CHAPTER 116 Department of Public Safety

The Department of Public Safety consists of the Police Bureau, the Fire Bureau, the Emergency Medical Services Bureau, and the Administration Bureau. Each of the bureaus which make up the Department of Public Safety shall be under the charge of a Chief who shall be the head thereof and shall have the same powers as a department director as defined in Chapter 111 of this Code.

Wherever the terms "Superintendent or Chief of Police", "Fire Chief" or "Director or Chief of Emergency Medical Services", "Chief, Emergency Operations Center", or "Chief, Administration Bureau" appear elsewhere in the Pittsburgh Code, these terms shall be deemed to be equivalent to the heads of major administrative units as defined in the Pittsburgh Home Rule Charter.

The Bureau of Animal Care and Control falls within the jurisdiction of the Director of Public Safety.

II.

Director of Public Safety.

In addition to the bureau chiefs set forth above, there shall be one (1) Director of Public Safety for the Department who shall be generally in charge of coordinating the various bureaus in addition to the specific duties and powers set forth below and who shall also serve as the Chief of the Administration Bureau.

Although the responsibilities of the Director of Public Safety differ from a traditional department director due to the focused scope of the powers and duties set forth herein, the position of Director of Public Safety shall also be appointed by the Mayor and shall be subject to confirmation of City Council as provided for in Section 209 of the Home Rule Charter. An acting Director of Public Safety may likewise be designated by the Mayor to serve for a period of up to ninety (90) days by written designation filed with the City Clerk and Controller.

A bureau chief may simultaneously serve as the Director of Public Safety; however, the position is not required to be filled by a bureau chief.

§ 116.02 Powers and Duties of Bureau Chiefs and Director of Public Safety.

The Director of Public Safety shall provide for and administer the Bureau of Animal Care and Control.

[Ord. 1-1985, eff. 1-1-1985; Am. Ord. 29-1996, eff. 10-23-1996; Am. Ord. 1-1998, eff. 2-13-1998; Ord. No. 3-2007, § 2, eff. 2-20-2007; Ord. No. 23-2007, § 1, eff. 12-6-2007; Ord. No. 21-2011, § 1, eff. 10-24-2011; Ord. No. 14-2013, § 1, eff. 5-31-2013; Ord. No. 15-2013, § 1, eff. 5-31-2013; Ord. No. 28-2014, § 1, eff. 12-22-2014; Ord. No. 43-2017, § 4, eff. 12-1-2017]

Bureau Chiefs: The chiefs of the respective bureaus of the Department of Public Safety shall have the following powers and duties:

The care, management, administration and supervision of police, fire, emergency medical forces and the City's emergency communication system;

The providing of educational programs concerning police, fire, animal care and control, and emergency medical matters to the general public; and

The oversight of the police force accreditation process, the supervision of the accreditation manager and related staff or committee, and the assurance of attainment of police accreditation and continued reaccreditation.

II.

Director of Public Safety: The Director of Public Safety shall have the following powers and duties:

Directing liaison activity with other City departments and public safety agencies;

Holding internal disciplinary hearings and/or making employee disciplinary decisions as set forth in the various bureau union contracts and/or applicable law;

Coordinating the public safety bureaus during emergencies, which shall include, but not be limited to, the authority to make decisions regarding evacuations and/or quarantines subject to applicable law;

Enforcing the City's nuisance property laws;

Signing contracts on behalf of the Department; and

(f)

Performing such other related tasks and duties that are assigned by the Mayor as required.

III.

Domestic Abuse Policy for the Bureau of Police:

(A)

Responsibilities of the Department of Public Safety, and the Bureau of Police.

The Director of Public Safety and the Chief of Police shall take proactive steps to ensure that police officers and employees within the Bureau of Police (Bureau) are familiar with the provisions of this Chapter.

Instruction concerning protection from abuse shall be made a part of the training curriculum for all trainee officers and continue throughout the employment of all police officers of any rank.

With oversight from the Director of Public Safety, the Chief of the Bureau shall maintain a domestic violence policy with at minimum, the baselines set forth in this Chapter as it applies to police officers and vigorously enforce its provisions.

(B)

Purpose. Recognizing that the profession of law enforcement is not immune from members committing domestic violence against their intimate partners and other family members, the Bureau shall implement prevention strategies and establish and follow procedures for handling acts of domestic violence committed by police officers.

The Bureau policy shall provide police executives, officers, and all Bureau employees guidance in addressing incidents where one (1) (or more) party(ies) to a reported domestic violence incident is an employee, whether sworn or civilian, of any rank in the Bureau.

(C)

Policy Statement.

The Bureau policy shall offer a comprehensive, pro-active approach to domestic violence by Bureau employees with an emphasis on victim safety.

The Bureau policy shall delineate a position of zero tolerance by the Bureau. It is imperative to the integrity of the profession of policing and the sense of trust communities have in their local law enforcement agencies that leaders, through the adoption of clear policies, make a definitive statement that domestic violence will not be tolerated.

In the process of implementing this policy, the Bureau shall review the records of all employees to determine whether convictions for qualifying misdemeanor crimes of domestic violence (MCDV) or valid protection orders exist.

If an employee is found to have a MCDV or is the subject of a qualifying protection order, the Director of Public Safety, the Chief of Police, City Solicitor and Director of Personnel shall be consulted immediately regarding continued employment or duty assignment.

