess the suspect's background, age, education,
mental impairment, and physical condition to determine
vulnerability to coercion; and
2. Coupled with the background characteristics choose an
appropriate mix of interrogation tactics and environmental
factors to convince the suspect to confess without overbearing
the suspect's will. Note that Miranda warnings would have
been given before the interrogation takes place, in most
instances.

D. Exemptions or special cases

1. Miranda warnings do not apply to the following situations,


which are non-custodial. This list is not all-inclusive:

a. Brief on-scene questioning.


b. Identification procedures such as fingerprinting,
conducting a lineup, sobriety tests. (Questioning during
booking may require Miranda warnings.)
c. Volunteered, spontaneous statements. (Once the
deputy has heard the suspect express spontaneous
incriminating statements, the deputy shall then advise
the suspect of Miranda rights and obtain a waiver
before asking additional questions.)
d. Brief investigative detention or stop/frisk.
e. Roadside questioning during routine traffic stops,
including DUI stops until custodial interrogation begins.
f. Routine booking questions attendant to arrest.
g. Questioning by private persons.

2. Public-safety exception

When a deputy urgently needs information from a suspect


because lives are in imminent danger, deputies may delay
giving Miranda warnings until the deputies have received
information sufficient to dispel the emergency. Deputies are
advised that a genuine, life-threatening emergency must exist.

E. Documentation requirements

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1. Deputies shall document the circumstances surrounding the
conduct of interrogations and the recording of confessions.
Required information includes but is not limited to the
following:

a. Location, date, time, duration of the interrogation.


b. Identities of all persons present.
c. Miranda warnings given, the suspect's responses, and
any waivers provided.
d. The nature and duration of any breaks or lapses during
the interrogation and the reasons for them.

2. Video or audio tape recordings shall be treated as evidence


and handled accordingly. Before the tapes are stored as
evidence, a duplicate shall be made and likewise treated as
evidence, the fact of it being a duplicate should be clearly
noted on all paperwork.

VI. SEARCH AND SEIZURE – Search Warrants

Lynchburg Sheriff’s Office deputies are prohibited from obtaining search


warrants. The Sheriff’s Office is not the primary law enforcement agency for
the City of Lynchburg. If at any time a deputy feels that a search warrant
might be needed, for any reason, the deputy must first go through their chain
of command with the Chief Deputy and/or Sheriff having the final authority.
If authority is given, the Lynchburg Police Department will be contacted to
handle the obtaining, serving, and processing of the search warrant.

VII. SEARCH AND SEIZURE - Warrantless Searches

A. Definition

A search occurs where (1) there is a "prying into hidden places by the
deputy" and (2) the person whose premises or person is being
searched has a reasonable expectation of privacy.

B. The Fourth Amendment guarantees the right for people to be free


from unreasonable searches and seizures of their homes, persons
and things. The Supreme Court is continuously interpreting the
Fourth Amendment as it applies to police conduct. Illegally seized
items of evidence will not be admitted in court and may be cause for
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a lost criminal case. Additionally, an illegally conducted search
invites civil suits and criminal prosecution.
In order to ensure that Fourth Amendment rights are protected,
deputies, upon probable cause in all appropriate criminal cases, may
conducted warrantless search in the following incidents:

1. Consent searches
2. Emergency searches
3. Plain view and "plain feel"
4. Abandoned property and open fields
5. Inventory searches of vehicles
6. When executing arrest warrants
7. Incident to arrest (see GO 2-4)
8. Pat-downs of suspicious persons

As a general rule, no arrest warrant or search warrant is required for


an arrest in a public place, as long as probable cause exists.

C. Consent

1. A search warrant is not necessary where a person who has


authority or control over the thing or place searched consents
to the search. Note that the deputy doesn't have to have
reasonable suspicion nor probable cause to make a consent
search: he or she may merely ask for permission from
someone with control over the premises. If that person grants
permission, the search may take place. The sole justification
for a consent search is the existence of knowing, intelligent,
and voluntary consent.

Consent searches must observe the following rules:

a. Generally, the person granting consent must use,


access, or control the property. A person having
exclusive possession of some part of jointly-owned
property can only give consent for a search of that part.
b. If two people have joint ownership of property, either
may give consent. If possible, have the consenting
party sign a written permission-to-search form.
c. A landlord, including a hotel or motel manager, cannot
consent to a search of a tenant's premises, unless the
tenant has been evicted or has abandoned the
property.
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d. A husband or wife, or one member of a cohabiting
unmarried couple, may consent to a search of areas in
common ownership or use.
e. A parent may consent to a search of premises
occupied by a dependent child if the parent also has
access to the premises.
f. An employee cannot give valid consent to a search of
his employer's premises unless he has been left in
custody of the premises.
g. An employer may generally consent to a search of
premises used by employees, except premises used
solely by an employee (e.g., a locker).

2. Consent must be given voluntarily. If a deputy requests


consent from a citizen under circumstances, which a
reasonable person would consider coercive, then deputies
must request for a search warrant – See VI. of this policy. The
deputy may have the burden of demonstrating voluntary
consent.

3. A person who initially gives consent may withdraw it at any


time. Deputies shall then secure the premises and seek a
warrant if probable cause exists.

4. Refusal to give consent, in itself, cannot justify further law-


enforcement action.

5. The scope of a consent search is limited to the area for which


consent has been given, and within this area deputies may
search only into areas where the objects sought could
reasonably be hidden.

D. Emergency searches

1. A search warrant is not necessary in an emergency. An


emergency is sometimes termed "exigent circumstances."

2. Eleven considerations determine whether an emergency


exists:

a. The degree of urgency involved and the time required


to request a warrant. See VI. of this policy.

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b. Deputy’s reasonable belief that contraband is about to
be removed or destroyed. [Note that not all crimes are
serious enough to create exigent circumstances. See
"e" below.]
c. The possibility of danger to others including Deputy(s)
left to guard the site.
d. Information that the possessors of contraband are
aware that police are on their trail.
e. Whether the offense is serious, or involves violence.
f. Whether deputies reasonably believe the suspects are
armed.
g. Whether the deputies have probable cause at the time
of entry.
h. Whether the deputies have strong reason to believe the
suspects are present on the premises.
i. The likelihood that the suspects will escape.
j. The suspects' entry onto premises after hot pursuit. To
justify warrantless entry following hot pursuit, the arrest
process must have begun away from the premises, and
the offender knows that he or she is under arrest, and
the offender tries to avoid arrest.
k. A reasonable belief that someone on the premises is in
distress and in need of emergency assistance.
E. Plain view

1. A plain-view seizure is, technically, not a search. To make a


plain-view seizure of property (contraband, fruits, or
instrumentalities of the crime), two requirements must be met:

a. From a lawful vantage point, the deputy must observe


contraband left in open view; and
b. It must be immediately apparent to the deputy that the
items he or she observes may be evidence of a crime,
contraband, or otherwise subject to seizure.

2. During a lawful frisk (stemming from a lawful stop), if a deputy


detects an object that is or might reasonably be an item that is
contraband or other criminal evidence, then the object may be
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seized. Threatening items such as weapons may always be
removed during frisks. Non-threatening items may be
removed only if their contraband or evidentiary nature is
immediately apparent (the so-called "plain-feel" rule).

F. Abandoned property and open fields

1. A search warrant is not required for property that has been


abandoned.

2. To constitute abandoned property, two conditions must apply:

a. Property was voluntarily abandoned.


b. Property was discarded outside the area in which
someone has a reasonable expectation of privacy.

3. Open fields are not protected by the Fourth Amendment, but


deputies must distinguish them from curtilage, searches of
which require a warrant. Curtilage is the area of a dwelling,
which is necessary, convenient, and habitually used by the
family for domestic purposes. The extent of curtilage of a
private residence is determined by whether the area is
enclosed; the nature and use of the area; the proximity of the
area to the home; and any measures taken by the owner to
protect the area from observation

G. Inventories of vehicles

1. The Sheriff’s Office requires deputies to inventory any lawfully


impounded vehicle, or a vehicle removed from the street and
placed in sheriff's custody. Any evidence or contraband found
during the inventory may be used to formulate probable cause
for a subsequent search or arrest. Vehicles shall be
inventoried per office procedure, which requires an inventory
of the entire contents; including closed containers (provided
they can be opened without breakage). The purpose of an
inventory is to ensure safekeeping of private property and to
protect the Sheriff’s Office from liability.

To repeat, in order to justify an inventory of a vehicle, the


following conditions must be met:

a. Deputies must have lawful custody of the vehicle.

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b. The inventory shall be conducted pursuant to office
policy.
c. The scope of the inventory shall be limited to those
parts of a vehicle likely to conceal important,
hazardous, or valuable items including, but not limited
to, the passenger compartment, the trunk, and glove
compartment.
2. Closed containers may be examined if they are likely to
contain valuable property. If closed containers are locked or
sealed, they shall not be forced open but simply logged on the
inventory form.
3. The vehicle and its closed containers shall not be damaged.

H. When executing arrest warrants

1. General guidance

A deputy with an arrest warrant may search for the defendant


in his or her own home provided that the warrant was valid;
the deputy searches the defendant's home (and not someone
else's); and probable cause exists that the defendant is home
at the time of the search. The search for the defendant must
be limited to places where he or she might be found.

2. Protective sweep

Following the execution of an arrest warrant, deputies may


undertake a "protective sweep" of the premises where the
arrest takes place without a warrant. Certain limitations must
be observed, however:

a. The purpose of the protective sweep is to discover


persons on the premises who might present a danger
to deputies.
b. Incident to arrest, deputies may, without probable
cause or reasonable suspicion; look into closets or
other spaces immediately adjoining the place of arrest
where threatening persons might be located.
c. In order to extend the protective sweep beyond closets
and adjoining spaces, deputies must have reasonable
suspicion for fearing that persons may be on the
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premises who pose a threat. In such cases, the sweep
is limited to examining places where a person might
hide.
(1) Deputies shall carefully document their
reasonable suspicion.
d. During a protective sweep, evidence discovered in plain
view may be seized.
e. The sweep must cease when deputies have dispelled a
reasonable suspicion of danger.

VIII. STOP AND FRISK

A. Terry V. Ohio (Supreme Court, 1968) gives a law enforcement


officer authority to temporarily detain a person in a public place if
reasonable suspicion exists that a felony has been committed, is
being committed, or is about to be committed; or the deputy
reasonably suspects that a person is illegally carrying a concealed
weapon in violation of Section § 18.2-308 of the Code of Virginia.

B. Two distinct acts exist within stop and frisk: (1) the stop and, (2) the
frisk of persons stopped.

1. Stop – the detention of a subject for a brief period of time. In


order to make the stop, the deputy must have reasonable
suspicion to believe that criminal activity is occurring and the
individual to be stopped is involved.
2. Frisk – Should the deputy have reasonable belief that a
person stopped intends to do him bodily harm or is carrying a
concealed weapon, the deputy may conduct a limited pat
down of the person’s outer clothing.

IX. EYEWITNESSES

A. The Lynchburg Sheriff’s Office shall not conduct on-scene


identification, lineups or photo lineups. The Lynchburg Police
Department, by Letter of Understanding, conducts all follow-up
investigations and subsequently will conduct any on-scene
identification or lineups when necessary.

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B. Hearsay

1. Deputies shall understand the rules by which hearsay can be


considered evidence and therefore of use in an investigation.

a. According to the Virginia Supreme Court, hearsay is


"evidence not proceeding from the personal knowledge
of the witness, but from the mere repetition of what he
has heard others say."
2. Hearsay is generally inadmissible in court.
3. Some hearsay is useful as evidence. Some exceptions to the
Hearsay Rule, and therefore admissible include:

a. A dying declaration or a statement, oral or written,


made by a mortally wounded person who knows that
he is about to die and has abandoned hope of
recovery.
b. Spontaneous declarations, or exclamations of a
participant or bystander concerning an incident, made
without time for reflection.
c. Public records, or reports prepared by public officials
under a duty imposed by law or regulation.

X. VEHICLES

In recent years, the U.S. Supreme Court has modified and expanded the
conditions under which deputies may search vehicles. Preferably, deputies
shall search vehicles under the authority of a warrant whenever sufficient
time exists to obtain one – refer to VI of this policy. Nevertheless,
warrantless searches of vehicles may take place under many conditions and
circumstances. It is imperative that deputies understand the different types
of vehicle searches and their limitations.

A. Definitions

l. For the purposes of this section, a motor vehicle is any vehicle


operating or capable of being operated on public streets or
highways, from trucks to automobiles to mobile homes. A
vehicle that has been immobilized in one location for use as a
storage facility or home is not a motor vehicle for Fourth
Amendment purposes.
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2. For the purposes of this section, a search is an examination of
a motor vehicle with an investigative motive, that is, to
discover evidence or to examine the vehicle identification
number (VIN) to ascertain ownership.

B. When warrantless vehicle searches may be performed

Vehicles may be searched without a warrant under the following


circumstances:

l. When probable cause exists.


2. With the driver's consent.
3. Incident to the arrest of the occupants.
4. To frisk for weapons.
5. When necessary to examine the VIN or to otherwise ascertain
ownership.
6. Under emergencies or exigent circumstances.
7. Inventories.

C. Searches may be conducted within the following limitations:

1. When probable cause exists, a search may extend anywhere


within the vehicle, unless the probable cause is limited to a
specific part of the vehicle.
2. When consent has been obtained from the driver, deputies
may search the vehicle subject to any limitations specified by
the consenting person. Consent shall be obtained in writing, if
feasible. (Utilize vehicle search consent form)
3. Searches incident to the arrest of an occupant shall be limited
to any area within reach of the arrestee. The area within reach
is deemed to be the passenger compartment. The trunk,
engine compartment, and any locked compartments shall not
be searched unless immediately accessible to the suspect.
(See GO 2-4 for a fuller treatment of searches incident to
arrests.)
4. Frisks for weapons shall be confined to the passenger area.
Any place not immediately accessible to the occupants, such
as a locked glove compartment, shall not be frisked. If the
GO 2-1
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16
Revised: 02/13/2023
contents of a container are immediately accessible to the
subject, a closed container may be searched for weapons.
a. Note that a deputy can order the suspect from the
vehicle and frisk both the suspect and the vehicle.
5. An entry into the vehicle to examine the VIN or otherwise
determine ownership must be limited to these purposes.
6. An emergency search of the vehicle may be conducted but the
extent of the search must not exceed whatever is necessary to
respond to the emergency.
Note: If the initial search under the above conditions gives rise to probable
cause that evidence, contraband, fruits, or instrumentalities of the crime
might be found elsewhere in the vehicle, officers may search those areas
that might reasonably contain such items.

D. Containers within the vehicle

As a rule, no container within a vehicle shall be searched unless it


might contain the item(s) sought.

l. Procedures for unlocked containers

a. In a probable cause search, containers may be opened


wherever found in the vehicle.
b. When the passenger area is searched incident to an
arrest, containers within the passenger area may be
opened.
c. During a consent search, containers may be opened
provided that the terms of the consent either so permit
or reasonably imply permission.
d. Containers found in or discarded from a vehicle under
circumstances not amounting to probable cause or in
connection with a search incident to an arrest shall not
be searched but shall be secured until a warrant is
obtained.

2. Procedures for locked containers

Under most conditions, locked containers may be opened if


one of the following circumstances has been met:

GO 2-1
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Revised: 02/13/2023
a. Consent has been given.
b. Probable cause exists to search the vehicle and the
object of the search might be found in the container.
(Even in this circumstance, a warrant is preferred.)
c. Inventory.

E. Conduct of the vehicle search

1. When possible, searches of vehicles shall be conducted


contemporaneous with the stopping or discovery of the
vehicle. As a general rule, vehicle searches shall be
conducted as soon as reasonably possible.
2. When possible, deputies shall avoid damaging a vehicle or its
contents, and shall minimize the intrusiveness of the search
and any inconvenience suffered by the passengers or owner.
3. As vehicles may contain sharp or pointed objects, and
perhaps even syringes or other materials with body fluids on
them, deputies shall take precautions to minimize exposure to
communicable diseases.

XI. LIMITATIONS ON AUTHORITY

A. Limitations on law-enforcement authority by local courts

Occasionally, the local courts may limit law-enforcement authority to


enforce state statutes and local ordinances. The office manual shall
contain relevant orders offering appropriate guidance to deputies.
These limitations include, but are not limited to:

1. The enforcement of certain parking ordinances.


2. The handling of juvenile offenders.
3. The issuance of summonses as opposed to arrests /
incarceration.
4. Restrictions relating to the animal control ordinance.

B. Limitations on law enforcement authority by the commonwealth's


attorney

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Revised: 02/13/2023
Occasionally, the commonwealth's attorney may issue opinions to the
office imposing limitations on deputies. These areas include, but are
not limited to:

1. Prosecution of certain cases.


2. Extradition.
3. Enforcement of certain statutes pending opinions from the
attorney general's office.

C. Changes in laws/interpretational limitations

Periodically, changes take place, which may impose new limitations


on police authority or remove or alter existing limitations. Normally,
annual updates on such changes are provided to all personnel. In
case immediate changes in office operations are required, the sheriff
may provide information orally and confirm it in writing.

XII. CONSTITUTIONAL REQUIREMENTS: GENERAL

A. Compliance with constitutional requirements during criminal


investigations

1. All deputies when conducting criminal investigations shall take


all precautions necessary to ensure that all persons involved
are afforded their constitutional protections. Deputies shall
ensure that:

a. All statements or confessions are voluntary and non-


coercive.
b. All persons are advised of their rights in accordance
with this general order.
c. All arrested persons are taken promptly before a
magistrate for formal charging.
d. All persons accused or suspected of a criminal violation
for which they are being interrogated are afforded all
Constitutional guarantees.
e. Prejudicial pre-trial publicity of the accused is avoided
so as not to interfere with a defendant's right to a fair
and impartial trial.

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Revised: 02/13/2023
B. The use of discretion by deputies

1. Deputies, by the nature of their job, are required to exercise


discretion in the performance of their duties. The Sheriff’s
Office provides deputies with written policies, rules, office
orders, directed assignments, and training in order to aid them
in making decisions, which govern discretion in performing
their duties.
2. With the exception of rules and regulations, general orders
give deputies procedures to follow for common or critical
enforcement tasks. By definition, general orders afford
deputies a window of discretion within which to act. General
orders are to be followed unless unusual or extreme
circumstances dictate another course of action. In this case,
deputies shall make reasoned decisions in their discretion
based on good judgment, experience, and training. It is up to
the individual deputy to consider the relevant facts, the
situation, and then, using knowledge, training, and good
judgment, make appropriate decisions. Supervisors must
closely observe the use of discretion by their subordinates and
point out factual errors or alternatives that may be more
appropriate.

C. Alternatives to arrest/pre-arraignment confinement

1. Under certain circumstances, deputies are faced with


situations where an arrest and pre-arraignment confinement
will not be possible. In such cases, deputies may elect to
exercise certain alternatives such as the issuance of
summonses, referral to a social service agency, or simply to
give a warning. Examples:
a. Mentally or emotionally disturbed persons.
b. Domestic situations where counseling may be
appropriate except where probable cause requires an
arrest.
c. Juvenile offenders.
d. Transient persons who need shelter and food.
e. Certain misdemeanor cases.

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2. Authority to issue summonses in lieu of arrest/confinement
a. § 19.2-74 authorizes deputies to issue a summons in
lieu of arrest for persons charged with a misdemeanor
criminal offense except D.U.I. and drunk in public.
Additionally, § 19.2-74 authorizes the use of
summonses when enforcing city ordinances.
b. In determining whether a summons should be used, the
deputy shall:
(1) Decide whether the offense committed is
serious.
(2) Make a judgment as to whether the accused
poses a danger to the public or him/her self.
(3) Decide, based on circumstances, whether the
person may disregard a summons.

3. Informal handling of criminal matters


Deputies often deal with situations where the public interest
would be better served by social service agencies or crisis and
professional organizations. When in the judgment of the
deputy a better solution to the problem will be achieved by use
of alternatives to enforcement, he or she should refer the
citizen to an appropriate social services agency.

4. Use of warnings as an alternative to arrest


The use of warnings may sometimes provide a solution to a
problem and may enhance the public perception of the
Sheriff’s Office. Normally, the use of a warning occurs in
traffic offenses, but occasionally may be applied to criminal
offenses. In determining if a warning should be issued, the
deputy shall consider:
a. The seriousness of the offense.
b. The likelihood that the violator will heed the warning.
c. The reputation of the violator, i.e., known repeat
offender, has received previous warnings, etc.

This policy supersedes all previous administrative directives.

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Number: Page:
GENERAL ORDER 2-3 1 of 2
Subject: Effective Date: Revised Date:
6/5/2006; 2/9/2015 11/20/2018
OFFICE ASSIGNMENTS Supersedes/
Amends:
Reference: VLEPSC STANDARDS
OPR.01.07
_________________________
Donald T. Sloan, Sheriff
NOTE
This order is for internal use only, and does not enlarge a deputy's civil or
criminal liability in any way. It should not be construed as the creation of a
higher standard of safety or care in an evidentiary sense, with respect to
third-party claims. Violations of this directive, if proven, can only form the
basis of a complaint by the Sheriff's Office, and then only in a non-judicial
administrative setting.

I. POLICY

It is the policy of the Lynchburg City Sheriff’s Office to assign deputies


during operation hours of 8:00 A.M. to 4:30 P.M. on Monday through
Friday for Sheriff’s Office duties.

II. PURPOSE

It is the purpose of this general order to establish a procedure for


assignments to courts, transportation, and service of civil process, check
point responsibilities and determination of days off.

III. PROCEDURE

A. Assignment to duty:

1. Office assignments are made by the command staff, i.e.


sergeants or above as directed by the Sheriff.

B. Frequency of mandated duty assignments:

1. All deputies can be rotated in court, transportation or field duty


assignments at the direction of the Captain or designated
command officer as directed by the Sheriff.

2. Assignments or post rotation is at the discretion of the Captain


or designated command officer as directed by the Sheriff.

GO 2-3
Office Assignments
1
C. Assignments to duty posts:

1. The office has court, transportation, and civil process


assignments.

a. Deputies will be assigned to court, transportation and civil


process at the discretion of the Captain or designated
command officer as directed by the Sheriff.

b. Court and civil process rotations will be at the


discretion of the Captain or designated command
officer as directed by the Sheriff.

c. Deputies will be assigned a pager for after hours call


back duties for TDO’s, Mental Commissions or
special assignments, i.e. Project Lifesaver, escapes.

d. Deputies will report to the office each morning to


receive their schedule and ask any questions they
may have. If any information needs to be relayed it
will be during this time. The Sheriff’s Office does not
have previous shifts to relay information from.

D. Determination of days off:

1. To take vacation time deputies must submit a request, in


writing, to the Captain or designated command officer as
directed by the Sheriff. A copy of the approved request will
be maintained by the Captain who handles the deputy’s
time book.

2. To take earned compensatory time off, deputies must


submit a request, in writing, to the Captain or designated
command officer as directed by the Sheriff. A copy of the
approved request will be maintained by the Captain who
handles the deputy’s time book.

3. To take vacation or earned compensatory time off,


command officers must check the command time book, log
their request and make a verbal request to the Sheriff.
Once approved the time off will be logged on the Sheriffs
calendar.

This policy supersedes all previous administrative directives.


GO 2-3
Office Assignments
2
Number: Page:
WRITTEN DIRECTIVE 2-4 1 of 7
Subject: Effective Date: Revised Date:
6/5/2006 03-10-2015
ARREST PROCEDURES Supersedes/
Amends:
Reference: VLEPSC STANDARDS
ADM.02.01; ADM.02.02
_________________________ ADM.02.04,OPR.12.04
Ronald L. Gillispie, Sheriff

I. POLICY

The Lynchburg Sheriff's Office has the primary task of providing courtroom
security, serving of civil process and the secure transport of prisoners. Criminal
investigation, arrest and booking procedures are by custom and mutual agreement
the responsibility of the Lynchburg Police Department. The Code of Virginia
does however, empower the Office of the Sheriff and sworn deputies with the
authority to effect arrests.

It is recognized that there will be occasions and/or incidents in which a sworn


employee of the Sheriff's office is required to exercise their power of arrest.
Sworn employees are authorized and required to exercise the arrest of a
violator(s) who has or is about to commit a felony. An arrest may also be affected
of an individual(s) who commits a misdemeanor in the presence of a sworn
employee or in accordance with the exceptions provided for in the Code of
Virginia § 19.2-81.

In some situations, it is advisable and prudent for the sworn employee to detain a
violator(s) pending the arrival of the Lynchburg Police Department. The decision
to arrest or detain must be based upon good judgment taking into consideration
the safety of the public, officer safety and the circumstances of urgency, which
may dictate that an arrest be made.

This policy will specifically detail imperatives and options concerning arrest,
detention and other related concerns.

For all other situations and categories of criminal acts that may be encountered,
the sworn employee shall immediately summon the response of the police
department or police authority having jurisdiction, if outside the limits of the City
of Lynchburg.

II. PURPOSE

To establish arrest guidelines by sworn employees of the Lynchburg City Sheriff's


Office.

2-4.1
III. PROCEDURE

A. Arrests

1. Felonies - the sworn employee is authorized to affect the custodial


arrest of an individual(s) who commits a felony, as defined under
the various sections of the Code of Virginia, in his/her presence.
In lieu of making the arrest, the sworn employee should weigh the
desirability or necessity of taking immediate action or detaining
the suspect pending the arrival of a police officer. Some factors to
consider are:

a. the nature of the crime;


b. flight risk;
c. officer safety
d. public safety.

2. Misdemeanors - the sworn employee is authorized to affect the


arrest of a person(s) who commits a misdemeanor in their presence
or in accordance with the exceptions provided for in the Code of
Virginia § 19.2-81. The Code of Virginia under §19.2-74 specifies
that a summons shall be issued and upon written promise of the
person detained or in custody to appear in court at the time and
place specified, the sworn employee shall forthwith release him
from custody. See the Code of Virginia §19.2-74 for additional
requirements.

a. Given the role and mission of the sworn employee of the


Lynchburg Sheriff's Office, it is imperative to utilize good
judgment and discretion in effecting the arrest of a person
who has committed a misdemeanor. The sworn employee
should weigh the desirability or necessity of taking
immediate action or detaining the suspect pending the
arrival of a police officer.

b. If practicable, the sworn employee who witnesses the


commission of a misdemeanor should call for the response
of the police department, attempt to stabilize the scene until
the arrival of the police and detain the suspect in as
minimally restrictive environment as possible. The sworn
employee shall not seek to interview or interrogate the
suspect. The sworn employee should however make note
of any declarations, utterances or other significant
statements made by the suspect or any pertinent
observation.

2-4.2
B. Arrest With A Warrant

1. An arrest warrant may be issued by any magistrate, judge, or clerk of


any circuit court, general district court, or juvenile and domestic
relations court (Code of Virginia – 19.2-71).

2. A deputy must adhere to Code of Virginia 19.2-76 authorizing


execution within his jurisdiction of a warrant, capias, or summons
issued anywhere in Virginia.

3. A deputy who arrests a person on a warrant or capias from another


jurisdiction is required to take the arrestee forthwith to an appropriate
judicial officer serving the deputies locality.

4. Complete a VCIN/NCIC check on any person to whom a warrant,


capias, or summons was issued before releasing them.

C. Arrest Without A Warrant

1. A deputy must adhere to Code of Virginia 19.2-81 and 19.2-82 to


make a warrantless arrest. The deputy must comply with the following
guidelines:

a. Misdemeanor arrests must occur in the deputy’s presence or


must be an exception as outlined in Code of Virginia 19.2-81.

b. Felony arrest may be made if committed in the deputy’s


presence or if the deputy has probable cause to believe the
subject committed the crime.

c. All arrests must conform to Code of Virginia 19.2-81, 19.2-73,


and 19.2-74.

2. The deputy shall conduct a reasonable search of the person arrested as


soon as practical and at or near the location of arrest. The deputy may
search the subject’s immediate surroundings or area of immediate
control. The purpose of the search is to:

a. Ensure the safety of the deputy and/or subject

b. Prevent escape

c. Prevent destruction of evidence

2-4.3
D. Incidents Involving State Legislators

1. Members of Congress may not be detained for the issuance of


a summons while they are in transit to or from the Congress of the
United States. (Code of Virginia: 8.01-327.2)

2. Members of the General Assembly of Virginia, the clerks thereof


and their assistants may not be detained for the issuance of a
summons for a period of five days prior to or following a session
of the General Assembly. (Code of Virginia: 30-6)

3. If a member of either the federal or Virginia legislative body is


stopped for a traffic infraction under circumstances as listed above:

a. The legislator should be identified and released immediately.

b. The officer may then obtain a summons for the observed


violation and make arrangements to serve the summons at a
time when the legislator is neither in transit to a session nor
on official business.

D. Arrest Incidents Involving Foreign Nationals/Diplomatic Immunity

1. Any situation involving the arrest or taking into custody of an


individual who may be accorded diplomatic immunity or is a
foreign national will require special handling. For these situations,
the current edition of the United States Department of State
handbook entitled “Diplomatic and Consular Immunity” will
serve as official sheriff’s office policy.

2. A copy of this resource shall be maintained at the front desk, the


deputy area and each vehicle operated by the sheriff’s office.

F. Diplomats/Consular Officials

1. Diplomatic immunity is granted by the United States government


under provisions of the Vienna Convention on Diplomatic
Relations.

2. Generally, these provisions apply to two classes of immunity:

a. Diplomats or consular officials, their families, and members of


their administrative or technical staff are granted full
immunity from arrest and prosecution.

2-4.4
b. Other employees of diplomatic or consular missions and
members of their families are granted immunity only with
respect to acts performed in the course of their official duties.

3. Foreign diplomatic and consular personnel will be treated with


courtesy and with due regard for the privileges and immunities to
which they are entitled under international law.

4. Diplomatic and consular personnel may be issued traffic citations


by officers.

a. Issuance of a traffic citation does not constitute "arrest" under


International Law.

b. The deputy will not detain diplomatic or consular personnel


any longer than necessary to conduct the traffic stop.

c. The deputy will be mindful that diplomatic and consular


personnel:

1) are not required to sign the citation

2) are immune from prosecution for an offense through


the court system.

d. The deputy may forward a copy of the citation, with a letter


detailing the observed violation, to the Department of State,
Offices of Protocol and Foreign Missions, Washington, D.C.
20520.

1) The letter will be drafted by the deputy for the


signature of the Sheriff.

2) A copy of the citation will be attached to the letter.

3) The letter will be forwarded through the chain of


command to the Sheriff.

4) Upon approval and signature by the Sheriff, the letter


may be sent to the Department of State.

e. Information supplied to the Department of State will be used


to evaluate continuation of diplomatic immunity for the
affected person.

2-4.5
5. Deputies may intervene to halt activities of diplomatic or consular
personnel when such activities lead the officers to believe that:

a. there is imminent danger to the public safety, or

b. it is apparent that a serious crime may otherwise be


committed.

6. It is the responsibility of the diplomatic or consular official to


claim any immunity to which they are entitled, through
presentation of valid credentials.

7. Inquiry will be promptly made to the Department of State in any


case where:

a. a person claims diplomatic immunity and cannot present


satisfactory identification, or

b. the deputy has reason to believe that the diplomatic


identification presented is not valid.

8. Inquiries may be made to the Department of State using the


appropriate telephone number.

a. Deputies may call (202) 895-3532 or (202)-647-7277 for


information regarding:

1) diplomatic and consular personnel not affiliated with


the United Nations

2) members of any international organization other than


the United Nations.

b. Deputies may call (212) 415-4444 for information regarding


United Nations personnel.

G. Military personnel (Code of Virginia, Section 44-97)

1. No person belonging to the Virginia National Guard, the Virginia


State Defense Force, or the Naval Militia shall be arrested on any
process issued by or from any civil officer or court (except in cases
of Felony or Breach of the Peace) while:

a. going to, remaining at, or returning from any place at which


they may be required to attend for military duty, or

2-4.6
b. actually engaged in the performance of military duties, except
with the consent of their commanding officer.

2. Code of Virginia 46.2-331 should be referred to in relation to


extension of licenses for persons in armed services or Foreign
Service.

3. Interpreters for Non-English speaking persons will be contacted


through LYNCOM for both Diplomatic and non-diplomatic
persons that come into contact with a Sheriff’s Deputy. All
constitutional safeguards will be maintained throughout the
encounter.

4. Interpreters for the hearing impaired persons both Diplomatic and


non-diplomatic will be contacted through LYNCOM or Thomas
Road Baptist Church’s Deaf Ministry, (434) 239-9281. All
constitutional safeguards will be maintained throughout the
encounter.

This policy supersedes all previous administrative directives.

2-4.7
2-4.8
Number: Page:
GENERAL ORDER 2-8 1 of 9
Subject: Effective Date: Revised Date:
6/5/2006, 12-20-2012
03-02-2015 10-11-2018
PRISONER TRANSPORTATION Supersedes/
Amends:
Reference: VLEPSC STANDARDS
OPR.08.01 - .08
_________________________ OPR.01.04
Donald T Sloan, Sheriff

I. POLICY

Transportation of persons in custody is a constant requirement and a frequent


activity. Transportation usually occurs in two instances. The first is immediately
after arrest when the arresting deputy takes the arrestee to another facility. The
second concerns the movement of prisoners from a holding facility (i.e. Juvenile
Detention Center, Department of Corrections) and transporting them to and from
court, or to the Blue Ridge Regional Jail Authority, where they will be housed until
court appearances. Also in addition, any mental commissions or Temporary
Detention Order transports to state hospitals or designated facilities, from local
mental health facilities. In all instances of transfer of persons in custody, deputies
shall use care not to endanger themselves while ensuring the prisoner's safety, thus
limiting opportunities for escape.

II. PURPOSE

The purpose of this policy is to establish procedures to ensure that prisoners are
transported safely.

III. PROCEDURES

A. General

1. All prisoners shall be transported in secure, caged vehicles.

2. In no case shall a juvenile known or believed to be under the age of


18 years be transported with adults suspected of or charged with
criminal acts. Code of VA § 16.1-254 applies.

3. When picking up a prisoner from any facility, the deputy shall verify
the identity of the prisoner.

4. The transporting deputy shall obtain from the custodian of the


prisoner any paperwork, property, or medical records that should
accompany the transfer of the prisoner. This is to include any
medications that may be needed by the transportee.
GO 2-8
Prisoner Transportation
Revised: 10/11/2018
1
5. It is the policy of the Lynchburg Sheriff’s office to use two deputies
for all out of local area transports.

B. Searching the prisoner

1. The transporting deputy shall always search a prisoner before placing


him or her into the vehicle. Deputies must never assume that a
prisoner does not possess a weapon or contraband or that someone
else has already searched the prisoner. The transporting deputy shall
conduct a search of the prisoner each time the prisoner enters custody
of the deputy. See paragraphs E, G, and I for a discussion of prisoner
restraining devices.
2. When handling and searching prisoners, deputies shall remain
mindful of the office's infectious diseases exposure control plan and
shall use personal protective equipment when necessary.

C. Searching the transport vehicle

The transporting deputy shall search the vehicle before each prisoner
transport to ensure that no weapons or contraband are available to the
prisoner. Further, after delivering the prisoner to his or her destination,
deputies shall again search the transport vehicle to ensure that the prisoner
did not hide contraband or other evidence.

D. Transport equipment

1. Vehicles are equipped with a metal/plexiglass cage separating the


front and rear compartments. Normally, these vehicles will be used
in all prisoner transports in order to prevent prisoner access to the
driver's compartment. During any transport, the sliding door on the
cage will be secured.
2. All vehicles equipped with metal screen barriers and used in
transporting prisoners have the rear interior door and window
handles removed in order to minimize the risk of escape by prisoners
while transporting.

E. Positioning of prisoners in the transport vehicle

1. When a deputy transports a prisoner in a caged vehicle, the prisoner


shall be positioned in the rear seat and secured with seat belts.
Prisoners shall be restrained by the use of waist chains and
handcuffs. If a lone deputy is transporting a prisoner by himself or
herself the prisoner should be seated in the passenger side rear for
observation.
GO 2-8
Prisoner Transportation
Revised: 10/11/2018
2
2. It is the policy of the Lynchburg Sheriffs office to never transport a
detainee in an uncaged vehicle. If because of unusual circumstances
this were to occur the second deputy (unarmed) will ride in the back
seat with the prisoner.

3. Deputies shall not transport prisoners who are restrained in a prone


position. Doing so risks positional asphyxia, a form of suffocation
for the restrained suspect that may cause death.

F. Control of prisoners while transporting

1. Observation

a. During transportation, deputies shall continually observe the


prisoner, even when it becomes necessary to allow the
prisoner the use of a toilet.

b. In a situation where observation is not possible (woman


prisoner needing toilet facilities and male transporting deputy
or vice versa), the deputy shall exercise as much control of
the situation as possible. The prisoner shall not be allowed in
the facility with another person and the deputy shall ensure
that there are no escape routes within the facility and no
weapons available to the prisoner.

c. If a prisoner appears lethargic, ill, or physically unresponsive,


the deputy shall:

1. Conduct close observation of the prisoner; questions


such as, “are you ill?” or “do you need medical
assistance?” would be appropriate. Sworn personnel
are reminded about the concept of “universal
precautions” to be observed when coming into
contact with an individual suspected of or having a
communicable disease.

2. Short of any further indication of a medical condition,


the deputy should advise the receiving correctional
official of any complaint of illness or observations
made of the prisoner.