Federal law prohibits anyone convicted of qualifying misdemeanor domestic violence crimes from possessing firearms or ammunition pursuant to 18 U.S.C. § 922(g).

Officers found guilty of a "qualifying domestic violence crime" as defined in subsection g. through criminal proceedings shall be terminated.

A "qualifying" misdemeanor crime of domestic violence must include:

A state or federal misdemeanor crime that has as an element of use or attempted use of physical force or threatened use of a deadly weapon; and

Right to counsel or knowing and intelligent waiver; and

Applies to convictions occurring prior to and after September 30, 1996; and

Excludes convictions that have been expunged, set aside, or person has been pardoned or has had his/her civil rights restored.

(D)

Definitions.

General Rule—The following words and phrases when used in this Chapter shall have the meanings given to them in this section unless otherwise noted:

ABUSE

The occurrence of one (1) or more of the following acts between family or household members, sexual or intimate partners or persons who share biological parenthood:

Attempting to cause or intentionally, knowingly or recklessly causing bodily injury, serious bodily injury, rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, aggravated indecent assault, indecent assault or incest with or without a deadly weapon. Such unwanted physical acts such as grabbing, pinching, shoving, slapping, hitting, hair pulling, biting and or denying medical care or forcing alcohol and/or drug use are considered to be types of physical abuse.

Placing another in reasonable fear of imminent serious bodily injury.

The infliction of false imprisonment pursuant to 18 Pa.C.S. § 2903 (relating to false imprisonment).

DOMESTIC VIOLENCE COUNSELOR/ADVOCATE

Physically or sexually abusing minor children including such terms as defined in Chapter 63 (relating to Child Protective Services).

(5)

Knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, without proper authority, under circumstances which place the person in reasonable fear of bodily injury.

(6)

Economic abuse by making or attempting to make a person financially dependent, e.g., maintaining unwanted control against his/her wishes over financial resources, withholding access to money, forbidding attendance at school or employment.

DOMESTIC VIOLENCE

As used herein, domestic violence is intended to be consistent with the definition of "ABUSE," above, and as defined by The Protection From Abuse Act, as amended, 23 Pa.C.S. § 6101 et seq.

An advocacy organization that is engaged in a domestic violence prevention and treatment program, the primary purpose of which is the rendering of counseling or assistance to victims of domestic violence, who has undergone forty (40) hours or more of training.

DOMESTIC VIOLENCE PROGRAM

A nonprofit organization or program whose primary purpose is to provide services to domestic violence victims which include, but are not limited to, crisis hotline; safe homes or shelters; community education; counseling systems intervention and interface; transportation, information and referral; and victim assistance.

FAMILY OR HOUSEHOLD MEMBERS

Spouses or persons who have been spouses, persons living as spouses or who lived as spouses, parents and children, other persons related by consanguinity or affinity, current or former sexual or intimate partners or persons who share biological parenthood.

INTIMATE PARTNER

of a police officer is any person who meets one (1) or more of the following criteria:

Is or was legally married to the police officer

Has a child in common with the police officer

Has or had a dating relationship with the police officer

Is specified as an intimate partner by state law

Is cohabitating or has cohabitated romantically with the police officer

INTIMATE PARTNERS

any two (2) people who meet one (1) or more of the following criteria:

Are or were legally married

Have a child in common

Have or had a dating relationship

Are specified as intimate partners by state law

Are cohabitating or have cohabitated romantically

PROTECTION ORDER

refers to any injunction or other order issued by a court, including criminal or civil orders of protection, regardless of form, content, length, layout, or name (such as stay away, restraining, criminal, and emergency or temporary protection orders or injunctions), issued for the purpose of preventing the following:

Violent or threatening acts against another person or family member

Stalking or harassment of another person or family member

Contact or communication with another person or family member

Physical proximity to another person or family member

VICTIM

A person who is physically, psychologically, or sexually abused by a family or household member. A victim is a person against whom abuse is committed who consults a domestic violence counselor or advocate for the purpose of securing advice, counseling or assistance. The term shall also include persons who have a significant relationship with the victim and who seek advice, counseling or assistance from a domestic violence counselor or advocate regarding abuse of the victim.

WEAPON

Anything readily capable of lethal use and possessed under circumstances not manifestly appropriate for lawful uses which it may have. The term includes a firearm that is not loaded or lacks a magazine, clip or other components to render it immediately operable and components which can readily be assembled into a weapon as defined by 18 Pa.C.S. § 907 (relating to possessing instruments of crime).

(E)

Procedures. While prioritizing the safety of victims, the Bureau policy shall be designed to address prevention through hiring and training practices, provide direction to supervisors for intervention when warning signs of domestic violence are evident, institutionalize a structured response to reported incidents of domestic violence involving officers, and offer direction for conducting the subsequent administrative and/or criminal investigations.

Required components include: A) prevention and Training B) Early Warning and Intervention C) Incident Response Protocols D) Victim Safety and Protection and, E) Post-Incident Administrative and Criminal Decisions.

(F)

Prevention and Training. The Bureau will adhere to a zero-tolerance policy towards police officer domestic violence and will not tolerate violations. With oversight from the Director of Public Safety, the Bureau will provide ongoing training to every officer on domestic violence as it applies to the population generally and within the ranks of the Bureau. The ongoing training will be required throughout all phases of the police officer's career.

Prevention Through Collaboration:

Through ongoing partnerships with local victim advocacy organizations and/or domestic violence programs, the Bureau shall develop domestic violence curricula and train officers in order to enhance the officers'/agency's response to victims.

The Bureau shall provide local domestic violence victim advocacy organizations copies of all domestic violence training curricula, protocols and policies for review, comment and possible revision.

Training Topics: Upon implementation of the required policy, all officers shall receive comprehensive mandatory instruction covering the following topics:

Understanding domestic violence

Departmental domestic violence response protocol

Warning signs of domestic violence by officers

Victim safety

Federal domestic violence laws

Ongoing Training: The Bureau shall use a variety of training techniques including in-service, roll-call, field training officers (FTO), ride-alongs, and training bulletins to regularly reinforce standards of effective response protocol.

Program Evaluation: To enhance the effectiveness of the training, the Bureau policy shall work with internal or external research resources, domestic violence programs and the Allegheny County District Attorney's office to evaluate the training and its impact.

(G)

Early Warning and Intervention.

Pre-Hire Screening and Investigation:

The Office of Municipal Investigation shall conduct thorough background investigations of all potential new employees.

All candidates shall be asked if they have engaged in or been investigated for domestic violence and asked about any past arrests, suspended sentences, diversion programs, convictions, and protection orders related to elder abuse, child abuse, sexual assault, stalking, or domestic violence.

Those candidates with an admitted or otherwise uncovered history of perpetrating violence (to include: elder abuse, child abuse, sexual assault, stalking, or domestic violence) shall be disqualified in accordance with the General Civil Service Act. (1907 May 32 P.L. as amended).

Candidates shall be clearly informed of the Bureau's position of zero tolerance concerning domestic violence by officers.

Post-Conditional Offer of Employment:

The psychological screening of all viable candidates will focus on indicators of abusive tendencies in their background.

The Bureau shall consider a no-hire decision in the case of a candidate with tendencies indicative of abusive behavior.

Post-Hire Intervention:

When new officers are hired, the Bureau shall directly communicate this policy and other relevant department policies as well as the role of the Citizens Police Review Board (CPRB), as defined in the Pittsburgh City Code Article VI "Citizen Police Review Board," to their intimate partners/family members.

The Bureau shall engage in consistent and ongoing communication to officers and their intimate partners/family member with information on this policy, the point of contact within the Bureau and referrals for local support services should the need arise.

Bureau of Police Responsibilities:

The Bureau shall develop a cross-jurisdictional Memorandum of Understanding, including, but not limited to, the Allegheny County District Attorney and the Commonwealth of Pennsylvania to ensure timely notification of an incident involving an officer.

The Bureau shall, in response to observed warning signs or at the request of an officer, intimate partner, or other family member, provide confidential avenues of assistance in an attempt to prevent an act of domestic violence.

The Bureau shall inform officers of the procedure for seeking confidential referrals, either internally or externally, to confidential counseling services.

A disclosure on the part of any officer, intimate partner or family member to any member of the department that an officer has personally engaged in domestic violence will be treated as an admission (only by officer) and/or report of a crime and shall be investigated both administratively and criminally. There shall be no presumption of guilt upon receipt of a report alone from a third party (non-officer).

The Bureau shall consult with domestic violence counselor/advocate organizations to develop policies and practices to ensure that domestic violence within the ranks of the Bureau is minimized to the extent possible and, that when it does occur, the appropriate actions are taken to prevent further domestic abuse by those responsible and that they are afforded counseling and other measures designed to assist in stopping inappropriate behaviors, with the well being of all parties in mind.

(f)

The Bureau shall establish whether risk is inherent in a particular situation in an attempt to safeguard against future violence. Information gleaned from the assessment shall be incorporated into all aspects of safety planning.

Supervisor Responsibilities:

Supervisors shall be cognizant of and document any pattern of abusive behavior potentially indicative of domestic violence including, but not limited to, the following:

Aggressiveness:

Excessive and/or increased use of force on the job.

Stalking and inappropriate surveillance activities.

Unusually high incidences of physical altercations and verbal disputes.

Citizen and fellow officer complaints of unwarranted aggression and verbal abuse.

Inappropriate treatment of animals.

On- or off-duty officer injuries.

ii.

Domestic violence-related issues:

Monitoring and controlling any family member or intimate partner through such means as excessive phone calling.

Stalking any intimate partner or family member.

Discrediting and/or disparaging an intimate partner.

iii.

Deteriorating work performance:

Tardiness.

Excessive absences.

Alcohol and drug abuse.

When the supervisor notes a pattern of abusive behavior, the supervisor shall:

Meet with the officer to discuss the abusive behavior.

ii.

Forward written reports describing the behaviors to the Chief through the chain of command in a timely manner to determine discipline as warranted.

iii.

Prepare and submit to the Chief a written request for a psychological exam/counseling by a board certified psychologist/psychiatrist who is knowledgeable about domestic violence.

iv.

When warranted, request the Chief order an officer to seek assistance from a certified program for batterers, and if such a program is not available, a counselor knowledgeable about domestic violence.

Upon arrival on the scene of an officer-involved domestic violence related call or incident regardless of the officer's jurisdiction, the first responding patrol unit shall follow the procedures outlined in Police Order 40-12.1 at § 4.0 et seq.