3. If, in the estimation of the deputy that the prisoner


requires immediate medical attention, a supervisor
shall be notified and Lynchburg emergency medical

GO 2-8
Prisoner Transportation
Revised: 10/11/2018
3
system may be activated. A deputy shall accompany
the prisoner to the medical facility in order to ensure
the security of the prisoner and safety of medical aid
providers. The deputy shall maintain presence until
relieved by those authorized to do so.
4. Should hospitalization be warranted, the deputy shall
be positioned in such proximity so as to ensure that
security is maintained and escape is prevented.
5. The deputy who initially determines illness of a
prisoner in which medical attention becomes
necessary shall prepare an incident report. The
incident report shall detail observations made and
actions taken and routed through the chain of
command.

2. Meals
The transporting deputy should make arrangements for a bag meal
for the detainee if a meal is required. He should also advise the
receiving facility to hold a meal for the detainee if possible.

3. Stopping to provide law enforcement services while transporting

a. When transporting a prisoner, the transporting deputies shall


provide law-enforcement services only when:

(1) A need exists for the transporting deputies to act


immediately in order stop or prevent a violent act
and/or prevent further harm to a victim.
(2) A person has been injured and assistance is required
immediately. (e.g., a traffic crash with injuries).
(3) A crime is in progress, thus creating an immediate
need to apprehend the suspect.

b. In all of the above situations, the transporting deputy shall


ensure at all times that the prisoner is secured and protected.
c. Under no circumstances shall a deputy transporting a
prisoner engage in a pursuit.
d. At no times should a single deputy transporting an inmate
stop at a vehicle accident. He should immediately call it in
to dispatch or the local jurisdiction.

GO 2-8
Prisoner Transportation
Revised: 10/11/2018
4
4. Escape

If a prisoner escapes while being transported, the transporting deputy


shall observe the following procedures.

Request assistance immediately from the jurisdiction the deputy is in


at the time of the escape. The transporting deputy shall immediately
provide dispatch with the following information:

(1) Location.
(2) Direction and method of travel, and means of escape.
(3) Name, physical description of escapee.
(4) Possible weapons possessed by the escapee.
(5) Pending charges.

b. Try to recapture the escapee as soon as possible. Virginia


Code § 19.2-77 authorizes a deputy to pursue and arrest the
escaped prisoner anywhere in Virginia if in close pursuit.
c. The transporting deputy shall submit a written report to the
sheriff as soon as practicable explaining the circumstances of
the escape.

5. Prisoner communication

The transporting deputy shall not allow prisoners to communicate


with other people while in transit unless the situation requires it. The
deputy shall use his or her judgment when deciding whether to allow
a conversation to take place between the transported prisoner and
another party.

6. Arrival at destination

When transporting prisoners from one facility to another, upon


arriving at the destination, the transporting deputy shall observe the
following procedures:

a. Firearms, and other weapons as directed by the facility, shall


be secured in the designated place at the facility being
entered. If there is no designated security device, secure
weapons inside the locked trunk of the transport vehicle.

GO 2-8
Prisoner Transportation
Revised: 10/11/2018
5
b. Restraining devices shall be removed only after turning over
custody of the prisoner to the receiving facility or when the
deputy is sure that the prisoner is properly controlled and
secured according to policy.

c. The proper paperwork (transportation order, jail committal,


property form, etc.), and any property or medications shall be
submitted to the proper person at the receiving facility and, in
situations that require it, the deputy shall ensure that proper
signatures are obtained on paperwork to be returned to the
office.

G. Special transport problems

1. Transport of prisoner by officer of different sex

a. When locally transporting any prisoner of one sex by a


deputy of another sex, an additional deputy may be requested
to accompany the transport.
b. If using a second deputy is impractical, at a minimum the
transporting deputy shall:
(1) Contact the dispatcher by radio and request that the
time and odometer mileage be logged.
(2) Go directly to the destination by using the shortest
practical route.
(3) Upon arrival at the destination, contact the dispatcher
by radio and request that the time and the odometer
reading be logged.

2. Transport of juveniles
a. When transporting any juvenile prisoner, the transporting
deputy shall:
(1) Contact the dispatcher by radio and request that the
time and odometer mileage be logged.
(2) Go directly to the destination by using the shortest
practical route.
(3) Upon arrival at the destination, contact the dispatcher
by radio and request that the time and the odometer
reading be logged.

GO 2-8
Prisoner Transportation
Revised: 10/11/2018
6
3. Prisoner with disabilities

a. When transporting a prisoner with disabilities, the


transporting deputy shall request help when needed to
complete the transport conveniently, comfortably, and safely
for both the prisoner and the deputy. The deputy may request
the office to contact the Lynchburg Fire Department or
rescue squad for assistance. The transporting deputy shall
take whatever special equipment or medicine is necessary for
the prisoner.

b. With a disabled person in custody, the transporting deputy


must use common sense. When the disability is such that no
danger of escape or injury to the prisoner or deputy exists,
then restraining devices may be inappropriate.

c. Any wheelchairs, crutches, prosthetic devices, and


medication shall be transported with, but not in the
possession of, the prisoner.

4. Transportation of dangerous/security-risk prisoners from one facility


to another.

a. Transportation to court: When a prisoner is considered


dangerous or a security hazard, courtroom security personnel
shall be notified before the transport takes place in order to
plan how best to minimize any chance of escape, or injury to
the prisoner or anyone else.

b. The Chief Deputy or his designee will be notified of any


high-risk prisoner to determine the need for additional
manpower and security measures in dealing with this inmate.

H. Restraining devices

1. When prisoners must be restrained during transport, the following


procedures shall be followed unless circumstances or physical disability
or condition require an alternate method.
a. Prisoners shall be handcuffed with waist belt/chain restraints.

b. If a waist belt/chain is not used, then prisoners shall be


handcuffed with their hands in the back unless physical
disability or condition prohibits it.

GO 2-8
Prisoner Transportation
Revised: 10/11/2018
7
c. Leg restraints may also be used in order to minimize the risk
of injury or escape.

d. Under no circumstances shall a prisoner be handcuffed to any


part of the transport vehicle.
e. The use of a rescue gurney with restraining straps may be
used when handling mentally ill prisoner. The prisoner will
not be placed face down and will be monitored to ensure
proper airway and breathing.

2. Mentally disabled prisoners

If the use of a strait jacket becomes necessary to transport a mentally


disturbed prisoner, the deputy shall request the assistance of mental
health or EMS personnel. At no time will a strait jacket be used to
restrain prisoners who do not require it.

3. Restraints on Pregnant Inmates

For restraint procedures for pregnant inmates see Written Directive


2-7.

I. Supervisory notification

1. When transporting sick, injured, handicapped, mentally ill, or


prisoners with communicable diseases the supervisor on duty must
be notified.

J. Hospital protocol

1. When transporting inmates in need of hospital treatment, personnel


shall follow hospital protocol at all times unless such protocol is in
direct conflict with the security of the inmate, hospital personnel,
general public, or the deputy in charge of the inmate.

K. Documentation

Personnel shall document all prisoner transports on the prisoner transport log
sheet unless documented by a Transportation Order. They must complete all
requested fields on the sheet. Deputies shall document the circumstances of
any apparently ill or injured prisoners and their medical treatment. Give
names of personnel from and to whom the prisoner was released or
transferred. This should be given to the Office Manager upon completion.

GO 2-8
Prisoner Transportation
Revised: 10/11/2018
8
L. Extraditions

1. The Captain, working with the Commonwealth Attorney, is


responsible for all logistical considerations concerning out-of-state
extradition of prisoners. This includes but is not limited to:
a. Any intelligence concerning subject to be extradited.
b. Dates and times for extradition.
c. Airline arrangements and other travel considerations.
d. Communications with the subject’s holding facility to
discuss times and proper protocols.
e. Governor’s warrant (unless waived) and letter with
authorization letter from the Sheriff.
f. Proper paperwork and forms filled out with original
receipts, once extradition is completed, to send to the
Commonwealth of Virginia for reimbursement. Copies of
original receipts will be kept on file in the Captains office.

2. For those extraditions that are strictly the responsibility of the


Sheriff’s Office two sworn members of the office will be selected
to go. The following procedure will be followed:

a. Selection of deputies made via extradition roster/list.


b. Deputies must have completed flying while armed training
prior to extradition and have a copy of their letter of
training completion with them.
c. Deputies who are selected and cannot go on the extradition
will be skipped over and the next deputy on the list will be
selected for the trip, and so on.

This policy supersedes all previous administrative directives.

GO 2-8
Prisoner Transportation
Revised: 10/11/2018
9
GO 2-8
Prisoner Transportation
Revised: 10/11/2018
10
Number: Page:
GENERAL ORDER 2-9 1 of 19
Subject: Effective Date: Revised Date:
6/8/06 / 10/23/07
10/31/08, 03/08/12 /
Vehicle Operation/ 3/10/15 07/01/2021
Enforcement Activity Supersedes/
Amends:
Reference: VLEPSC STANDARDS
OPR.01.01, OPR.01.04, OPR.01.08,
OPR.07.01-07.12

________________________
Donald T. Sloan, Sheriff

NOTE

This order is for internal use only, and does not enlarge a deputies civil or
criminal liability in any way. It should not be construed as the creation of a
higher standard of safety or care in an evidentiary sense, with respect to
third-party claims. Violations of this directive, if proven, can only form the
basis of a complaint by the Sheriff’s office, and then only in a non-judicial
administrative setting.

I. POLICY

Given the mission of the sheriff's office involving transports of prisoners


and service of civil process, it shall be binding upon every deputy to
operate vehicles with due regard for safety of all persons. No task, call, or
incident justifies disregard of public safety. Further, the public expects its
law-enforcement officers to demonstrate exemplary driving skills. The laws
governing traffic safety shall be stringently observed. Though not a
primary responsibility of Lynchburg Sheriff's Office personnel, it is
recognized there will be occurrences in which traffic law violations are
observed and will require an enforcement response. The Virginia Uniform
Summons will be the form utilized to place charges upon a violator when a
violation occurs in the presence of a sworn employee. In other situations,
it may be necessary to obtain a warrant or summons in lieu from the
magistrate.

With regard to pursuit operations, sworn employees of the Lynchburg


Sheriff's Office shall not engage in such activity unless exigent
circumstances exist. Deputies may however assist the primary law
enforcement agency in traffic direction or other type of safeguard activity,
if requested. Pursuits represent a dangerous and difficult task that receives
much public and legal scrutiny when accidents, injuries, or death result.
Pursuing deputies and supervisors must justify their actions and, once they
have decided to pursue, continuously evaluate the safety of their actions.
GO 2-9
Vehicle Operation / Enforcement Activity
1
Revised: 07/01/2021
Further, forcible measures to stop a fleeing driver, as detailed in GO 2-9a,
are prohibited except where deadly force is appropriate. At no time will a
deputy engage in other activities, whether in the nature of enforcement or
assistance when a prisoner is in custody (refer to GO 2-9a).

Prior to field assignment, employees shall be provided with training that


covers at a minimum the operation of and equipment carried within
sheriff's office vehicles, manual traffic control and completing the Virginia
Uniform Summons

II. PURPOSE

This policy shall serve to provide guidelines for all employees in the
operation of Sheriff's Office vehicles. Guidelines for the enforcement of
traffic laws are also included within this directive.

III. DEFINITIONS

A. Emergency driving

That driving in response to a life-threatening or other serious incident


(based on available information) which requires emergency
equipment in operation. Virginia Code §§ 46.2-829, -920, and -1022
apply.

B. Emergency equipment

Flickering, blinking, or alternating emergency lights and a siren,


whistle, or air horn designed to give intermittent signals automatically.
§§ 46.2-920 and -1022 apply. All marked vehicles have distinctive,
reflectorized decals for additional visibility. In this order, an
authorized emergency vehicle is one that is equipped with
emergency equipment.

C. Normal or routine driving

That driving which dictates vehicle speed consistent with the normal
flow of traffic, obedience to vehicle laws and posted signs, adherence
to commonly-understood "rules of the road."

GO 2-9
Vehicle Operation / Enforcement Activity
2
Revised: 07/01/2021
IV. PROCEDURE

A. General

1. Employees operating Sheriff's Office vehicles shall exercise


due regard for the safety of all persons. "Due regard for
safety" shall be defined as follows: Each person is held to
owe a duty to other persons to protect them against
unreasonable risks.

2. Sheriff's Office vehicles shall be operated in compliance with


all traffic laws and regulations as specified under the Code
of Virginia.

3. Routinely, when a Sheriff's Office vehicle is in operation, the


use of safety belts (seat belts) by employees is required.

a. The Code of Virginia specifies an exemption for the law


enforcement officer transporting persons in custody or
traveling in circumstances, which render the wearing of
such safety belt system impractical. (§46.2-1094 COV).

b. Regarding the use of safety belts by persons in custody


refer to GO 2-8 pg. 2.

4. Employees shall be held accountable for driving violations


which result in crashes or in damage resulting from abuse,
careless and/or reckless handling.

5. Vehicles used in routine or general patrol service will normally


be conspicuously marked.

6. Unmarked cars shall not be used for pursuit, except for


exigent circumstances, but may be used for patrol as needed.
Under exigent circumstances, unmarked vehicles may be
used for pursuit only until a marked vehicle is available to take
over the pursuit. They may be used to stop vehicles provided
they are equipped with emergency lights and a siren.

7. Standard lighting equipment on marked vehicles includes


hazardous warning lights and emergency lights. Hazardous
warning lights may be used at any time the department vehicle
is parked where other moving vehicles may be endangered.
Alley lights and spotlights, when available, may be used when
the vehicle is stationary or moving at speeds not to exceed 15

GO 2-9
Vehicle Operation / Enforcement Activity
3
Revised: 07/01/2021
miles per hour and shall not be used in a manner which will
blind or interfere with the vision of operators of other
approaching vehicles (§ 46.2-1029).

B. Inspection

1. Before each duty assignment, deputies shall check their


vehicles for cleanliness and operability of all equipment.

2. Deputies shall check the safety features of the vehicle before


assuming duty. The check shall include (but not be limited to)
all lights, brakes, siren, horn, and steering.

3. Deputies shall examine their vehicles at the beginning and end


of their shifts for damage. Deputies shall report any damage
immediately to the on-duty supervisor.

4. Deputies shall examine their vehicles at the beginning and end


of their shifts as well as before and after each transport to
search for evidence, contraband, or property discarded by
prisoners or others. Rear seats shall be thoroughly checked.

5. Deputies who discover a department vehicle in need of


extensive repairs shall immediately inform the on-duty
supervisor.

6. If, in the opinion of the sheriff, or his designee, vehicle damage


resulted from abuse or neglect caused by a deputy,
disciplinary action may result.

7. No driver shall modify, remove, de-activate, or otherwise


tamper with the vehicle safety belts, emission control device,
or any part of the vehicle which affects its operation.

8. During periods of inclement weather when sheriff’s office


vehicles cannot be washed regularly, the driver must ensure
that headlight and tail-light lenses are kept clean, insofar as
circumstances permit.

9. No deputy or employee shall operate any sheriff’s office


vehicle which he or she believes to be unsafe.

C. Driving rules

1. The driver shall carefully observe the surrounding conditions


before turning or backing any vehicle.
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2. A sheriff’s office vehicle shall not be left unattended and
unsecured with the engine running nor shall the vehicle be left
unlocked when the officer has left it to handle other business.

3. The driver must recognize the variable factors of weather,


road surface conditions, road contour, and traffic congestion,
all of which directly affect the safe operation of any motor
vehicle, and shall govern the operation of the vehicle
accordingly.

4. Deputies responding to certain crimes-in-progress sometimes


discontinue the use of the siren upon approaching the location
of the occurrence. Deputies shall understand that to do so
means that, per Virginia law, they are no longer operating an
emergency vehicle and must therefore observe all posted
speeds and traffic control devices.

5. Emergency driving to the scene of a motor vehicle accident is


permissible only when an emergency exists, when specific
information indicates that conditions at the scene require an
emergency response, or when directed to do so by a
supervisor.

6. Upon approaching a controlled intersection or other location


where there is great possibility of collision because of traffic
congestion, the emergency driver shall reduce the speed of
the vehicle, stopping completely, if necessary, before entering
and traversing the intersection. When faced with a red traffic
signal or stop sign, however, the officer shall stop his or her
vehicle and ensure by careful observation that the way is clear
before proceeding through the intersection.

7. Regardless of the seriousness of the situation to which the


officer is responding, and excepting circumstances that are
clearly beyond the officer's control, he or she shall be held
accountable for the manner in which he or she operates the
vehicle.

8. At the scene of a crime, a motor vehicle crash, or other


incident, a department vehicle shall be parked in such a
manner so as not to create an obstacle or hazard to other
traffic, unless necessary for the protection of an incident scene
or injured persons. If a traffic hazard exists, the emergency
lights and four-way flashing lights shall be used to warn other
drivers approaching the location.
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9. Circumstances permitting, during emergency responses or
pursuits, the driver may lower one front door window far
enough to hear other sirens and traffic warning signals.

10. Operators of department vehicles must bear in mind that traffic


regulations requiring other vehicles to yield the right of way to
any emergency vehicle do not relieve the emergency vehicle
operator from the duty to drive with due regard for the safety of
all persons using the highways, nor shall they protect the
driver from the consequences of an arbitrary exercise of such
right of way (§ 46.2-829).

V. PROCEDURES FOR EMERGENCY DRIVING

A. General

1. No fixed rule can apply to every circumstance that may arise


governing emergency driving. Although a deputy may receive
information that leads him/her to respond to a call with
emergency lights and siren activated, in the majority of such
cases a deputy discovers, upon arrival, that an emergency
response was not justified.

2. § 46.2-920.B states that the exemptions to driving laws


granted to emergency vehicle operators "shall not, however,
protect the operator of any vehicle from criminal prosecution
for conduct constituting reckless disregard of the safety of
persons and property" and that the law does not "release the
operator of any such vehicle for failure to use reasonable care
in such operation." Recognizing that protection of human life
is paramount, the responding officer must remember that his
or her objective is to get to the location of the occurrence as
soon as possible--safely--without danger to himself or to
others.

B. Use of emergency warning devices in non-emergencies

1. Deputies shall activate emergency equipment to notify drivers


that they must stop and to provide a safe environment for the
driver, officer, and the public.

2. Deputies may activate emergency equipment in non-


emergencies when expediency is required to eliminate a
potential hazard to the public or other officers, such as using

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emergency lights to protect disabled motorists or when
department vehicles are used as protective barriers.

C. Deputy response to call

1. Upon arrival at the scene of a call, the responding deputy shall


rapidly evaluate the situation and determine whether additional
units are still needed or whether other units responding can be
slowed or cancelled.

2. All units responding to robbery or burglary-in-progress calls,


before coming within hearing distance, shall discontinue the
use of the siren and at that time fully comply with all traffic
laws. Before coming within sight of the location, deputies shall
discontinue the use of the emergency warning lights.

a. Deputies are reminded that upon deactivation of a siren


and flashing lights, their response ceases to be an
emergency and they must comply with all posted
speeds and traffic control devices.

3. In situations requiring a silent response, e.g., alarms and


prowler calls, deputies shall respond as rapidly as possible,
obeying all traffic laws and signs.

4. Deputy-initiated response.

When, in the opinion of the deputy, an emergency is imminent


or exists, or that activation of emergency warning devices is
necessary to protect life or render the necessary enforcement,
the department authorizes an emergency response.

Examples include:

a. Any incident where the use of emergency lights


constitutes a necessary warning for the safety of life
(such as scenes of fires, accidents, or disasters).

b. As a visual signal to attract the attention of motorists


being stopped for traffic violations, or to warn motorists
of imminent dangers

c. In response to an officer's emergency request for


assistance.

d. For pursuit, see GO 2-9a.


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D. Traffic law violations - sworn employees of the Sheriff's Office
have a duty to protect all persons from imminent/potential danger.
It is noted that some deputies are not trained to handle traffic law
enforcement. However, the following directions shall apply in order
to protect the public at large from those who flagrantly violate traffic
law.

1. Driving under the influence - should a sworn employee


observe a driver who exhibits impairment or inability to safely
operate a motor vehicle on the highways, the employee shall
notify the police dispatch center, LYNCOM, giving the
location of the suspect, direction of travel and description of
vehicle, driver and license tag number. Upon
intercept/arrival of a police officer, the deputy shall stop and
render assistance. The deputy shall notify a supervisor of
their situation and mark out with the sheriff’s office dispatch
center, SOCOM.

However, if circumstances indicate that citizens are likely to


sustain harm if the violator is not immediately stopped the
deputy shall notify the sheriff’s office headquarters and
LYNCOMM requesting backup and initiate the stop. If the
deputy is not familiar enough with or has not had experience
dealing with DUI’s he or she shall rely upon a supervisor or
Lynchburg Police Department for assistance in handling the
DUI.

a. After normal sheriff’s office business hours all radio


traffic shall be handled through LYNCOM. If this
situation arises after hours and the deputy observing
the DUI is not familiar enough or trained to handle the
stop, he or she shall notify LYNCOM, giving updates
as to location of the suspect, direction of travel and
description of vehicle, driver and license tag number.
Upon intercept/arrival of a police officer, the deputy
may stop and render appropriate assistance (i.e.,
officer safety issues). The deputy shall not affect the
traffic stop unless circumstances indicate that citizens
are likely to sustain harm if the violator is not stopped.

b. If for some reason no sheriff’s office supervisor or


LPD officer is available, the deputy making the stop
will not allow the driver to continue driving but will
require them to contact a friend or family member to
pick the violator up and allow someone else to drive
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the violator’s vehicle from the location of the stop.
Should this occur, a report would be written
documenting why the arrest was not made and who
picked up the violator and drover their vehicle away.

2. Suspended/revoked driver - notify Sheriff’s Office dispatch


of the identity and/or description of the individual,
description/tag of vehicle, and direction of travel.

If the deputy is not familiar enough or does not have


experience to handle this situation, they shall immediately
call a supervisor to walk them through the proper paper
work and procedures.

3. Speed violation - Sheriff's Office vehicles are not equipped


with RADAR units at this time. If the sheriff’s office issues
radar units, they will be issued by a supervisor to those
deputies who are police officer certified, radar certified and
have experience running radar. Deputies may pull over
speeding vehicles and issue a warning or if their patrol
vehicles speedometer is calibrated (according to Lynchburg
Police Departments calibration policy and schedule) may
issue a speeding summons based upon “pacing” the
offending vehicle. However, any vehicle that runs or tries to
elude the deputy shall not be pursued unless exigent
circumstances exist. Only during life threatening situations
should a pursuit take place and only after supervisor
approval, if possible.

4. Other hazardous violations - notify sheriff’s office


dispatch concerning the suspect vehicle, which must be
stopped. The deputy is authorized to effect the vehicle stop
and take appropriate action. The deputy should request
backup and assistance from a supervisor concerning any
questions regarding potential traffic charges and paperwork.

5. Equipment violations - notify sheriff’s office dispatch of the


location and direction of travel of the violator. Deputies may
affect traffic stops for equipment violations, expired license
plate, state inspection or city decals as directed by the
Sheriff. Questions regarding any vehicle stop should be
directed to a supervisor.

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6. Non-residents

Deputies may consider use of warnings for non-residents


who commit minor, non-hazardous violations. If appropriate,
deputies may arrest non-residents by issuance of a
summons. If the circumstances of § 46.2-940 apply,
deputies shall take non-resident violators directly before a
magistrate.

7. Off-road vehicles (including dirt bikes, snowmobiles and


mopeds)

Any deputy observing an unlicensed off-road vehicle on the


highways that cannot be operated legally on public highways
shall order it removed and enforce appropriate laws. If
necessary a report may be written to document the incident.

8. Pedestrians and bicycles

Deputies observing pedestrian or bicycle incidents deemed


unsafe shall render assistance to those involved through
counseling, instructional literature or summons. Lynchburg
Police Department handles all accidents involving both
pedestrians and bicycles investigations and reports. Any
incident of a significant nature will be turned over to
Lynchburg Police Department.

9. Public Carrier/Commercial Vehicles

Public Carrier and Commercial Vehicles will be handled by


deputies for speed and minor traffic violations. All other
violations will be turned over and handled by Lynchburg
Police Department Motor Carrier/Traffic Units or the Virginia
State Police.

10. Legislators

The Lieutenant Governor and members of Legislature, under


Virginia Code §30-6: During the session of the General
Assembly and for five days before and after the session, the
Lieutenant Governor, a member of the General Assembly, or
the Clerk thereof and their assistants, shall be privileged
from being taken into custody except for treason, a felony, or
a breach of the peace. The issuance of a traffic summons for

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a moving traffic offense is allowed, as is a physical arrest in
the case of an offense involving DUI.

11. Military Personnel

Military Personnel: Deputies will abide by Virginia Code


§46.2-305, §46.2-306 & §46.2-308. When enforcing traffic
violations pertaining to military personnel.

12. All other categories of violations - notify sheriff’s office


dispatch (or LYNCOM if after hours) of the violation, location
and direction of travel of the violator.

Deputies may affect traffic stops of violators in unspecified


categories if there exists a threat (something bad may
happen if action is not taken) to public safety.

F. Traffic Stop Procedures

Remember that all traffic stops have the potential to be dangerous


or considered “HIGH RISK”. However for simplicity of explanation,
we will divide these stops into two categories of low and high risk.
Once an offense has been observed and the deputy determines
that a traffic stop will be made, the following suggested procedures
should be followed.

LOW RISK STOPS:

1. Before activating your emergency equipment, pick a safe


location for the stop where if possible both your vehicle and
the violators can be off the main travel portion of the
roadway. During this time the deputy should be giving
dispatch a full description of the suspect, vehicle, occupants
and the reason for the stop.

2. After stopping the suspect vehicle, position your unit at least


ten (10) feet behind with a three (3) foot angled offset to the
left to protect you from cars approaching from the rear. This
position will also provide cover in the event of gunfire from
the suspect vehicle.

3. Upon exiting the vehicle and approaching the suspect


vehicle be very observant of the driver and other occupants
for furtive movement. Pay particular attention to hands. Push
down on the trunk lid to ensure it is locked. Always stand
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behind the driver’s window to force the driver to look over his
shoulder at you. This will also present a harder target for the
suspect should he/she be armed and attempt to fire at you.
Never walk past the driver’s window unless you have to.
After identifying yourself, advise the driver of the reason for
the stop, then ask the driver for their license and registration.

4. Make your decision on enforcement actions, if any. If you


return to your unit to issue a summons, be sure to again be
careful on the second approach to the suspect. After
completing the stop, use caution when re-entering traffic.

5. You may make your approach on the passenger side of the


vehicle when you reasonably believe that it would be safer to
do so, but always be aware of all safety issues.

HIGH RISK STOPS:

Unless given no other choice, high-risk stops should not be


made without the presence of backup units. If you observe a
felony offense or have personal knowledge that a driver or
occupant is wanted for a felony, follow the suspect vehicle
without activating your emergency equipment until proper
police backup is with you. Once police backups are with you,
allow them to take the lead in the traffic stop and then act as
their back-up unit.

G. Enforcement Action/Discretion

1. The deputy must exercise good judgment and common


sense with regard to traffic law violations. In a number of
instances, a well-delivered and tactful warning will suffice in
lieu of further legal action. With reference to juveniles who
commit minor infractions or non-serious, non-flagrant
violations, simple notification of parents or legal guardians
may suffice. Similarly, out of state violators who may not be
familiar with speed limits or other minor laws or ordinances
can be handled in a most appropriate manner with simple
counseling, warning etc,

Flagrant violations, which significantly endanger the public,


actions of reckless disregard or criminal offense will be
handled with enforcement action. This may include issuance
of a Virginia Uniform Summons or in cases such as
DUI/DUID, a physical arrest. If a violator refuses to sign a
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summons, simply write “refused to sign” on the summons
and leave with the violator. Refer to Code of Virginia § 46.2-
936. Virginia Code § 46.2-940 does give the deputy the right
to take a violator before a magistrate or other issuing
authority having jurisdiction, if the deputy believes the
violator is likely to disregard a summons issued under §
46.2-936.

2. If a summons is issued, the deputy shall provide information


to the accused pertaining to court appearance, if court
appearance is mandatory and prepayment information.

3. Updates concerning newly enacted laws and or regulations


shall be provided for the benefit of sworn employees, as they
become available. Prior to July of each year, the sheriff or
his designee will check with the city attorney and on line at
(dls.state.va.us) under publications for the General
Assembly session summary highlights to ascertain any
changes or new legislation affecting the operation of the
Sheriff's Office or enforcement issues. Relevant information
will be provided to deputies as appropriate.

4. PARKING ENFORCEMENT

The Lynchburg Sheriff’s Office does not have the primary


responsibility for parking enforcement. The Lynchburg Police
department is responsible for parking enforcement within
assigned service areas as a routine part of their daily
activities. Downtown parking enforcement will be the primary
responsibility of the Downtown Parking Authority. However,
deputies may be confronted with parking violations where
enforcement action is necessary. Any action taken will be
based upon parking regulations set forth in Chapter 25 of the
City Code of Lynchburg. Violations requiring enforcement
include the following but are not limited to;

a. impeding the flow of traffic or otherwise creating a


hazardous situation,

b. blocking fire lanes or fire hydrants, or

c. illegally utilizing parking spaces clearly marked for


use by handicapped persons.

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Parking enforcement, which involves the towing of vehicles if
deemed necessary, will require that a Lynchburg Police
Officer handle the violation and related reporting duties.

H. Vehicular Pursuits, Roadblocks and Checkpoints

1. Employees of the Sheriff's Office shall not engage in


vehicular pursuit unless exigent circumstances exist, i.e.
(bank robbery, kidnapping or any serious felony) where
sheriff’s office personnel are witnesses to or discover.
Personnel will immediately notify a Sheriffs Office supervisor
and LYNCOM maintaining radio contact until police units are
in pursuit of felonious suspect. Sheriff’s Office unit will fall
back and allow police units to lead in pursuit. When exigent
circumstances exist see deputy responsibilities in Written
Directive 2-9a Vehicle Pursuits.

2. The sheriff’s office will not engage in forcible stopping of a


vehicle or utilization of roadblocks for the purpose of
stopping a suspect vehicle unless exigent circumstances
exist.

3. With regard to vehicular pursuit, it shall be permissible to


assist police department personnel when requested, in
controlling intersections to prevent crashes and/or serious
injuries to innocent citizens.

I. Traffic Crashes /Unusual Occurrences (employee not involved)

1. Should a traffic crash be encountered upon the streets or


highways, the deputy shall stop and render appropriate aid.
The first priority shall be in protecting life and the protection
of the crash scene. Consideration should be given to the
potential of hazardous materials spills or other
contamination. Fire hazards should be minimized as
practicable. Hazardous roadway conditions of any type
within the city shall be reported to the LYNCOM immediately.

2. Deputies may find it necessary to man a controlled


intersection during an emergency or accident scene
assisting Lynchburg Police Department. Deputies are
required to wear reflective vests and utilize a whistle if
possible.

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3. Within the City of Lynchburg, the deputy shall notify
LYNCOM of the location of the accident and the need for
additional Fire Department/EMS services as necessary.
Outside of the City of Lynchburg, the jurisdiction in which the
accident has occurred or State Police may be notified.

4. At no time shall the deputy stop at a crash scene, inoperable


vehicle or other similar situation when a person/prisoner is in
custody except under the provisions of general order 2-8.
Radio notification to the appropriate authority shall suffice.

5. Prior to the arrival of investigating authorities and upon their


request for assistance, the deputy is authorized to assist with
manual traffic control and direction in accordance with the
specifications found in the Code of Virginia. Before
commencing such activity however, the deputy will wear the
issued reflective vest for such purposes. This is applicable
day or night. Flares may be deployed to provide further
visibility.

6. Formal investigation of traffic accidents to include reporting,


response, management, investigation and securing of
personal property of victim(s) is the responsibility of the
Lynchburg Police Department (or appropriate law
enforcement authority).

7. Deputies may be directed by the Sheriff or his representative


to assist or requested to assist by other bona fide authority
during unusual occurrences such as fires, man made or
natural disasters, as well as adverse road and weather
conditions. This assistance may take the form of traffic
control, security functions or evacuation procedure.

J. Accident Procedure - Employee involvement

1. In the event that an employee of the Sheriff's Office is


involved in an automobile crash the following protocol shall
be followed:

a. Determine if personal injuries were sustained and


render assistance if possible; notify or request the
notification of FIRE/EMS resources;

b. Protect the crash scene as practicable;

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c. Notify the investigating authority of the jurisdiction -
City of Lynchburg, police department, accidents
outside of jurisdiction, and either the primary law
enforcement agency of the jurisdiction or Virginia
State Police. Outside of the state, notify highway
patrol, or local police;

d. Notify the supervisor as soon as practicable; the


division of risk management in the city of Lynchburg
shall also be notified.

e. Do not discuss the details of the situation with anyone


other than the investigating authority and the
supervisor.

f. If a prisoner(s) is in custody, the Deputy will call for


immediate law enforcement assistance to secure the
prisoner(s) in the nearest holding facility if necessary.

K. Vehicles in Use by the Sheriff's Office

1. Marked Unit - White law enforcement style police


automobile, conspicuously marked with emblems of the
Lynchburg Sheriff's Office. The unit shall be equipped with
emergency equipment consistent with the requirements of
the Code of Virginia for the operation of an emergency
vehicle (lights, siren) and cage for in custody transports.

a. Sheriff’s Office vehicles shall be primarily utilized for


the following purposes: prisoner transports, service of
civil process, and other business purposes incumbent
upon the sheriff's office.

b. Equipment maintained in the trunk of the vehicle shall


include but is not limited to the following items:
prisoner restraints, first-aid kit, personal protective
equipment (blood-borne pathogen protection), flares,
fire extinguisher, reflective traffic vest, etc. Shotguns
and ammunition are available from the armory based
upon need. A cursory inspection of the vehicle is
completed daily by the assigned deputy.

c. Prior to field assignment, employees will be accorded


training in the operation of the marked sheriff's office
unit.
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2. Unmarked vehicles

a. Unmarked sheriff's office vehicles may be utilized for


the purposes of service of civil process papers or
other business tasks incumbent upon the sheriff's
office.

b. Equipment maintained in unmarked sheriff's office


vehicles is consistent with that of other vehicles in the
fleet. Unmarked units do not normally have a cage in
the vehicle and will not be utilized to transport
prisoners.

c. Prior to field assignment, employees will be accorded


training in the operation of the unmarked sheriff's
office vehicles.

3 Prisoner Transport Vehicle

a. The prisoner transport vehicle shall be primarily


utilized for the purposes of prisoner transportation but
may also be used for other business purposes
incumbent upon the sheriff's office.

b. Equipment maintained in the prisoner transport


vehicle shall include at a minimum but is not limited to
the following items: prisoner restraints, first aid kit,
PPE kit, flares, fire extinguisher, reflective vest,
mobile radio transceiver.

c. The prisoner transport vehicle shall be operated in


accordance with all Sheriff’s Office policy relating to
motor vehicle operation and prisoner transportation.

d. The Prisoner Transport Vehicle shall not be engaged


in high-speed driving or pursuits.

4. Escorts

a. Sheriff's Office vehicles will not be utilized for


purposes of an escort of civilian vehicles or
ambulances in medical emergencies unless approved
by the sheriff.

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b. Sheriff’s Office vehicles may be utilized for funeral
and dignitary escorts within the city of Lynchburg. It is
preferable to have two units during the escort if they
are available. A funeral escort form should be filled
out and left with the Major. Notify the Captain in order
to place the date and time of the escort on the
schedule.

c. There are certain circumstances that may occur


where a visiting dignitary to the Lynchburg area will
receive escort upon request from this office. The
sheriff or chief deputy will approve requested
assistance for all dignitary escorts.

L. Assistance to Highway Users

1. Should employees of the Sheriff's Office encounter highway


users in need of assistance, the employee shall be permitted
to summon the assistance, on behalf of the motorist of the
appropriate agency or service. Sworn employees are
reminded that when in custody of persons, stopping for
purposes other than attending an immediate need of a
prisoner is prohibited except under the provisions of general
order 2-8.

2. If a large or potentially dangerous street hazard or other


situation, which presents a threat to highway safety, is
observed, the employee shall notify LYNCOM to advise of
the situation. If necessary, Sheriff’s Office personnel are
authorized to stand by and direct traffic until the arrival of
police. If the hazard can be easily removed from the street,
the deputy shall turn on emergency lights and safely remove
the object(s). The deputy shall notify headquarters that they
are removing a hazard and the location. Once the item is
removed, the deputy shall return to normal duty.

3. Sheriff's Office employees will not normally engage in the


towing of vehicles that are abandoned or inoperative
because of mechanical malfunction. Towing of vehicles in
this context is a police department responsibility unless
requested by them to do so.

a. Towing of vehicles to satisfy lien or civil judgment is


authorized and will be conducted in strict conformity to
the Code of Virginia as it relates to the towing of vehicles.
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b. Should towing of a vehicle be required for such purpose,
the request for towing can be made through
Headquarters or LYNCOM using the established list of
approved tow agencies. Vehicles towed under these
situations would be stored in the City Impound Lot or any
other impound lot approved by the sheriff. A record of the
incident will be documented in an Incident Report

This policy supersedes all previous administrative directives.

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Number: Page:
WRITTEN DIRECTIVE 2-9a 1 of 17
Subject:
Effective Date: Revised Date:
10/30/2006, 03-09-2012 03-11-2015
VEHICLE PURSUITS Supersedes/
Amends:
Reference: VLEPSC STANDARDS
OPR.01.01
_________________________
Ronald L. Gillispie, Sheriff

NOTE

This order is for internal use only, and does not enlarge an officer's civil or
criminal liability in any way. It should not be construed as the creation of a
higher standard of safety or care in an evidentiary sense, with respect to
third-party claims. Violations of this directive, if proven, can only form the
basis of a complaint by this office, and then only in a non-judicial
administrative setting.