Police Officer Responsibilities:

Officers are encouraged to take personal responsibility in seeking confidential referrals and assistance from the Department to prevent a problem from escalating to the level of criminal conduct against an intimate partner.

Officers who engage in the following actions will be subject to severe discipline up to and including dismissal:

Failure to report knowledge of abuse or violence involving a fellow officer

ii.

Failure to cooperate with the investigation of a police officer domestic violence case (except in the case where that officer is the victim)

iii.

Interference with cases involving themselves or fellow officers

iv.

Intimidation/coercion of witnesses or victims (i.e., surveillance, harassment, stalking, threatening, or falsely reporting)

Officers who learn they are the subject of a criminal investigation or protection order, regardless of jurisdiction, are required to immediately make a report to their supervisors and provide notice of the court dates, times, appearances, and proceedings. Failure to do so may result in severe discipline up to and including dismissal.

Director of Public Safety Responsibilities:

In addition and in accordance with the duties and responsibilities of the Director of Public Safety, the Director shall insure all appropriate reporting is provided pursuant to Pittsburgh City Code Article VI.

The Director shall insure personnel records, including reports of domestic violence and abuse while off of the job, are to be maintained by the Bureau of Police and/or Department of Human Resources and Civil Service for a period of at least ten (10) years post termination.

(H)

Domestic Violence Review Board.

The Chief of Police will establish the Domestic Violence Review Board consisting of the following members to review all officer-involved domestic violence related incidents:

Director of Public Safety

Deputy Chief

Assistant Chief of Administration

Assistant Chief of Investigations

Assistant Chief of Operations

Commander-at-Large

Independent Advisor from the Women's Center and Shelter

City-contracted Psychologist

Director of Personnel and Civil Service

Authority, Responsibilities and Duties of the Domestic Violence Review Board. The Domestic Violence Review Board shall be responsible for reviewing domestic violence incidents involving members of the Bureau of Police.

The Board will meet after each officer-involved domestic violence-related incident.

The Board will also meet once a quarter to review all Bureau-wide domestic violence incidents and PFA orders.

The Chief of Police will retain the authority to follow the normal course of departmental disciplinary action against an officer who has been involved in a domestic violence-related incident.

The Domestic Violence Review Board will review all available information pertaining to officer-involved domestic violence-related incidents.

The Board shall serve in an advisory capacity by presenting findings and making recommendations to the Chief of Police.

(f)

The recommendations will include suggestions that may pertain to training, policy, discipline, safety or any other issues of importance that arise from the review.

(g)

While the Board may make recommendations, the final discretion as to these recommendations shall remain with the Chief of Police and Director of Public Safety.

IV.

Adoption of Pittsburgh Bureau of Police Order Number 40-12.1. Pittsburgh Bureau of Police Order Number 40-12.1 is hereby adopted by reference as a part of this Chapter. Order Number 40-12.1 is hereby attached hereto and incorporated herein as Exhibit A. Exhibit A may be amended from time to time as consistent with the Pittsburgh City Code Title 1, "Administration," Article III "Organization," Chapter 111 "Departments Generally," § 111.01(b)(1) and with Council approval.

Annual Police Service Report. The Chief of the Bureau of Police will publish an annual police service report to the public that includes:

A certification by the Chief of Police that all requirements as they pertain to the Department of Public Safety, Bureau of Police of the consent decree between the United States of America and the City of Pittsburgh (CIVIL NO. 97-0354) dated April 16, 1997 and the stipulated order signed by United States District Court Judge Robert J. Cindrich signed September 30, 2002, have been maintained. A summary of the requirements for the Bureau of Police within the consent decree will be published in the annual report for reporting year 2011 (January— December 2011 to be published in calendar year 2012) and annually thereafter.

Number of sworn police personnel authorized for the reporting period;

Number, by rank, race and gender, of officers on active duty during the reporting period;

Number of officers on workers' compensation during the reporting period;

Number of officers on disability leave during the reporting period;

Number of officers on military or other specified leave during the reporting period;

Number of officer retirements during the reporting period;

Recruitment and retention plan, including race, ethnicity and gender of applicants for police officer positions, those on the eligibility list(s) and those hired;

Number of officers placed on administrative leave with pay, pending a criminal or internal misconduct charge;

10.

Number of officers disciplined, distinguished by type charge, source of charge (e.g., OMI complaint, internal review, etc.), and level of discipline, including termination;

11.

A summary of the levels of discipline resulting from disciplinary actions taken to grievance or arbitration;

12.

Number of officers losing state municipal police officer certification and reason for revocation;

13.

Number of officers sued, with a statistical breakdown showing the types of claims, in which court or administrative body they were filed, and the result in terms of payment and/or equitable relief;

14.

The number of police-related civil actions filed during the reporting period against the City of Pittsburgh and the Bureau of Police distinguished by the type of claim and the name of the court or administrative body in which the claims were filed;

The number of civil actions settled during the reporting period and the monetary amount of each settlement identified by the year of the claim, the parties' names and, if applicable, relevant docket number.

The number of civil actions resolved during the reporting period by a court or jury or administrative body, the monetary amount distinguished by compensatory and punitive award(s) identified by the year of the original claim, the parties' names and relevant docket number.

The number of civil actions pending at the beginning and at the end of the reporting period in a court or jury or administrative body, identified by the year of the claim, the parties' names and relevant docket number.

15.

Number of officers arrested and number of officers criminally charged, with a listing of the charges filed, and the disposition of those criminal charges;

16.

Number of calls for service answered by police, calculated and reported by zone;

17.

Number of arrests by race, age and gender distinguished by zone;

18.

Number of traffic stops, broken down by race and gender of driver for each zone;

19.

Number of field contacts/warrantless search and seizures (FCWSS) conducted specifying the following:

Total FCWSS;

The result of the FCWSS;

Reason for FCWSS;

Contacts by age, gender and race;

Type contact made (pedestrian, driver, vehicle occupant);

If a strip search or body cavity search, provide the following information for each contact:

Descriptors (for strip searches):

Reason for police search

Resulting police action(s)

Person searched

Gender

Age range (to protect identity of person searched)

Race

Zone

Month

Time of day

Gender of officer performing strip search

Descriptors (for body cavity searches):

Reason for police search

Resulting police action(s)

Person searched

Gender

Age range (to protect identity of person searched)

Race

Zone

Month

Time of day

Specific reason body cavity search conducted

Location search conducted (hospital, etc.)

Person conducting search by occupation (doctor, etc.)

Result of search

20.

The number of pedestrian stops that result in a frisk of the individual(s). For purposes of this legislation, a frisk is defined as a search limited to an external feeling of the outer garments of a citizen based upon reasonable suspicions that criminal activity may be afoot and that the person may be armed and presently dangerous. If a weapon is detected, the officer may reach into a pocket or under a garment and seize the weapon. An officer may also reach into the pocket or clothing during the search for weapons if the officer detects an object that is not a weapon and it is immediately apparent to the officer that the item is contraband or evidence of a crime. A summary of the data will include:

Total pedestrian stops that resulted in a frisk bureau wide and by zone;

The result of the pedestrian stops that resulted in a frisk;

Reason for pedestrian stops that resulted in a frisk;

Pedestrian stops that resulted in a frisk by age, gender and race.

The City shall fund in the 2012 City Budget and thereafter to allow City Information Systems ("CIS") and the Bureau of Police to design, implement and maintain an electronic "Daily Activity Report" which will capture the above information. The electronic "Daily Activity Report" will be implemented in 2013.

The City shall fund in the 2012 City Budget and thereafter to allow CIS and the Bureau of Police to design, implement and maintain any upgrades needed for the Field Contact Search and Seizure Report required by the implementation of the "Daily Electronic Activity Report."

The funding shall be in addition to that funding which has already been allocated annually to City Information Systems (CIS) and the Bureau of Police (PBP) for Information Technology projects currently under development as well as ongoing maintenance and licensing fees, hardware costs, software upgrades and management of applications of public safety systems currently in production.

21.

Notify the public of the right to initiate a complaint against an officer, in person, electronically, by facsimile, letter or telephone and such notice will include the physical and electronic address, telephone number, and facsimile number of the Office of Municipal Investigations and the Citizen Police Review Board.

22.

A summary of police pursuits initiated by Pittsburgh Police specifying:

Reason pursuit initiated;

Zone initiating pursuit;

Outcome of pursuit (to include arrests, collisions and injuries).

Note: All information required in this legislation is contingent upon the controlling agency/department providing said information to the Pittsburgh Bureau of Police.

VI.

Review of Operating Procedures and Policies of the Bureau of Police.

The Citizen Police Review Board shall review proposed changes and amendments to the operating policies and procedures of the Bureau of Police for the purpose of providing advice and comments for consideration by the Chief of the Bureau of Police.

All records pertaining to the Citizen Police Review Board's advice and comments shall be considered drafts of policy statements or of management directives.

VII.

Severability. Severability is intended throughout and within the provision of this Section. If any provision, including, inter alia, any exception, paragraph, phrase or term, or the application, thereof to any person or circumstances is held invalid, the application to the persons or circumstances shall not be affected thereby and the validity of this Section in any and all other respects shall not be affected thereby. The City does not intend to violate the Constitution of the Commonwealth of Pennsylvania or the Constitution of the United States of America.

§ 116.02A Duty to Intervene.

[Ord. No. 26-2020, § 1, eff. 7-31-2020]

While within the City of Pittsburgh, it shall be the duty of a sworn Bureau of Pittsburgh police officer who has notice of and a realistic and reasonable opportunity to intervene where another City officer or employee is acting in a manner to knowingly deprive any person of any civil or constitutional right, including where the use of unreasonable force is being applied, to stop or attempt to stop that officer or employee from the actions depriving the individual of a known right and from the use of unreasonable force. The term "unreasonable force" shall include the use of unreasonable force in circumstance where reasonable force is otherwise constitutionally permissible and/or where force is no longer required. However, where such intervention could be physically dangerous to either the individual being deprived of a right, the intervening party, or other member of the public there is no duty to intervene. Nothing in this exception shall affect the duties required in subsections (b) and (c) of this subsection.

It shall additionally be the duty of all employees and sworn police officers and recruits of the Bureau to immediately report all such incidents they have witnessed in subsection (a) directly to the Chief of Police, the Office of Municipal Investigations or its successor and the Director of Public Safety, and when urgently necessary, the Mayor. No employee or sworn police officer or recruit of the Bureau shall be subject to discipline by the Bureau for compliance with this subsection.