I. POLICY

Employees of the Lynchburg Sheriff’s Office are prohibited from engaging in


vehicular pursuits unless exigent circumstances exist (See Written Directive 2-9).
In the event of a vehicular pursuit it shall be the policy of the Lynchburg Sheriff’s
Office that all emergency vehicle operations shall be conducted with due regard
for the safety of persons and property, and in accordance with existing state and
local statutes. The Lynchburg Sheriff’s Office recognizes that vehicular pursuits
of fleeing suspects can present potential danger to the public, the deputies, and the
suspects involved. The propriety of a pursuit depends on the specific situation,
and a deputy must be prepared to articulate the conditions which existed at the
time of a decision to pursue. Consideration must be given not only to the nature
and gravity of the offense(s) involved, but also to the degree of public danger
which may arise as a result of the pursuit. Responsible law enforcement may
require that the apprehension of a suspect be postponed, when a situation of
unreasonable danger to deputies and/or other persons exists which outweighs the
competing interests involved in the apprehension of the violator.

II. PURPOSE

The purpose of this directive is to establish procedures to be used by deputies


involved in vehicle pursuit situations only. For all other vehicle operation
procedures, refer to WD 2-9.

2-9a.1
III. DEFINITIONS

A. Assigned supervisor

The supervisor establishing incident command to monitor and direct a


vehicle pursuit.

B. Boxing in

A deliberate tactic by two or more pursuit vehicles to force a pursued vehicle


in a specific direction or to force it to reduce speed or stop by maneuvering
the pursuit vehicles in front of, behind, or beside the pursued vehicle.

C. Caravanning

Direct participation in a pursuit by law enforcement vehicles other than the


primary and authorized support vehicles.

D. Crime involving violence

An offense involving violence or the threat of violence to another person, or


the use or threat of physical force to another person. Examples:

1. Murder.

2. Robbery.

3. Rape.

4. Felonious assault.

5. Felonious sex offense.

6. Abduction.

7. Arson involving death or serious injury.

8. Any property crime coupled with life-threatening acts.

9. Any crime involving the display or use of a firearm, including


misdemeanors involving firearms.

E. Directly involved

Deputy’s are directly involved in a vehicle pursuit when they:

2-9a.2
1. have the pursued vehicle in sight, and are attempting to remain in
sight of or apprehend the pursued vehicle, or

2, have any other directly involved police vehicle in sight, and are
attempting to remain in near proximity to that vehicle.

F. Emergency driving

That driving in response to a life-threatening or other serious incident (based


on available information) which requires emergency equipment in operation.
Virginia Code §§ 46.2-829, -920, and -1022 apply.

G. Emergency equipment

Flickering, blinking, or alternating emergency lights and a siren, whistle, or


air horn designed to give intermittent signals automatically. §§ 46.2-920 and
-1022 apply. All marked vehicles have distinctive, reflectorized decals for
additional visibility. In this order, an authorized emergency vehicle is one
that is equipped with emergency equipment.

H. Initiating deputy

The deputy who is attempting to stop or approach a suspect vehicle when


the vehicle operator begins attempting to elude the deputy.

I. Normal or routine driving

That driving which dictates vehicle speed consistent with the normal flow of
traffic, obedience to vehicle laws and posted signs, adherence to commonly-
understood "rules of the road."

J. Primary pursuit vehicle

Normally the law enforcement vehicle that begins the pursuit or the vehicle
closest to the fleeing suspect. The primary pursuit vehicle may be re-
designated by order of the on-duty supervisor.

K. Pursuit driving

An active attempt by a deputy in an authorized emergency vehicle to


apprehend a suspect, who is fleeing or evading apprehension, provided the
deputy reasonably believes that the suspect is refusing to stop and is willfully
fleeing capture by high-speed driving or other evasive maneuvers and the
deputy has probable cause to believe that the fleeing suspect has
committed, or has threatened to commit, a crime involving violence or the
display or use of a firearm. Pursuits shall be conducted only with activated

2-9a.3
emergency equipment as defined in §§ 46.2-920 and -1022 and under
circumstances outlined in this order. An attempt to stop a vehicle that is not
fleeing, or attempts to stop a vehicle that is refusing to stop while still
obeying traffic control devices and not exceeding the speed limit by more
than ten miles per hour is not a pursuit.

L. Reviewing supervisor

The supervisor who reviews vehicle pursuit operations and who forwards
pursuit-related documentation through the chain of command: the assigned
supervisor may also serve as the reviewing supervisor if he was not
directly involved in the pursuit.

M. Risk

The degree of danger or hazard to the public or officers.

N. Roadblock

Any method, restriction, or obstruction used to prevent free passage of


vehicles on a roadway in order to stop a suspect.

O. Support vehicles

The second or additional law enforcement vehicles, participating in the


pursuit, which follows the primary pursuit vehicle at a safe distance and
helps the primary one once the suspect vehicle has stopped, or which can
assume the primary role if circumstances dictate.

IV. PROCEDURE

A. GENERAL

The following state and local code sections give authority to operate
emergency vehicles in pursuit and other emergency situations:

1. Code of Virginia 19.2-77 permits a deputy to pursue anywhere in


the Commonwealth and, when in close pursuit, arrest wherever
found any person who:

a. has escaped from the deputy’s custody, or

b. has fled from the deputy attempting to arrest him.


2. Code of Virginia 46.2-817 defines and sets penalties for three
classes of disregarding a law enforcement officer’s signal to
stop/eluding police:

2-9a.4
a. failure to stop on receipt of visible or audible signal (class 4
misdemeanor)

b. failure to stop and increasing speed or driving so as to


interfere with or endanger the law enforcement vehicle,
other property or a person (class 1 misdemeanor)

c. causing serious bodily injury to another as result of such


vehicle operation (class 6 felony).

3. Code of Virginia 46.2-920 and Lynchburg City Code 25-132:

a. Grant the operator of any law enforcement vehicle when


such vehicle is being used in the performance of public
services, and when such vehicle is operated under
emergency conditions, may, without subjecting himself to
criminal prosecution:

1) Disregard speed limits, while having due regard for


safety of persons and property;

2) Proceed past any steady or flashing red signal,


traffic light, stop sign, or device indicating moving
traffic shall stop if the speed of the vehicle is
sufficiently reduced to enable it to pass a signal,
traffic light, or device with due regard to the safety
of persons and property;

The exemption granted apply only when the


operator of such emergency vehicle displays a
flashing, blinking, or alternating emergency light or
lights as provided in § 46.2-1022 and § 46.2-1023
and either:

(a) sounds a siren, exhaust whistle, or air horn


designed to give automatically intermittent
signals or:

(b) slows the vehicle down to a speed


reasonable for the existing conditions,
yields right-of-way to the driver of another
vehicle approaching or entering the
intersection from another direction or, if
required for safety, brings the vehicle to a
complete stop before proceeding with due

2-9a.5
regard for the safety of persons and
property.

3) Park or stop notwithstanding the other provisions of


this chapter;

4) disregard regulations governing a direction of


movement of vehicles turning in specified
directions so long as the operator does not endanger
life or property;

5) Pass or overtake, with due regard to the safety of


persons and property, another vehicle at any
intersection;

6) Pass or overtake with due regard to the safety of


persons and property, while en route to an
emergency, stopped or slow-moving vehicles, by
going to the left of the stopped or slow-moving
vehicle either in a no-passing zone or by crossing
the highway centerline;

7) Pass or overtake with due regard to the safety of


persons and property, while en route to an emergency,
stopped or slow-moving vehicles, by going off the
paved or main traveled portion of the roadway on the
right. Notwithstanding other provisions of this
section, vehicles exempted in this instance will not be
required to sound a siren or any device to give
automatically intermittent signals.

b. § 46.2-920.B states that the exemptions to driving laws


granted to emergency vehicle operators "shall not, however,
protect the operator of any vehicle from criminal prosecution
for conduct constituting reckless disregard of the safety of
persons and property" and that the law does not "release the
operator of any such vehicle for failure to use reasonable care
in such operation."

B. PURSUIT OPERATIONS

A deputy may pursue a vehicle when he or she knows or has a reasonable


belief that at least one of the following conditions exists:

1. The suspect presents an immediate threat to the safety of officers or


citizens.

2-9a.6
2. The suspect has committed or is attempting to commit a felony
involving actual or threatened violence which may result in injury or
death.

3. The necessity of immediate apprehension supersedes the danger


created by the pursuit.

4. No deputy or supervisor will be disciplined or criticized for a


decision, based upon the guidelines set forth in this directive, not
to pursue.

5. Vehicles containing civilian ride-alongs will not be utilized in


pursuit situations.

6. Initiating or terminating a vehicle pursuit will be at the deputy’s or


supervisor’s discretion, taking into consideration the following
factors:

a. the nature and the seriousness of the offense(s) committed


by the vehicle occupants

b. availability of other means of apprehension (such as later


obtaining and serving warrants on an identified vehicle
occupant)

c. road conditions

d. the deputy's knowledge of the roadway

e. visibility

f. traffic conditions

g. pedestrian traffic

h. pursuit vehicle limitations.

7. The termination of a pursuit will not prohibit:

a. search of the suspect vehicle’s probable route

b. re-initiation of pursuit should the opportunity arise and


conditions permit.

8. Pursuit limitations of specialized police vehicles:

2-9a.7
a. Unmarked police vehicles may be used in vehicle pursuits
only until the pursuit can be turned over to a marked unit:
Whenever possible, marked vehicles will be used in vehicle
pursuits.

b. Any vehicle not equipped with both emergency lights and


audible siren/horn in working condition will not be used for
motor vehicle pursuits.

C. RESPONSIBILITIES

1. The primary responsibility of all deputies in vehicle pursuit


situations is the preservation of public safety: the duty to
apprehend must be balanced against the responsibility to safeguard
innocent persons from harm.

2. A deputy initiating pursuit of a fleeing vehicle will be responsible


for advising Headquarters and going to LPD1 channel to advise
LYNCOM:

a. the location he is initiating pursuit

b. direction of travel

c. description of the vehicle pursued

d. charges against the vehicle occupant(s)

e. updated information as to location and direction of pursuit.

f. once police units are involved in the pursuit, Sheriff’s


Office units will fall back and allow police units to become
the primary unit and lead in the pursuit.

3. The assigned supervisor will be responsible for:

a. monitoring and evaluating the pursuit

b. ordering the termination of the pursuit at any time he feels


that circumstances warrant such action

c. monitoring the number of deputies directly involved in the


pursuit

1) As a general rule, no more than three LPD and/or


LSO vehicles will:

2-9a.8
a) be directly involved in a vehicle pursuit, or

b) travel directly behind the pursued vehicle.

2) The assigned supervisor may direct more or fewer


vehicles to be directly involved, based on his
assessment of the situation.

d. becoming directly involved in the pursuit only if he feels it


necessary in order to provide sufficient staffing to capture
the suspect(s) and ensure officer safety

e. responding to the location where a pursuit has ended


whenever:

1) suspects are being apprehended or sought, or

2) any person has been injured as result of the pursuit,


or

3) any property damage has occurred as a result of the


pursuit.

4) After the incident, the supervisor shall critique the


pursuit with all of the officers involved and direct
participants to submit reports.

4. Should the assigned supervisor become directly involved in the


pursuit, another supervisor will be responsible for:

a. assuming the duties of monitoring, evaluating and directing


the pursuit, or

b. delegating those duties to another supervisor.

5. The assigned backup will be responsible for:

a. responding code 3 to the area of the pursuit

b. advising LYNCOM:

1) what location he is responding from

2) if he becomes directly involved in the pursuit

2-9a.9
c. clearing for other duties and switching to a non-pursuit
radio channel whenever:

1) a total of three other LPD and/or LSO vehicles


become directly involved in the pursuit before he
becomes directly involved, or

2) he is directed to do so by a supervisor.

6. Each deputy responding to assist in the pursuit will be responsible


for:

a. advising LYNCOM on the pursuit channel if he becomes


directly involved in the pursuit

b. clearing for other duties and switching to a non-pursuit


radio channel whenever:

1) three other LPD and/or LSO vehicles become


directly involved in the pursuit, or

2) he is directed to do so by a supervisor.

7. The first assisting deputy behind the primary pursuit vehicle will
be responsible for:

a. providing updated information as to location and direction


of pursuit when in a position to do so

b. assuming the role of primary pursuit unit should the


primary officer's vehicle become disabled.

8. LYNCOM responsibilities will include:

a. Record all pertinent information about the pursued vehicle.

b. monitoring pursuit radio traffic

c. Order the radio cleared of all but emergency traffic.

d. logging all pursuit status information as it becomes


available

e. relaying information to other assisting units and agencies as


directed.

2-9a.10
f. Alert all other nearby law-enforcement agencies of the
pursuit and information given by pursuing officer when
continuing beyond Lynchburg.

g. Query DMV, VCIN, and NCIC for license data and any
warrants.

9. Headquarters’ responsibilities will include:

a. Notifying the first available supervisor.

b. Logging all deputies who are involved with the pursuit.

D. Rules of pursuits

1. Deputies shall not intentionally ram, bump, or collide with a fleeing


vehicle nor shall deputies pull alongside such vehicles in an attempt
to force them off the road or into an obstacle.

2. Boxing-in i is prohibited.

3. Caravanning is prohibited.

4. Deputies shall not fire their weapons from a moving department


vehicle. Deputies may only fire weapons at a vehicle under
conditions described in E below.

5. Should the person(s) attempting to avoid apprehension stop the


fleeing vehicle and proceed on foot, the deputy shall stop, give his or
her location, and continue efforts to apprehend on foot.
Circumstances may dictate, however, a continued pursuit in a
vehicle. Support vehicles shall be dispatched in close proximity to
offer assistance. The pursuing deputy should be cautious, however,
that the pursued vehicle may carry other persons who might assault
the pursuing officers.

6. If the on-duty supervisor orders the pursuit to end, then the primary
and supporting pursuing deputies shall cease immediately. Also, the
pursuing deputies shall end the pursuit if at any time during the
course of the pursuit he or she loses sight of the fleeing vehicle for
more than a few seconds.

7. The use of a stationary roadblock is prohibited.

8. When accompanied by civilian passengers, deputies shall not pursue.

2-9a.11
9. When two vehicles are involved in pursuit, each unit shall maintain a
safe distance especially when passing through intersections. Each
unit involved in the pursuit shall use a different siren-sound selection,
if circumstances and safety permit. The use of different siren-sound
combinations can help the primary and secondary vehicles hear one
another and alert motorists and bystanders that two vehicles are
operating under emergency conditions.

10. In case of pursuit, should the suspect drive in a direction opposite to


the flow of traffic, the pursuing deputy shall not follow the suspect in
the wrong direction but instead transmit via radio detailed
observations about the suspect vehicle's location, speed, and
direction of travel. The pursuing deputy may be able to follow the
suspect on a parallel road.

12. Deputies involved in a pursuit shall not try to overtake or pass the
suspect's vehicle.

13. Intersections are a particular source of danger. When approaching an


intersection where signal lights or stop signs control the flow of
traffic, deputies shall:

a. Slow to a stop and enter the intersection at a reduced speed


and only when safe, when all other vehicles are aware of the
officer's presence.

b. Resume pursuit speed only when safe. When using


emergency lights, siren, and headlamps, the deputy is
requesting the right of way and does not absolutely have the
right to run a red traffic light or stop sign.

E. USE OF DEADLY FORCE

1. Whenever possible, any use of deadly force in a vehicle pursuit


situation will be authorized in advance by the assigned supervisor.

2. In any vehicle pursuit situation, the following actions shall be


considered use of deadly force:

a. use of a moving vehicle to attempt to stop a pursued


vehicle by initiating deliberate contact between the vehicles

b. driving of emergency vehicles directly ahead, beside and/or


behind a pursued vehicle in an attempt to force the pursued
vehicle to slow or stop (boxing in)

2-9a.12
c. use of unoccupied, stationary vehicles or other objects to
block or limit motor vehicle passage (roadblock0.

3. Deadly force may be used only when it is reasonably believed that


the action is:

a. in defense of human life, including the officer’s life, or

b. in defense of any person in immediate danger of serious


physical injury, or

c. necessary for apprehension of a fleeing felon, when:

1) the pursuing deputy reasonably believes that the


suspect’s freedom represents a significant
immediate threat of serious physical injury or death
to the deputy or to other persons, and

2) the pursuing deputy has probable cause to believe


that a felony has been committed and that the
person to be arrested has committed it, and

3) the pursuing deputy has identified himself as a law


enforcement officer, and given notice of his
intention to arrest (time and circumstances
permitting), and

4) all other reasonable means of apprehension have


been exhausted before deadly force is used.

E. INTERJURISDICTIONAL PURSUITS

1. Pursuits beyond the local jurisdiction require the direct approval of


the on-duty supervisor and, if approved, shall be conducted
according to this order. The dispatcher shall notify the appropriate
jurisdiction of the pursuit and request help.

2. Deputies shall review § 19.2-76 concerning arrests outside the


jurisdiction where the offense is charged and § 19.2-77 concerning
pursuits and arrests anywhere within Virginia. Deputies are
authorized to pursue a suspect and apprehend him wherever he is
found within Virginia.
3. The assigned supervisor will request LYNCOM to notify the
appropriate agency at such time that a vehicle pursuit involving
LSO deputies enters, or is likely to enter, another jurisdiction.

2-9a.13
4. LSO deputies may initiate vehicle pursuits within contiguous
jurisdictions only in accordance with provisions set forth in the
Code of Virginia.

5. Once the pursuit has entered another jurisdiction, if officers from that
jurisdiction enter the pursuit, Lynchburg Sheriff’s Office Deputies
shall cease their emergency driving (unless circumstances require
their continued pursuit), turn off emergency equipment, and follow
the pursuit while observing all posted speed limits and traffic control
devices.

6. When the fleeing suspect is apprehended in another jurisdiction, the


pursuing deputy shall take the arrested person before a judicial
officer of that jurisdiction. The deputies shall then go before our
local magistrate to obtain a warrant and ensure that a teletype is sent
through VCIN to the apprehending jurisdiction as soon as possible,
acting as a detainer.

7. Lynchburg Sheriff’s Office deputies will not become involved in a


vehicle pursuit initiated by another agency, unless :

a. assistance is requested by the pursuing agency, and/or

b. assistance is authorized by a Lynchburg Sheriff’s Office


supervisor.

8. In any case of Lynchburg Sheriff’s Office deputies assisting


another agency in a vehicle pursuit, all departmental pursuit and
documentation policies will apply.

F. TERMINATING PURSUITS

1. This order has noted the necessity for a pursuing deputy to


continuously evaluate the risks and goal of a pursuit. Under some
conditions, abandoning a pursuit may prove the most intelligent
decision the deputy can make.

2. Discontinuing a pursuit does not mean that the deputy cannot follow
the vehicle at a safe speed, or remain in the area ready to resume the
pursuit if the opportunity presents and circumstances warrant

3. Deputies shall discontinue a pursuit under the following


circumstances:

a. The on-duty supervisor orders it.

2-9a.14
b. The pursuing vehicle experiences an equipment or
mechanical failure that renders the vehicle unsafe for
emergency driving.

c. The pursued vehicle has outdistanced the pursuing deputy


such that its location is not known.

d. A person has been injured during the pursuit and no medical


or department personnel are able to provide help.

e. The pursuing deputy perceives a clear, unreasonable danger


to deputies, the fleeing suspect, or the public, and the danger
created by continuing the pursuit outweighs the value of
apprehending the suspect at the time.

G. PURSUIT DOCUMENTATION AND REVIEW

1. Each deputy and supervisor directly involved in a vehicle pursuit


will factually document his actions by filing an Incident Report.
The supervisor shall prepare a summary report which includes:

a. The names of participating deputies.

b. A narrative description of where the pursuit began and under


what circumstances (including the weather conditions and
road description), where it ended and under what
circumstances, at what speeds, and the duration of the
pursuit.

c. Any observations on the behavior or actions of the fleeing


driver that may support additional criminal charges.

d. A description of how the suspect was apprehended, and the


force-measures employed.

e. A description of property damaged or an account of injuries


sustained during the pursuit.

f. The offenses for which the suspect was charged.

g. Completed reports will be submitted to the reviewing


supervisor prior to the end of that tour of duty.

2. Pursuit operations will be reviewed by a supervisor who was not


directly involved in the pursuit.

2-9a.15
3. The reviewing supervisor will:

a. secure and review a tape of all pursuit-related radio traffic

b. secure and review any mobile video recording (MVR) tape


showing pursuit operations

c. verify the information related on:

1) each submitted report

2) all pursuit-related documentation.

d. factually complete a report of his/her findings.

e. submit the completed reports and any related


documentation within 48 hours of the pursuit.

4. Pursuit-related documentation will be submitted through the chain


of command to the Sheriff or Chief Deputy.

a. Each supervisory level will:

1) review all documentation for completeness and


policy compliance

2) sign and date each report on approval

3) submit the documentation to the next level in the


chain of command.

b. The City Attorney has requested that the report and certain
related attachments (such as form extension pages) be
considered an Attorney Work Product.

1) Attorney Work Product documents:

a) will not be forwarded through the report


review process

b) will not be filed within the report file.

c) will not be discussed with or delivered to


anyone other than those persons named in
this directive, without prior authorization by
the Sheriff or Chief Deputy.

2-9a.16
2) Police accident and incident reports are not
considered Attorney Work Products.

a) Such reports will be submitted for Review


by the Chief Deputy.

b) Such reports will be filed by control number


according to department procedure.

c. Division of Risk Management: The Sheriff and his


deputies have liability coverage provided by the Division of
Risk Management from the Commonwealth of Virginia’s
Department of the Treasury. The same procedure noted in
(b.) above regarding the City Attorney Work Product will
be followed for the attorneys of Risk Management.

5. In the event of a pursuit-related crash in which injuries are


sustained or substantial property damage occurs, the reviewing
supervisor will also be responsible for:

a. notifying, prior to the end of that duty tour:

1) the Sheriff or Chief Deputy.

2) the City Attorney or the City Risk Management


Coordinator.

3) the Sheriff or Chief Deputy will notify the


Commonwealth of Virginia’s Division of Risk
Management advising them of the situation and for
attorney consultation. (804) 786-3152 – Option 3.

b. having the tape of all pursuit-related radio traffic


transcribed in entirety
c. having the duplicate tape and transcript of the pursuit
forwarded to the Sheriff within 7 days of the incident.

6. A Pursuit Review Committee will be designated by the Sheriff and


will periodically meet with the responsibility of reviewing all
vehicle pursuit documentation for purposes of determining policy
compliance and training needs.

This policy supersedes all previous administrative directives

2-9a.17
2-9a.18
Number: Page:
GENERAL ORDER 2-9b 1 of 3
Subject: Effective Date: Revised Date:
04/01/2015 01/25/2021

Special Purpose
Vehicles Supersedes/
Amends:
Reference: VLEPSC STANDARDS
OPR.01.08
Donald T. Sloan
Donald T. Sloan, Sheriff

I. PURPOSE

The intent of this directive is to establish the criteria for use and
operational guidelines for any special purpose vehicles utilized by the
Lynchburg Sheriff's Office.

II. POLICY

It shall be the policy of the Sheriff's Office to maintain a sufficient number


and type of special purpose vehicles to meet the special operational
needs of the Agency. In addition, the Agency shall insure that all persons
assigned to operate a special purpose vehicle, fully understands its
capabilities, limitations, criteria for deployment and operational
procedures/techniques. In order to achieve these goals, the Agency shall
establish minimum training standards and qualifications for each
designated operator for each type of vehicle.

A. Definition:

SPECIAL PURPOSE VEHICLE - A vehicle used because of


considerations of weather, terrain, the need for inconspicuous
appearance, quietness, storage requirements, special operation
needs, etc. This includes prisoner transport vehicles.

III. VEHICLE TYPE AND SPECIFICATIONS

A. Prisoner Transport Vehicle (PTV)

1. Operational Objectives: The Sheriff's Office Prisoner


Transport Vehicle shall be used to facilitate the movement of
multiple prisoners and/or prisoners with special needs or
circumstances in order to increase safety and/or efficiency.
GO 2-9b
Special Purpose Vehicles
1
Revised: 01/25/2021
2. Conditions and Limitations of Use

a. The Prisoner Transport Vehicle shall be used to


facilitate the movement of prisoners to locations both
within and outside the City as deemed appropriate.

b. The PTV shall also be used to transport subjects in


custody who because of medical condition or violent
nature may be at risk in a regular patrol vehicle.

c. The PTV shall also be used to transport Sheriff's


Office personnel and equipment in support of official
activities as deemed appropriate.

d. The PTV shall be operated in accordance with all


Sheriff's Office policy relating to motor vehicle
operation and prisoner transportation.

e. The PTV may be utilized during inclement weather


conditions, disasters, etc., to assist Lynchburg Police
Department.

f. The PTV shall not be used to conduct traffic stops or


any traffic enforcement. The Deputy operating the
PTV shall contact the Dispatcher to have another
deputy, and/or Lynchburg Police Officer respond to a
situation that requires the presence of law
enforcement, i.e., traffic control, disabled vehicle, etc.

g. The PTV shall not be engaged in high-speed


pursuits.

3. Operation of the PTV shall be limited to those persons


authorized by a supervisor.

4. The Operations Captain/Fleet Manager or his designee shall


be responsible for ensuring the mechanical and operational
readiness of the PTV and shall coordinate both routine and
emergency mechanical service, as appropriate.

5. The PTV shall be equipped with, at a minimum, the following


equipment:

a. Mobile radio transceiver,

GO 2-9b
Special Purpose Vehicles
2
Revised: 01/25/2021
b. First Aid Kit;

c. Biohazard Bag;

d. Fire Extinguisher;

e. Flares; and,

f. Other equipment as deemed necessary and


appropriate by the Supervisor overseeing
transportation.

6. Operation of the Prisoner Transport Vehicle does not require


any specialized training.

GO 2-9b
Special Purpose Vehicles
3
Revised: 01/25/2021
Number: Page:
WRITTEN DIRECTIVE 2-11 1 of 25
Subject: Effective Date: Revised Date:
6/5/2006, 8/12/10 07-19-2016
LEGAL PROCESS Supersedes/ Reviewed
Amends:
Reference: VLEPSC STANDARDS
OPR.12.01-12.03
_________________________ OPR.12.05
Ronald L. Gillispie, Sheriff

I. POLICY

It is the policy of the Lynchburg City Sheriff’s Office to serve and maintain
records on all civil process in accordance with the following procedures.

II. PURPOSE

The purpose of this section is to provide the deputy sheriffs serving legal process
and executing court orders with the essential information on how to perform those
functions so that all legal requirements are carried out. The format of this section
is designed to familiarize the deputy with the types of legal process most
frequently used in the City of Lynchburg, with legal background kept to a
minimum. Emphasis is on the practical requirements, with specific instructions on
the proper service of each kind of process or execution covered. It is intended that
this section be used as a ready reference by the deputy sheriffs and kept up to date
as changes are made.

A. SERVICE AND RETURN OF LEGAL PROCESSES

1. General

a. The purpose of the service of process is to obtain jurisdiction over a


defendant in a suit by notifying the defendant of the case in which they
are a party and thereby bring the defendant into court. The primary
purpose of the RETURN is to give the Court evidence of the
jurisdictional facts of service. The return, by its content, must show
that the legal requirements have been met and is therefore valid.

b. The validity of the service is dependent upon the mode of service used
and upon the return made by the deputy sheriff. Civil processes may
not be served on Sunday, except in cases of persons escaping from
custody. Writs of attachment may not be executed on Sunday except
upon sworn oath that the defendant is actually moving goods on that
day or is about to leave the state in order to change domicile.

Service or execution of a process on any legal holiday or at any time on

2-11.1
Saturday is legal. The deputy sheriff making the service is required to
make a true return upon the process. The return must show the
Sheriff’s name as well since the deputy is acting for him; otherwise, the
return can be quashed by the trial court.

c. The return is evidence only of the performance of acts within the


official duty and power of the Sheriff and, therefore, the return should
include only such acts as are required by law.

d. Three kinds of service to resident:

1. in person;
2. delivery to a member of the person’s family; and
3. posting.

e. The law is concerned with the residence of defendants rather than their
domicile. Thus, a defendant residing in, or physically present in,
Virginia is subject to service even though the defendant’s legal
domicile is in another state. The terms “residence” and “usual place of
abode” are considered to be synonymous in any reference made thereto
in this section.

f. The latter two kinds of service are called “substitute services.” The
deputy sheriff does not have a choice as to the order of service. The
deputy may deliver the process to a member of the family only if the
deputy is unable to make personal service. The deputy may post a copy
of the process only if the deputy has been unable to make personal
service or deliver a copy to a member of the family. All services of any
nature, if posted, will be posted on the main entry door of the usual
place of abode or residence. It is especially important in the case of
substituted service to show that the legal requirements have been met.
For example, if service is made upon a member of the defendant’s
family, the return must show:

1. that the service was made at the defendant’s usual place of abode;
2. that the defendant was not found at the defendant’s usual place of
abode;
3. the relationship of the person served to the defendant;
4. that the purpose of the paper was explained to the person served;
5. that the person served was over sixteen years of age; and
6. the date on which service was made.

g. The stamps used for proof of service and the printed statements on
certain court processes, when properly completed, provide for all legal
requirements mentioned above. Additional information, if available,
such as new or forwarding address, etc., can be noted on the return.

2-11.2
h. Upon receipt of all types of legal process, a record is created in the Civil
Process Computer System that provides for:

1. Date received.
2. Tracking method – Document number
3. Type of process; Civil/Criminal.
4. Nature of document.
5. Source of document.
6. Name and address of defendant, respondent, plaintiff, and
complainant, as available.
7. Deputy serving document/or assigned for service.
8. Date of assignment
9. Method of service.
10. Date of service or attempted service / return if required.
11. Location of service or attempted service.

i. Time received is noted by hand stamp on each paper prior to computer


log-in.

j. Reason for non-service is also noted on each paper prior to being sent
back to the court of origin.

k. All Lynchburg Sheriff's Office personnel must be mindful that all civil
process is sensitive in nature and discretion must be used before
disseminating any information. Generally, when the Lynchburg
Sheriff's Office receives any requests for information in reference to
civil process, until the identity of the requester has been verified, the
following should be the only information given out:

1. The name of the party the paper is for:

2. The type of service required, (i.e. personal, substitute, etc.)

l. Whenever a Lynchburg Sheriff's Office deputy serves any process as a


result of a municipal code violation, the deputy will fully explain the
document.

B. PROCESSES REQUIRING PERSONAL SERVICE

1. Out-of-State Processes. These papers should be served in person to the


individual named.

2. Capias. Meaning “that you take” (Latin) is the general name for several
species of writs, the common characteristic of which is that they require the
deputy to take the body of the defendant into custody. They are writs of
attachment or arrest.

2-11.3
3. Show Cause Rule (signed by a judge). The requirement for personal service
on show cause rules signed by a judge, however, Campbell County Juvenile
and Domestic Court civil show-causes may be served by substitute service.
Per Judicial request from all courts in the city of Lynchburg all show cause
papers require personal service.

4. Restraining Orders. An order, which is issued upon the filing of an


application for an injunction forbidding the defendant to do the threatened
act until a hearing on the application is heard.

Although a restraining order and injunction are sometimes used


synonymously, a restraining order is distinguished from an injunction in
that it is intended only as a restraint upon the defendant until the propriety
of granting an injunction, either temporarily or permanently, can be
determined.

5. Bench Warrant. A process issued by the court itself, or “from the bench,”
for the attachment or arrest of a person, either in cases of contempt or where
an indictment has been found or to bring in a witness who did not obey a
subpoena; so called to distinguish it from a warrant issued by a magistrate
or commissioner.

6. Injunctions. A prohibitive writ issued by a court of equity forbidding a


defendant in an action to do some act, which the defendant is threatening or
attempting to do and which, if committed, would be unjust or injurious to
the plaintiff and which cannot as such be adequately redressed by an action
at law.

NOTE: In addition to personal service on the above-mentioned processes,


injunctions and restraining orders should be read by the deputy to the
defendant. Personal service should be attempted, but is not legally
necessary, on Levies, Distress Warrants, and Detinue Seizure Warrants.
These actions will be covered in more detail under their respective headings
elsewhere in this Procedure Manual.

7. Garnishments and Attachments on Co-Defendants. (The co-defendant is the


individual or corporation in possession of funds due or owing to the
defendant.) The service to the co-defendant should be served in person to
an officer of the corporation or the individual who pays the defendant or
controls payment to the defendant. This is usually the payroll officer,
comptroller, or treasurer, but service to any officer or managing employee
of the business or corporation is valid. The co-defendant named should
always be served regardless of information offered that the defendant is not
employed by the co-defendant or that no monies are due. It is up to the co-
defendant to include such information in the notarized statement as is
required to make to the court by the trial date. On garnishments there are
certain wages and property, which are exempt. These exemptions are set
forth in a schedule which is attached to the process being served upon the
2-11.4
co-defendant. An attachment, however, is applicable to all the wages,
funds, or personal property of the defendant, which are under the control of
the co-defendant at the time of service. Always serve the co-defendant first.

NOTE: Once having served the co-defendant in a garnishment or


attachment action, the defendant, if within the Sheriff’s jurisdiction, can be
served in person or by substituted service at the defendant’s usual place of
abode. There may be situations where the defendant can be found easily at
his/her place of employment and served in person, but such service should
be the exception rather than the rule. It also should be noted that service
may be accomplished anywhere the defendant is found in the city.

8. Corporations, Companies, Partnerships, and Registered Agents. A


corporation is an artificial entity created by the state. It cannot be served
with a process in any other way than by making an actual service on a
natural person who is an officer or agent of the corporation. Service on the
spouse, as such, of an agent or officer of the corporation is not valid unless
the spouse is an officer of the corporation. The persons upon whom service
may be made in order to serve a corporation or partnership are set forth
below:

a. Municipal Corporations: Service may be made on the mayor, recorder,


attorney, manager, or any alderman, councilman, or trustee of the city
or town.

b. Private Corporations: On the president or chief officer, vice-president,


cashier, treasurer, secretary, general superintendent, general agent, or
registered agent.

l. Foreign Corporations: A foreign corporation is one, which has been


granted a charter by a state other than Virginia. Service of process is
made on the registered agent of the corporation. In making the return,
the registered agent’s name should be followed by “Registered Agent
for (name of corporation).” The service should be made to the
individual named as the registered agent, even if the individual advises
he/she is no longer the registered agent for the corporation involved. If
service cannot be made to a registered agent in a reasonable period of
time, alternate procedure of service through the Clerk of the State
Corporation Commission is valid.

d. Partnership: On any partner, provided that the suit is a partnership


matter. In the City of Lynchburg it is permissible in the case of a law
firm, for the service to be made to the secretary of one of the partners
as a personal service to such partner provided the secretary has been
granted such authority by the partner involved. This authority will
have to be in writing, signed by the partners, indicating that they will
consider such as personal service when delivered to the secretary.

2-11.5
e. Unincorporated Associations, Orders, or Common Carriers: On any of
its officers or trustees. Service on an agent of an unincorporated
association is not sufficient. However, when the unincorporated
association is a common carrier, service may be made to any agent of
the carrier or a driver, captain, or conductor of any vehicle of such
carrier. If none of these can be found, service may be made by
publication.

9. Protective Orders

a. A Protective Order (preliminary protective order or final protective


order) is issued by the Juvenile and Domestic Relations Court in crimes
where a family member has been assaulted by the other and is likely to
be assaulted again. The order contains provisions requiring compliance
on the part of the allegedly abusing family member. Protective Orders
are not warrants of arrest and will not be treated as such.
b. There are two types of Protective Orders:

1. Preliminary Protective Order (PPO) - The PPO is valid for fifteen


(15) days from the date of issuance and is primarily served by the
Lynchburg Police Department.

2. Final Protective Order - For Office purposes (and to distinguish


between the two), this order will be referred to as the Final
Protective Order (FPO). The FPO shall be issued for a specified
period not to exceed two years, (refer to the termination date on the
actual order itself). The FPO can be served by the Police
Department or Sheriff’s Office, but is primarily served in court by
the clerk of the court.

3. Immediately upon service all Protective Orders must be entered


into VCIN.

c. Both orders are effective with personal service of the order upon the
allegedly abusing spouse. However, either order may be rescinded or
modified at any time by the court.

d. To obtain a Protective Order, the victim (petitioner) must appear before


an Intake Officer and swear to the petition.

1. The petition will be forwarded to the court and heard by the court
as soon as possible. The judge will decide on whether or not to
issue a PPO in response to the petition.

2. If issued, the PPO shall specify a date for the full hearing. This full
hearing will be conducted within fifteen (15) days. At the full
hearing, the judge will then determine if cause exists to issue a
FPO.
2-11.6
C. SUMMONS

1. General. By definition, a summons is a writ that calls a defendant into court.


If, however, the writ calls a witness into court, it is technically a subpoena
rather than a summons. Proper service of a summons brings the defendant
under the jurisdiction of the court. It notifies the person that an action has
been commenced against him/her and that he/she is required to appear on the
date named and answer the complaint in such action. A subpoena (even
though labeled a summons) is a writ or mandate to bring a witness into court
to give testimony and/or produce records. Failure to obey a summons can
cause a defendant to lose a case by default and failure to obey a subpoena
usually constitutes contempt of court with attendant penalties, either as
provided by law or as imposed by the judge.