It shall be the duty of the Public Safety Director and the Chief of the Bureau of Police to ensure that all sworn police officers and recruits of the Bureau of Police receive proper and ongoing training regarding the civil and constitutional rights of the public and to discipline Bureau sworn police officers and recruits for all such violations of this subsection.

§ 116.03 Minimum Standard of Care.

[Ord. 35-1991, eff. 11-14-1991; Am. Ord. 30-1999, eff. 12-1-1999]

The minimum standard of professional pre-hospital care and transportation to be provided for all medical emergencies within the City of Pittsburgh which require the services of the Bureau of Medical Services shall be determined by the Chief of the Bureau in consultation with the Medical Director in accordance with standard medical practice and in consideration of the best interests of the patient.

§ 116.04 Police Canine Post-Duty Care Fund.

Basic life support, advanced life support and medically directed rescue services shall be available and shall be dispatched in accordance with the orders and instructions issued by the Bureau.

[Ord. No. 22-2014, § 1, eff. 11-4-2014]

Intent of Council. It is the intent of the Council to provide for the care of the post-duty police K-9. Both police K-9s and their police officer handlers provide a valuable and important function within the Bureau of Police.

The average work life of a police K-9 ranges from about one year to about nine years of age. The average life expectancy of a German Shepard, the most commonly utilized breed for police K-9 work, is about 11 years of age.

Upon the retirement of a police K-9 from active duty, it is common practice for the police officer handler to assume the responsibility for caring for the post-duty police K-9. This care includes feeding, grooming and veterinary services, which places an undue financial burden upon the police officer K-9 handler.

To address these issues of care for post-duty Pittsburgh Police K-9s, the Council finds it to be reasonable and appropriate to provide for certain costs associated with caring for post-duty Pittsburgh Police K-9s.

Council's intent is to insure that 1) the appropriate level of post-duty police K-9 care is provided for, and 2) the police officer handler is fairly compensated for the post-duty police K-9 care.

§ 116.05 Definitions.

[Ord. No. 22-2014, § 1, eff. 11-4-2014]

POLICE CANINE

a canine used in law enforcement work under the control of a police officer, corrections officer, parole and probation officer, or youth correction officer. Police canines are commonly referred to as "K-9." The terms "police canine" and "K-9", for purposes of this ordinance, are one and the same.

§ 116.06 Inclusion of a Post-Duty Police Canine ("K-9") Care Line Item in the City Operating Budget.

POST-DUTY POLICE CANINE

a police canine that has been retired from active police duty.

[Ord. No. 22-2014, § 1, eff. 11-4-2014]

In each annual operating budget, beginning in 2015, the office of the Mayor shall provide for a line item for post-duty K-9 care in the Department of Public Safety's annual appropriation, in order to provide for a sufficient amount of funds to cover post-duty K-9 care compensation to the police officer providing post-duty K-9 care.

§ 116.07 Transfer of Ownership of Police Canine.

[Ord. No. 22-2014, § 1, eff. 11-4-2014]

Upon the retirement of a police K-9, the K-9's police officer handler shall have the option of taking possession and ownership of the post-duty canine.

If the police officer handler opts to take possession of the post-duty police K-9, the Department of Public Safety shall provide the police officer with a written record of the transfer of this City property to the police officer. The record of said transfer of ownership shall be retained by the Department of Public Safety for ten (10) years.

In taking the possession of the post-duty police K-9, the officer shall agree to be solely responsible for the control and care of the post-duty K-9.

The police officer shall release the City from any future liability related to the behavior or actions of the post-duty K-9.

If the police officer handler should decline to take possession of the post-duty K-9, the option of taking possession shall be made available to any police officer who is, or has been a qualified police K-9 handler.

§ 116.08 Police Officers and Surviving Spouses Eligible for Post-Duty Canine Care Compensation.

If no police officer, who is or has been a qualified police K-9 handler, opts to take possession of the post-duty K-9, the animal shall be placed in an appropriate facility for adoption.

[Ord. No. 22-2014, § 1, eff. 11-4-2014]

Those eligible for post-duty police canine care compensation shall be:

An active-duty Pittsburgh Police officer, who has been the handler of the post-duty police K-9 and/or any police officer handler of a police K-9.

In the event that an active duty Pittsburgh Police Officer, who cares for a post-duty police K-9, retires, resigns or is otherwise suspended from active duty, post-duty police K-9 care compensation shall continue without interruption.

In the event that a Pittsburgh Police Officer K-9 handler, active or retired, is no longer able to care for the post-duty police canine for any reason, any active-duty Pittsburgh Police Officer K-9 handler may assume the ownership of the post-duty K-9. The successor officer shall be eligible for post-duty K-9 care compensation.

In the event of a death of a police officer K-9 handler, the spouse of the deceased officer shall have the right to assume ownership of the post-duty canine and receive post-duty K-9 care compensation. The spouse shall file the appropriate paperwork with the Department of Public Safety to document the surviving spouse's ownership.

§ 116.09 Notice of Change of Ownership or Death of Post-Duty K-9.

In the event that the ownership of a post-duty police K-9 is transferred to any other person who is not an active-duty or retired Pittsburgh Police officer K-9 handler, compensation for post-duty care shall be terminated upon the date of the said transfer of ownership.

(5)

Any police officer receiving post-duty K-9 care compensation shall be a resident of either the City of Pittsburgh or a municipality within Allegheny County.

[Ord. No. 22-2014, § 1, eff. 11-4-2014]

The police officer owner, or their representative, of any post-duty police K-9 shall provide written notice of any change in ownership or the death of the post-duty K-9 to the Director of Public Safety or the Director's designated representative.

§ 116.10 Compensation for Expenses.

[Ord. No. 22-2014, § 1, eff. 11-4-2014]

The post-duty K-9 care funds provided are not considered to be an earned wage or to be treated as other income. This compensation is considered to be reimbursement, in whole or in part, for the care of the post-duty police K-9.

Annual post-duty canine care compensation shall not exceed five hundred dollars ($500.00) in any given year. Every two (2) years after the enactment of this ordinance, the total amount of compensation shall be recalculated by the Department of Public Safety, based upon the United States Department of Labor's Bureau of Labor Statistics Consumer Price Index for Pittsburgh. The percentage of increase/decrease in the Pittsburgh CPI shall be the percent of the increase/decrease in compensation.

A single annual payment shall be made to the police officer who provides care for the post-duty police K-9.

The annual payment shall be made no earlier than February 1 and no later than April 1 of any given year.

If compensation is provided for less than one (1) year, a pro-rated amount of compensation shall be calculated on a per-day basis.

Any police officers eligible for such compensation must keep the post-duty K-9 at their primary residence.

Compensation of any pro-rated time of ownership will be provided up to the date of termination of ownership or death of the K-9.

§ 116.11 Veterinary Care.

[Ord. No. 22-2014, § 1, eff. 11-4-2014]

Post-duty canines shall be permitted to be treated, at the city's expense, at a facility where City of Pittsburgh active duty police K-9 veterinary services are routinely provided. Veterinary care shall provide for an annual physical, vaccinations, and treatment for injury or illness.

If the post-duty K-9 is treated at any other veterinary facility, the cost of veterinary care is not eligible for reimbursement.

The cost of veterinary care shall not exceed two hundred dollars ($200.00) in any given calendar year.

§ 116.12 Dog License.

[Ord. No. 22-2014, § 1, eff. 11-4-2014]

Post-duty K-9s shall be provided with a dog license free of charge from the City of Pittsburgh.

§ 116.13 Administration.

[Ord. No. 22-2014, § 1, eff. 11-4-2014]

The Director of the Department of Public Safety is hereby authorized to promulgate any forms and/or initiate appropriate procedures required to implement and administer the post-duty K-9 care program.

§ 116.14 Chokehold Prohibition.

[Ord. No. 28-2020, § 1, eff. 7-31-2020]

The following definitions are applicable in this chapter:

CAROTID RESTRAINT

Any technique applied in an effort to control or disable a subject by applying pressure to the carotid artery, jugular vein, or sides of the neck with the purpose, intent, or effect of controlling a subject's movement or rendering a subject unconscious by constricting the flow of blood to and from the brain.

NECK RESTRAINT

Any technique involving the use of an arm or other firm object to attempt to control or disable a subject by applying pressure against the windpipe, or the frontal area of the neck with the purpose, intent, or effect of controlling a subject's movement or rendering a subject unconscious by blocking the passage of air through the windpipe.

Officers of the Pittsburgh Bureau of Police are prohibited from using chokeholds in the discharge of their duties, including carotid restraints and neck restraints.

§ 116.15 Select Surveillance Technology.

A person shall have a right of action against the City of Pittsburgh for injuries proximately caused by violations of Section 116.14(b) that occur after the effective date of this ordinance.

[Ord. No. 31-2020, § 1, eff. 9-24-2020]

Purpose.

It is paramount that the City of Pittsburgh provides regulations for the acquisition, retention, access, or use of Facial Recognition and Predictive Policing Technologies to safeguard the right of individuals to privacy, balance the public's right to privacy with the need to promote and ensure safety and security, provide protocols for acquisition, retention, access, or use that include specific steps to mitigate potential impacts on the civil rights and liberties of any individuals, communities, or groups — including communities of color or other marginalized communities — in the City of Pittsburgh, to provide for transparency, oversight, and accountability, and to minimize the risks posed by use of Select Surveillance Technology in the City of Pittsburgh.

Definitions.

EXIGENT CIRCUMSTANCES

An emergency situation about which the Director of the Department of Public Safety or the Chief of the Bureau of Police holds a good faith belief that imminent death, physical harm, or significant property damage or loss can only be prevented by or responded to with the immediate and temporary use of Select Surveillance Technology.

FACIAL RECOGNITION TECHNOLOGY

Any computed-based software, program, system, or related facial biometric surveillance technology that, without a subject's knowledge or consent, and in an automated or semi-automated manner, analyzes images and the characteristics of human faces to, alone or in combination:

Identify and track, or assist in the identifying and tracking of, individuals at a distance; or

Log characteristics of an individual's face, head, or body to infer emotion, associations, activities, or location.

PREDICTIVE POLICING TECHNOLOGY

Any fully or partially-automated computational application of programs, devices, hardware, or software based on machine learning or artificial intelligence that is, independent of a user, used to predict information or trends on crime or criminality that has or has yet to occur, including, but not limited to, the characteristics or profile of any individual(s) likely to commit a crime, the identity of any individuals likely to commit crime, the locations or frequency of crime, or the individuals affected by predicted crime or criminality.