2. Jury Summons. Summonses to individuals for jury fall into a special category
since the individual is neither a defendant nor a witness.

a. Petit Jury. Each term of the Circuit Court, the judge issues a Venire Facias,
directing the Sheriff to summons 90 persons from a list provided by the
Clerk of Court to attend the Lynchburg City Circuit Court.

There are 12 terms of court beginning on the first Monday of each month.
The Administrative assistant and Secretary II for the Sheriff’s office handle
all jury summons.

b. Grand Jury. Each term of the Circuit Court, the judge issues a Venire Facias
directing the Sheriff to summons seven (7) persons taken from a list of
persons furnished by the judge of the said court that serve as Grand Jurors
for that term. The Grand Jury convenes on the opening day of each term of
court.

NOTE: Both Petit Jurors and Grand Jurors are contacted by telephone or in
person before a summons is issued therefore posted service is acceptable.

3. Witness Summons. A summons for a witness, as mentioned above, is technically


a subpoena and, if not obeyed, the person summonsed can be held in contempt of
court.

4. Juvenile and Domestic Relations Summons. There are normally six (6) kinds of
summonses used in the Lynchburg City Juvenile and Domestic Relations Court.

They are:

a. The juvenile summons type, which summonses the juvenile involved and
the parents or guardians of the juvenile.

b. The non-support type, which summonses the defendant, who allegedly has
failed to provide the support required.
2-11.7
c. The out-of-state or foreign process for non-support and which is to be heard
in the Lynchburg City Juvenile and Domestic Relations Court.

d. A “Show Cause Rule” signed by a judge and which summonses the


defendant to appear before the judge to show cause or explain why he/she
failed to appear in court in answer to a previous summons or otherwise
failed to comply with a court order.

e. Protective Order.

f. The witness subpoena.

D. CIVIL COURT SUMMONS

At the district court level, civil actions may be commenced by warrant or motion
for judgment. Process to commence an action is ordinarily an order directing
the Sheriff to summons the defendant to answer the complaint of the plaintiff at
the time and place stated. The warrant must be served not less than five (5)
calendar days before the return date (date of court trial), and the defendant is
required to appear before the court on a day not exceeding sixty-(60)-days from
the date of issuance of the warrant. Courts at the district level are referred to as
“courts not of record,” while the next higher courts (circuit) are “courts of
record.” At the district level, every action or proceeding in civil court is tried
according to principles of law and equity. When there is conflict, the principles
of equity (chancery) prevail. In the Lynchburg City Circuit Courts, however,
cases are tried either as “law” cases or as “chancery” cases and are initiated as
one or the other at the time of filing with the Clerk of Court. This distinction
between the district civil courts and circuit courts will be covered in more detail
in the discussion of circuit court type actions and papers.

The district civil court is sometimes called a “Layman’s Court” in that technical
distinctions in describing the claim or cause of action are not necessary nor are
they encouraged.

In fact, a great many actions are initiated and brought before the court by the
individual concerned without benefit of a lawyer. This flexibility is
demonstrated, for example, in a motion for judgment where, if initiated by the
plaintiff in person, it is not required that an affidavit stating the cause of action
be attached to the summons/warrant.

If, however, the claim or motion is being handled by a lawyer for a client, the
lawyer attaches an affidavit signed by the client, in which case it is not usually
necessary for the client to appear personally in court.

In a great many cases, the defendant elects not to appear in court, in which event
the lawyer requests, and is usually granted, a judgment “on the affidavit,” or the
plaintiff is granted judgment on the basis of his/her sworn testimony before the
judge. This distinction should be noted by the deputy making service on the
2-11.8
civil process. If the action is being handled by a lawyer for a client, an affidavit
should be attached to the copy served to the defendant; whereas, if the action is
being brought by the plaintiff without a lawyer, there need not be an affidavit
attached. The presumption is that the sworn first-hand testimony of the plaintiff
will be given, thereby obviating the need for an affidavit.

1. Interrogatory Summons

The interrogatory summons, as the name implies, is a summons issued to bring a


defendant into court for the purpose of finding out from the defendant, under
oath, what property or estate he/she owns (and which presumably can be levied
upon and sold to satisfy a money judgment previously obtained against the
defendant). The interrogatory summons form used in Lynchburg City is useable
and returnable to either district civil court or to the circuit court. Note also that
the interrogatory summons is used only after a judgment has been granted the
plaintiff in a previous court action. It is one of the means used to execute a
judgment and is part of the fieri facias process. A fieri facias, or “fi fa” as it is
called, is a writ of execution in which the Sheriff is commanded to levy and
make the amount of judgment from the goods and chattels of the judgment
debtor. The interrogatory summons, therefore, is a means, which can be used to
determine officially what goods and chattels are in existence upon which a levy
can be made. The interrogatory summons can be used to expedite the levying
process. For example, if a defendant drives to court in his/her personally owned
motor vehicle or truck with equipment, an opportunity is provided the Sheriff, if
the plaintiff desires, to execute a levy thereon concurrently with the court action
on the interrogatory summons. Care should be taken, however, to ascertain that
the vehicle is, in fact, owned by the defendant and/or doesn’t fall under the
provisions of Title 34.

2. Garnishment Summons

The garnishment summons is also a means, as part of the fieri facias process,
whereby a creditor can reach the property of a debtor. As distinguished from an
attachment, the garnishment is an action taken after judgment has been obtained,
whereas an attachment is an action taken before a court hearing or a judgment
made. Both serve as the basis for making levies and sales.

The garnishment action and most attachment actions are usually taken at the
district court level because of the amount of money involved. Further details of
attachments are covered in subsequent paragraphs.
The garnishment summons, as received in the Sheriff’s Office from the Clerk of
Court, consists of the original copy, accompanied by a Fi Fa form; a copy of the
summons for the co-defendant to which is attached a schedule of exempt wages;
and a copy of the summons for service on the defendant. The attachment of the
Fi Fa form to the garnishment summons is required by the Virginia Code, but no
action is taken on the Fi Fa form except to attach it to the original copy of the
garnishment summons. This Fi Fa form can be used, however, if the judge so
desires, as authority to make a levy against the defendant when he/she appears in
2-11.9
court in answer to the summons and is used later by the Sheriff’s Office as a
single piece of paper and has a notation of “Levy” or “Actual Levy” on it.

3. Detinue Summons/Warrant

By definition, detinue is a form of action, which seeks the recovery of specific


personal property from one who has acquired the property legally, but who
retains it without right. In actual usage, it is no longer considered important as
to how the property was acquired since the purpose of the action is to return the
property to the owner. The action of detinue is proper in every case where the
owner prefers recovering the specific property rather than sue for damages. This
kind of action is often taken by a furniture company to recover furniture or
appliances from the purchaser who has defaulted on his/her installment
payment, or it may be taken by a finance company holding title to an automobile
or other item of personal property to recover the same. It is an action taken by
the plaintiff before the merits of the case have been heard in court and for that
reason, the process must be initiated and accomplished with strict adherence to
the statutory requirements. To initiate the action, the plaintiff certifies under
oath that the defendant will sell, remove, secrete, or otherwise dispose of the
property before the judgment of the court can be rendered or that the property
will be materially damaged or injured if permitted to remain longer in
possession of the defendant, etc. Furthermore, the warrant to seize property in
detinue is not issued by the Clerk of Court unless a bond of at least double the
estimated value of the property has been executed payable to the court.

Accompanying the seizure warrant as a separate piece of paper is the summons


to the defendant to appear in court on a certain day. At that time, the judge will
listen to all the evidence and decide if seizure of the property by the plaintiff
was warranted. If not, the judge could order the plaintiff to return the property
to the defendant or, alternatively, to pay the defendant in money. Sometimes
only the summons will be issued and the case tried without actual seizure and
return of the property to the plaintiff, but usually both the summons and the
seizure warrant are to be executed together.

4. Attachment Summons/Order

As mentioned in Garnishment Summons, an attachment action or order is a


proceeding taken before the matter has come to court. It is, therefore, referred to
as an attachment before judgment. Nevertheless, as a means or basis for making
a levy, seizing property and/or acquiring a contingent lien on assets of a
defendant subject to a court decision, it is as effective as a levy or garnishment
action taken after a judgment has been obtained. Three distinctions should be
noted, however; first, as compared to a garnishment action, an attachment served
on a co-defendant is effective only against property which the co-defendant is
holding for or owes the defendant at the time service is made and would not, for
example, be effective as an attachment on wages earned by the defendant and
held by the co-defendant after the time of service, whereas a garnishment is
effective against the wages earned up to the date of the court appearance.
2-11.10
Secondly, the attachment order can be effective against either personal property
or real estate, whereas a garnishment is against personal property (i.e.,
wages/salary) and, thirdly, an attachment order can be used both as an
attachment (as a levy) or as seizure of personal property. When personal
property is seized under an attachment order, its possession is normally taken
over by the Sheriff and held pending its disposition as ordered by the court.

Since the proceeding is statutory and could be used oppressively, its application
must be carefully executed and carried out only as prescribed in the statutes
which require one of the six circumstances as set forth below:

 Is a foreign corporation, or is not a resident of this state, and has estate or


debts owing to said defendant within the City of Lynchburg, or that said
defendant, being a non-resident of this state, is entitled to the benefit of a
lien, legal or equitable, on property, real or personal, within the City of
Lynchburg; or:

 Is removing, or is about to remove, out of this state, with intent to change


his/her domicile; or :

 Intends to remove, or is removing, or has removed the specific property


sued for, or his/her own estate, or the proceeds of the sale of his/her own
property, or a material part of such estate or proceeds, out of this state so
that there will probably not be therein effects of the said defendant
sufficient to satisfy the claim when judgment is obtained should only the
ordinary process of law be used to obtain the judgment; or:

 Is converting, or is about to convert or has converted his/her property of


whatever kind, or some part thereof, into money securities, or evidences
of debt, with intent to hinder, delay or defraud his/her creditors; or:

 Has assigned or disposed of, or is about to assign or dispose of, his/her


estate, or some part thereof, with intent to hinder, delay, or defraud
his/her creditors; or:

 Has absconded, or is about to abscond, from this state, or has concealed


himself/herself therein to the injury of his/her creditors, or is a fugitive
from justice.

The attachment order is issued on the basis of written petition filed by the
plaintiff or his/her attorney with the Clerk of Court where the case will be heard.
When an attachment is returned not served on the principal defendant(s),
whether levied on property or not, further attachments and summonses may be
issued based on the original petition until service is obtained on him/her, if
he/she is a resident of this state. If service cannot be had in this state, upon
affidavit of that fact, an order of publication shall be made against him/her. In
other words, jurisdiction of the court over the defendant’s property cannot be
achieved solely by virtue of service on the co-defendant or by seizure of his/her
2-11.11
property. In view of the circumstances, which prescribe the issuance of an
attachment order, it is permissible and legal to issue and execute the attachment
and summons on a Sunday provided an oath is made by the plaintiff that the
defendant is actually removing the effects on that day, or is about to move out of
the state with intent of changing his/her domicile. The attachment order has
three main actions in it:

 A command that specific property be attached;


 That upon execution of a bond, possession be taken of the tangible
personal property; and
 That the principal defendant and co-defendant be summonsed into court.
NOTE: As a matter of practice in City of Lynchburg, a bond is required by the
Clerk of Court before the attachment order/summons is issued and an
endorsement to the effect that a bond has been executed and is in the hands of
the court.

5. Subpoena Duces Tecum

In many court cases, documentary evidence is needed as well as the testimony of


an individual witness. When such evidence is needed, a subpoena is issued to
summons the person holding the documents, records, or books into court to
present the documents for court examination and to testify with respect thereto.
This type of summons is called a “Subpoena Duces Tecum.” It is served in
accordance with the rules, which apply to service to a witness and, since it is
usually served at a place of business, it is served there either to the individual
named or his/her supervisor.

6. Summons for Unlawful Detainer (SEE: RENT ACTIONS)

E. CIRCUIT COURT ACTIONS

1. General

The Circuit Courts of Virginia are established under the Constitution of


Virginia. The state presently has thirty-one Judicial Circuit Courts authorized.
Each of these courts of record has jurisdiction in one or more counties or cities
of the state. The Twenty-Fourth Circuit Court of Virginia has jurisdiction in the
City of Lynchburg,

The types of cases heard in circuit court fall into three principal categories: law,
chancery, and criminal. All three can be cases that either originate in circuit
court or have been appealed from the combined district court. Under the
heading of law cases are motions for judgment, negligence suits, and money
suits. Under the heading of chancery fall adoptions, divorces, separations,
specific performance suits, and mechanics liens on real property and personal
property. Criminal actions consist of cases referred by the Grand Jury from
district court preliminary hearings, indictments presented to the Grand Jury by
2-11.12
the Commonwealth’s Attorney, and other criminal cases, either misdemeanors
or felonies where the defendant has appealed the district court decision or
requests a trial by jury. All jury cases, whether law or criminal, are heard in
circuit court. Chancery cases are decided by a judge, never a jury, unless a
specific issue or performance is involved. As a matter of practice, juries are
seldom used for specific performance suits, possibly because the judge has the
authority to override the jury verdict if he/she so chooses. The essential
difference between law and chancery cases is that in a law case the court has no
equitable powers; he/she administers justice according to the rules of common
law, whereas under chancery the court applies the principles of chancery law
and follows the procedures of equity.
The option to file a suit in one or the other rests with the plaintiff or his/her
attorney and, once initiated, cannot be changed unless the selection is obviously
wrong, in which event the judge can make the change.

2. The two most commonly used processes for circuit court actions are:

a. Notice of Motion for Judgment; and


b. Subpoena in Chancery.

The first will have a law case number and the second will have a chancery
number.

Affixed to each action, as a separate piece of paper, will be a “Proof of Service”


form on which the return is made by the deputy sheriff making the service.
The “Notice of Motion for Judgment” will have attached to it a statement or
affidavit which sets forth the specifics of the motion for judgment by the
plaintiff, and the “Subpoena in Chancery” will have attached to it a “Bill of
Complaint” which contains the details of the complaint (usually an action
involving a pendente lite, divorce, or separation) being made by the
complainant. A “Subpoena in Chancery” is in the nature of a summons to a
defendant rather than a witness summons. It requires the person named to
appear before the court to answer the complaint of the petitioner or to show
cause why he/she should not be required to give the relief demanded.

3. Petitions

A petition is an application in writing to the court stating the circumstances upon


which it is founded and requesting an order of the court or such other relief as is
desired by the petitioner. Petitions are cases in chancery and often involve
adoptions. “Petitions” are actions taken under chancery as distinguished from
“motions” which usually refer to actions taken under law.

4. Confession of Judgment

This is an action where the defendant or debtor acknowledges in writing before


the Clerk of Court (or any other person authorized to do so) that he/she is
indebted to a certain creditor and confesses a judgment for so much principal
2-11.13
and interest as the plaintiff is willing to accept. Upon such confession, the Clerk
of Court enters the date and time of day of the confession where such judgment
is entered in the records. A judgment by confession has almost all the weight of
a judgment granted by the court itself and save considerable time of the court
and the parties involved.

A defendant confessing judgment is esteemed, in the absence of fraud, to


question its validity on account of irregularities to which he/she did not object,
or to dispute any facts set forth in the confession and, if after entry of the
judgment, he/she ratifies it or accepts it, he/she is further stopped from denying
the authority on which it was confessed. It can be seen, therefore, that service
on a copy of the confession of judgment to the defendant serves the purpose of
accomplishing the ratification or acceptance, which makes the confession of
judgment more binding. Confession of judgment actions in the City of
Lynchburg are taken only by the Clerk of the Circuit Court and are usually
based upon default on a promissory note.

5. Mechanics Lien

This is a statutory lien of a contractor, subcontractor, laborer, or materialman


who has performed labor or furnished material of the value of $50.00 or more
for construction, repair, improvement, or removal of any building or structure
affixed to real property with the consent of, or at the request of, the owner. The
lien attaches to the building upon which the labor or material was provided. A
mechanics lien can also apply to repairs performed on personal property, such as
a vehicle or appliance.

In order to be effective, a mechanics lien on real property has to be recorded


before the expiration of sixty (60) days from the time the structure is completed
or the work thereon terminated; suit to enforce this lien must be brought before
the expiration of six (6) months from the time the lien was recorded. Petitions
may be made to the appropriate court for sale of the property and, if on hearing
the case, the court is satisfied that property should be sold to pay the debt, a
court order is issued authorizing the Sheriff to sell the property and dispose of
the proceeds in the same manner as if the sale were made under a writ of fieri
facias. Before making the sale, petitioner shall advertise the time, place, and
terms thereof and give owner notice by service as prescribed under Virginia
code or, if the owner is a non-resident or if owner’s address is unknown, it may
be served by posting a copy of the sale notice in three public places in the city
wherein the property is located. If such property is a motor vehicle registered in
Virginia, the Commissioner of the Division of Motor Vehicles should be
requested to advise if there are any liens thereon; if so, the lien holder must be
notified by certified mail at the address given in the title certificate of the time
and place of the properly sale ten (10) days prior thereto.

F. RENT ACTIONS

1. Eviction (Five-Day Notice, Summons for Unlawful Detainer, Writ of Possession)


2-11.14
A large percentage of the papers served by the deputy sheriff in urban and
suburban areas involve legal actions stemming from lease and rental situations
usually due to default in rental payments, but sometimes based on the tenant being
destructive, obnoxious or otherwise in violation of the terms of the lease or rental
agreement, or simply that the owner desires the property for his/her own use.

The first action in the process is the serving of a Five-Day Notice to the tenant (if
tenant is in arrears in rent) or a Thirty-Day Notice (if tenant rents on a monthly
basis and the landlord desires to evict the tenant for reasons other than
delinquency). The five-day notice consists of a statement to the effect that if the
rent is not paid within five days from the date of service, action will be taken for
possession of the apartment or residence occupied by the tenant. The five or
thirty-day notice is normally served in the city of Lynchburg by the property
owner or owner’s agent or attorney (it does not go through the Clerk of Court);
nevertheless, it is a legal requirement that the five (or thirty) day notice be served
before the next step leading to eviction can be taken.

The next step which is taken after elapse of the five (or thirty) day notice time is
the securing of a Summons for Unlawful Detainer by the plaintiff. This detainer
is obtained by the plaintiff from the Clerk of Court upon filing of an affidavit and
presentation of the proof of service of the five (or thirty) day notice. The
summons for unlawful detainer is then sent to the Sheriff for service to the
defendant. This warrant summons the defendant to appear in District Civil Court
on a certain date to answer the complaint that said defendant (tenant) is, in effect,
in unlawful possession of the specified apartment or premises and detains the
owner from possession thereof. At the bottom of the unlawful detainer is
appropriate wording for the judgment action, which grants the plaintiff authority
to recover possession of the premises involved and may also include a money
judgment. Usually the defendant does not appear in court to contest the action
and the judgment is granted the plaintiff by default.

Judgment in favor of the plaintiff leads to the third and final step; i.e., the
eviction. This is brought about by a Writ of Possession secured by the plaintiff
from the Clerk of Court ten (10) days after judgment on the unlawful detainer.
The court holds these papers in order to give the defendant ten (10) days in which
to perfect an appeal. When the writ is received in the Sheriff’s Office, the
original is retained by the deputy sheriff as authority for the action and upon
which to make a return when the eviction is completed. The writ is served to the
defendant in person, or by substituted service or by posting. This notice is made
out by the Administrative Staff Specialist to show the name and address of the
defendant, and the date and time the premises must be vacated (minimum of
seventy-two (72) hours as required by law).

The deputy sheriff’s action on the Writ of Possession is as follows:

Fill out the eviction notice to the tenant after coordinating with owner or manager
of premises. Make sure owner/manager understands it is their responsibility--not
that of the Sheriff--to move the defendant’s furniture and personal property out of
2-11.15
and off the premises (if the defendant has not done so voluntarily by the time set
for eviction). The furniture and personal property of the defendant have to be
moved to the nearest public right-of-way. The defendant will be given a
minimum of seventy-two (72) hours notice prior to the eviction in order to make
arrangements to move voluntarily. If the defendants move out before being
physically evicted, the eviction action is considered no effects and the writ of
possession noted accordingly. In the event of inclement weather, or overriding
factors at the scheduled time for the eviction, it is the practice of the Sheriff’s
Office to postpone the eviction until, such time as the eviction can be carried out,
as long as there remains time to act upon the writ (see attached Code 55.237.1 for
lockout procedures).

If the deputy sheriff is informed that a subject of an eviction has a warrant for
his/her arrest and the subject is either on the scene or expected to come to the
scene, the deputy sheriff will take the following actions:

a. Verify the existence of the warrant with either LynCom or the Lynchburg
Police Department complaint desk:

b. If the warrant is confirmed and the subject is on the scene request a


Lynchburg Police Department officer to come to the scene to execute the
warrant:

c. If the Lynchburg Police Department does not have an available officer to


come to the scene, the Lynchburg Sheriff's Office deputy will execute the
warrant.

2. Mobile Home Evictions

Upon receipt of a court-ordered Writ of Possession involving a mobile home,


the deputy shall:

a. Give Notice:

1. Serve a copy of the Writ of Possession and give written notice of


eviction (not less than seventy-two (72) hours) to the mobile home
occupants.

2. Notify the landlord/lot owner of the date and time of the scheduled
eviction.

3. Notify the lien-holder (if known) of the impending eviction status.

4. Notify the landlord/lot owner of available options:

(a) The mobile home can be stored on the existing lot for ninety (90)
days; or

2-11.16
(b) The mobile home can be moved to an unimproved lot of the same
mobile home park at the owner’s expense.

b. Eviction Execution:

1. If the mobile home has been removed or is in the process of being


removed by the owner, the deputy may extend the allotted time
necessary to complete the removal and then give possession of the lot
to the lot owner. The executed Writ of Possession is then returned to
court.

2. If the mobile home has not been removed by its owner at the end of
seventy-two-hours the deputy shall evict any occupant(s) and
possession of the lot is then given to the landlord/lot owner, who then
chooses option (a) or (b) for the ninety-day storage of the mobile home.
The executed Writ of Possession is returned to court.

3. Warrant of Distress

In addition to the Writ of Possession (eviction) action, the plaintiff has another
remedy when rent is past due and that is to obtain a Warrant of Distress. This
kind of warrant provides authority for the Sheriff to levy on the goods and
chattels of the delinquent tenants and subsequently to sell the property levied
upon in an effort to make the amount of money, plus costs, set forth in the
warrant. It is an action which is taken only when rent is past due under a
contract and is in the nature of an attachment (before judgment) on the personal
property of the lessee, his/her assignee, or subtenant, found on the premises
under lease, or any other location if the property has not been removed from the
said premises more than thirty (30) days.

The first part of the warrant is the affidavit that establishes the basis for the
action to be taken by the Sheriff. The language used requires the Sheriff to
DISTRAIN, etc. Distrain, by definition, means to “levy a distress,” and distress
means to “seize or detain.” Lynchburg City rarely seizes under Warrant of
Distress. However, the action is initiated, under statutory authority, at the
District Court level but is returnable in the Circuit Court. The plaintiff cannot
ask for a sale of the goods levied upon until ten (10) days after the levy is made,
during which period the defendant or debtor can contest the action in the Circuit
Court. Also, prior to the sale-taking place, the plaintiff has to post a surety bond
in an amount equal to the value of the property; such bond to be provided to the
Sheriff. The distress levy is usually uncontested but does serve to pressure the
defendant into paying the back rent, thereby making a sale unnecessary. If a
sale is directed, however, it is made under a Writ of Venditioni Exponas (expose
to sale) and, as indicated, must be accompanied by the indemnifying bond.
After the Writ of Venditioni Exponas is issued by the Clerk of the Circuit Court
(and the sale notice is posted), another ten (10) days must elapse before a sale
can be held.

2-11.17
Instructions of Service: The distress warrant is received in the Sheriff’s Office
in one original and two copies. One copy is kept in file; the other copy, together
with a copy of the levy sheet, is left at the premises of the defendant. The usual
levy sheet form is used. This form shows the date, time, and place of the levy
and is signed by the deputy sheriff making the levy. The original of the distress
warrant, together with the original of the levy sheet, is returned to the Circuit
Court.

G. LEVIES, SEIZURES, AND SALES

Two basic kinds of levies/seizures and sales are customarily acted upon in the
Sheriff’s Office. One kind of levy and sale has been covered above under rent
actions; namely, the action taken under a distress warrant and the venditioni exponas
type of sale made as a result of the distress levy. Both the distress warrant levy and a
levy made as directed in an attachment before judgment (see Section A above) are
actions taken initially without a judge hearing a case. A seizure of the property,
however, made under a distress levy is affected only after the prescribed time of
appeal of the distress levy has elapsed.

The other main category of levy, seizure, and sale is that which results from a
judgment and which is referred to generally as an execution. An execution is the
judicial process, which enforces or carries out a judgment or decree.

The two main types of executions are: (1) a writ of fieri facias (fi-fa), which is the
means to enforce a money judgment by levy and sale of the property of the
defendant; and (2) the writ of possession, which enables the plaintiff to obtain
possession of specific property, such as an apartment or residence, by evicting the
occupant thereof (covered under Rental Actions), or a writ of possession action
(detinue) taken after judgment under a conditional sales contract to recover specific
articles of personal property in possession of the judgment debtor. In this case, the
defendant has the option of retaining the specific property or paying the amount of
the judgment. The type of levy, seizure, and sale covered in the balance of this
section will be restricted to executions carried out under a fi-fa. In considering the
relationship between a fi-fa and a levy carried out under a fi-fa, the following points
are relevant:

1. A lien on the personal estate of the judgment debtor is established dating


from the exact time that the writ of fi-fa is received in the Sheriff’s Office
for execution and is endorsed with year, month, day, and time of day the
writ is received. This procedure is followed so that the Sheriff’s Office can
control the priority on levies when more than one is received for execution
against the same individual.

2. This lien covers leviable property as well as non-leviable property, such as


bonds, notes, stocks, etc., which the judgment debtor has or may acquire
“on or before the return date of such writ,” except such property as is
exempt under provisions of Title 34. The lien extends only to non-leviable
2-11.18
property located within the Commonwealth and leviable property within the
Sheriff’s bailiwick.

3. In Virginia the fi-fa is returnable ninety-(90)-days after its issuance in


district court, and on term day in Circuit Court (sixty days). A lien on
tangible property automatically ceases if an actual levy has not been made
on or before the return date.

4. The lien acquired by placing a writ of fi-fa in the hands of the Sheriff is so
imperfect in nature and unspecific as to the goods of the debtor that an
actual levy is always advisable for establishment of a solid lien and security
for the debt. The levy, in effect, specifies the goods and chattels levied upon
and is necessary as a basis for advertising the property and selling it (within
six (6) months after execution).

5. A levy can be made only upon specific tangible property. Actual seizure of
the property recovered is not necessary if the deputy has the property in
his/her view and power to seize it if he/she so chooses, and notes on his/her
writ the facts of the levy.

Specific points to keep in mind in effecting a levy under a fi-fa are as


follows:

a. After receipt and endorsement of the fi-fa in the Sheriff’s Office, the
actual levy is the next step necessary before a sale can be made.

b. Although the fi-fa authorizes seizure of property, the practice in


Virginia has been on the premises of the debtor until the day of sale in
order to save expenses. However the Sheriffs office will seize and store
property off premises at the request of the plaintiff. It is usually stored
at the property of the auctioneer.

c. A valid levy can be made on household goods in the owner’s absence;


no formal notice is necessary. It is the practice in the City of
Lynchburg however, to leave a copy of the levy sheet with or on (one
of) the items levied upon.

d. In making a levy, the Sheriff is acting as agent for the plaintiff. The
plaintiff or his/her attorney has authority to control the execution and to
say whether the levy should be modified or canceled. (The plaintiff
retains the right to sue out a new execution.)

e. A deputy making the levy may, if need be, break open (or cause to be
opened by a locksmith) the outer doors of a dwelling house in the
daytime after first having demanded admittance of the occupant and
may also levy on property in the personal possession of the debtor if the
same be open to observation. The practice in the City of Lynchburg is
to first check to insure that the defendant does live at the address. The
2-11.19
deputy should then check with neighbors, mailman, paperboy, etc., to
determine whether defendant is: (1) on vacation; (2) in the hospital; (3)
in jail. Only as a last resort should entry be forced to complete a levy,
and then only after the deputy’s supervisor has been notified and
briefed.

f. Levy on any personal property in the possession of the defendant,


regardless of his/her claim that it does not belong to him/her, etc. The
claimant (or third party involved) has a right to claim ownership by
filing the necessary affidavit with the Clerk of court (8-266, 8-227).

g. When listing property, IDENTIFY it--use make, model, serial number,


etc. If none of these are available, some definite description should be
used so that, if necessary, it can be identified at a later date.

h. Levy on property that would be equal in value to the amount claimed in


the warrant. Place a fair market value on items and bear in mind not to
over-levy (unless circumstances alter the above, such as property that
has been abandoned, and it is necessary to attach all property in order
to dispose of it).

i. If the plaintiff requests seizure of the property prior to sale (sometimes


desirable as in the case of mobile vehicles), a bond is provided the
Sheriff by the plaintiff for an amount equal to the value of the vehicle.
Identification, including license number and registration information, is
also furnished by the plaintiff. The vehicle or property is moved at the
plaintiff’s expense to an area of safe storage pending the sale.

j. When the execution is in favor of the Commonwealth, a levy can be


made on realty, but normally a levy is made only on personality. It is
still necessary, however, to attempt to satisfy the debt out of the
personal property before selling the realty.

k. Property and articles exempt from a levy made under a fi-fa are set
forth in Virginia Code 34-26 and 34-27. The articles most commonly
found and which are exempt include the following: necessary wearing
apparel of the debtor and his/her family; sufficient bed, bedding, tables,
and chairs needed for the size of the family; plus a refrigerator, washing
machine, cooking utensils, one sewing machine and, in the case of a
mechanic, tools of his/her trade. A detailed list, as set forth in 34-26-
and 34-27, is provided each deputy making levies. In addition, each
householder has a basic exemption of property, either realty or
personality, not exceeding five thousand dollars as provided in 34-4.
This householder’s exemption is usually waived at the time the debtor
signs or executes a promissory note or other obligation of indebtedness.

l. A levy cannot be made on intangible personal property, but a lien


attaches to it by court order within a year after the return date of the
2-11.20
execution. The lien in this case continues as long as judgment can be
enforced and it does not matter whether the return date of the writ has
passed or not.

m. Personal property belonging to a wife may not be levied upon under an


execution for the debt of her husband. (For example, if ownership of
an automobile is registered in both husband and wife names, a levy
based on a judgment against the husband cannot be made on the wife’s
interest in the automobile. It can be made against the husband’s
interest, however, and at the sale advertised specifically as applying to
the husband’s interest only.)

Such a sale would not appeal to the average buyer, but the plaintiff may
wish to buy the husband’s interest at the time of sale or the wife may
wish to purchase her husband’s interest and thereby obtain full title to
the vehicle. If the plaintiff buys the husband’s interest, the plaintiff
would need to take the case to court for a determination of the
respective interests and obtain a court ruling for settlement of the suit
(55-35).

n. At the time the levy is made the deputy making the levy estimates the
value of the property levied upon and makes a notation on the levy
sheet on the amount of the indemnifying bond required. The amount of
the bond is set at the estimated value of the property in the case of a fi-
fa (or a warrant of distress). In the City of Lynchburg this bond is
usually not required unless the property is to be seized and sold.

o. One exception to be noted to the general rule that a levy can only be
made on specific tangible property is that a levy on shares of stock is
valid provided the shares are actually seized by the deputy executing
the writ and are surrendered to the corporation, or their transfer by the
debtor is enjoined (13.1-413).

p. Real estate cannot be levied upon and sold under an execution;


however, if the judgment on which the execution issues is a lien on real
estate, the lien can be enforced after all personal property of the debtor
has been exhausted. This lien is enforced as a fill of equity. The
chancery court can order the amount of the judgment unless such rents
and profits will not satisfy the judgment within five (5) years, in which
case the court may direct the property sold (8-764).

q. A levy cannot be made on the contents of a locked safe deposit box


since the contents are not within view or power of a seizure (unless the
renter opens it voluntarily); however, in any case where a bank or trust
company having for rent safe deposit boxes, is served with a notice of a
lien of fi-fa or a summons in garnishment in which a renter or lessee of
a safe deposit box is named defendant or judgment debtor, it shall be
the duty of such bank or trust company to deny such renter or lessee
2-11.21
access to the safe deposit box rented or leased in the name of the
defendant or judgment debtor, unless otherwise directed by a court of
competent jurisdiction or by the judgment creditor (6.1-333).

6. Sales

The sale is the final action taken under a writ of fi-fa. The following
considerations apply to such actions.
a. Only property subject to levy and which has been levied upon can be
sold.

b. It is required that notices of the time and place of the sale be posted at
least ten (10) days prior to the day of the sale.

c. The notice of sale is posted at some place near the residence of the
owner, if he/she resides in the city, and at two other public places in the
city.

d. If the property is expensive to keep or perishable, the court or authority


issuing the fi-fa can order that the sale be made without waiting for the
ten day period to elapse.

e. At the time and place so established, the property shall be sold to the
highest bidder, for cash, as may be necessary to make the amount of the
fi-fa. When property remains unsold because of no bidders or because
of an insufficient bid, the sale may be postponed and the property again
advertised, stating the fact of no bidders or of insufficient bid, and that
the property will be sold peremptory under a writ of venditioni exponas
(8-418).

f. No Sheriff, Sergeant, City or Town Constable or High Constable, or


any deputy of such office, or city employee shall directly or indirectly
purchase effects sold under a writ by such officer or deputy.

g. No such officer or deputy shall act as auctioneer, except when selling


under a writ, unless he/she first obtains a license to conduct the
business of an auctioneer or common crier (8-428).

h. The deputy must collect for each item sold even if the plaintiff buys it
and wants to pay only costs.

i. As each item is sold, list the buyer, amount and item number on the
copy of sale notice. If the number of items for sale is extensive, it is
advisable for the deputy making the sale to have clerical assistance in
marking the items for identification, keeping track of the buyers and
selling prices, collecting the cash and giving receipts for same to the
buyers.

2-11.22
j. The day before the sale it is wise to check with the plaintiff to make
sure there has been no settlement and that the plaintiff or his/her
attorney will be present at the sale.

k. It is the practice of the Lynchburg City Sheriff’s Office that prior to the
sale, the plaintiff or his attorney take the following actions:

1. Obtain a Sheriff’s Indemnifying Bond (unless sale is ordered by


the court).

2. Provide the Sheriff with a written statement advising whether or


not liens exist on items to be sold, a letter or teletype from the
Department of Motor Vehicles regarding any liens on vehicles.
The plaintiff also submits an itemized list of court costs, bond
premium, and total amount required to settle the claim.

l. When there is not time on the date appointed for the sale to complete
same, the sale may be adjourned from day to day until completed.

m. Each sale is made on an “as is” basis with no warranties implied as to


the quality or soundness of the goods sold. If an item has a lien on it,
however, it is sold subject to the lien as advised by the auctioneer
(based on information supplied by plaintiff). If the sale price is not in
excess of the lien (plus costs), no sale should be made.

n. In each sale scheduled, a sale folder is prepared in which background


papers are kept. A sale checklist is maintained in this folder to insure
that the required steps are taken prior to the sale. In addition, copies of
the levy and the sale notice are filed in the folder. The procedure as
described above is set forth. At the actual sale, the sale is started by
reading the sale notice, which, subsequent to the levy, will have been
adjusted or noted, if necessary, to reflect liens or other information
supplied by the plaintiff.

o. If property which has been levied upon is also to be seized preceding


the sale thereof, the owner may retain possession of such property until
the date of sale provided he/she gives the Sheriff a bond with sufficient
surety payable to the creditor which states the property shall be
forthcoming at the day and place of sale. The bond would specifically
state the amount due, including the officer’s fee for taking the bond,
commissions, and other lawful charges, if any, and that service of the
writ has been made. The law relating to forthcoming bonds was passed
for the benefit of the owner of the goods taken, to enable him/her at
his/her own risk to retain possession and use of the goods and to avoid
the expense of their safekeeping until the day of sale (8-450).

2-11.23
G. MISCELLANEOUS

1. Tax Notices and Levies

The most frequent type of tax notices handled in the Lynchburg City
Sheriff's Office are those issued by the Treasurer for the City of Lynchburg
for delinquent taxes. These notices, lien and demands, levies, and distress
warrants are issued by the Treasurer and are returnable directly to the
Treasurer.

The tax notices issued by the Department of Taxation of the


Commonwealth of Virginia for delinquent payment of state income taxes.
This notice takes the form of a notice of motion for judgment. Although
these notices are issued from Richmond, they are returnable to the local
court having jurisdiction over civil matters. On the date the case is to be
heard, a representative of the delinquent tax section of Richmond is present
in court to represent the Commonwealth. Most cases are uncontested and
judgment by default is granted. If a defendant wishes to contest the validity
of the assessment, he/she should advise Richmond and appear in court on
the date set. Service is made in accordance with rules for service to
defendants. If the defendant has questions at the time of service, his/her
attention should be invited to the “Instructions to Defendants” which are
printed on the notice itself. Assuming a judgment is granted by the court,
the Commonwealth can proceed to command the Sheriff to make a levy
upon both real and personal property of the defendant. The levy in this
event is made against the personal property unless it is otherwise indicated
by the Commonwealth.

Another frequent form of action taken by the Commonwealth concerns


failure to pay unemployment compensation taxes assessed by the Virginia
Employment Commission. These actions, which are received by mail
directly from Richmond, take the form of a command to levy upon and sell
the real and personal property of the defendant. They are returnable to the
Virginia Employment Commission in Richmond through the Clerk of the
Circuit Court.