SELECT SURVEILLANCE TECHNOLOGY

Any Facial Recognition Technology or Predictive Policing Technology as defined herein. For the purposes of this Section, the following shall not be considered Select Surveillance Technology and the acquisition, retention, access, or use thereof shall be unaffected by the contents of this Section so long as they are not used in conjunction with Facial Recognition Technology or Predictive Policing Technology in a manner not approved under the terms of Section 116.15(C):

Medical equipment used to diagnose, treat, or prevent injury or disease;

Stationary security cameras affixed to City of Pittsburgh property or facilities, or subject to existing agreements;

Cameras installed on City of Pittsburgh property for security purposes, including, but not limited to, closed circuit television cameras used to monitor entryways and outdoor areas of property owned, maintained, or operated by the City of Pittsburgh to control access, maintain the safety of its employees and visitors to its property, and protecting its property, or cameras installed for the sole purpose of maintaining the physical integrity of City of Pittsburgh infrastructure, and Department of Public Safety cameras affixed to utility poles within public rights-of-way;

Body cameras issued by the Pittsburgh Bureau of Police;

Handheld digital cameras, audio recorders, and video records that are used to manually capture and download video and/or audio recordings, but not designed to surreptitiously surveil individuals or be worn;

Devices that are manually operated and not designed to surreptitiously surveil individuals, including, but not limited to, two-way radios, email systems, and City-issued cell phones, and will not be used as such;

Devices that do not record or transmit audio or video and/or cannot be remotely accessed, including, but not limited to, technology used in fire, rescue, and missing person operations;

Personal communication devices procured or subsidized by the City of Pittsburgh or personally owned used throughout the regular course of conducting City of Pittsburgh business that has not been modified beyond basic, stock manufacturer capabilities;

Cameras or recording devices installed pursuant to state law in or on any vehicle or along a public right-of-way for the purpose of recording traffic violations;

City databases and technology, unless they do or will contain information collected, captured, recorded, retained, processed, intercepted, analyzed, derived, or effected through the use of Facial Recognition Technology or Predictive Policing Technology;

Cybersecurity technologies, systems, and other capabilities used by the City of Pittsburgh to predict, monitor for, prevent, and protect its own technology infrastructure and systems from potential cybersecurity events and cyber-forensic based investigations of illegal computer-based activity;

Gunshot detection and location hardware, software, and services; and

Small unmanned aerial systems utilized for situational awareness, search and rescue, visual perspectives, scene documentation, critical incidents, and emergency situations.

Use of Select Surveillance Technology.

The Department of Public Safety shall not obtain, retain, access, or use Facial Recognition Technology or Predictive Policing Technology, or make use of information collected, captured, recorded, retained, processed, intercepted, analyzed, derived, or effected through the use of Select Surveillance Technology by another entity without the approval of City Council, or unless permitted through the stipulations of this Section.

(Reserved)

Approval by City Council shall take the form of a Resolution.

In seeking approval to obtain, retain, access, or use Select Surveillance Technology or make use of information collected, captured, recorded, retained, processed, intercepted, analyzed, derived, or effected through the use of Select Surveillance Technology by another entity, the Department of Public Safety shall communicate, to the greatest extent possible and permissible by law, the following to City Council:

The specific purposes for which the Select Surveillance Technology is sought, the objective(s) that its use would advance, and the duration of use for which approval is sought;

A general description of the information and data that would be collected;

The name and title of City of Pittsburgh employees who would be authorized to access and use the technology, a general description of any training they have received to use said technology, and how the Department of Public Safety will conduct oversight to prevent the unauthorized use or misuse of the technology;

How the information and data collected, captured, recorded, retained, processed, intercepted, analyzed, derived, or effected through the use of Select Surveillance Technology would be protected from unauthorized access;

A general description of the safeguards that protect against the use of the Select Surveillance Technology for purposes that would violate or infringe on civil rights and liberties, including, but not limited to, possible disparate or negative consequences for any communities or groups;

A proposed information, data, and record retention schedule associated with the use of the Select Surveillance Technology; and

A general description of the procedures that would be undertaken for the maintenance of the Select Surveillance Technology.

Nothing in this subsection is intended to conflict with or supersede the Criminal History Record Information Act, 18 Pa. C.S.A. § 9102, et seq., or any other applicable state or federal statute.

(5)

Notwithstanding the provisions of this Section, the Department of Public Safety may, in response only to Exigent Circumstances, temporarily make use of Select Surveillance Technology for a period of time not to exceed ninety (90) days without being subject to the provisions of Sections 116.15(c)(1) through 116.15(c)(4).

Should the Department of Public Safety temporarily make use of Select Surveillance Technology in response to Exigent Circumstances, the Director of the Department of Public Safety shall notify City Council within thirty (30) days of the commencement of such action, provided that such information is not classified or privileged as a matter of law.

(6)

The contents of this Section shall not affect activities related to databases, programs, and technology regulated, operated, maintained, and published by another government entity, or otherwise available to the City of Pittsburgh through an intergovernmental joint purchasing agreement.

(7)

The use of Select Surveillance Technology pursuant to a warrant prior to the effective date of this legislation is exempt from the requirements of this Section in instances where the City of Pittsburgh is prohibited from publicly releasing information related to the surveillance under state or federal law, or pursuant to a court order.

(Reserved)

Severability.