2. Lock-Out Assistance to Department of Taxation

The Lynchburg Sheriff’s Office as directed by the sheriff will render


assistance to the Commonwealth of Virginia Department of Taxation in the
“Lock-Out” of any business located within the City of Lynchburg. The
Sheriff’s Office will perform the following assistance once the verbal or
written request is received for the Department of Taxation and provide the
following:

a. A memo with the “lock out” address and pertinent information with
contact numbers and names of the personnel who are performing the
lock out from the Department of Taxation.
2-11.24
b. Two uniformed deputies will be assigned by the Chief Deputy to the
Department of Taxation personnel at the date and time the “lock-out”
was set and posted on the business by them.

c. The deputies will remain on scene until the “lock-out” is accomplished


and assist with any problems or concerns that may arise.
d. The deputies will document the incident on the back of the memo from
the Chief Deputy as a record of satisfying the request from the
Department of Taxation. However, if any problems arise or arrests are
made proper reporting forms and procedures would be followed
according to G. O. policy.

This policy supersedes all previous administrative directives.

2-11.25
2-11.26
2-11.27
Number: Page:
GENERAL ORDER 2-13 1 of 2
Subject: Effective Date: Revised Date:
CULTURAL DIVERSITY 6/5/2006; 3/12/2015 01/01/2023
AND BIAS
Reference: VLEPSC STANDARDS

ADM.02.05
_________________________
Donald T. Sloan, Sheriff

I. POLICY

It shall be the policy of this office to respect the constitutional rights,


human dignity and privileges of all persons regardless of race, sex,
ethnicity or creed. Enforcement of laws or any professional practices shall
be accomplished in accordance with standards of training as approved by
the Sheriff. Bias based enforcement (or policing), or any form of practice
that finds its base in prejudice is expressly prohibited.
A founded violation of this policy shall be grounds for disciplinary action
with the potential for termination of employment.

II. PURPOSE

The purpose of this policy is to prevent the manifestation of bias, as much


as humanly practicable, in the professional environment of law
enforcement.
The policy shall be applicable to all employees of the Lynchburg City
Sheriff’s Office.

III. DEFINITIONS

A. “Bias-based policing” – stopping, detaining, searching or


attempting to search or using force against a person based upon their
race, sex, ethnicity or creed in violation of constitutional safeguards.

IV. PROCEDURE

A. General Guidelines

1. It is recognized that within the discharge of duties on a daily


basis that employees of the sheriff’s office will come into

GO 2-13
Cultural Diversity and Bias
1
Revised: 01/01/2023
contact with a variety of persons representing different
cultures, backgrounds, appearances and philosophies.
Regardless of differences we all are human beings and as
such we must carefully order our behavior so not to
intimidate, insult, or mistreat any person.
2. At all times, sheriff’s office employees shall conduct
themselves as humble servants of the people of the
Commonwealth of Virginia and the City of Lynchburg. Any
form or manifestation of bias or bias-based policing is
condemned and thereby prohibited.

B. Training

1 Upon employment, the newly sworn deputy shall be provided


with instruction through academy training or in-house
training, as applicable, relating to the issues of cultural
diversity, courtesy and interpersonal skills of communication.
2. On-line training regarding “Bias-based Policing” and/or
Cultural Diversity will be made available to all sworn
personnel. It will be mandatory for all sworn personnel to
complete this training, at a minimum of once every two years
or in accordance with DCJS guidelines and/or the Code of
Virginia, if revised, and to comply with this training.
4. Upon completion of this on-line training or re-training each
deputy shall submit a training completion form or certificate
documenting his or her successful completion of the training.
The copy will be given to the Chief Deputy.

C. Disciplinary Implications

1. All complaints of bias-based policing shall be thoroughly


investigated through the established internal affairs function
of the Sheriff’s Office.
2. Founded complaints shall result in the imposition of
disciplinary action against the violating employee. At his
discretion, the Sheriff may choose to terminate the
employment of the violator.

This policy supersedes all previous administrative directives.

GO 2-13
Cultural Diversity and Bias
2
Revised: 01/01/2023
Number: Page:
WRITTEN DIRECTIVE 2-14 1 of 6
Subject: Effective Date: Revised Date:
8/2/2006 8/15/07
9/7/10, 10/1/2010, 11-12-
2014 6/30/15
Reviewed by
FISCAL MANAGEMENT Supersedes/ DTS
Amends:
Reference: VLEPSC STANDARDS
ADM.15.01 - .04
_________________________
Ronald L. Gillispie, Sheriff

I. POLICY

It shall be the policy of the Lynchburg City Sheriff’s Office to conduct all
financial practices in accordance with established regulations as provided for by
the Auditor of Public Accounts of the Commonwealth of Virginia. Purchasing of
equipment and supplies for the Sheriff’s Office shall follow guidelines established
under the City of Lynchburg Purchasing Policy and Procedures Manual.

An accounting system will be maintained to provide for the orderly and efficient
management of the various accounts, which support operations of the Sheriff’s
Office. An inventory shall be conducted at least twice annually to insure the
operational readiness of stored equipment.

Capital assets of the agency shall be defined as any item having a value of five
thousand dollars ($5000.00) or more or any firearm in the possession of the
Sheriff’s Office. An inventory of all Sheriff’s Office Capital Assets shall be
conducted on an annual basis.

II. PURPOSE

To establish and identify the fiscal management practices of the Lynchburg City
Sheriff’s Office as well as to provide for the maintenance of inventories of
equipment and capital assets of the agency.

III. PROCEDURE

A. General Practices

1. The City of Lynchburg Purchasing Policy and Procedures Manual


shall govern all transactions, apart from the Procurement Card policy,
in the category of purchasing, requisitioning, bidding, emergency
purchasing, rental agreements, supplemental or emergency
appropriations, fund transfers, maintenance contracts and service
agreements.

2-14.1
2. The City of Lynchburg Procurement Card policy document shall
govern the majority of standardized purchases for the daily operations
of the Sheriffs Office. However, the Maximum Transaction
Limitation and Spending Amount of $2,500.00 can be adjusted based
upon the needs of the office and approval by the Sheriff in writing to
the Purchasing Office. All other expenditure will be acquired through
the City of Lynchburg Purchase Order System.

3. The Office Manager and/or Secretary shall be directed to ensure that


all entries are made into the accounting system in a timely fashion.
This shall include records of credit card usage, city purchase orders
and maintenance of the receipt book and check book.

B. Handling of Cash Receipts

1. Sheriff’s Office employees are authorized to receive the following


funds:

a. Distress Warrant for the Collection of Taxes;

b. Writs of Fieri Facias;

c. Proceeds from a Sheriff’s Sale.

d. Any fees collected for the service of civil process.

2. Upon receipt of cash or check funds, the employee shall provide the
appropriate receipt. As soon as practicable, the total sum of any
monies received or collected will be relinquished to the Office
Manager or Secretary for handling and then deposited into the
Sheriff’s Office Account (checkbook). The checkbook shall reflect
initial balance, credits, debits, and the balance on hand.

3. The Office Manager or Secretary shall be responsible for preparing


deposits of cash and check funds on a weekly basis, and earlier as
needed if balance of cash exceeds $200.00.

4. Similarly, the Office Manager or Secretary shall be tasked with


preparing the disbursement of funds collected through civil actions to
the Lynchburg Treasurers Office and or plaintiffs gaining the
authorizing signature of the Sheriff or Chief Deputy.

5. The Sheriff’s Office does not maintain or utilize a petty cash fund.

2-14.2
C. Expenditures

1. All routine (day to day) expenditures shall be accomplished through


the City of Lynchburg Purchasing Credit Card system. Routine
expenditures shall include but are not limited to official travel
expenses, uniforms, equipment and supplies for the Sheriff’s Office or
any operation thereof, etc. Any other expenditure shall be
accomplished through the City of Lynchburg Purchase Order System.

2. Receipts issued when utilizing the city purchasing credit card shall be
turned in to the Office Manager or Secretary for documentation and
accounting purposes.

D. Accounting

1. The Office Manager or Secretary shall effect the reconciliation of the


checkbook on a daily basis, if needed. All other postings such as
proceeds from fees and commissions shall be accomplished on a
weekly basis and said proceeds relinquished to the Treasurer of the
City of Lynchburg as required by Code of VA.

2. Accounting records shall be maintained at the Office Manager’s


assigned workstation. An accounting of all agency cash activities shall
be done on a monthly basis. A monthly review/balancing of these
records shall be accomplished by a supervisor that does not have any
control over the funds.

3. The New World Logos computerized budget accounting system is


utilized in the preparation and deployment of a fiscal year budget which
is documented and tracked by each transaction made against a specific
line item code within that budget. In addition a bimonthly accounting
report of all transactions encumbered against specific line items
involving and affecting operations, noting an available balance, is
prepared. The Office Manager or her designee prepares this report
(utilizing the bimonthly activity of the Procurement Card System
transactions and submitted Requisitions and internal transfers
encumbered against specific line items) for the Chief Deputy’s review.

This report will show the tracked status, at least monthly, of each line
item account as follows:

a. Initial appropriation for each account or program.

b. Balance at the commencement of the monthly period.

c. Expenditures and encumbrances made during the period.

2-14.3
d. Unencumbered balance.

3. An annual independent audit of agency fiscal activities shall be


conducted by the Commonwealth of Virginia Auditor of Public
Accounts.

4. The Sheriff’s Office does not maintain or operate a petty cash fund.

5. The Sheriff’s Office does not maintain or utilize a drug fund.

6. The Sheriff’s Office does not maintain or utilize a witness protection


fund.

E. Lynchburg Project Lifesaver, Inc., Account

1. The Community Services Coordinator/Sergeant or designee appointed


by the Sheriff shall be in charge of this account reporting to the Chief
Deputy and also effects the reconciliation of the checkbook as needed
upon collection of receipts and expenditures.

2. Upon receipt of cash or check funds, the coordinator shall provide


appropriate receipt. All receipts for cash received will be noted as
“cash” on all receipts. As soon as practical, the total sum of all
monies received or collected will be deposited into the Project
Lifesaver bank account. The checkbook shall reflect initial balance,
credits, debits and balance on hand.

3. The monthly bank statement will be reviewed/balanced by at a


minimum the Captain (or other supervisor with no control over the
account/funds) with initials showing approval and date. The Captain
does not have any control over monies in this account.

4. Purchases over $500.00 must be approved by the Sheriff. The


coordinator generates a request concerning the expenditure over
$500.00 and sends it to the Chief Deputy. The Chief Deputy obtains
approval by the Sheriff and then will write the appropriate check.
The Sheriff does not write/sign checks from the Project Lifesaver
account. Cash disbursements from the Lynchburg Project Lifesaver,
Inc Account are not authorized or permitted.

5. The Coordinator shall file a quarterly report of all activity regarding


this account and submit report to both the Captain and the Chief
Deputy for review and approval. The Captain does not have any
control over monies in this account. Original approved copies of this
report will be maintained in the coordinators office for immediate
access.

6. All fund raisers conducted for Lynchburg Project Lifesaver will be


handled in accordance with standard accounting procedures. All funds

2-14.4
cash/check/gift cards/ will be identified upon receipt. All in-kind
donations will be identified by gift or service. The current fundraisers
utilized but not limited to are:

a. Second Chance Prom

b. Golf Tournament

c. Future raffles

7. An outside accounting firm will be utilized to file tax forms to the IRS
when the Lynchburg Project Lifesaver account exceeds $50,000.00 in
any monies received within a calendar year before expenses.

8. The Chief Deputy is the “back-up” coordinator over this account for
emergency purposes only.

F. Payroll

1. The Office Manager or Secretary shall be directed to ensure that all


City and State payroll entries are made in the appropriate payroll
system.

a. State Payroll is entered once a month

b. City Payroll is entered bi-weekly.

2. All records shall be maintained at the Office Manager’s and Secretary


workstation.

3. Payroll reports will be done by the Office Manager or Secretary


according to Compensation Board Standards for State Payroll and City
Standards for City Payroll. Payroll reports to the Sheriff will cover the
following areas and are reviewed and approved by the Major and
Chief Deputy.

a. Part-time employees

b. City Events

c. Temporary Detention Orders

d. Inmate Crew Program

e. Extraditions

2-14.5
G. Sheriff’s Office Property

1 Equipment utilized in daily operations of the Sheriff’s Office shall be


maintained in a state of operational readiness or otherwise maintained
in accordance with manufacturer’s guidelines.

a. Deputies shall be responsible for maintaining any and all


items of equipment issued to them. Inspections of the condition
and function of such items may be held at any time, announced or
unannounced.

2. Stored property of the Sheriff’s Office shall be inspected at least twice


annually to ensure operational function and readiness.

3. Capital assets belonging to the Sheriff’s Office shall be defined as:

a. Items having a value of five thousand dollars ($5,000.00) or more,


or,

b. Any firearm regardless of value.

c. Capital Assets inventories will be conducted at least annually to


ensure functional fitness for service.

This policy supersedes all previous administrative directives.

2-14.6
2-14.7
Number: Page:
GENERAL ORDER 2-15 1 of 14
Subject: Effective Date: Revised Date:

Property and 04/01/2015 04/25/2022


Evidence Control Supersedes/
Amends:
Reference: VLEPSC STANDARDS

ADM. 16.01-16.04

______________________
Donald T. Sloan, Sheriff

I. POLICY

It shall be the policy of the Lynchburg Sheriff's Office to provide a system for the
safe storage and eventual disposition of property that comes into possession of
sworn employees. Evidentiary items shall be relinquished to the evidence property
room of the Lynchburg Police Department based upon established letter of
understanding.

It is acknowledged that deputies/employees rarely come into possession of


evidentiary items or found property given the small number of employees and the
specific nature of the mission of the Lynchburg Sheriff's Office. The police
department will handle the majority of circumstances in which an evidentiary or
property transaction occurs. It is necessary, however, due to the concerns of
efficiency and employee safety that all personnel have access to the secure
property lockers at Lynchburg Police Department. Stringent security controls are
in place to maintain the security and integrity of the storage system.

In that this office does not provide custodial housing for inmates, most property
coming into possession of employees is generally small items of a personal nature
such as currency, jewelry, and clothing items.

Within this policy a protocol shall be established and will be binding upon all
employees with regard to the property of other persons coming into their
possession as a result of official duties. Legal requirements concerning found,
recovered, and evidentiary property as stipulated within the Code of Virginia shall
be strictly adhered to.

II. PURPOSE

The purpose of this order is to establish a lawful system for the safe and efficient
storage and retrieval of items of property/evidentiary or other value that come into
the custody of this Office.

This system will maintain strict accountability for all property held as property and
evidence.
GO 2-15 Property and Evidence Control
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Revised: 04/25/2022
III. PROCEDURE

A. General

The Chief Deputy of the Lynchburg Sheriff’s Office or his designee is


responsible for the control, storage and final disposition of found property
of minimal value stored by the sheriff’s office.

B. General Property Procedures - Prisoners

1. When an individual is placed into the custody of the sheriff's office, it


shall be the responsibility of the deputy who takes charge of the
prisoner to determine what, if any types and quantities of personal
possessions that are being carried on their person (the prisoner).

2. After conducting a search for weapons, evidence or contraband an


inventory shall be taken of the prisoner's possessions. The
possessions shall be listed on the " LSO Prisoner Property Form."

Items of exceptional value such as currency, jewelry, or medications


or sensitive items shall be carefully documented on the form as to
dollar amounts, and basic description of other items. If there is more
than $100 in cash, there shall always be a minimum of two
deputies to sign the LSO Prisoner Property Form and to initial the
storage bag.

a. The following items shall also be collected by the deputy:

1) any item that could be reasonably converted or used


as a weapon;

2) items that one could use to inflict harm to themselves


or others such as belts, hair picks, cigarette lighters,
etc.

3) items of extra clothing such as coats, jackets, and


sweaters. Footwear with shoe strings or of a style that
may be used as a weapon shall be removed from the
prisoner until time for transport.

3. Items of property shall be placed into storage bags that are either
secured with evidence tape or stapled and initialed and dated by the
collection deputy, and kept in a secure area contiguous with the
holding cells.

GO 2-15 Property and Evidence Control


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4. At the time of transportation to the jail facility, the property storage
bags along with any other collected property shall be turned over to
the transportation officer and taken with the prisoner to their intended
location. The transportation officer will be required to sign receipt of
the items listed on the Prisoner Property Form. The completed LSO
Prisoner Property Form shall be retained by the Lynchburg Sheriff's
Office in a notebook located in the holding cell area for that specific
court.

5. The completed LSO Prisoner Property Forms shall be collected and


brought to the Sheriff’s Office on a monthly basis. The Prisoner
Property Forms shall be maintained for a period of three years;
thereafter, they may be purged following Virginia records retention
requirements.

C. General Property Procedures - Public

1. Persons entering all Lynchburg Courtrooms are scanned by the use


of walk-through metal detectors. If the alarm is activated, a hand-
held detector is used to check for possible items that could be used
as weapons. Any item that can be readily used as a weapon shall
not be allowed into the courtroom area.

2. No prohibited items will be allowed in the court building.

3. Circuit Court and J&DR Court do not allow cell-phones to be taken


into their court buildings. Any person bringing a cell phone into the
common area of the checkpoint will be asked to return their phone to
their vehicle or they can have their phone placed into a keyed locker.
If the person chooses to have their cell phone placed into the keyed
locker, they are asked to complete the “Locker Check Form”. At that
point the checkpoint deputy will lock the phone in an assigned locker
and give the person the key to the locker. The “locker check form” is
a two-part carbonless form. The yellow copy and the key are given
to the person leaving their phone in the locker. The white “original”
copy will be maintained in the locker check forms notebook. When
the owner returns for their phone, they shall relinquish the key and
the yellow copy of the form. The yellow form shall be stapled to the
original white form located in the notebook. The original (and yellow
copies) of the “Locker Check Sheets” are collected on a monthly
basis and maintained at the Sheriff’s Office.

GO 2-15 Property and Evidence Control


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D. Unattended/Unclaimed Property

1. Personal property that has been found unattended/unclaimed within


any of the three Courthouses and/or Circuit Court Clerk’s Office, or
that which has been turned in to a deputy as found/unattended shall
be handled using the following procedure:

a. Lynchburg Sheriff’s Office Found Property Report form shall


be completed for documentation purposes by the deputy
finding or receiving the item(s). The Found Property Report
form is a two-part carbonless form. The yellow copy of the
form shall always be kept in the Found Property Binder
located at the desk of each checkpoint/Circuit Court Clerk’s
Office.

If the found/unattended property is turned in to a deputy


outside of a courthouse, both the white and yellow copies of
the form shall be attached to the required CC Report and the
below instructions shall be followed, keeping the yellow copy
intact with the white original.
b. The item(s) – along with the completed, white original of the
LSO Property Report form and the required CC Report – shall
be relinquished to either the Chief Deputy or Captain – as
soon as practicable, but no later than the end of the tour of
daily duty. In the CC Report, the item(s) will each be
described and the circumstances of how the property came
into possession of the deputy. The items will be properly
packaged and labeled.
c. If the Chief Deputy or Captain is not on duty, the deputy is
required to appropriately package, label, and place the item(s)
into the temporary storage lockers. The padlock on the locker
is to be locked and the white copy of the Found Property
Report form is to be attached to the required CC Report and
placed in the door box of the Chief Deputy’s Office. The
temporary storage locker number shall either be notated on
the found property report form or on the required CC report.
d. If the unattended/unclaimed found property consists of drugs,
firearms, currency, jewelry, precious metals, the items shall
be turned over to the Lynchburg Police Department’s property
and evidence system. Each individual item will then be
described, properly packaged and labeled in accordance with
guidelines established by the Lynchburg Police Department
and the Virginia Department of Criminal Justice Services /
Division of Forensic Science. The property shall be
GO 2-15 Property and Evidence Control
4
Revised: 04/25/2022
relinquished to the control of the police department’s property
and evidence system prior to the conclusion of the shift or
tour of duty of the deputy. The LSO Found Property Report
form shall also be completed with the yellow copy remaining
at the checkpoint and the white copy turned in with the
required Sheriff’s Office CC report of how the items were
obtained and/or came into the possession of the deputy, as
well as a description of each item of property. The CC report
shall be completed no later than the end of the tour of
daily duty and placed in the Chief Deputy’s door box along
with the white copy of the LSO Found Property Report form.
If any forms are issued by LPD for the storage of the property,
a copy of the form(s) should also be attached.
e. The Chief Deputy and Captain are the only two keyholders for
both the temporary lockers and main storage locker. The
temporary lockers will be checked on a daily basis. If there is
any property locked in one of the temporary storage lockers,
the property will be relocated to the main storage locker.

2. The Chief Deputy shall be responsible for making efforts to locate


absentee owners of unattended/unclaimed found property and make
arrangements for its return. The Chief Deputy shall also be
responsible for all record keeping as it pertains to this property and
handling the eventual disposition of the unclaimed items.

3. Final disposition of found property shall be accomplished as soon as


possible after efforts to locate absentee owners and all legal
requirements have been satisfied. Property that remains unclaimed
for sixty (60) days is deemed abandoned and will be disposed of in
accordance with state law.

E. Levies / Distress Warrants / Evictions

1. Property coming into the possession of the Sheriff's Office as a result


of civil actions will be turned into the Lynchburg Police Department
Property and Evidence room with the appropriate documentation
prior to the end of the deputy’s shift and will be held until such
time that the judgment is satisfied. (Payoff, sheriff's sale, items for
safekeeping found during evictions).

2. Large items such as machinery, motor vehicles, boats, etc. may be


kept in secure storage at the City of Lynchburg Impound Lot or other
secure storage areas within the city.

GO 2-15 Property and Evidence Control


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F. Inspection – (LSO inspections of Unattended/Unclaimed Found Property in
Possession of the LSO)
1. At least quarterly, the Chief Deputy or his designee, conducts a
documented inspection of adherence to procedures used for control
of property.

2. If either the Chief Deputy or Captain (only keyholders) is assigned


and/or transferred from the property control function, a documented
inventory of property in possession of the Sheriff’s Office, shall be
conducted jointly by the newly designated keyholder and a designee
of the Sheriff to ensure that records are correct and property
annotated.

3. A documented annual inventory of property held by the LSO is


conducted by an employee not routinely or directed connected with
property control. The Sheriff will appoint an employee to conduct this
inventory and report findings to the Sheriff.

4. At least twice a year, documented, unannounced inspections of the


property storage area, will be conducted by an employee not
routinely or directly connected with property control. The Sheriff will
appoint an employee to conduct these inspections and report
findings to the Sheriff.

G. Inspection - (LPD inspections of “ONLY” LPD facilities and LSO inspections


of “ONLY” LSO property/evidence in possession of LPD)

1. Lynchburg Police Department is C.A.L.E.A. accredited and does a


quarterly inspection of the procedures used for the control of the LPD
property and evidence system. The Chief Deputy of the Lynchburg
Sheriff’s Office will designate an employee to perform quarterly
inspections of the procedures used for the control of LSO property
held within the LPD property and evidence system.

. 2. An annual audit of the Lynchburg Sheriff's Office’s property and


evidence held in the Lynchburg Police Department Property and
Evidence system will be conducted by an LSO employee designated
by the Chief Deputy. ALL property placed into the police department
system is subject to inspection. A form detailing the findings of the
audit will be directed to the Chief Deputy or Sheriff for approval.

3. The Chief Deputy will direct the exercise of unannounced inspections


of the LPD property and evidence storage area that maintains
Lynchburg Sheriff’s Office property/evidence, at any time but at a
minimum shall accomplish two (2) unannounced inspections per

GO 2-15 Property and Evidence Control


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Revised: 04/25/2022
year. A form detailing the findings of the unannounced inspections
will be directed to the Chief Deputy or Sheriff for approval.

4. Should a keyholder of the Property and Evidence area of the police


department be reassigned and/or transferred from the P&E area, an
inventory of the LPD property and evidence shall be conducted
according to their policy. A LSO employee designated by the Chief
Deputy shall be required to complete a documented audit, jointly with
the newly designated LPD property key holder, of all property
assigned to the Sheriff’s Office.

5. Reports, audits, inspections, etc. of the LPD property and evidence


area maintained at LPD are available to the Office of the Sheriff upon
request to the Chief of Police.

H. Evidentiary Items

1. Should items of evidentiary value come into possession of a Sheriff's


Office employee, it shall be turned over to the Lynchburg Police
Department’s evidence system. Each individual item will be
described, then be properly packaged and labeled in accordance
with guidelines established by the Lynchburg Police Department and
the Virginia Department of Criminal Justice Services / Division of
Forensic Science.

2. Any item of evidence coming into the possession of a sheriff's office


employee shall be relinquished to the control of the police
department evidence system prior to the conclusion of the shift
or tour of duty.

3. A Sheriff’s Office CC Report shall be completed detailing how the


item(s) of evidence came into the possession of the Sheriff’s Office
and describing each item of property obtained prior to the
conclusion of the shift or tour of duty.

Special note: The Lynchburg Police Department shall conduct criminal


investigations and any subsequent seizure of evidence. Property and
evidence recovered under these circumstances shall be handled in
accordance with established policy of the police department.

I. Packaging Evidence/Property – (LPD Procedure)

1. All items of evidence will be packaged using the following


procedures:

GO 2-15 Property and Evidence Control


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Revised: 04/25/2022
a. Deputies will choose a container suitable to the type of evidence
to be packaged, giving consideration to the following:

1) the size and weight of the item,

2) whether the item is moist or wet, and

3) whether the item is sharp or dull.

b. Deputies will avoid possible contamination of evidence by


packaging all items separately.

c. Items will be packed in such a manner as to minimize interior


movement within the package.

d. The package will be sealed with evidence tape, and the


collecting deputy will initial across the seal.

e. The package will be labeled (complaint control number, item


number, deputy’s name, and date) before placing the evidence
in it so as not to damage contents while writing on it.

2. All other items of property will be packaged (as necessary) by the


seizing deputy so as to:
a. provide for safe handling of the item, and
b. prevent damage to the item.

3. When packaging suspected controlled substances, the seizing deputy


will be responsible for:
a. counting and recording on the Property/Evidence Voucher the
number of capsules, pills, packages of powders, plant materials,
etc. seized and packaged, and

b. packaging the items in an evidence envelope or zip lock bag.

1) The envelope will be sealed with evidence tape along the


seam with the appropriate information provided on the
envelope.

2) Once the package has been sealed, it will be checked for


tampering by each person involved in the chain of possession.

4. The seizing deputy will be responsible for properly packaging for


mailing suspected controlled substances or paraphernalia which are to
be submitted to the Division of Forensic Science for analysis.
GO 2-15 Property and Evidence Control
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Revised: 04/25/2022
5. All hazardous materials such as suspected Anthrax, etc. will be stored
in the file cabinet located in the sally port.

J. Request for Analysis

1. The deputy seizing an item of evidence will be responsible for


requesting any analysis of that item deemed necessary.

2. The deputy submitting items for analysis will ensure that:

a. the items are packaged:

1) according to department procedure (see III, H), and

2) separately from items not requiring analysis.

b. the packaged items are sealed with evidence tape, and the
edges of the tape initialed.

3. When requesting analysis by the state Division of Forensic Science,


the deputy will complete a Request for Laboratory Examination (State
form DGS-70-001).

a. The deputy will detail on the Request for Laboratory Examination:

1) the items submitted for analysis,

2) the type of analysis requested for each item,


3) the certified mail receipt number, and

4) a description of each item.

b. The deputy will make sure that the item number and group
number are the same.

c. The deputy will also note any analysis requested on the


property/evidence voucher.

4. When items are personally delivered to the Division of Forensic


Science for examination, the transporting deputy will be responsible
for maintaining the chain of custody, to include obtaining an
appropriate receipt for the items.

5. The results of examinations completed by the Division of Forensic


Science are, by division policy, submitted in writing.

GO 2-15 Property and Evidence Control


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K. Submission of Evidence/Property to the Lynchburg Police Department’s
Secure Evidence/Property Area

1. The property/evidence voucher will include all seized property. All


items should be bagged separately and the item number will not be
duplicated.

2. Evidence, recovered and unattended/unclaimed found property of


value (as notated earlier in this GO) seized during business hours will
be submitted to the LPD Property and Evidence Coordinator for
storage in the proper secured area. The item(s) shall be submitted
prior to conclusion of the shift or the deputy’s tour of duty. A LSO
CC Report shall be completed as well as the white, original LSO
Found Property Report and submitted to the Chief Deputy or
Captain prior to the conclusion of the shift or tour of duty of the
deputy. If the Deputy receives documentation from LPD, a copy of
that document shall also be attached.

3. Evidence, recovered and unattended/unclaimed found property of


value (as notated earlier in this GO) seized after business hours will
be submitted in the proper secured area of the Police Department.
The item(s) shall be submitted prior to conclusion of the shift or
tour of duty of the deputy. A LSO CC Report shall be completed
and submitted to the Chief Deputy or Captain prior to the
conclusion of the shift or tour of duty of the deputy. If the Deputy
receives documentation from LPD, a copy of that document shall
also be attached.

a. Secure storage cabinets are provided for temporary storage and


will accommodate most items of evidence or property.

b. A drop box is provided for temporary storage of controlled drugs,


money, and other valuable items.

c. A secure refrigerator is provided for temporary storage of


perishable evidence or property.

d. The Bicycle Shed is located in the 900 block of Church Street and
will be used for temporary storage of non-evidentiary items such
as:

1) flammable liquids in adequate containers, or

2) durable, non-electric items too large for the storage cabinets.

GO 2-15 Property and Evidence Control


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e. The Property and Evidence Coordinator will be notified regarding
fragile or electronic items too large for the storage cabinets.

f. A Cash Accounting Summary LPD form (LPD-1201-01) will


accompany all cash or currency entered into the evidence system.
A second deputy or an on-duty Lynchburg Police Officer shall be
present when the monies are in excess of $100. The monies are
counted and placed in the appropriate property packaging. This
second person shall also sign the Cash Accounting Summary LPD
form.

4. Each employee shall submit all evidence, recovered or


unclaimed/unattended found property as per the above procedures
prior to ending his tour of duty; no employee shall store,
maintain, or otherwise keep any evidence, recovered or found
property or contraband in his personal possession.

5 Whenever practical, items seized by deputies as evidence will be


photographed.

a. The evidence will be entered in the Records Management System


along with the photograph to be used for courtroom presentation.

b. The deputy will instruct the owner of photographed non-perishable


evidence that

1) such evidence will be released into the owner’s custody at the


department, and

2) the owner will be required to sign the LPD Bar Coding


Signature Pad form, indicating receipt of the property.

c. The deputy will be responsible for returning photographed


perishable items to the owner as soon as practical.

6. When submitting controlled substances:

a. During business hours, the seizing deputy will submit the package
along with the property/evidence voucher and the Request for
Laboratory Examination form (when appropriate) to the LPD
Property and Evidence Coordinator.

b. After business hours, the seizing deputy will deposit the package
along with the property/evidence voucher and the Request for
Laboratory Examination form (when appropriate) in the drop box.

GO 2-15 Property and Evidence Control


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Revised: 04/25/2022
1) The form(s) will be paper-clipped to the package containing
the controlled substance.
2) The seizing deputy will personally deposit the material in the
drop box, ensuring that the material cannot be retrieved.

7. Firearms, Ammunition and explosive devices:

a. Any firearm entered into the system will be made safe by ensuring
that it is unloaded.

b. If the firearm is found to be in a condition where it can not be


unloaded the officer will:

1. NOT attempt to disassemble the firearm, due to the danger


of accidental discharge.

2. NOT put any type of tape on the firearm.

3. Secure, if possible, the firearm’s hammer to prevent


movement.

4. Notify an on-duty armorer, if available, to inspect and clear the


firearm.

5. If no armorer is available, secure the firearm in an evidence


locker with a warning on the locker door that it contains a
loaded firearm.

c. Small arms ammunition may be accepted into the system as


evidence, recovered, or found property.

1) Large quantities of evidentiary ammunition may be


photographed, and the photographs used in court.

2) Ammunition will be disposed of as follows:

a) All ammunition for disposal will be submitted by the LPD


Property and Evidence Coordinator to the Division of
Forensic Science.

b) The ammunition will be destroyed during forensic


ballistics evaluations.

3) Such flammable liquids may be temporarily secured in the


Bicycle Shed, located in the 900 block of Church Street.

GO 2-15 Property and Evidence Control


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4) The LPD Property and Evidence Coordinator will be
responsible for notifying the Lynchburg Fire Marshal's Office,
as soon as practical after storage of such flammable liquid, to
arrange for proper disposal.

8. All evidence, recovered or found property (of exceptional value) will:

a. be documented on a property/evidence voucher by the deputy


who processes/recovers the evidence or found property as soon
as possible, but no later than the end of the tour of duty, and

b. requires a LPD Incident Report and a LSO CC Report detailing


the circumstances by which the property came into the deputy’s
possession. These reports are to be completed and submitted to
the Chief Deputy or Captain prior to the end of the tour of duty.

L. Temporary Release of Evidence

1. Evidence needed for use in court will be checked out through the LPD
Property and Evidence Coordinator.

2. The deputy will sign for the evidence using the Signature Pad of the
Bar-Coding System.

3. The deputy may retain the evidence only for the period of time it is
needed in court, after which the evidence MUST be returned to the
LPD Property and Evidence Coordinator for continued storage or final
disposition.

4. If the evidence is retained by the Commonwealth’s Attorney or a


Judge, the deputy is responsible for notifying the Evidence Coordinator
of the disposition of the evidence. The Evidence Coordinator will be
responsible for documenting the information in the system.

M. Release or Destruction of Evidence, Recovered or Found Property located


within the Lynchburg Police Department Property and Evidence Area

1. All evidence, recovered or found property must be maintained in the


proper storage area until the deputy or investigator assigned to the
case releases the evidence, recovered, or found property for return or
destruction. Records of evidence and property are maintained in the
RMS according to Library of Virginia schedule and reflect status of all
evidence and property held by the agency.

GO 2-15 Property and Evidence Control


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2. The Chief Deputy or his designee will be responsible for determining
the disposition of the evidence in the event that the assigned deputy is
no longer employed by the Sheriff’s Office.

N. Access to Lynchburg Police Department’s Evidence and Property Storage

Access to Lynchburg Police Department’s Evidence and Property Storage


by those not routinely associated with the Evidence and Property storage
function will be documented by video recording. Those permitted access
to the LPD Evidence and Property Storage unit will be monitored and
escorted by LPD Evidence and Property staff at all times. The LPD
Evidence and Property Storage unit is monitored by video 24 hours of
every day.

GO 2-15 Property and Evidence Control


14
Revised: 04/25/2022
Number: Page:
WRITTEN DIRECTIVE 2-16 1 of 4
Subject: Effective Date: Revised Date:
6/8/2006, 10-18-2012,
PROMOTIONS AND 09-19-2014 6/30/15
Reviewed by
CAREER DEVELOPMENT Supersedes/ DTS
Amends:
Reference: VLEPSC STANDARDS
PER.07.01; PER 03.01
_________________________
Ronald L. Gillispie, Sheriff

I. POLICY

It is the policy of the Lynchburg City Sheriff's Office to award promotions in a


manner which benefits this office as well as the community at large. To that end
promotions must be awarded without bias and to the best candidate for the
position.

II. PURPOSE

To establish the procedures for awarding promotions as they are available.

III. PROCEDURES

A. The Sheriff makes all determinations concerning promotions. The Sheriff


may consult with the Chief Deputy or other supervisors concerning
promotions.

B. The following criteria will be considered when awarding promotions. No


one area will necessarily be considered more highly than any other, rather
the totality of the candidates’ qualifications will be weighed against those
competing for the position.

1. Job performance

2. Job experience

3. Special skills, talents, awards, and experience

4. Education

5. Past disciplinary issues

6. Prior supervisory experience

C. The Sheriff may make a written announcement regarding promotions.

2-16.1
D. Newly promoted members are on probationary status for one year.

1. Employees on probation will be closely observed. Members will


be warned promptly of unsatisfactory performance.

2. At any time prior to the end of the probationary period a member


may be demoted for unsatisfactory performance. Although no
disciplinary charges are required, nor is an appeal permitted, the
reason for the demotion will be clearly explained to the member.

3. At the end of the probationary period the Sheriff or designee will


meet with the newly promoted member’s supervisor. If a review
of the member’s performance is satisfactory, the promotion will be
made permanent. An annual evaluation will be completed upon
newly promoted members by a Supervisor at least one grade rank
senior.

4. Newly promoted employees will attend management training as


soon as possible following the award. Such training may be
conducted through the academy or another source if it is available.

E. Employees may request to review the results of the promotional process.


They should make their request in writing to the Sheriff.

F. The Sheriff will ensure that all elements concerning selection for
promotions are job related.

G. The Sheriff will ensure that any promoted member has the appropriate
experience to perform the duties of the new position.

1. Sworn members must have a minimum of one-year service with


the Lynchburg City Sheriff’s Office or a minimum of three years
of previous law enforcement, jail or judicial related experience
before being considered for promotion.

2. The Sheriff will determine the minimum service requirements for


any non-sworn supervisory positions at the time of the
announcement.

H. CAREER DEVELOPMENT: MASTER DEPUTY PROGRAM

The Sheriff selects a master deputy if all qualifications to attain this status
are met. The master deputy status does not denote rank and is governed
by the State Compensation Board requirements and position availability.

A. Candidates must submit a memo to the Sheriff to be considered for


master deputy status.

2-16.2
B. Requirements for candidates:

1. Must be a full-time deputy sheriff.

2. Must have a minimum of three years employment with the


Sheriff’s Office.

3. Must reflect an overall evaluation rating of acceptable or


better for the past two evaluations.

4. Must not exceed more than one written disciplinary actions


during last two years or have been demoted from a ranking
position during the last two years.

5. Must not exceed more than one preventable automobile


accident during the last three years.

6. Must have qualified annually with the department-issued


weapon, attaining at least 80% proficiency.

7. Must have completed an approved college credit course


equivalent to 40 hours of instruction or more or a minimum
of 40 hours of specialized training beyond the required
DCJS in-service training. Examples would be General
Instructor, Firearms, SWAT, Defensive Tactics Instructor,
etc.

8. Must not exceed annual vacation or sick leave without


medical clearance or approval by the Sheriff.

C. Conditions for Rescinding of Master Deputy Status:

1. A master deputy does not qualify annually with an issued


weapon with at least 80% proficiency. Status will be
rescinded immediately and will remain in effect until the
deputy qualifies with at least 80% proficiency at the next
regularly scheduled qualification date.

2. A master deputy received an annual evaluation rating of


less than acceptable. Status will be rescinded immediately
and remains in effect until a rating of acceptable or better is
attained at the next annual evaluation.

2-16.3
3. A master deputy receives more than one written
disciplinary actions in a two-year period. Status will be
rescinded and remains in effect for one year from the date
of the last written disciplinary action, during which time no
further written disciplinary actions may be incurred.

4. A master deputy becomes a part-time deputy.

5. A master deputy has more than one preventable automobile


accident in a three-year period. Status will be rescinded
immediately and remains in effect for a period of one year
from the last accident, during which time no further
preventable accidents may be incurred.

6. A master deputy violates the written attendance policy of


the sheriff’s office without proper authorization or medical
documentation.

7. A master deputy maintains all in-service training on


specialized training for which he/she attained master
deputy status. This may have to be accomplished on the
deputy’s own time.

Any modifications to the conditions for extending or rescinding the master deputy status
must be approved by the Sheriff.

This policy supersedes all previous administration directives.

2-16.4
Number: Page:
WRITTEN DIRECTIVE 2-17 1 of 7
Subject: Effective Date: Revised Date:
6/8/2006 6/30/15
Reviewed by
GOALS AND OBJECTIVES Supersedes/ DTS
Amends:
Reference: VLEPSC STANDARDS
ADM.04.01
_________________________
Ronald L. Gillispie, Sheriff

I. POLICY

It is the policy of the Lynchburg City Sheriff's Office to require the annual
submission of goals and objectives in accordance with the procedures established
herein.

It is the policy of the Lynchburg City Sheriff's Office to involve personnel at all
levels of the organization in the preparation of objectives relating to their area of
responsibility.

II. PURPOSE

To establish the policies and procedures to guide the annual submission of goals
and objectives.

III. DEFINITIONS

A. Goal

The end toward which an organizational effort is directed.


A goal is a statement of general purpose or intent of desired
outcomes to which effort is directed.

B. Objective

An event or accomplishment that has been planned to bring the


organization toward a specified goal.
An objective is a statement of desired outcomes or observable,
behavioral changes that represent the achievement of the goal.

IV. THE PROCESS

A. Goals

1. The Sheriff will work with command personnel to enact and


modify goals for the office.

2-17.1
2. Goals will be reviewed annually by the Sheriff and Supervisory
personnel.

B. Objectives

1. The Professional Standards Office will perform an annual review


of objectives. This will be done along with the goal review.

2. Supervisory personnel will also provide input to the objective


review.

3. Objectives will be listed directly under their respective goal.

C. All personnel are allowed and encouraged to provide input to the goal and
objective building process.

1. Personnel should submit ideas for goal and/or objective revisions


through their chain of command or directly to the Professional
Standards Office.

2. A goals and objectives questionnaire will be developed and


disseminated to all personnel annually. See questionnaire attached
to this directive.

3. Goals and objectives may be changed at any time.

V. CONCLUSION

The establishment of organizational goals and objectives is a process that serves


the interest of both the Sheriff's Office and community. For the Sheriff's Office, it
provides the opportunity for input into activities at all levels and areas of the
organization. The goals and objectives also provide a sense of direction to all
members in addition to highlighting areas of importance. From the standpoint of
the community, they provide information of a similar nature and, to an extent,
communicate an organizational philosophy as it relates to mandated services and
internal management areas. As such, annual reviews and revisions will serve to
ensure they remain current and a guide to future improvements.

This policy supersedes all previous administration directives.

2-17.2
LYNCHBURG SHERIFFS OFFICE
EMPLOYEE DEVELOPMENT QUESTIONNAIRE

Name: ____________________________________________________

Date: ____________________________________________________

Title: ____________________________________________________

1. List your major accomplishments for the past year.

2. Discuss any area you wish you had done better in the past year and want to
improve in.

3. What are your major goal(s) for the coming year? (A goal is what you hope to
achieve – a statement of desired outcomes to which effort is directed).

2-17.3
4. What do you need from yourself and from the office in order to meet your
goal(s)? Be specific.

5. What barriers do you regularly encounter that prevent you from doing the best job
possible?

Any other comments:

Employee Signature: ________________________________/Date: _________________

Supervisor Signature: _______________________________/Date: _________________

2-17.4
LYNCHBURG SHERIFFS OFFICE
ANNUAL GOALS AND OBJECTIVES
QUESTIONNAIRE

Name: ____________________________________________________________

Today’s Date: ______________________________ Goal Year: ______________

Title: ____________________________________________________________

Definitions:

A goal is a statement of general direction or intent of desired outcomes to which effort is


directed.

An objective is a statement of desired outcomes or observable, behavioral changes that


represent the achievement of the goal.

Analysis:

1. State your goal(s) for the Lynchburg Sheriff’s Office. (What you hope or want
the office to achieve).

2. Why is this goal important to the office?

2-17.5
3. What information, training or other course of action would bring about the desired
goal?

4. What will need to be implemented to attain this goal?

2-17.6
5. What observable behaviors would represent the embodiment of this goal?

6. What will the goal look like when it is accomplished? Please describe.

2-17.7
Number: Page:
WRITTEN DIRECTIVE 2-18 1 of 3
Subject: Effective Date: Revised Date:
6/8/2006
RESEARCH AND PLANNING Supersedes/ Reviewed
Amends: 03-11-2015
Reference: VLEPSC STANDARDS
ADM.10.01
_________________________
Ronald L. Gillispie, Sheriff

I. POLICY

It is the policy of the Lynchburg City Sheriff’s Office to identify specific areas of
concern and for the Sheriff to appoint an individual responsible for gathering data,
analyzing data, and making appropriate recommendations to the Sheriff regarding
future operations of the office. Areas of concern may be identified by the Sheriff,
members of the office, or citizens.

II. PURPOSE

To provide a basis for administrative decisions which is based on data gathering


and analysis. The purpose of research and planning is to allow the Sheriff’s
Office to respond to an ever-changing mandated services environment. This
function should allow response to those changes, obtaining necessary resources
(both personal and physical), training, and budgeting for future demand on the
office.

III. PROCEDURE

A. The Sheriff and Chief Deputy Sheriff are designated to supervise research
and planning.

B. For each research and planning project a specific problem or area of


concern will be identified.

1. Planning and Research Function

a. Organization of the planning and research function:

1. Acquisition of Funds

2-18.1
(a) Seeking sources of funding whether it be
from local, state, or federal resources for the
purpose of programs or equipment identified
as important to fulfilling the mission of the
Office.

(b) Some of the sources for funding could


include the City of Lynchburg, Virginia
State Compensation Board, and federal
grants administered by DCJS or Department
of Homeland Security.

2. Liaison with Other Agencies as it Pertains to Planning

The City Planning Office is a vital source of census


information and other up to date demographic statistics
while the Lynchburg Police Department would be a source
for crime data and analysis. The Office of Homeland
Security provides important information as it pertains to
domestic and foreign terrorism, which helps aid local law
enforcement in combating this ever-growing security
concern.

This policy supersedes all previous administration directives.

2-18.2
Lynchburg Sheriff’s Office
Planning and Research
Date: ___________________________________________________________________

Name: __________________________________________________________________

Specific Area of Concern: ________________________________________________

Please list any area of concern or identified problem you have encountered or noticed
within the operations of the Lynchburg Sheriff’s Office. Please be as specific as possible.

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

_________________________________
Signature

2-18.3
Number: Page:
WRITTEN DIRECTIVE 2-19 1 of 2
Subject: Effective Date: Revised Date:
6/8/2006

PHYSICAL FITNESS Supersedes/ Reviewed


Amends: 03-11-2015
Reference: VLEPSC STANDARDS
PER.03.05, 03.06
_________________________
Ronald L. Gillispie, Sheriff

I. POLICY

Members of the Lynchburg City Sheriff's Office are encouraged to take personal
responsibility for their physical health. Normal day-to-day activities will require
members to perform duties that are physically challenging. Extraordinary
circumstances may require that extremely stressful and rigorous tasks be
performed. Members must be prepared to meet the challenges that they may face
in the course of their duties.

II. PURPOSE

To establish policy concerning the physical fitness of Sheriffs Office members.

III. PROCEDURES

A. Physical fitness is an individual responsibility. All Sheriff’s Office


members are encouraged to take it very seriously.

B. Members shall report immediately any injury or other change in health


that might affect their ability to perform their duties.

1. On the job injuries will be properly documented for worker


compensation and OSHA standards.

2. A summary of work-related injuries and illnesses will be posted by


February 1, of each new-year for the preceding year. OSHA form
300 A will be utilized. (Located in locked cabinet at main entrance)

C. Members may be required to undergo a physical examination by a


licensed physician.

1. All members will be required to have a physical examination prior


to entering a basic academy training class unless excused under
current academy policy.

2-19.1
2. A member may be required to undergo a physical at the request of
the Sheriff. The reason for the request will be clearly explained to
the member.

3. Any physical examination required by the Sheriff’s Office will be


provided at no cost to the member.

D. The failure of a member to maintain an adequate level of physical fitness


may result in the member being reassigned if reassignment is available or
terminated.

E. Opportunities/options for reduced financial rates at Physical Fitness


Facilities will be posted on the bulletin board for deputy access.

This policy supersedes all previous administration directives.

2-19.2
Number: Page:
GENERAL ORDER 2-20 1 of 8
Effective Date:
6/8/2006; 2/8/2012
Subject: 6/30/2015 Revised Date:

8/02/2021
PUBLIC INFORMATION Supersedes/
Amends:
Reference: VLEPSC STANDARDS
ADM.22.01 – .22.03
Donald T. Sloan_____
Donald T. Sloan, Sheriff
I. POLICY

It shall be the policy of this office to keep the public informed of current events
and achievements within the Lynchburg Sheriff’s Office. The release of
information shall be governed by the mandates of the Code of Virginia as
described under the Virginia Freedom of Information Act. Additional guidelines as
contained within this directive shall also apply.

Inquiries from media representatives shall be directed to the Chief Deputy. In the
absence of the Chief Deputy, direct referral to the Sheriff shall be made.

II. PURPOSE

The purpose of this directive is to provide the mechanism for dissemination of


information to the public and news media.

III. PROCEDURE

A. General

1. The Sheriff’s Office is committed to informing the community and the


news media of events within the public domain that are handled by or
involve the City of Lynchburg Sheriff’s Office.

2. The Sheriff and Chief Deputy shall be designated as media contacts


for the office. All releases of information to the public or news media
shall proceed from these positions alone.

3. Employees of the City of Lynchburg Sheriff’s Office are not authorized


to make or provide releases of information concerning any issue or
incident, operation, activity, or assignment as it pertains to the mission
of the Sheriff’s Office unless authorized to do so by the Sheriff.

GO 220, Public Information


1
REVISED: 08/02/2021
B. Media and Public Information Coordinator

1. The Chief Deputy shall be designated as the media coordinator in


order to facilitate the efficient and timely flow of information, if
requested. In addition, the Chief Deputy shall be designated as the
office contact regarding third party requests for information (i.e.,
Freedom of Information Act.) In the Chief Deputy’s absence, the
Sheriff will fulfill this function. As media coordinator he shall be
responsible for the following:

a. assists news media personnel in covering news stories at any


incident or within the courthouse or involving sheriff’s office
personnel;

b. prepares and distributes news releases;

c. arranges and assists at news conferences;

d. is available for on-call responses to the news media.

e. coordinates the release of all information as it pertains to the


Sheriff’s Office.

2. The Sheriff retains the option to utilize the services of the City of
Lynchburg Public Information Officer should conditions warrant.

3. During occurrences that involve multiple service agencies, the media


coordinator shall represent the Lynchburg Sheriff’s Office. The release
of information shall be governed by the nature of the occurrence/event
in compliance with the mandates of the Code of Virginia.

C. Media Access

1. The Code of Virginia stipulates that news and media representatives


shall be accorded access within reasonable limits from which to cover
news events such as fires, natural disasters and other catastrophic
events. The media coordinator shall facilitate this accommodation as
reasonably practicable in accord with established law.

D. Handling Requests for Documentation, Records, Etc.

§ 2.2–3704 of the Code of Virginia prescribes guidelines for


employees regarding time limits for providing information,
calculation of charges for information provided and circumstances
GO 220, Public Information
2
REVISED: 08/02/2021
under which information may be withheld. The Sheriff’s Office shall
explicitly abide under these regulations identified as the Virginia
Freedom of Information Act.

The Lynchburg Sheriff’s Office guidelines shall also encompass


portions of the Lynchburg Police Department policy on FOIA due to
information sharing between the two agencies for law enforcement
purposes should anyone request information we happen to have
access to due to our relationship. Their policy is noted below.

E. The Lynchburg Police Department has adopted the predisposition to


disclose approach in the release of records under the provisions of the
Freedom of Information Act (FOIA).

F. Using this approach, the department identifies only those records that can
be withheld, in lieu of records that require release under the FOIA.

1. FOIA does not provide for “standing requests”, as for all future criminal
incident records.

2. FOIA can be applied only to records that already are in existence.

3. Incarcerated persons cannot request records under FOIA, but can


request records used as evidence in criminal prosecution in which they
are involved.

4. FOIA does not require an agency to produce or create a new


document if the requested public record is not recorded or does not
exist.

5. The FOIA does not require an agency to abstract or summarize


records in response for a citizen request.

6. Records that are not prepared for or used in the transaction of public
business are not public record.

G. Requests for Records

1. Media Releases:

a. Requests for certain records by the media may be done either


verbally in person or by telephone, or in writing.

GO 220, Public Information


3
REVISED: 08/02/2021
2. All other requests for records from a requesting party may be in any of
the following forms:

a. Subpoena Duces Tecum, requiring release of certain records

b. Letter

c. Memorandum

d. Written Note

e. Verbal (as long as requested records are identified sufficiently)

H. The Chief Deputy or Sheriff may forward for review all FOIA requests to
the City Attorney.

I. Any person making a request for records is not obligated to inform the
sheriff’s office as to the reason for such request.

J. Upon receipt of a FOIA request, an initial response must be made by the


department within five working days after the request is received in
one of the following forms:

1. Make the requested record(s) available.

2. Notify in writing that the requested records could not be found or do not
exist. However, if known that another public body has the requested
records, the response shall include contact information for the other
public body.

3. Decline in writing to furnish the requested record(s), citing the FOIA


Code section that exempts, restricts, or prohibits their release.

a. If only a portion of the record(s) requested are exempt from


disclosure:

1) delete or excise the portion that is exempted, making the


remainder available for release.

2) Attach a written statement identifying that section of the FOIA or


other statute that allows the exemption.

K. If the requested records cannot be identified within five working days:

GO 220, Public Information


4
REVISED: 08/02/2021
1. respond in writing stating this to the requestor

2. with this response, an additional seven work days is allowed to identify


the records and respond to the request

3. in unusual circumstances, a petition may be made by the office to the


appropriate court for more time to respond, if a mutual agreement is
not reached with the requestor.

L. Actual costs for copying records or for staff time spent on researching and
locating records may be recovered from the requestor.

1. Actual costs means the actual cost per page for copying or the hourly
rate of any staff member involved; however, overhead costs are not
included (as electricity, building maintenance, etc.)

2. The sheriff’s office may waive such costs depending upon time
involved and other costs

3. If estimated costs of the reproduction of records will exceed $200.00,


the office may require a deposit not to exceed the amount of the
advance determination. The deposit shall be credited toward the final
cost of supplying the requested records.

M. The Lynchburg Sheriff’s Office does not maintain any criminal incident
records for felonies or any arrest records. These records are maintained
by the Lynchburg Police Department who is the primary law enforcement
agency for the City of Lynchburg.

N. Records of any calls for service or other communication to an emergency


911 system or communicated with any other equivalent reporting system
shall be subject to the provisions of Code of Virginia § 2.2-3706.

O. Protected Records

1. Records of law-enforcement agencies, to the extent that such records


contain specific tactical plans, the disclosure of which would jeopardize
the safety or security of law-enforcement personnel or the general
public.

2. Records of a law enforcement agency to the extent that they disclose


the telephone numbers for cellular telephones, pagers, or comparable

GO 220, Public Information


5
REVISED: 08/02/2021
portable communication devices provided to its personnel for use in
the performance of their official duties.

3. Records of (i) background investigations of applicants for law-


enforcement agency employment, (ii) administrative investigations
relating to allegations of wrongdoing by employees of a law-
enforcement agency, and (iii) other administrative investigations
conducted by law-enforcement agencies that are made confidential by
law.

This policy supersedes all previous administrative directives.

GO 220, Public Information


6
REVISED: 08/02/2021
VFOIA LETTER OF REQUEST

I, _________________________, request the documentation listed below.


I understand that I may be charged for the reproduction of this material.
Prices are listed on the back of this form.

Please be specific about the type(s) of document(s) that you are


requesting.

____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
IF MORE SPACE IS NEEDED, PLEASE WRITE ON THE BACK OF THIS
FORM.

____________________ ______________________________
Date Signature

___________________________
Printed Name
__________________________________________________________
Complete Legal Address:
____________________________________________________________
____________________________________________________________
____________________________________________________________

GO 220, Public Information


7
REVISED: 08/02/2021
COST OF REPRODUCTION OF MATERIAL

Documents

 1 to 5 sheets: Cost $1.00 Per Sheet.

 6 plus sheets: Cost $.25 Per Sheet - plus $8.00 per hour of
work by employee - minimum of $4.00 for less than one hour.

Electronic Data/Storage

 Data Copy: Cost $1.00 per flash drive, (flash drive to be


provided by requestor) - plus $8.00 per hour of work by
employee - minimum of $4.00 for less than one hour.

_______________________________________________________
Continuation of Request from front page.

_____________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

______________________________________________________

_______________________________________________________

______________________________________________________

GO 220, Public Information


8
REVISED: 08/02/2021
Number: Page:
GENERAL ORDER 2-23 1 of 6
Subject: Effective Date: Revised Date:
Computer and Wireless 5/1/2006, 5/6/2010,
Communications 12/14/11, 7/1/15 11/20/2018
Supersedes/
Amends:
Reference: VLEPSC STANDARDS

OPR.01.06
___________________________
Donald T. Sloan, Sheriff
I. POLICY

The Lynchburg Sheriff’s Office supports city policies and procedures


regarding computer use and security. The Office further supports all
applicable state and federal copyright laws and the license agreements of
software manufacturers. In addition, the Office requires that wireless
communications devices be operated and controlled in specific fashion.

II. PURPOSE

To establish policies and procedures regarding the purchase, use,


maintenance, and inspection of Sheriff’s Office computer hardware,
software and wireless communication devices, as well as the use of any
personally owned computer hardware, software, and wireless
communication devices while in a Sheriff’s Office vehicle.

III. PROCEDURES

A. All Sheriff’s Office personnel have access to the PISTOL Records


Management System. The user utilizes his/her badge number to
access the system.

B. While using the Records Management System, all personnel will


adhere to the following policies and procedures.

1. Under no circumstances will any member of this Office use


the password of another deputy.
2. Personnel must log off the system at the end of their work
session.
3. Sheriff’s Office members will not attempt to gain access to
Records Management options that they are not authorized to
perform.

GO 2-23, Computer and Wireless Communications


1
REVISED: 11/20/2018
4. At no time will members of this Office make any changes to
Records Management System terminal configuration
information, physically move a terminal, or connect a new
terminal without prior approval from the Sheriff or his
designee.

IV. CITY NETWORK SERVER

Lynchburg City maintains a network server that expands the use of


personal computers used by the Sheriff’s Office. This enables users of
personal computers to communicate through electronic mail, access the
World Wide Web through the Internet, and utilize additional files for data
storage and retrieval. The use of personal computers is limited to
supervisory personnel only.

Prior to an employee using personal computers and being assigned a City


Internet E-Mail address the employee must acknowledge that they have
read, understand, and will comply with the Sheriff’s Office
Computer/Information Systems Policy as noted below:

A. Electronic Mail (e-mail)

1. E-mail on the city network server is not private and will


typically constitute a public record under the Virginia
Freedom of Information Act.
2. E-mail messages should be for the purpose of conducting
Sheriff’s Office business or communicating with outside
resources.
3. Inappropriate e-mail messages may cause an employee to
be subject to discipline.
4. E-mail messages that are received should be deleted after it
has served its purpose. E-mail messages that are needed
for further use should be moved to a secure location on the
hard drive and archived.
5. E-mail messages that contain programs that will execute in
memory (example filename.exe) will not be opened and
executed on Sheriff’s Office computers without prior
permission in writing from the systems administrator
(Captain). Such files may carry viruses capable of causing
damage to computer hardware and software.

GO 2-23, Computer and Wireless Communications


2
REVISED: 11/20/2018
B. World Wide Web (Internet)

1. The use of the city network server to access the Internet


must support the organizational objectives of this Office.

2. Sheriff’s Office members who access the Internet must abide


by copyright, contract, and other local, state, and federal
laws, as well as city policies.

3. Sheriff’s Office personnel shall not use office computers to


“browse” any sites containing pornographic material.

4. At no time, will programs that will execute in memory be


downloaded from the Internet or any other online source,
without prior permission in writing from the systems
administrator.

5. No PC, which has Internet connectivity, shall have


VCIN/NCIC access.

V. WIRELESS COMMUNICATIONS

Definition: Wireless Communications refer to all devices that transmit


voice, data, or signals via radio signal. These devices include but are not
limited to Smartphones, tablets, GPS, pagers, and radio transmitters, etc.,
whether personally owned or department issued:

A. Radio: Police radio transmitters shall be used in the manner


prescribed by communication guidelines.

B. Cellular or Smart Telephones: Cellular/Smart telephones are issued


to Command Staff to carry out the mission of the Sheriff’s Office.

While it may be necessary to use issued cellular telephones for


personal calls, the telephones are issued for business purposes
and personal use should be held to a minimum.

Personnel are permitted to carry and use personally owned


cellular/smart telephones; however, the same restrictions for use as
stated below will apply.

1. Personnel will use cellular telephones in a manner that is


conducive to the safe operations of motor vehicles. It is
preferable for personnel to pull over safely and park to use
any cellular/smart telephone. This may be waived in an

GO 2-23, Computer and Wireless Communications


3
REVISED: 11/20/2018
emergency situation. The use of blue tooth is highly
recommended. Texting while driving is never permitted.

2. Deputies who have and carry personal telephones may utilize


their cell phones in the performance of their duties. Personal
calls should be held to a minimum. Texting while driving is
never permitted.

3. Confidential conversations should not be held on cellular


telephones as they are not a secure means of communication
and may be monitored.

C. Abuse of Cellular Telephones

1. The Chief Deputy will review cellular telephone bills.

2. Employees exceeding normal billing rates will be interviewed


to determine if valid justification exists for the overuse.

3. When abuse is determined, the employee will be counseled


and the incident documented. Employees failing to correct
the abuse in a timely manner may have cellular telephone
privileges suspended or terminated and may face further
disciplinary action.

D. Wireless Computers: Sheriff’s vehicles are not equipped with


computer terminals. Personal computer terminals and/or tablets of
any type are not allowed to be utilized while operating a Sheriff’s
Office vehicle.

E. Any other personal wireless device not covered in this policy is not
to be utilized without the expressed prior permission of the Sheriff
or his designee.

VI Criminal Justice Information Services (CJIS)

A. Criminal Justice Information Services are available on the computer


designated for that purpose only and will be located in the
Administrative Staff Specialist’s office area. Only certified operators
authorized by the Sheriff or his designee may access the terminal.

B. Media protection policy and procedures shall be documented and


implemented to ensure that access to electronic and physical
media in all forms is restricted to authorized individuals. Procedures
GO 2-23, Computer and Wireless Communications
4
REVISED: 11/20/2018
shall be defined for securely handling, transporting and storing
media according to Criminal Justice Information Services Security
Policy.

C. The Lynchburg Sheriff’s Office shall securely store electronic and


physical media within physically secure locations or controlled
areas. The agency shall restrict access to electronic and physical
media to authorized individuals.

D. The Lynchburg Sheriff’s Office shall protect and control electronic


and physical media during transport outside of controlled areas and
restrict the activities associated with transport of such media to
authorized personnel.

E. “Electronic media” means electronic storage media including


memory devices in laptops and computers (hard drives) and any
removable, transportable digital memory media, such as magnetic
tape or disk, optical disk, flash drives, external hard drives, or digital
memory card. Controls shall be in place to protect electronic media
containing CJI while in transport (physically moved from one
location to another) to help prevent compromise of the data.

F. The controls and security measures also apply to CJI in physical


(printed documents, printed imagery, etc.) form. Physical media
shall be protected at the same level as the information would be
protected in electronic form.

G. The Lynchburg Sheriff’s Office shall sanitize, that is, overwrite at


least three times or degauss electronic media prior to disposal or
release for reuse by unauthorized individuals. Inoperable electronic
media shall be destroyed (cut up, shredded, etc.). The agency shall
maintain written documentation of the steps taken to sanitize or
destroy electronic media. Agencies shall ensure the sanitization or
destruction is witnessed or carried out by authorized personnel.

H. Physical media shall be securely disposed of when no longer


required, using formal procedures. Formal procedures for the
secure disposal or destruction of physical media shall minimize the
risk of sensitive information compromise by unauthorized
individuals. Physical media shall be destroyed by shredding or
incineration. Agencies shall ensure the disposal or destruction is
witnessed or carried out by authorized personnel.

I. Criminal History Information Procedures and


Responsibilities

GO 2-23, Computer and Wireless Communications


5
REVISED: 11/20/2018
1. A deputy may request a criminal history (CCH) regarding a
particular case.

2. Completed criminal histories will be personally returned to


the requesting deputy.
NOTE: A criminal history record shall not be given to non-
criminal justice agencies and shall not be disseminated
by radio or telephone except in an urgent or emergency
situation, or for purposes of officer safety,

3. A record of all criminal history requests will be maintained in


a Criminal History Request Log as specified in the VCIN and
NCIC Manuals.

4. When criminal history records have served the purpose for


which they were intended, they shall be destroyed by
shredding.

5. There will be no unauthorized access or dissemination of


any information obtained from Lynchburg Sheriff’s Office
controlled information systems. Violations will be handled in
accordance with the Code of Virginia and General Order 1-7.
NOTE: Individuals who fail to follow the proper procedures for the
request, use and dissemination of criminal history information will
be in violation of the standards of conduct and could be in violation
of § 9.1-136 of the Code of Virginia, which states that "any person
who willfully and intentionally requests, obtains or seeks to obtain
criminal history record information under false pretenses, or who
willfully and intentionally disseminates or seeks to disseminate
criminal history record information to any agency or person in
violation of this article ... shall be guilty of a class 2 misdemeanor. "

This policy supersedes all previous administrative directives.

GO 2-23, Computer and Wireless Communications


6
REVISED: 11/20/2018
GO 2-23, Computer and Wireless Communications
7
REVISED: 11/20/2018
Number: Page:
WRITTEN DIRECTIVE 2-24 1 of 2
Subject: Effective Date: Revised Date:
6/5/2006 03-10-2015
COMMUNITY RELATIONS Supersedes/
Amends:
Reference: VLEPSC STANDARDS

_________________________
Ronald L. Gillispie, Sheriff

I. POLICY

It is the policy of the Lynchburg City Sheriff’s Office to be pro active as it


pertains to community relations and service to the citizens. Although crime
prevention programs are the responsibility of the Lynchburg Police Department,
sheriff’s office personnel are encouraged to provide crime prevention
recommendations in their daily contact with citizens and to accept the
responsibility of the Sheriff’s Office community relation’s objectives. The office
will establish and maintain working relationships with community organizations
and other community groups. The Sheriff and Chief Deputy will be responsible
for directing all Sheriff’s Office community relations policies and objectives
through the Community Service Coordinators.

II. PURPOSE

The purpose of this order is to establish the Community Relations function of the
Lynchburg City Sheriff’s Office and to provide for its maintenance.

III. PROCEDURE

A. Although all personnel share the community relations objectives, this


function will be the primary responsibility of the Community Services
Coordinator and Assistant Coordinator as directed by the Sheriff and/or
Chief Deputy.

1. Liaison with formal community organizations and other community


groups will be formed under the direction of the Sheriff and Chief
Deputy. These include:

a. Presentations by members to various community groups such as


Citizens Police Academy, school groups, career fairs, etc.

b. The dissemination of current crime prevention information to the


general public through the appropriate media such as the Sheriff’s
Office web site.

c. Involvement in special events and other worthwhile endeavors.

2-24.1
2. All members are responsible for achieving the agency’s community
relation’s objectives.

a. Every contact with a citizen is an opportunity for improving


community relations.

b. Further, all members should be aware of opportunities to gather


citizen input on Sheriff’s Office policies, practices, and procedures
through group activities, complaints, and inquiries, and forward
that input through the chain of command.

3. The Chief Deputy will assist the Community Services Coordinator in


developing the Community Relations policy as a whole.

B. Annually, the Chief Deputy shall assist the Community Services


Coordinators in preparing a report on the activities concerning Community
Relations that may include the following:

1. Concerns voiced by the community;

2. Potential problems that have a bearing on mandated services activities;

3. Recommend actions that address previously identified concerns and


problems;

4. Opportunities to further community relations.

5. A list of all community activities the sheriff’s office was involved with
or represented in by members of the office.

C. The Sheriff’s Office Crime prevention function will provide the following:

1. Targeting programs to address the public safety needs of the community;

2. Evaluating the effectiveness of crime prevention programs; and

3. Assisting in organizing crime prevention groups in residential and business


areas targeted for such activities and maintaining liaison with these and other
interested community groups.

This policy supersedes all previous administrative directives.

2-24.2
2-24.3
Number: Page:
WRITTEN DIRECTIVE 2-25 1 of 6
Subject: Effective Date: Revised Date:
6/5/2006 7/27/2009 8/29/2011
Reviewed by
LINE OF DUTY DEATH Supersedes/ DTS 6/30/15
OR DISABILITY Amends:
Reference: VLEPSC STANDARDS
ADM.23.04 § 19.2-265.01
_________________________ § 15.2-1511
Code of VA §9.1-400
Ronald L. Gillispie, Sheriff
– § 9.1-407 LOD

I. POLICY

It is the policy of the Lynchburg City Sheriff’s Office to assume the responsibility
to provide assistance to the immediate survivors of a deputy who dies or is
disabled in the line of duty. We will provide the amount of assistance that is
appropriate or desired by the family.

II. PURPOSE

This policy is designed to prepare this agency for the event of a deputy’s death or
disability in the line of duty and to direct the Office in providing proper support
for the deceased or disabled deputy’s family.

Initial and refresher training for all deputies on line-of-duty death/disability


benefits will be in accordance with the Code of Virginia.

III. DEFINITIONS

A. Line-of-Duty Death: Any action, felonious or accidental (auto accidents, hit


by vehicle, training accidents, etc.) while on duty. The Sheriff may put
certain parts of this directive into effect in cases of natural or the accidental
death of an office employee.

B. Survivors: Immediate family members of the deceased deputy to include


spouse, children, parents, siblings, fiancée and/or significant others.

C. Line-of-Duty Disability: Claimant’s actions while on duty which results in


disability are investigated by the Sheriff’s Office as directed by the Sheriff
and based upon Code of Virginia 9.1-403 B in a report documenting the
circumstances surrounding the Line of Duty Claim.

D. Determination: When the investigation is complete, the claim, documents


and investigative report will be sent to the Comptroller’s Office with a
letter signed by the Sheriff within 10 business days after completion of the
investigation. Based upon 9.1-404 of the Code of Virginia, disability
determination is the sole responsibility of the Comptroller’s Office.
2-25.1
IV. PROCEDURES

A. Death or Serious Injury Notification – This procedure is followed in cases


of critically injured deputies with poor prognosis or immediate line of duty
death.

1. The Sheriff will be notified immediately.

2. The Sheriff will, upon notification, make the notification in person


with the assistance of the sheriff’s office chaplain (or chief deputy)
if available.

3. If the opportunity to get the family to the hospital prior to the death
of the deputy presents itself, the family will be taken immediately.

4. If the family wants to go to the hospital, they may be transported


via a Sheriff’s Office vehicle. If the family insists on driving their
own vehicle, the Sheriff or Chief Deputy should accompany them
in the family vehicle.

5. Office employees should be aware that in the event of an on-duty-


death, the monitoring of the radio frequencies by the news media
will be extensive. Communications regarding notifications should
be restricted to the telephone wherever possible. The name of the
deceased deputy will not be released to the media before
immediate survivors living in the area are notified. If the media
already has the deputy’s name, they will be requested to withhold
broadcasting it, pending notifications of the next-of-kin.

6. Any notification of immediate survivors beyond the Central


Virginia area should be made by the local law enforcement agency
in that area, unless the family wishes to do it themselves. The
Sheriff obtains the names of relatives to contact from the
immediate survivors and either by phone or Teletype requests a
personal death notification by the appropriate jurisdiction.

B. Assisting the Family at the Hospital

1. The Sheriff, Chief Deputy or Supervisor at the hospital is


responsible for coordinating the arrival of immediate survivors,
police officials, the press, and others. These responsibilities
include:

2-25.2
a. Arrangements with hospital personnel for appropriate
waiting facilities. There should be segregated areas
reserved for:

b. Immediate survivors, the Sheriff and others as requested by


immediate survivors. A separate area or room for fellow
deputies and friends and a press staging area if needed.

c. Ensuring that medical personnel relate pertinent


information on the deputy’s condition to family first.

d. Notifying the appropriate hospital personnel that all billing


for medical services will be directed to the City of
Lynchburg.

e. Arrange transportation for the immediate survivors and


others from the hospital back to their residence.

2. If it is possible for the family to visit the critically injured deputy


prior to death, depending on hospital policy, they should be
afforded that opportunity.

C. Funeral/Office Liaison

1. The Sheriff works closely with the family to ensure the needs and
requests of the family are fulfilled regarding funeral arrangements.

2. The Sheriff directs the funeral activities of the Office and visiting
of Sheriff’s Office personnel and others, according to the wishes
of the family.

3. Within 24 hours, the Sheriff will make appropriate referrals under


the Employee Assistance Program for deputies close to the
incident and referrals for the surviving family if they wish.

4. The Sheriff or Chief Deputy acting as Office Liaison is also


responsible for:

a. Overnight arrangements for travel and lodging for


the out-of-town family members.

b. Expedient provisions for all office resources.

2-25.3
c. A comprehensive survey of alternate churches and reception
halls with seating capacities large enough to accommodate
attendance of a law enforcement funeral. This information is
given to the family as soon as possible to help them decide a
location.

d. Coordinating all official law enforcement notifications and


arrangements for a law enforcement funeral, including
honor guards, pallbearers, traffic control, and liaison with
visiting law enforcement agencies.

D. Family Support Advocate

1. The Sheriff acts as the family support advocate.

a. Being constantly available to the family throughout the


funeral.

b. Meeting with the family and funeral director regarding


funeral arrangements.

c. Relaying all available information to the surviving family


concerning the circumstances of death and any continuing
investigation. The Sheriff should coordinate with
investigating officers and prosecutors to ensure that the
family receives as much information as possible the first
few days, if the death resulted from criminal activity.

E. Benefits Coordinator

1. The Sheriff acts as Benefits Coordinator.

a. Filing worker’s compensation claims and related


paperwork.

b. Gathering information on all benefits/funeral payments


available to the family, including the Public Safety
Officers’ Benefits Act provided by the Justice Department.

c. Preparing a printout or other documentation of the


benefits/funeral payments due the family, listing named
beneficiaries, contacts at various benefits offices, and when
they can expect to receive the benefits; and coordinate with
Human Resources and/or Risk Management.

2-25.4
d. Filing all benefit related paperwork and following through
with the family to ensure that these benefits are being
received.

e. Visiting with the surviving family within a few days


following the funeral to discuss benefits. The prepared
printout and other documentation should be made available
to the family at that time.

f. If there are surviving children from a former marriage, the


guardian of those children should also receive a printout of
what benefits the children will be receiving.

F. Long Term Liaison

1. The Sheriff continues to act as a long-term liaison with the


surviving family. The Sheriff will work closely with the Victim
Witness Coordinator in the Commonwealth Attorney’s Office on
the following:

a. Constant contact with the surviving family to keep them


abreast of any criminal proceedings;

b. Accompany the surviving family to any criminal


proceedings;

c. Cooperation with outside peer groups;

d. Encouraging others to make visits or help with family


needs of the surviving family.

2. Survivors should continue to feel a part of the “law enforcement


family” for which the deputy gave his/her life. The Sheriff should
keep in touch with the family with at least monthly phone calls
through the first year.

3. The Sheriff and others ensure that the anniversary date of the
deputy’s death is observed with a note to the family and/or flowers
sent to the grave.

4. The Sheriff will work with community groups and government


leaders toward the establishment of any appropriate memorial,
plaques or memorabilia and consults the immediate surviving
family members concerning any presentations.

2-25.5
5. The Chaplain for the Lynchburg Sheriff’s Office will make their
presence available to the family per direction of the sheriff for
spiritual help during the initial stages of the deputy’s death and
grief by the family. Should the family desire another minister of a
different denomination or religion the office chaplain shall make
the arrangements for that minister to meet with the family.

G. Disability Investigation

1. The Sheriff will assign an investigator to investigate the


circumstances surrounding the disability claim according to the
Code of Virginia § 9.1-403 B.

2. The Sheriff may request assistance with the investigation of the


circumstances surrounding this disability claim from the Chief of
Police of the Lynchburg Police Department.

3. If not, the Virginia State Police will be called upon to investigate


the circumstances surrounding the disability claim and file report
according to the Code of Virginia in behalf of the Lynchburg
Sheriffs Office.

This policy supersedes all previous administrative directives.

2-25.6
Number: Page:
WRITTEN DIRECTIVE 2-26 1 of 5
Subject: Effective Date: Revised Date:
6/8/2006 1/12/2009,
2/25/2011,
8/29/2014,6/30/15 05-30-2018
Reviewed by
SALARY AND BENEFITS Supersedes/ DTS
Amends:
Reference: VLEPSC STANDARDS
PER.03.01, PER.03.02 PER.03.03
_________________________
Donald T. Sloan, Sheriff

I. POLICY

It is the policy of the Lynchburg City Sheriff’s Office to see that members of the
office are compensated fairly for the duties they perform.

II. PURPOSE

To outline the salary and benefits for members of the Lynchburg City Sheriff’s
Office.

III. PROCEDURES

A. Salary Determination for New Appointees

1. New appointees without prior related experience will be appointed


at the entry level salary for that position. The entry-level salary is
the current salary level approved by the Virginia State
Compensation Board for deputy sheriffs. This appointment would
be for a state funded position. However, new appointees without
prior related experience would be appointed in a vacant city funded
position at the current entry-level salary approved by the Sheriff.
Unless directed by the Sheriff otherwise, all new appointees are
hired in vacant city funded positions first.

2. New appointees who have received basic law


enforcement/Jailor/Court Security training recognized as
comparable to that required by the Commonwealth of Virginia
minimum training standards and who have up to three years of
prior related experience with no more than one year absence from
certified employment immediately prior to appointment with the
Lynchburg City Sheriff’s Office may be appointed at one or two
grades above the entry-level salary upon the recommendation of
the Sheriff and approval of the State Compensation Board for a
state funded position. (A command rank position would be higher).

2-26.1
However, new appointees who have the above-mentioned
experiences that are appointed in a city-funded position will
receive at a higher entry-level salary as approved by the Sheriff.

3. New appointees/hires will receive seven (7) sick days and three (3)
personal days upon their hire date and will earn 8 vacation hours
per month for their first year of service that will be available only
as earned.

B. Benefits

1. The city employee benefits provisions are set forth in the City of
Lynchburg Employee Handbook. (Copy is available in the
Sheriff’s Office). However, sheriff’s office employees do not
receive all city benefits due to being state funded and therefore do
not fall under city policy but adopted sheriff’s office policy for
benefits.

2. Salary differential within and between ranks and for those with
special skills is determined by the State Compensation Board.
Normally, when an employee is promoted from one grade to
another, a pay increase is included. New employees attaining their
anniversary date (1 year) automatically receive a 9.31% pay
increase by the state or the city dependent upon which position
they are in.

3. Compensation time is calculated in compliance with the Fair Labor


Standards Act effective April 15, 1986. (Garcia) Compensation
time is awarded in lieu of wage payments on a time and one-half
basis. Compensation time should be at or below 80 hours, unless
approved otherwise by the sheriff, at the end of the fiscal year
(June 30). Employees with a compensatory leave balance at the
time of termination will receive wage compensation for the
balance as of date of termination.

4. Overtime is computed and paid per the Fair Labor Standards Act
effective April 15, 1986.

5. Administrative Leave

Administrative leave may be assigned by the Sheriff to a member


during an administrative investigation or the investigation of
criminal allegations against a member. Administrative leave may
be with or without pay at the discretion of the Sheriff.

2-26.2
6. Holidays

There are 11 paid state holidays per year and any additional that
the Governor may order. For policy on health, dental and life
insurance please see the City of Lynchburg Employees Handbook.
Sick leave, vacation, utilization of compensation time is based
upon guidelines set by the Sheriff and the State Compensation
Board.

7. Sick Leave

All full-time benefited personnel will receive seven (7) sick days
applied at the beginning of each year. These days may be used, as
needed, for “sick” events throughout the calendar year. Any
unused sick time can be either ‘banked’ at (full value) or credited
toward personal time the following year, i.e. (hour for hour).

Banked hours may be used in the event the employee exhausts


their total benefit hours and need sick leave. ‘Banked’ hours may
also be donated to other employees, who have qualifying
circumstances. Qualifying circumstances do not include general
sick days.

A total of 100 hours beyond earned time may be banked by


employees. Anything beyond 100 hours in an employees bank will
be scheduled for reduction.

8 Personal Leave and earned Vacation Guidelines

All full-time benefited employees receive three (3) personal days


which are applied at the beginning of each year. These days may
be used, as needed, throughout the calendar year, when scheduling
permits. Any unused personal hours may be carried over to the
next year or ‘banked’ at full value.

Vacation time will be earned as follows and is calculated within


the calendar year:

1-5 years of service will earn eight (8) hours per month = 96 hours
annually
6-9 years of service will earn ten (10) hours per month = 120 hours
annually
10-15 years of service will earn twelve (12) hours per month = 144
hours annually

2-26.3
16-19 years of service will earn fourteen (14) hours per month =
168 hours annually
\
20-+ years of service will earn sixteen (16) hours per month = 192
hours annually

Years of service is determined by “all” applicable service in the


law enforcement field prior to and during tenure with the
Lynchburg Sheriff’s Office.

Vacation hours are earned and calculated on a monthly basis.


Upon termination of employment, employees will be paid for any
unused vacation hours that have been earned as of the last day
worked. If more vacation hours have been taken than were earned
as of the termination date, the unearned vacation amount will be
deducted from the employee’s final paycheck.

Sick, vacation, personal or comp hours may be used, as necessary,


to deal with a family illness, however, if an employee uses their
sick time to be with a family member and then they become ill, any
time off will be deducted from vacation, personal or comp time
that the employee has available. Employees will NOT be able to
borrow against next year’s time unless authorized by the Sheriff.
Once earned time/hours have been depleted, any time absent from
work will be without pay for the remainder of that calendar year.

All time off requests are directed to the scheduling supervisor and
must be made at least 24 hours in advance. Anyone calling in sick
should make contact with the scheduling Lieutenant or their
supervisors by cell phone or home phone.

9. Funeral Leave

Funeral leave is leave with pay granted (at the discretion of the
Sheriff or his designee) to employees holding a full-time benefited
position upon the death of an employee’s immediate family for the
purpose of attending services, handling the affairs of the deceased
or similar needs. For funeral leave, immediate family is defined as
the employee’s spouse, parent, child, brother, sister, grandparent,
grandchild, brother or sister in-law, son or daughter in-law, and
guardian, and equivalent step-relations, or the employee’s spouse’s
parents, children, brothers, and sisters.

2-26.4
Upon supervisor notification funeral leave may be granted for up
to three consecutive work days or (24) hours for the death of
immediate family or up to five consecutive work days or (40)
hours in the event that the deceased resided in the same household
as the employee. If the employee wishes to take any additional
time off beyond the time granted, he/she may request
vacation/personal time off based on availability.

10. Military Leave - All Sheriff's Office employees who are formal
(regular or reserve) members of the United States armed services
shall be entitled to leaves of absence from their respective duties,
without loss of seniority, accrued leave, or efficiency rating, on all
days during which they are engaged in federally funded military
duty. There shall be no loss of pay during such leaves of absence
(active military tours, reserve training, etc.), except that paid leaves
of absences shall not exceed fifteen workdays per federal fiscal
year. When relieved from duty, they shall be restored to positions
held by them when ordered to duty.

Further information concerning the Sheriff's Office Military Leave


Policy (as mandated by the State) can be obtained from the Code
of Virginia, 1950, as amended.

11. The Virginia Retirement System (VRS) exists to provide members


with benefits at retirement, or upon disability or death. The Code
of Virginia governs benefits under VRS. (A Copy of the VRS
handbook is available on line and in Sheriff’s Office)

12. Virginia’s Division of Risk Management plan provides liability


protection coverage for actions of deputies in the performance of
their duties, which may be challenged by legal action. Illegal acts
committed by a member of the Sheriff’s Office are not covered by
the liability plan.

13. The City of Lynchburg Educational assistance program does not


include constitutional offices.

14. The Lynchburg Sheriff’s Office follows all guidelines as noted in


the Lawful Employment Practices for Law Enforcement Personnel
given by the State Compensation Board attorney. (See Sheriff’s
manual).

This policy supersedes all previous administrative directives.

2-26.5
Number: Page:
WRITTEN DIRECTIVE 2-27 1 of 2
Subject: Effective Date: Revised Date:
6/5/2006

DISCRIMINATION Supersedes/ Reviewed


Amends: 05-01-2015
Reference: VLEPSC STANDARDS
PER.02.01-02.03
_________________________
Ronald L. Gillispie, Sheriff

I. POLICY

The Sheriff’s Office policy is to provide a professional, businesslike work


environment free from all forms of employee discrimination. Discrimination will
be treated as misconduct with appropriate disciplinary sanctions.

II. PURPOSE

To establish office policy concerning allegations of discrimination, describe


reporting procedures, assign personnel to investigate allegations, ensure
confidentiality, and define the term.

III. PROCEDURES

A. Discrimination in the Lynchburg City Sheriff’s Office is strictly


prohibited.

B. A member of the Sheriff’s Office who believes he/she has been


discriminated against because of age, race, creed, or national origin shall
contact their immediate supervisor. The member shall submit a
memorandum to the Sheriff, through the chain of command, detailing the
circumstances.

C. Members shall report all allegations of discrimination immediately. Such


reports will initiate a confidential internal investigation.

D. The Sheriff shall immediately take action to limit the concerned member
from any further work contact.

E. The Sheriff shall have an internal investigation immediately initiated to


investigate the allegation.

F. If the allegation involves the Sheriff, the complainant shall present the
allegation without delay to the Commonwealth’s Attorney.

2-27.1
G. The Chief Deputy, under direction of the Sheriff, shall investigate all
reports of discrimination within the Sheriff’s Office.

1. Complaints will be promptly and completely investigated, and


immediate and appropriate action will be taken.

2. Investigations of discrimination will be held in the strictest


confidentiality.

a. Written statements or correspondence relating to an


investigation into a complaint of discrimination will be
maintained in locked files by the Sheriff or Chief Deputy.

b. Reports on investigations of discrimination in the work


place will be submitted directly to the Sheriff by the Chief
Deputy.

H. If the Chief Deputy is the subject of the allegation, the Sheriff will
designate another ranking member of the agency to investigate the
allegation or handle it himself.

This policy supersedes all previous administrative directives.

2-27.2
Number: Page:
WRITTEN DIRECTIVE 2-28 1 of 11
Subject: Effective Date: Revised Date:
INCIDENT REPORTING 6/8/2006
RECORDS Supersedes/ Reviewed
Amends: 03-12-2015
Reference: VLEPSC STANDARDS
ADM.25.01 - .03 ADM.25.06 – 12
_________________________ OPR.03.01 - .04 OPR.02.06
Ronald L. Gillispie, Sheriff

I. POLICY

The Lynchburg City Sheriff’s Office shall maintain a records system, the content
of which shall be consistent with its mission as a court services agency. Incidents
do arise that require documentation for the purposes of further investigation,
criminal intelligence and protection of the agency from civil liability. In all
circumstances involving criminal cases and traffic crash investigations; the
Lynchburg Police Department will be notified to respond to conduct any formal
or follow-up investigations. Sheriff’s Office personnel are only authorized to
conduct preliminary investigations should the need arise.

This directive shall detail the order of the reporting system to include the
establishment of a unique numbering series, the content required to be contained
within the report and the occasions in which, the deputy must generate a report.

II. PURPOSE

The purpose of this directive is to establish the reporting and record keeping
system of the Sheriff’s Office.

III. PROCEDURE

A. Report Format

1. The Sheriff’s Office shall utilize an Incident/Offense report styled


format for the documentation of non-reportable (CCRE) incidents
involving sworn personnel. The format can be accessed through
the office computer system (template). The document shall bear
the agency name. It shall be entitled in bold capital letters and
underlined on an 8½” x 11 sheet as INCIDENT/OFFENSE
REPORT.

2-28.1
2. All incident and IBR reports will be reviewed by a supervisor prior
to submission. All deputies utilizing the IBR reports will complete
their original copy and have a Supervisor review the report. Once
reviewed and initialed the report can be disseminated or filed as
dictated by elements of the incident reported.

3. Reportable incidents involving sworn law enforcement certified


personnel should be written on the IBR report forms and format
from Lynchburg Police Department. The number will be assigned
by LYNCOM and the original report left at the complaint desk to
be filed. A copy of the IBR report should be made for the
reporting officer and for the file at the Sheriff’s Office. The copy
for the sheriff’s office file will also be numbered by the
“Complaint Control Log” and filed at the designated place at the
sheriff’s office. This allows a copy of the IBR report to be
available and cross referenced by the office.

4. Training for the IBR report format will be conducted by members


of the Lynchburg Police Department for those deputies who will
utilize this form.
5. Each incident report shall be sequentially numbered using the
following method:
2006 (INDICATES YEAR) 001 (INDICATES SEQUENTIAL
NUMBER): FOR EXAMPLE: 2006-001.

B. When Reports Are Required

1. An incident report shall be completed by the sworn employee of


the Lynchburg City Sheriff’s Office during the following situations
or occurrences:

a. Any incident which involves an arrest, summons or citation


effected by a sworn employee; any criminal act committed
in the deputy’s presence shall require an IBR filled out,
reviewed and entered at the complaint desk of Lynchburg
Police Department or non-criminal occurrence which may
affect safety, efficiency or reputation of the Sheriff’s Office
shall be documented by incident report. A copy of a
summons or citations will be turned into the office for
documentation.

b. A citizen report of crime.

2-28.2
c. Any unusual occurrence that takes place anywhere within
the Lynchburg Courthouses whether during trial
proceedings or daily routine operations (examples: medical
emergencies, management of courtroom
disorder/outburst/or other situation arising during
proceedings). Any problem or unusual occurrence with
civil process or transportation of inmates shall be reported
utilizing the Incident/Offense Report form.

d. Any noticeable breach of security that has the potential to


adversely impact the courts, judges, support personnel and
other persons having business within the courthouses;

e. Any threats made against the courts, judges, sheriff’s office


or police personnel (see a above)

2. All other requests for services shall be documented by memo or


referred directly to the Chief Deputy or Captain for processing
and/or fulfillment.

C. Handling Vice/Drug/Organized Crime Complaints

1. Generally, when a sworn employee receives information from a


person with reference to crimes related to vice and/or drugs, or any
criminal activity the person is directed to contact the Investigations
Division at (434) 455-6053 or Vice and Narcotics Division of the
Lynchburg Police Department at (434) 455-6056. In the event
that the person is, for whatever reason incapable or incapacitated
from doing this, the deputy shall take the information and generate
an incident report. The report shall be forwarded to the Chief
Deputy, the Sheriff and subsequently to the Police Department for
investigation.

2. Information consistent with the existence of organized crime


activities that is occurring within the City of Lynchburg shall be
forwarded to the Office of the Chief of Police of Lynchburg Police
Department, forthwith. Information relative to activities outside of
Lynchburg shall be referred to the Virginia State Police at their
headquarters in Appomattox, Virginia.

3. Any information that is received by a sworn employee of the


Sheriff’s Office that relates to immediate newsworthy incident,
serious criminal offenses, drug activity, vice, organized crime or of
any confidential nature shall be provided to the Sheriff as soon as
practicable.
2-28.3
If the Sheriff deems it appropriate, the employee may be required
to complete an incident report concerning the information received
and will determine its dissemination.

D. Handling Informants

The development and use of confidential sources of information or


informants is not a primary function of the Lynchburg Sheriff’s Office
per se since we do not have patrol deputies and are not the primary law
enforcement agency for the City of Lynchburg. However, because of
the nature and responsibilities of the Sheriff’s Office, deputies may
come in contact with individuals that will have useful information.

If an individual provides information that affects the safety of officers or


others, or the security of any facility (possession of weapons, planned
assaults or escapes, etc.). The deputy will forward that information
immediately to their supervisor and the affected facility. The supervisor
will follow-up to insure that the information is directed to the proper
authority.

When an individual is identified who offers confidential (drug


possession, gang or criminal activity, etc.) information requiring follow-
up investigations, the deputy will refer the individual to the primary law
enforcement agency for the jurisdiction involved.

1. If any Sheriff’s Office employee should identify an informant that


may be utilized for the purpose of conducting a criminal
investigation, that informant shall be turned over to the primary
law enforcement agency, the Lynchburg Police Department, for
their utilization.

The Lynchburg Police Department maintains an Informant Master


File through the Investigations Bureau. If appropriate, the
employee may be required to complete an incident report
concerning the information received.

2. However, if the informant “only” desires contact through the staff


member of the Lynchburg Sheriff’s Office the deputy shall follow
the following guidelines:

a. Deputies are cautioned to determine the motivation of


individuals who provide or desire to provide information in
order to help evaluate that information and the intent of the
informant.

2-28.4
b. The deputy shall gather and document all information from
the informant by incident report. The Lynchburg Police
Department Investigations Captain will be notified at (434)
455-6053 and advised of the Confidential Informant and
their desire to work through the sheriff’s office. The name
of the informant will be provided to the Lynchburg Police
Department for them to cross reference with their
Informant Master File.

c. If it is determined that the informant will be utilized a file


will be started by the Lynchburg Police Department to
include the informants identity, background information,
verification of criminal history checked and code name or
number assigned to the deputy’s informant to be included
in the master file at LPD.

d. Lynchburg Police Department investigators will review and


maintain the Confidential Informant file for accuracy and
completeness and document the appropriate information in
their C.I. log. They will request additional information if
needed from the deputy involved.

e. Information on any informant developed by a Sheriff’s


Office employee and utilized by LPD will be kept
confidential including their identity and code name with
only the deputy their supervisor, the Sheriff or the Chief
Deputy involved. All original reports generated from an
Informant will be filed with LPD and a copy kept locked in
the Chief Deputy’s office.

f. Confidentiality must be maintained and deputies will


refrain from discussing informants, information provided,
or cases they are involved in when inappropriate or with
those not directly involved in the case.

g. The deputy shall not make any promise of any kind to the
informant for their cooperation or information. The
informant’s cooperation and information will be voluntary
and without any remuneration, gifts or special
considerations except for issues regarding their safety.

2-28.5
h. If credible information is gathered from the informant, the
deputy will assist the Lynchburg Police Department
investigators with this information and further
questioning of the informant until the deputy’s services
are no longer needed or required.

i. The deputy shall continue their information gathering until


such time as the informant can be turned over to Lynchburg
Police Department or the informant proves to be unreliable
or of no law enforcement value with their information.
At that time the relationship will be terminated and an after
action report written detailing the conclusion of the
investigation.

j. The Sheriff and Chief Deputy will be informed of the


progress and conclusion of all informant situations.

3. Special Considerations: The use of any confidential informant is


an issue which must be approached with a great deal of caution.
However, there are certain types of individuals, who when used by
law enforcement officers as confidential sources of information,
require even stricter usage guidelines. Some situations which
require special consideration are:

a. Juveniles: While juveniles often prove to be excellent


sources of information, the possible liability attached to their
use often outweighs the potential benefits. The soliciting or
receiving of information from juveniles usually does not pose
any particular danger to the youth, nor the deputy, as long as
the information is used as intelligence to support evidence
gathered from other sources or as a basis to begin an
investigation, as long as the source of the information is
kept highly confidential and the identity of the subject is
not revealed and court testimony is not required.

However, when a juvenile is recruited and/or operates as an


informant (agent) for a deputy, the liability incurred can be
enormous. Therefore, the use of any juvenile as a
confidential informant is discouraged, except under the most
extreme of circumstances, where other investigative means
are unavailable or would be clearly ineffective.

2-28.6
Under such circumstances, the use of a juvenile will take
place only after the Sheriff, Investigations Captain of L.P.D.
and either the parent(s) or Juvenile Court Officer have been
briefed on the situation and approved. (Note: The parent(s)
of a potential juvenile informant will always be notified,
except in situations where such notification could result in
harm to the juvenile. In such situations the Juvenile Court
Officials may be consulted in lieu of the parent(s).

b. Probation/Parole: As in the case of juveniles, the obtaining


of information from subjects on probation and/or parole is
authorized and poses no greater risk than normal adult
informants. However, when subjects on probation and/or
parole are used as confidential informants and given direction
by deputies, another unique problem arises. Conditions of
probation and parole prohibit the association with known
felons and subjects engaged in criminal activity, and forbid
the individual from activity participating in any criminal act.

Therefore, to request or accept an offer of an individual on


probation or parole to intentionally associate with persons
engaged in criminal activity and/or engage in criminal
activity himself, exposes the subject to a great deal of legal
liability and could result in the deputy being held both civilly
and criminally liable for his actions. In all situations where a
subject on probation and/or parole is used for anything other
than the provision of information, the Sheriff and the
Investigations Captain of L.P.D. shall be notified and briefed
on the situation. If, in the opinion of the Sheriff and the LPD
Captain, use of the subject is vital to the investigation, the
LPD Investigations Captain shall take the appropriate steps
necessary to obtain permission from the appropriate
probation and/or parole officials. The use of the individual
concerned will cease until notification from the Sheriff and
the Captain of Investigations at L.P.D. that such use is
approved and will be facilitated by the police department.

c. Members of Opposite Sex: Any deputy utilizing a member


of the opposing sex as a confidential informant shall exercise
extreme caution in such dealings in order to prevent the
allegations of sexual misconduct. As a precautionary
measure, any meetings with an informant of an opposite sex
than the deputy working the informant shall be held in the
presence of another law enforcement officer.

2-28.7
In addition, deputies dealing with informants shall be
constantly alert for individuals exhibiting abnormal sexual
preferences. When such persons are encountered, the same
precautions as mentioned for dealing with members of the
opposite sex shall be employed.

E. Criminal/Incident Records Management System

1. All arrests affected by sheriff’s office employees requiring the


generation of Virginia Central Criminal Records Exchange
(CCRE) documentation shall originate from the complaint desk of
the Lynchburg Police Department. The sheriff’s offices ORI
number (VA1140100) shall be utilized as an identifier for this
agency.

2. All arrest data for an incident that is initiated and affected by a


City of Lynchburg Sheriff’s sworn employee shall be recorded at,
maintained in and reported from the police department in the
format, IBR report form, as mandated by Virginia Central Criminal
Records Exchange. This shall include the following:

a. the assignment of an arrest number;

b. creation of a criminal history file for each person under


custodial arrest with a copy of the incident report included;

c. completed fingerprint/palm print cards and photograph of


arrestee.

3. Sheriff’s deputies are not authorized to investigate traffic crashes.


However, the agency is accorded access to traffic accident data,
enforcement data, and roadway hazard reports upon request to the
Lynchburg Police Department.

4. By mutual agreement, records of arrest or wants/warrants are


accessible at the police department complaint desk 24 hours a day.
Wanted checks can be made in person, by radio or telephone
communication. If needed, the sheriff’s office is accorded access to
enter notices in regional, state and federal systems through the
police department.

a. The police department regularly provides teletype


information as applicable to the sheriff’s office (receiving
information from other jurisdictions, verifying/canceling
information if necessary).

2-28.8
F. Records Security, Distribution, and Access

1. Incident reports generated by sheriff’s office employees shall be


filed within the Sheriff’s office at the designated location. The
location shall provide adequate security of contents
(records/reports) to prevent unauthorized access or inadvertent
dissemination.

2. Arrest records having origin from the Sheriff’s Office are


maintained within the Lynchburg Police Department and in secure
areas as required by the Code of Virginia. (by mutual agreement
and common practice).

a. Adult arrest/report records - copies

Copies of Adult arrest/report records are maintained at the


Secretary II’s desk in a locked file cabinet and will be
distributed only in accordance with FOIA and Lynchburg
Police Department Policy.

b. Juvenile arrest/report records - copies

Copies of Juvenile arrest/report records are maintained at the


work station area of the Secretary II and Administrative Staff
Specialist located in a locked file cabinet different and
separate from Adult arrest/report records and will be
distributed only in accordance with FOIA and Lynchburg
Police Department Policy.

3. Any request for the release of information contained within


records pertinent to activities of sworn personnel of the Lynchburg
City Sheriff’s Office shall be governed by the content of the
Virginia Freedom of Information Act (FOIA) as contained within
the Code of Virginia and the regulations of the Central Criminal
Records Exchange. (See G.O 2-20.1-3)

a. Ultimately, incident reports, information and records shall be


distributed at the discretion of the Sheriff adhering to FOIA
standards.

4. All records maintained within the Office of the Sheriff are retained
according to the schedules for retention as published by the
Virginia State Library in accordance with the Code of Virginia.

2-28.9
5. Warrants, reports, or court papers of a sensitive nature shall be
hand carried to the appropriate source i.e.; Police complaint desk,
Clerk of Court, Commonwealth Attorney. Papers or reports
destined for surrounding jurisdictions are handled through the
departmental mail system, which is disseminated by Sheriff’s
Office personnel.

F. Undetermined Jurisdiction –reports received

1. Should an incident be reported in which jurisdiction cannot be


readily determined, the deputy taking the complaint shall
determine with specificity, landmarks such as businesses and other
geographic features in order to aid in the determination.
Information will be immediately relayed to the Sheriff’s Office
dispatch center and LYNCOM dispatch center. An incident report
will be written to document incident for future reference and
training.

G. Report Content

1. At minimum, the following information as applicable to a


given situation shall be required for the completion of an
incident report:

a. Description of the circumstances or incident type and


location. Example: “this report is in reference to an
assault that occurred in the hallway outside of Circuit
Court Courtroom A”.

b. Identification of complainant, victims, witnesses and


assisting sworn personnel present at or having direct
involvement in the incident.

c. The date and time of the incident to include the time


(and date) at which the sheriff’s office employee
became aware of the situation. Dispatch times (if
applicable) deputy arrival and return to service times
will be documented by report and radio log.

d. Action taken, advice given or any other response


initiated by the deputy.

e. Any and every use of force, threat of force, type of force


applied (if any) and any resulting injury(s) to the
prisoner/accused.

2-28.10
f. Any assault inflicted upon or wounding/injury sustained
by a Lynchburg Sheriff’s Office employee.

g. Any damage(s) caused to sheriff’s office equipment to


include vehicle crashes involving sheriff’s office
vehicles.

h. In the event of the escape of a prisoner, a comprehensive


narrative of the course of events, which led to the escape
and subsequent efforts made to recapture the individual.

i. Any pertinent detail that would be essential to a


complete report

j The sheriff’s office is not currently equipped with a


CAD dispatch system.

2. Upon completion, all incident reports shall be submitted to


the Field Sergeant or Lieutenant for scrutiny.

3. The Lieutenant or Captain shall forward an approved


copy to the Chief Deputy and Sheriff. An approved copy
shall also be filed at the designated location in the office.

a. If a custodial arrest occurs, a copy of the Lynchburg


Police Departments IBR form will be filled out and a
number from LYNCOM will be utilized for the report.
Non-arrest reportable situations will be documented
through the Lynchburg Sheriff’s Office Incident Report
and shall be submitted through established channels to
the Sheriff.

b. The Lynchburg Sheriff’s Office Incident/Offense


Report will be utilized for internal and external use for
the office. Issues of unsecure areas, unlocked doors,
maintenance and equipment needs, safety hazards,
operational problems with the security checkpoints just
to list a few incidents where this report will be utilized.

This policy supersedes all previous administrative directives.

2-28.11
Number: Page:
GENERAL ORDER 2-29 1 of 6
Subject: Effective Date: Revised Date:
8/11/2006 / 4/1/2015 07/01/2021
JUVENILE OPERATIONS Supersedes/
Amends:
Reference: VLEPSC STANDARDS
OPR.04.01-04.03 ADM.25.03

_________ OPR.07.03
Donald T. Sloan, Sheriff

NOTE
This order is for internal use only, and does not enlarge a deputies civil or
criminal liability in any way. It should not be construed as the creation of a
higher standard of safety or care in an evidentiary sense, with respect to
third-party claims. Violations of this directive, if proven, can only form the
basis of a complaint by the Sheriff’s office, and then only in a non-judicial
administrative setting.

I. POLICY

The Lynchburg City Sheriff’s Office as a course of its regular mission


comes into frequent contact with juvenile offenders, either through the
Juvenile and Domestic Relations Court, or by way of transports to
institutions. Regardless of the situation, juveniles will be treated with the
same care, dignity and respect accorded to all other persons.

Juvenile offenders in the custody of Sheriff’s Office personnel will be


securely restrained during transports. In the event that a deputy
witnesses or receives a citizen report of an incident that involves a
juvenile(s) in the commission of an act that would be considered criminal,
the sworn employee should immediately contact the police department for
response and handling and contain the situation until their arrival. For
infractions and minor violations, the deputy may provide counseling,
warnings, parental notifications or other criminal justice system referral for
the youth in need of services.

Among the goals and objectives of the Office of the Sheriff, a major
consideration and effort is applied to the prevention and/or minimization of
juvenile delinquency through several venues: Employees must carefully
measure their interactions with all juveniles, regardless of their status (in
custody/non-custodial). Being a role model for all youth is important. The
most significant lesson that we as law enforcement practitioners can relay
to youth is the necessity for their respect for bona fide authority. This
GO 2-29
Juvenile Operations
1
Revised: 07/01/2021
lesson is taught through our words, deeds, and professional actions.
Sharp, crude or biting language must be avoided at all times; but this
regulation is intensified when a Sheriff’s Office employee is in proximity to
a juvenile.

The Sheriff’s Office and all its members are committed to serving youth
through our participation with other agencies that have youth focused
programs designed to prevent and control juvenile delinquency.

II. PURPOSE

This directive shall prescribe the procedures for handling of juveniles.

III. PROCEDURE

A. Custodial Imperatives

1. In no case shall a juvenile known or believed to be under


the age of eighteen years old (18 yrs) be transported with
adults suspected of or charged with criminal acts.

2. Juveniles shall be restrained at all times with the approved


devices during transport, while in custody or otherwise
outside of the detention area. Exception to this regulation
applies to court appearances, unless the Court approves in
advance, the application of restraints.

3. Juveniles being received into custody shall be thoroughly


searched for weapons, contraband or other potentially
harmful device/agent/substance before placement into a
Sheriff’s Office vehicle, detention area or other area.

4. Deputies will exercise care and deliberation in the usage of


words when conversing with the juvenile in custody. The
juvenile will be accorded appropriate care and treatment at
all times.

B. Handling Violations, Infractions and Criminal Acts by


Juveniles

1. Should a deputy encounter youth engaged in activity which


albeit not of a criminal nature but potentially harmful to the
health and well being of persons, the deputy may intervene
by providing admonition to the youth, brief counseling, and
GO 2-29
Juvenile Operations
2
Revised: 07/01/2021
or making parental notification or referral to court services
unit.
2. Determine whether the juvenile is alleged to have engaged
in non-criminal misbehavior (a status offense).

3. Determine whether juvenile is alleged to have been harmed


or to be in danger of harm.

4. Traffic infractions and violations should be handled by the


deputy witnessing the incident. All appropriate actions
allowed by law should be used depending upon the nature
and seriousness of the offense.

5. With regard to the commission or alleged commission of


criminal acts on the part of youth, the deputy’s actions shall
be based upon the degree of seriousness as to a course of
action. Personnel are reminded of the primary mission of
the Lynchburg City Sheriff’s Office as a court services
agency. Primary law enforcement responsibility is carried out
by the Lynchburg Police Department. Only under the most
serious of circumstances should a Lynchburg Sheriff’s
deputy affect the taking into custody (arrest) of a juvenile
offender. The deputy’s role is to restore order, identify
violators, witness and render aid to the injured as applicable.
The police department, by primary law enforcement
responsibility, will initiate the primary response and
investigation of the situation. This includes custodial actions.

6. In the event that it becomes imperative that custodial action


be taken on the part of the deputy, §16.1-246 of the Code
of Virginia and its subsequent sections and revisions shall
be followed. Immediate contact shall be made with the
Lynchburg Court Services Unit for instructions during normal
business hours. For serious felonies that occur after hours
when dealing with Juveniles a video intake will be held at
Lynchburg Police Department with the juvenile services unit
on-call. If it is not a felony or serious misdemeanor the
deputy may release the juvenile into the custody of their
parent or legal guardian and obtain petitions the next
business day or as soon as practical.

7. Any contact or interaction of an enforcement nature taken by


a sworn employee of this office, involving youth, shall be
documented by the completion and submission of the

GO 2-29
Juvenile Operations
3
Revised: 07/01/2021
Sheriff’s Office Incident Report and a Lynchburg Police IBR
report, if an arrest is made.

8. Arrest records having origin from the Sheriff’s Office are


maintained within the Lynchburg Police Department and in
secure areas as required by Accreditation standards and (by
mutual agreement and common practice). Copies of arrest
reports/records are also maintained at the Sheriff’s Office in
secure, separate from adults records, locked area.

9. Juvenile arrest/report records - copies

Working copies of Juvenile arrest/report records are


maintained at the work station area of the Secretary located
in a locked file cabinet different and separate from Adult
arrest/report records and will be distributed only in
accordance with the Code of Virginia, FOIA, and Lynchburg
Police Department Policy.

C. Custodial Considerations

1. No juvenile may be taken into immediate custody except


under the circumstances detailed in §16.1-246 of the Code
of Virginia.

2. Should it become necessary for a deputy to take custody of


a juvenile under the situations outlined in the code section,
due regard will be applied and given to the following
concerns:

a. Ensuring that the constitutional rights of juveniles


are protected; the concerns of the deputy should
focus upon extreme care in the questioning of the
juvenile. Virginia Code § 16.1-247.1 states that
prior to any custodial interrogation of a child by a
law-enforcement officer who has arrested such child
pursuant to subsection C, CI, or D of § 16.1-246, the
child’s parent, guardian, or legal custodian shall be
notified of his arrest and the child shall have contact
with his parent, guardian, or legal custodian. The
notification and contact required by this subsection
may be in person, electronically, by telephone, or by
video conference.

GO 2-29
Juvenile Operations
4
Revised: 07/01/2021
If interrogation is necessary, deputies are reminded
to maintain close attention to the length of the
session (duration) and the number of enforcement
personnel present as these issues could have
adverse impact upon the juvenile and subsequent
court proceedings.

b. The juvenile shall be brought forthwith to the


juvenile intake office unless there is a need for
immediate medical attention.

c. It will be the responsibility of the deputy to notify the


parent or legal guardian of the juvenile concerning
the situation. They should be directed to come
immediately to the intake office.

3. The filing of a petition may not be necessary according to:

a. Code of Virginia § 16.1-260 H:

(1) In cases of violations of the traffic laws, including


offenses involving bicycles, hitchhiking and other
pedestrian offenses, game and fish laws, or a
violation of the ordinance of any city regulating
surfing or any ordinance establishing curfew
violations, animal control violations, or littering
violations.

(2) In such cases the court may proceed on a


summons issued by the officer investigating the
violation in the same manner as provided by law
for adults.

(3) Additionally, an officer investigating a motor


vehicle accident may, at the scene of the
accident or at any other location where a juvenile
who is involved in such an accident may be
located, proceed on a summons in lieu of filing a
petition.

4. Shelter Care Orders:

Upon taking a juvenile into custody on a shelter care order,


he or she is to be transported to the location directed on the
order.
GO 2-29
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Revised: 07/01/2021
5. Detention Orders:

Upon taking a juvenile into custody on a detention order, he


or she is to be transported to the location directed on the
order; there should be three copies of the order with one
going to the detention facility, one to the juvenile and one
(the original) having service noted and then returned to the
court.

If the juvenile has turned 18 years of age when arrested, he


or she is to be held at the Lynchburg City Jail (Blue Ridge
Regional Jail Authority). Transport to the BRRJA intake not
the Detention Home. THE ORDER MUST STATE “JAIL IF
OVER 18” OR THEY CAN’T BE ACCEPTED AT THE
REGIONAL JAIL.

6. Runaways:

When taking a juvenile into custody that has been reported


as a runaway, he or she is to be returned to the person or
facility that reported them as a runaway unless there are
other orders on file for the juvenile.

You should check locally and through NCIC/VCIN for


runaway status on any juvenile that you take into custody.

This policy supersedes all previous administrative directives.

GO 2-29
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6
Revised: 07/01/2021
Number: Page:
GENERAL ORDER 2-30 1 of 2
Subject: Effective Date: Revised Date:
ASSISTANCE TO 6/8/2006, 03-10-2015 07-17-2018
VICTIMS/WITNESSES Supersedes/
Amends:
Reference: VLEPSC STANDARDS
ADM.23.01 - .03
_________________________
Donald T. Sloan, Sheriff

I. POLICY

The employees of the Lynchburg Sheriff’s Office encounter and interact on a


daily basis with both crime victims and witnesses. It is realized that in many
cases there is or has been physical and emotional trauma inflicted upon human
lives. Given this condition, it shall be the policy of the Office of the Sheriff to
lend assistance to such persons as is consistent with the mandates of the Code
of Virginia and more so, the code of showing compassion and kindness to our
fellow man in time of need.

The Office of the Commonwealth’s Attorney of the City of Lynchburg


maintains and staffs an office for the specific needs of victims and witnesses.
This office is located within the Monument Terrace building on the third
floor. All inquiries and requests for services shall be directed to this office
(Victim/Witness Assistance Program).

II. PURPOSE

The purpose of this policy is to describe the responsibilities of Sheriff’s Office


employees when encountering persons in need of victim/witness assistance.

III. PROCEDURE

1. When an employee encounters, meets with or upon receipt of any verbal


inquiry from a victim of or witness to crime concerning guidance in what
to do, where to go, who to see for the purpose of aid, assistance and
counseling, the following procedure shall be adhered to:

a. Provide directions to or if appropriate accompany the requesting


party to the Office of the Victim/ Witness Assistance Program for
the City of Lynchburg located in the Commonwealth’s Attorneys
Office.

GO 2-30
Assistance to Victims/Witnesses
1 Revised 07/17/2018
b. Give a copy of Lynchburg Police Department’s most current
Victim/Witness Information Form to the Victim/Witness regarding
specific information, directions and phone numbers of services
available to them.

c. For Victim/Witness assistance, the Lynchburg Sheriff’s Office will


utilize Lynchburg Police Department’s most current
Victim/Witness Information Form for dissemination to those in
need of assistance. Copies of this form are made available at the
Sheriff’s Office and are to be maintained in sheriff’s vehicles. Any
questions regarding this form and its utilization need to be directed
to your supervisor.

2. The Code of Virginia relative to services and aid provided on behalf of


victims and witnesses of crime is incumbent upon employees of the
Sheriff’s Office (§ 19.2-11.01).

This policy supersedes all previous administrative directives.

GO 2-30
Assistance to Victims/Witnesses
2 Revised 07/17/2018
GO 2-30
Assistance to Victims/Witnesses
3 Revised 07/17/2018
GO 2-30
Assistance to Victims/Witnesses
4 Revised 07/17/2018
GO 2-30
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5 Revised 07/17/2018
Number: Page:
WRITTEN DIRECTIVE 2-31 1 of 3
Subject: Effective Date: Revised Date:
6/8/2006
Reviewed
INCIDENT MANAGEMENT Supersedes/
Amends: 03-12-2015
Reference: VLEPSC STANDARDS
OPR.02.01; OPR.02.02
_________________________
Ronald L. Gillispie, Sheriff

I. POLICY

An incident shall be defined as an occurrence not consistent with the routine


events or norms of a given day during on-duty status, coming to the attention of a
Lynchburg City Sheriff’s Office employee; the event may or may not be of a
criminal nature. Given this definition, it shall be the policy of the Sheriff’s Office
to be prepared to serve in a professional, just and timely manner.

Incidents coming to the attention of sheriff’s office employees that involve the
commission of a criminal act or the allegation of criminal activity shall require the
immediate notification of the police department for response and handling. As a
court services oriented sheriff’s office, this agency is not established to conduct
preliminary or formal investigation of criminal incidents. However, there will be
detailed within this policy certain responsibilities incumbent upon sheriff’s office
employees that will serve to aid police department efforts with regard to the
occurrence of a criminal incident.

An incident that is not of a criminal nature, coming to the attention of sheriff’s


office employees shall be processed in accordance with established policy and
within the dictates of the Code of Virginia as it relates to the responsibilities of
court services personnel.

II. PURPOSE

The purpose of this policy is to provide instructions for responding to incidents


that may occur in the course of duty of Sheriff’s Office employees.

III. PROCEDURE

A. Criminal Incidents

1. An incident that is of a criminal nature and that is brought or


comes to the attention of a sheriff’s office employee should be
handled by notifying the police department to respond if possible.

2-31.1
2. Responsibilities of the deputy prior to and contemporaneous with
the arrival of police shall include the following:

a. stabilizing the scene and documenting pertinent


conditions, events and remarks;
b. protecting the crime scene, if applicable, until relieved by
the arrival of police elements;
c. collection of evidence will be the primary responsibility
of the Police Department; however, deputies are
reminded of the necessity of protecting the crime scene
area so as to ensure the integrity of any potential evidence
that will be collected by the Police Department;
d. locating and identifying victims and witnesses rendering
such aid as appropriate. Deputies are authorized to
engage in brief interviews with victims and witnesses for
the purposes of initial fact finding. This information shall
be provided immediately to the police officer arriving at
the scene of the incident.
e. deputies may attempt to locate and identify suspects and
their residential information; however, deputies MUST
NOT inquire (of the suspect) beyond this line of
questioning so that the rules of criminal
interview/interrogation not be violated unless exigent
circumstances exist.
f. assisting the police officer(s) as requested or until
relieved by higher authority.

3. Deputies will be required to complete an incident report in


compliance with G.O. 2-28.

4. Lynchburg Police Department is responsible for all criminal


investigations within the city of Lynchburg being that they are the
primary law enforcement agency. They have a specific screening
system and criteria for continuing an investigation, for follow up or
suspension of a case by investigators.

5. Lynchburg Police Department will notify deputies involved in any


criminal case if their assistance is needed further or to what extent
their future involvement is needed. The Sheriff will be notified
through the incident reporting system of a deputy’s involvement in
the incident in order to offer office support as needed.

2-31.2
B. Non-criminal incidents

1. Incidents occurring such as medical emergencies, auto crashes and


the like shall be reported to the proper authority or agency and
documented on the sheriff’s office incident report form. Security
breaches or any event that relates to or occurs because of a security
breakdown shall be reported on the sheriff’s office incident report
form and submitted to the Chief Deputy.

2. Deputies are reminded that when they have a prisoner in custody,


that they must proceed without stopping, but may utilize radio or
cell phone communication to summon aid.

This policy supersedes all previous administrative directives.

2-31.3
Number: Page:
WRITTEN DIRECTIVE 2-32 1 of 7
Subject: Effective Date: Revised Date:
6/8/2006, 08/11/2010,
9/05/2014 03-10-2015
DOMESTIC VIOLENCE Supersedes/
Amends:
Reference: VLEPSC STANDARDS
ADM.23.02, OPR.13.01
_________________________
Ronald L. Gillispie, Sheriff

I. POLICY

The Lynchburg Police Department is the primary law enforcement agency within
the City of Lynchburg. As such, this agency responds to and handles all criminal
complaints including but not limited to domestic disputes and violence. However,
it is recognized that employees of the Sheriff’s Office, at times, may be in a
position to observe or discover a domestic issue such as a dispute between
married or cohabitant parties or parties involved in court setting.

It shall be the policy of the Sheriff’s Office for the deputy to immediately report a
domestic dispute to the police department in order to initiate their response. The
deputy will maintain observation of the situation and relay information as
applicable, until the arrival of the police unit(s). If the incident escalates to acts of
violence or violence is perceivably imminent, the deputy is authorized to
intervene and restore order. The deputy may detain the predominant physical
aggressor until the arrival of police. The deputy will assist police, as appropriate
or as requested.

II. PURPOSE

To provide guidelines to deputies for handling domestic disputes, issues and acts
of violence when encountered.

III. DEFINITIONS

Assault and battery against a family or household member – refer to the Code of
Virginia §18.2 – 57.2

Predominant Physical Aggressor - is the person who commits, attempts to commit or


threatens to commit violence against another and whose actions are not consistent with
lawful self-defense. The term refers to the party that poses the most serious threat.

Family or household member – refer to the Code of Virginia §16.1-228

2-32.1
IV. PROCEDURE

A. General Guidelines

1. Outside of the courthouse complex, deputies who encounter


activity consistent with a domestic dispute (among family or
household members) will report such activity to LYNCOM as soon
as practicable. Notify the sheriff’s office dispatcher for backup
and supervisor notification.

a. Establish radio contact with the responding officer and


provide appropriate information. IE. Specific geographic
location, potential threats and/or weapons involved, if any.

b. If at all possible, do not intercede until the arrival of police;


however, if violence is or has occurred, or is imminent, the
deputy is authorized to immediately intercede or take action
as appropriate.

c. At all times, be cognizant of officer safety issues and the


limits of authority. If violence has occurred, the deputy’s
role will be (1) to restore order; (2) render aid to the
injured; (3) assist police.

d. In most cases the police officer will be the arresting officer.


The deputy will be available as a witness for court
testimony purposes.

e. The deputy will complete an incident report of the event,


submitting it to the Chief Deputy if a Lynchburg Police
Officer makes the arrest. However, if a deputy makes the
arrest the IBR form will need to be filled out and entered in
at the Complaint Desk of the Lynchburg Police
Department. A copy of the IBR will also be maintained at
the Sheriff’s Office. (Refer to G.O. 2-8)

2. Inside of the Courthouse complex – deputies will quickly intervene


in disputes that become noticeably vocal, a heated exchange of
words or threatening behavior or actions on the part of any person.
If the argument is between persons who fall into the category of
family of household member, the following course should be
initiated:

a. separate arguing family/household members;

2-32.2
b. Refer the parties to either: (1) appropriate counseling or
human assistance agencies; (2) the magistrate’s office; (3)
the police department; (4) Office of the Victim/Witness
Coordinator.

c. If an assault occurs inside the courthouse, consistent with


domestic assault, the predominant physical aggressor shall
be arrested and taken to the magistrate or detained until the
arrival of Lynchburg police officers. If appropriate, the
predominant physical aggressor may be handcuffed, should
circumstances dictate. If they are placed under arrest they
should be properly handcuffed and transported to the
magistrate.

d. If an assault occurs inside of a courtroom during an on-


going hearing or trial, the predominant physical aggressor
will be immediately taken into custody. The presiding
judge will dictate the action(s) to be taken.

e. Should a person suffer injury, the proximate result of an


assault, the deputy will ensure that Lynchburg EMS is
notified to respond. EMS will make any and all medical
transports.

f. If transportation to the magistrate is required, for the


victim, a deputy will be made available to provide
transportation. Transportation will also be made available
for a victim to seek shelter if necessary.

g. Any victim of a domestic assault in the above


circumstances shall be directed to the City of Lynchburg
Victim/Witness Coordinator.

B. Predominant Physical Aggressor

A deputy having probable cause to believe that a violation of § 18.2-57.2


or § 16.1-253.2 has occurred shall arrest and take into custody the person
he has probable cause to believe, based on the totality of the
circumstances, was the Predominant Physical Aggressor (See §19.2-81.3),
unless there are special circumstances which would dictate a course of
action other than arrest. The standards for determining who the
predominant physical aggressor is shall be based on the following
considerations:

1. Who was the first aggressor;

2-32.3
2. The protection of the health and safety of family and household
members;

3. Prior complaints of family abuse by the allegedly abusing person


involving the family or household members;

4. The relative severity of the injuries inflicted on persons involved in


the incident;

5. Whether any injuries were inflicted in self-defense;

6. Witness statements, and

7. Other observations.

C. Arrests and Reporting

1. The Lynchburg Police Department by virtue of its position as the


primary law enforcement agency in the City of Lynchburg will
effect most if not all, criminal arrests. In the event that unusual
circumstances arise that would dictate a custodial arrest by a
deputy, the standard arrest/transport procedures will be followed.
The arrestee would be transported forthwith to the magistrate.

2. Deputies will follow guidelines as contained in §18.2-57.2 and


§19.2-81.3 regarding the arrest of violator. If the perpetrator has
previously been convicted of two offenses within the past twenty
(20) years against a family or household member involving (i)
assault and battery against a family or household member, (ii)
malicious wounding, (iii) aggravated malicious wounding, (iv)
malicious bodily injury by means of a substance, or (v) an offense
under the law of any other jurisdiction which has the same
elements of any of the above offenses, in any combination, and
each of which occurred on a different date, such person is guilty of
a Class 6 felony (18.2-57.2).

3. A complete Lynchburg Police Department IBR report shall be


completed, detailing the event and all actions taken by sheriff’s
office personnel. The original IBR report will be filed with the
LPD complaint desk and a copy returned to the deputy and the
office for the file. A sheriff’s office complaint control number will
be assigned in conjunction with the IBR generated number from
LPD. The deputy will also consult with the Commonwealth’s
Attorney office regarding their actions concerning a domestic
assault arrest.

2-32.4
4. For Victim/Witness assistance the Lynchburg Sheriff’s Office will
utilize Lynchburg Police Department form (LPD-0916) for
dissemination to those in need of assistance. Copies of this form
are made available at the Sheriff’s Office, in sheriff’s vehicles and
a copy attached to this order. See pages five and six. Any
questions regarding this form and its utilization need to be directed
to your supervisor.

5. In every case which a deputy makes an arrest under this section (if
unable to turn over to L.P.D.) shall petition for an Emergency
Protective Order as authorized in §16.1-253.4 when the person
arrested and taken into custody is brought before a magistrate,
except if the person arrested is a minor, a petition for a protective
order shall not be required.

6. Deputies shall assist (if unable to turn over to L.P.D.) an abused


person in obtaining or providing (if requested) transportation to a
hospital, safe shelter or magistrate. Deputies must notify their
supervisor on duty concerning the request and transport of the
abused person.

D. Arrests of law enforcement personnel

1. If the deputy is notified that a sworn or non-sworn employee has


been arrested for stalking or a domestic violence offense, the
employee receiving this information shall notify his or her
supervisor immediately. The supervisor shall in turn notify his or
her chain of command to the sheriff.

2. Any deputy who has been arrested for stalking or a domestic


violence offense or who has been subject to a protective order for
these offenses shall be disarmed or removed from access to
sheriff's office weapons. The possibility exists that the employee's
issued weapon may be evidence of an offense.

3. The sheriff shall direct a criminal or administrative investigation,


as appropriate.

a. If the sheriff learns that probable cause to arrest a deputy


exists, the sheriff shall either direct an arrest of the deputy
and gather evidence (including taking photographs)
consistent with this general order, or collaborate fully with
another investigating agency.

2-32.5
b. The sheriff shall assign an investigator to assist the
investigating agency to ensure that the victim receives
medical attention, if necessary, is transported to a hospital
or safe shelter, and that all reports are completed, evidence
gathered, and photographs taken. The sheriff's investigator,
if appropriate, shall assist in obtaining an emergency
protective order.

c. The investigator shall speedily present the case to the


commonwealth's attorney, if the case is not handled by
another agency.

4. The sheriff may suspend the employee pending the outcome of the
investigation.

a. Suspended employees shall immediately turn in all agency-


issued weapons, vehicles, badges, and identification to the
property officer.

b. If the internal administrative investigation supports a


violation of sheriff's policy, the sheriff shall take
appropriate action consistent with personnel rules. Further,
if the investigation confirms that domestic violence
occurred, the sheriff may require counseling, psychological
evaluation, demotion, or termination of employment.

c. Federal law states that any person (including a law


enforcement officer) convicted under any state or federal
law for a misdemeanor involving the use, attempted use of
physical force, or the threatened use of a deadly weapon
when committed by a current or former spouse, parent or
guardian of the victim, a person sharing a child in common,
or a cohabitant of the victim (past or present), is prohibited
from shipping, transporting, possessing, or receiving
firearms or ammunition. The offense may have occurred at
any time. Law enforcement officers convicted of offenses
involving weapons or threats of force may therefore be
unable to maintain their certification.

(1) Note that deputies who are the subject of a


protective order shall not carry firearms. Deputies
who are the subject of a protective order shall turn
in all agency-issued weapons.

5. The sheriff shall ensure that any court orders or injunctions are
served on the employee at the agency. The sheriff shall ensure that

2-32.6
legal papers are served in a private setting so that supervisory
personnel can coordinate process service with counseling or
psychological services.

a. The employee's supervisor shall monitor the employee's


behavior. Upon service of any court papers, the supervisor
shall be present to review any affidavits supporting such
papers. The supervisor shall stay alert to behavior that may
be unseemly or indicative of problems requiring
professional intervention.

6. If the deputy makes an arrest on a sworn or non-sworn employee


of another law enforcement agency for stalking or a domestic
violence offense, the deputy shall notify his or her supervisor
immediately. The supervisor shall in turn notify his or her chain of
command to the sheriff. The Sheriff or his designee will be
responsible for contacting the law enforcement agency that the
arrestee is employed by. This is to be accomplished as soon as
possible.

7. Employees are reminded that the sheriff requires notification


of any civil or criminal action pending against them.

This policy supersedes all previous administrative directives.

2-32.7
2-32.8
Number:
GENERAL ORDER 2-34 1 of 8
Subject: Effective Date: Revised Date:
06/14/2007, 03-10-2015 07/31/2018
AUTOMATED EXTERNAL
DEFIBRILLATOR Supersedes/
Amends:
Reference: VLEPSC STANDARDS
PER.10.02
______________________ ___
Donald T. Sloan, Sheriff

I. PURPOSE

This General Order is issued for the purpose of establishing guidelines for and
defining the use and care of the Automated External Defibrillator, hereafter
referred to as AED, in order to ensure the most effective and efficient delivery of
emergency AED services to the citizens of Lynchburg involved in the judicial
process.

II. POLICY

It is the policy of the Lynchburg Sheriff’s Office to provide AED services to those
citizens involved in court proceedings or in the courthouse facility. The primary
responsibility for delivery of these vital services rests with all trained members of
the Sheriff’s Office. Therefore, it is of paramount importance that procedures for
the use and care of the AED are formalized in order to ensure continuous
coverage and promote better understanding among affected personnel.

Use of this equipment is restricted to personnel trained in its operation.

III. DEFINITIONS

AED Operator - Someone who has completed a training program approved by


the Board, in cardiopulmonary resuscitation and in the use of the AED, and who
is currently recognized as a member of an Early Defibrillation Service whose
registration has not expired.

GO 2-34
Automated External Defibrillator
1
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Automated External Defibrillator or AED - A device which combines a heart
monitor and defibrillator and (i) has been approved by the United Stated Food
and Drug Administration, (ii) is capable of recognizing the presence or absence
of ventricular fibrillation or rapid ventricular tachycardia, (iii) is capable of
determining, without intervention by an operator, whether defibrillation should be
performed, and (iv) automatically charges and requests delivery of an electrical
impulse to an individual(s) heart, upon determining that defibrillation should be
performed.

Basic Life Support - A level of pre-hospital and inter-facility care which includes
the recognition of other life-threatening conditions which may result in respiratory
and cardiac arrest, and the application of life support functions including
cardiopulmonary resuscitation (CPR), use of adjunctive techniques and
procedures.

Board - the State Board of Health

Early Defibrillation Service - Any person as defined herein, which routinely may
be expected to provide care to victims of cardiac arrest, who wish to employ or
retain personnel within their organization, who are trained in the use of
automated external defibrillation and related patient care.

Registration - Recognition by the Board that an individual or entity has met the
eligibility requirements, completed the required training, and is granted
permission to provide Early Defibrillation Services according to the regulations
established by the Board.

Ventricular Fibrillation - A disturbance in the normal rhythm of the heart which is


characterized by rapid, irregular and ineffective twitching of the lower chambers,
or ventricles of the heart.

Ventricular Tachycardia - A rapid dysrhythmia originating in the ventricles. A


pulse may or may not be present with this dysrhythmia.

The Early Defibrillation Service is a program intended solely for the immediate
response to the location of a suspected cardiac or respiratory arrest for the
delivery of life support until the arrival of higher trained EMS or other medical
personnel qualified to provide for patient care and/or transport.

IV. COMMUNICATIONS/DISPATCHER RESPONSIBILITIES

A. Dispatchers shall monitor the radio, once contacted by the deputy,


advising them of the medical emergency.

B. Dispatchers will help summon additional help if needed.

GO 2-34
Automated External Defibrillator
2
Revised 07/31/2018
V. SUPERVISOR RESPONSIBILITIES

A. Supervisors will ensure that all AED(s) are assigned and placed in the
appropriate court building.

B. Supervisor/OIC will check out each AED unit utilizing the Daily Check
Sheets. These Daily Check Sheets shall be maintained in a notebook in
the Sergeants Office. It is mandatory that each unit be inspected for
equipment and readiness and the Sergeant’s signature is placed on the
Daily Check Sheet for each unit.

VI. DEPUTY RESPONSIBILITIES

A. Keep AED unit in front desk located at the front deputy station at all times
for quick access when needed.

B. Respond to all calls for chest pains and/or difficulty breathing in the court
buildings with the AED.

C. Make sure AED unit is in good working order.

D. Contact Dispatch/LYN-COM via telephone or radio and advise them of


type of emergency.

VII. OPERATION PROCEDURES

A. Take AED out of front desk and have available for instant access.

B. Verify that the patient is unconscious.

C. Notify Dispatch/LYN-COM or have another at the scene call with this


information.

D. Confirm absence of a pulse.

E. Press ON/OFF to turn on the AED. The CONNECT ELECTRODES


Message and voice prompt will occur until the patient is connected to the
AED.

F. Prepare the patient for electrode placement:

1) If possible, place the patient on a hard surface away from standing


water or conductive material.

2) Remove clothing from the patient(s) upper torso.

3) If necessary, dry shave excessive hair from the electrode sites.


GO 2-34
Automated External Defibrillator
3
Revised 07/31/2018
Avoid cutting the skin.

4) Clean the skin and dry it briskly with dry washcloth.

5) Do not apply alcohol, tincture of benzoin, or any type of


antiperspirant to the skin.

6) Remove medication patches from the electrode sites and wipe


clean.

G. Apply the electrode to the patient(s) chest.

1) Place the ZOELL AED PLUS or electrode lateral to the patient(s)


left nipple with the center of the electrode in the midaxilly line, if
possible.

2) Place the other electrode on the patient(s) right upper torso, lateral
to the sternum and below the collarbone.

3) Starting from one end, press the electrodes onto the patient(s) skin.

WARNING! Possible ECG misinterpretation. DO NOT place Therapy


electrodes in the anterior-posterior position when operating the
ZOELL AED. A shock or not shock decision may be inappropriately
advised. The shock advisory algorithm requires the electrodes to be
placed in the anterior-lateral (LEAD II) position.

H. Follow the screen messages and voice prompts by the AED.

SPECIAL SITUATIONS FOR ELECTRODE PLACEMENT

1) Obese Patients or Patients with Large Breast .

a) Apply the electrodes to a flat area on the chest, if possible.


If skin folds or breast tissue prevents good adhesion, spread
skin folds apart to create a flat surface.

2) Thin Patients

a) Follow the contour of the ribs and space when pressing the
electrode onto the torso. This limits air space or gaps under
the electrodes and promotes good skin contact.
.
WARNING!

Possible interference with an implanted electrical device.


Defibrillation may cause implanted electrical devices to malfunction.
GO 2-34
Automated External Defibrillator
4
Revised 07/31/2018
Place therapy electrodes away from implanted devices if possible.
Check implanted device function after defibrillation.

3) Patients with Implanted Pacemakers

a) If possible, place defibrillation electrodes away from the


internal pacemaker generator. Treat this patient like any
other patient requiring emergency care. Pacemaker pulses
may prevent advisement of an appropriate shock, regardless
of the patient(s) underlying rhythm. A pacemaker physician
should check the pacemaker after resuscitation.

4) Patient with Implanted Defibrillators

a) Apply the electrodes in the anterior-lateral position. Treat this


patient like any other patient requiring emergency care.
Implanted defibrillator physician should check implanted
defibrillator after resuscitation.

SPECIAL INSTRUCTIONS FOR SCREEN & VOICE PROMPTS

1- Stand Clear and Analyze Now- DO NOT touch the patient, AED,
cable or patches until a pulse check is given.

2- Stand Clear and Push to Shock- Operator immediately states, I’m


clear, you’re clear, everybody(s) clear and visually checks that
no one is touching the patient:

3- Connect Electrodes- Verify cable connected fully to AED. Verify


patches are stuck to the chest. If excessive chest is present,
remove patches, dry shave chest and use NEW patches.

VIII. SAFETY PROCEDURES

A. The AED will self-check automatically every 24 hours.

B. The AED unit will be inspected daily for absence of trouble symbols and
presence of supplies by the Court Supervisor or Sergeant using the Daily
AED Check Sheets located in a notebook in the Sergeant’s Office.

C. An inspection of each AED unit will be conducted monthly by the Sergeant


or his designee. These inspections will be completed utilizing the monthly
AED Check Sheet. These check sheets will be located in a notebook in
the Sergeants Office. This inspection will include the AED case,
connector, battery-well, battery, battery pins, condition of quick-combo
electrode patches, and appropriate illumination of messages.

GO 2-34
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IX. RECORDS AND REPORTS

A. The following records and reports shall be maintained by the Lynchburg


Sheriff’s Office for a period of not less than five years:

1) Current personnel records of Early Defibrillation Services member


or employee including a file for each which provides documentation
of training and qualifications including evidence of certification.

B. Records of each automated external defibrillator currently in use to include


maintenance records and records of safety inspections.

C. Records of Early Defibrillation Service activity including all reports which


specifically identify agency personnel, dispatch records and summary
data.

D. An Incident Report shall be completed by the deputy utilizing the AED for
each instance where the AED is deployed and eventually applied to an
actual or potential patient. The report shall be completed on forms
provided by the Office of EMS and shall be in three parts:

1) Original COPY-Maintained by the Early Defibrillation Services (LSO


SERGEANT) as described above.

2) COPY 2-Forward to the Office of EMS for review not more than 15
business days following the patient care incident.

3) COPY 3-Provide to the responding EMS agency which assumed


care of the patient. The copy of the completed report may be
provided during the patient care incident or at a later time: not more
than five (5) business days following the patient care incident.

E. When the AED is actually utilized on a patient, it will be the responsibility


of the Sergeant to complete the After Use AED Check Sheet on the AED
unit that was used. These forms are located in the Daily use AED
notebook which is maintained in the Sergeants Office. Deputies shall
notify the Sergeant that the AED was utilized and arrange for the unit to be
inspected.

F. The Sergeant or his designee shall inspect each AED unit on a monthly
basis utilizing the AED Monthly Check Sheets. These forms are located in
the Daily Use AED Notebook which is maintained in the Sergeants Office.

X. PROVISION OF CARE

A. The Sheriff’s Office hires jail or law enforcement certified deputies who
have already received initial training in the use of the AED through their
GO 2-34
Automated External Defibrillator
6
Revised 07/31/2018
former agency; however, these personnel shall receive initial training from
the Sheriff’s Office during the time period that refresher training is
conducted every other year for all other personnel.

B. Personnel shall be responsible for providing automated external


defibrillation consistent with their level of training.

C. No one shall refuse to provide required services based upon the inability
of the patient to provide means of payment or based upon the race, sex,
religion, age or national origin of the patient.

D. Personnel shall be authorized to withhold treatment from patients in


respiratory and/or cardiac arrest only when provided with documentation
that the patient involved has a valid Virginia DO NOT RESUSCITATE
ORDER or a valid DO NOT RESUSCITATE ORDER issued by a state
which has a reciprocal agreement with Virginia.

E. Medical information concerning any individual is confidential and shall not


be shared or disclosed except for continuing medical care or for an
investigation by the Department of Health.

F. Personnel shall not leave a patient without assuring that an equal or


higher level of care is provided. Informed consent shall be obtained or
informed refusal of care shall be documented by responding EMS
workers.

XI. MEDICAL DIRECTOR

A. Qualification:

1) Be licensed in the Commonwealth of Virginia to practice medicine


without restrictions.

2) Possess current knowledge in the use of an automatic external


defibrillator.

B. Responsibilities:

1) Provide medical consultation and expertise

2) Approve protocols on use of the AED

3) Act as a liaison between the Lynchburg Sheriff’s Office and other


departments.

4) Review reports submitted by the Lynchburg Sheriff’s Office on the


use of the AED on a patient.
GO 2-34
Automated External Defibrillator
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XII. REFERENCES/AUTHORITY

§ 8.01-225-Persons Rendering Emergency Care, Obstetrical Services Exempt


From Liability

Virginia Department of Health-Office of Emergency Medical Services-Public


Access Defibrillation; Guidelines and Procedures for the Implementation of Early
Defibrillation Services.

GO 2-34
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Number: Page:
GENERAL ORDER 2-41 1 of 2
Subject: Effective Date: Revised Date:
EMERGENCY 03-03-2016 07-09-2018
NOTIFICATIONS Supersedes/ Reviewed
Amends:
Reference: VLEPSC STANDARDS

_________________________
Donald T. Sloan, Sheriff

I. POLICY

It shall be the policy of the Lynchburg Sheriff's Office to assist citizens, clergy
and other law enforcement and public welfare agencies in the delivery of
emergency messages and/or notifications that may have a profound impact
resulting in high emotion and stress for the receiver(s). In delivering such
information, officers should give special consideration to those receiving it.

II. PURPOSE

The purpose of this Written Directive is to establish the procedures for the
delivery of emergency messages and/or notifications, including to the next-of-kin,
regarding death, serious injury, or illness of persons.

III. PROCEDURE

A. Any Lynchburg Sheriff's Office employee receiving emergency messages


of any legitimate type, as defined by the person receiving the message for
the office, may be delivered. Any message pertaining to a death, serious
injury or serious illness will be delivered.

B. Notifying next-of-kin in a case where there is a death, serious injury, and/or


serious illness, can place the deputy in a delicate and uncomfortable
situation. The following procedures should be utilized whenever possible
and practical:

1. The employee receiving the emergency call will immediately contact


and advise his/her supervisor of the situation.

2. The supervisor will determine if the party to be advised is a Lynchburg


Sheriff's Office employee, an employee working in one of the courts or
a visitor.

3. If the party to be notified is a Lynchburg Sheriff's Office employee, the


supervisor may seek the assistance of the chaplain and meet with the
employee at a safe location to make the notification.

GO 2-41
Emergency Notifications
1 Revised 07/09/18
4. The supervisor will then render any assistance necessary to ensure the
safety of the employee.

5. If the party to be notified is an employee of one of the courts, the


supervisor will co-ordinate with the employee’s supervisor and
determine the best course of action in delivering the message.

6. The Lynchburg Sheriff's Office supervisor may also make the


Lynchburg Sheriff's Office chaplain available to assist with employees
in the courts.

7. If the party to be notified is a visitor, the supervisor will ask the visitor
to accompany him to a safe area away from the public before delivering
the message. The Lynchburg Sheriff's Office chaplain may be utilized in
this situation if necessary.

8. The visitor should then be monitored to determine that he/she does not
present any danger to themselves or others and render assistance as
necessary.

This policy supersedes all previous administrative directives.

GO 2-41
Emergency Notifications
2 Revised 07/09/18
Number: Page:
WRITTEN DIRECTIVE 2-42 1 of 5
Subject: Effective Date: Revised Date:
06-01-2018
Nasal Naloxone
(Narcan®)
Amends:
Reference: VLEPSC STANDARDS

_________________________
Donald T. Sloan, Sheriff

This order is for internal use only, and does not enlarge an officer's civil or criminal
liability in any way. It should be not construed as the creation of a higher standard of
safety or care in an evidentiary sense, with respect to third-party claims. Violations of this
Directive, if proven, can only form the basis of a complaint by this office, and then only
in a non-judicial administrative setting.

I. Policy

It is the policy of the Lynchburg Sheriff's Office that all deputies are required to be
trained in the use of the nasal naloxone by the appropriate training authority and in
accordance with the Code of Virginia. A deputy, during his/her tour of duty, whether in
court or in the field, may encounter a situation relating to a potential opiate overdose. The
goal of the responding deputy shall be to provide immediate assistance via the use of
nasal naloxone, where appropriate, and to provide any treatment commensurate with their
training, to assist EMS personnel on scene, and assist other law enforcement agencies
when necessary with any criminal investigations that may arise. In order to reduce the
number of fatalities which can result from opiate overdoses, the Sheriff’s Office will train
its deputies in the proper pre-hospital administration of nasal naloxone.

II. Purpose

The purpose of this Directive is to establish guidelines and procedures in the pre-hospital
administration of Nasal Naloxone (Narcan®) to reduce the number of fatalities which
occur as a result of opiate overdose emergencies, and to establish guidelines and
regulations governing the utilization of Nasal Naloxone administered by the Lynchburg
Sheriff's Office.

III. PROCEDURE

A. Definitions

Opiate: An opiate is a medication or drug that is derived from the opium poppy or that
mimics the effect of an opiate (a synthetic opiate). Opiate drugs are narcotic sedatives
that depress activity of the central nervous system, reduce pain, and induce sleep. Commonly
encountered opiates include but are not limited to: morphine, methadone, codeine, heroin,
fentanyl, oxycodone (OxyContin®, Percocet®, and Percodan®) and hydrocodone
(Vicodin®).

2-42-1
Naloxone: Naloxone is an opioid antagonist that can be used to counter the effects of opiate
overdose. Specifically, it can displace opioids from the receptors in the brain that control the
central nervous system and respiratory system. It is marketed under various trademarks
including Narcan®.

Nasal Naloxone Coordinator: The Nasal Naloxone Coordinator (NNC) shall be an individual
designated by the Sheriff’s Office to collect, review and track all reports of naloxone usage
and who shall be responsible for any subsequent reporting necessary to any state or federal
agency as required by law in connection with the use of naloxone by the Sheriff’s Office.

B. Deployment of Nasal Naloxone Kits

When a deputy of the Lynchburg Sheriff's Office encounters a medical emergency prior to
the arrival of EMS, and has made a good faith determination that the patient is suffering from
an opiate overdose, the responding deputy should administer four (4) milligrams of Naloxone
to the patient by way of the nasal passage into one nostril.

Deployment of Nasal Naloxone and Administration Procedures

The Following procedures shall be observed when a deputy administers nasal naloxone

1. Upon encountering a medical emergency, deputies must first perform a patient


assessment as prescribed by Procedures and the National Safety Council’s First
Responder Guidelines, and shall consider statements from witnesses and/or family
members regarding the patient’s drug use. Deputies will immediately notify
headquarters of the situation and switch to a LynCom frequency, advise of the
situation and request EMS response.

2. Deputies shall use universal precautions, including body substance isolation.

3. To be considered for naloxone administration, the victim should be unresponsive


and have reduced respirations possibly attributable to an opioid overdose.

4. Deputies can ensure unresponsiveness and reduced respirations by calling out to


the victim and performing a noxious stimulus (sternum rub).

5. Deputies shall update LynCom that the patient is in a potential overdose state.

6. LynCom will then update EMS.

7. Deputies will start rescue breathing, with a bag valve mask/CPR protective barrier
mask if one is available.

8. Deputies shall examine the victim for possible contraindications for intranasal
administration of naloxone (e.g., facial trauma, nasal obstruction, bloody nose.)

2-42-2
9. Deputies shall administer the naloxone per Lynchburg Sheriff's Office training.
The Deputies shall use the nasal mist adapter that is pre-attached to the Naloxone kit
to administer a four (4) milligram dose of naloxone into one nostril. Deputies should
be aware that a rapid reversal of an opiate overdose may cause projectile vomiting by
the patient and/or violent behavior.

10. Deputies shall return to rescue breathing until spontaneous respirations are
restored.

11. If spontaneous respirations do not return after 3-5 minutes, deputies should give a
second dose of naloxone per training procedures.

12. When respirations are restored, deputies shall move the victim into the recovery
position, on their side, to prevent aspiration in the event of vomiting.

13. Deputies shall note the time of naloxone administration to report to Fire/Rescue
EMS personnel.

14. Deputies shall continue to monitor the patient until the ambulance arrives and the
victim is transferred to emergency medical personnel for further evaluation and
treatment.

15. The administering deputy shall inform EMS immediately upon arrival of the
treatment rendered and condition of the patient. The treating deputy shall not
relinquish care of the patient until relieved by a persons with a higher level of
training.

16. The deputy will then notify both LynCom and Lynchburg Sheriff's Office
dispatch that he/she is returning to the Lynchburg Sheriff's Office radio frequency
and is back in sevice.

17. The atomizer can be disposed of in regular household trash.

C. Reporting:

Upon treating a patient with nasal naloxone, the deputy shall submit a report detailing
the nature of the incident, the care the patient received and the fact that the nasal
naloxone was deployed. The report shall be completed on a form substantially
conforming to the sample attached hereto in conjunction with the routine Lynchburg
Sheriff's Office Incident Report. The report must be submitted to the Nasal Naloxone
Coordinator or his alternate before the end of the shift.

D. Equipment and maintenance:

1. It shall be the responsibility of assigned deputies to inspect the nasal naloxone kits
prior to the beginning of each shift to ensure that the kit’s safety seal is intact. If the

2-42-3
safety seal is not intact, the Nasal Naloxone Coordinator or his alternate must be
notified immediately and he will make the necessary corrections.

2. Damaged equipment shall be reported to the Nasal Naloxone Coordinator


immediately.

3. The NNC will maintain a sufficient supply of nasal naloxone kits sufficient to
meet the needs of the Lynchburg Sheriff's Office along with a written inventory
documenting the quantities and expirations of naloxone replacement supplies, and a
log documenting the issuance of replacement units.

E. Replacement:

Nasal Naloxone Coordinator shall immediately replace nasal naloxone kits that have
been used during the course of a shift and shall make note of the replacement in the
written inventory as maintained by the NNC.

F. Training:

Deputies shall receive a standard training course administered by the Lynchburg


Sheriff's Office, in conjunction with an appropriate training facility/provider prior to
being allowed to carry and use nasal naloxone. The Sheriff’s Office shall provide
refresher training every two years.

This policy supersedes all previous administrative directives.

2-42-4
2-42-5

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