FTO - Objective 9

Question 1

18-1502
Beer, wine or other alcohol age violations

Answer 1

(c) A conviction under this section shall not be used or considered in any manner for purposes of motor vehicle insurance.
(d) Whenever a person pleads guilty or is found guilty of violating any law pertaining to the possession, use, procurement, attempted procurement or dispensing of any beer, wine, or other alcoholic beverage, and such person was under twenty-one (21) years of age at the time of such violation, then in addition to the penalty provided in subsection (b) of this section:
(1) The court shall suspend the person’s driving privileges for a period of not more than one (1) year. The person may request restricted driving privileges during the period of suspension, which the court may allow, if the person shows by a preponderance of the evidence that driving privileges are necessary as deemed appropriate by the court.
(2) If the person’s driving privileges have been previously suspended under this section, the court shall suspend the person’s driving privileges for a period of not more than two (2) years. The person may request restricted driving privileges during the period of suspension, which the court may allow, if the person shows by a preponderance of the evidence that driving privileges are necessary as deemed appropriate by the court.
(3) The person shall surrender his license or permit to the court.
(4) The court shall notify the motor vehicle division of the Idaho transportation department of all orders of suspension it issues pursuant to this section.
(5) The court, in its discretion, may also order the person to undergo and complete an alcohol evaluation and to complete an alcohol treatment or education program in the same manner that persons sentenced pursuant to section 18-8005, Idaho Code, are required to undergo and complete.

Question 2

18-1506
Sexual abuse of a child under the age of sixteen years

Answer 2

(1) It is a felony for any person eighteen (18) years of age or older, with the intent to gratify the lust, passions, or sexual desire of the actor, minor child or third party, to:
(a) Solicit a minor child under the age of sixteen (16) years to participate in a sexual act;
(b) Cause or have sexual contact with such minor child, not amounting to lewd conduct as defined in section 18-1508, Idaho Code;
(c) Make any photographic or electronic recording of such minor child; or
(d) Induce, cause or permit a minor child to witness an act of sexual conduct.

Question 2

18-1507
Sexual Exploitation of a Child
(F)

Answer 2

(2) A person commits sexual exploitation of a child if he knowingly and willfully:
(a) Possesses or accesses through any means including, but not limited to, the internet, any sexually exploitative material; or
(b) Causes, induces or permits a child to engage in, or be used for, any explicit sexual conduct for the purpose of producing or making sexually exploitative material; or
(c) Promotes, prepares, publishes, produces, makes, finances, offers, exhibits or advertises any sexually exploitative material; or
(d) Distributes through any means including, but not limited to, mail, physical delivery or exchange, use of a computer or any other electronic or digital method, any sexually exploitative material. Distribution of sexually exploitative material does not require a pecuniary transaction or exchange of interests in order to complete the offense.

Question 3

18-1507A
Possession of sexually exploitative material for other than a commercial purpose

Answer 3

(1) It is the policy of the legislature in enacting this section to protect children from the physical and psychological damage caused by their being used in photographic representations of sexual conduct which involves children. It is, therefore, the intent of the legislature to penalize possession of photographic representations of sexual conduct which involves children in order to protect the identity of children who are victimized by involvement in the photographic representations, and to protect children from future involvement in photographic representations of sexual conduct.
(2) Every person who knowingly and willfully has in his possession any sexually exploitative material is guilty of a felony.

Question 4

18-1508
Lewd conduct with minor child under sixteen

Answer 4

Any person who shall commit any lewd or lascivious act or acts upon or with the body or any part or member thereof of a minor child under the age of sixteen (16) years, including but not limited to, genital-genital contact, oral-genital contact, anal-genital contact, oral-anal contact, manual-anal contact, or manual-genital contact, whether between persons of the same or opposite sex, or who shall involve such minor child in any act of bestiality or sado-masochism as defined in section 18-1507, Idaho Code, when any of such acts are done with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of such person, such minor child, or third party, shall be guilty of a felony and shall be imprisoned in the state prison for a term of not more than life.

Question 4

18-1508A
Sexual battery of a minor child sixteen or seventeen years of age

Answer 4

(1) It is a felony for any person at least five (5) years of age older than a minor child who is sixteen (16) or seventeen (17) years of age, who, with the intent of arousing, appealing to or gratifying the lust, passion, or sexual desires of such person, minor child, or third party, to:
(a) Commit any lewd or lascivious act or acts upon or with the body or any part or any member thereof of such minor child including, but not limited to, genital-genital contact, oral-genital contact, anal-genital contact, oral-anal contact, manual-anal contact or manual-genital contact, whether between persons of the same or opposite sex, or who shall involve such minor child in any act of explicit sexual conduct as defined in section 18-1507, Idaho Code; or
(b) Solicit such minor child to participate in a sexual act; or
(c) Cause or have sexual contact with such minor child, not amounting to lewd conduct as defined in paragraph (a) of this subsection; or
(d) Make any photographic or electronic recording of such minor child.
(2) For the purpose of subsection (b) of this section, “solicit” means any written, verbal or physical act which is intended to communicate to such minor child the desire of the actor or third party to participate in a sexual act or participate in sexual foreplay, by the means of sexual contact, photographing or observing such minor child engaged in sexual contact.
(3) For the purpose of this section, “sexual contact” means any physical contact between such minor child and any person or between such minor children which is caused by the actor, or the actor causing such minor child to have self contact.
(4) Any person guilty of a violation of the provisions of subsection (1)(a) of this section shall be imprisoned in the state prison for a period not to exceed life.
(5) Any person guilty of a violation of the provisions of subsections (1)(b), (1)(c), or (1)(d) of this section shall be imprisoned in the state prison for a period not to exceed twenty-five (25) years.

Question 5

18-3907
Obstruction of highways

Answer 5

Any person who obstructs, injures or damages any public road, street or highway, either by placing obstruction therein or by digging in, deepening or deviating the water of any stream, or by placing any obstruction in any ditch or stream within or along any public road, street or highway, or by placing or constructing any obstruction, ditch or embankments upon his own or other lands, so as to make or cause any water to flow upon or impair any public road, street or highway, or rides or drives upon and along the sidewalk of any road, street or highway, whenever such sidewalk has been graded or graveled, located or designated by any order of the board of commissioners or city council, or prepared in any other manner dedicating and designating the same for and to that particular use and purpose, either by the property owner or by the public, or in any other manner injures or obstructs any public road, street or highway, is guilty of a misdemeanor.

Question 6

18-6101
Rape

Answer 6

Rape is defined as the penetration, however slight, of the oral, anal or vaginal opening with the perpetrator’s penis accomplished with a female under any one (1) of the following circumstances:

(1) Where the female is under the age of sixteen (16) years and the perpetrator is eighteen (18) years of age or older.
(2) Where the female is sixteen (16) or seventeen (17) years of age and the perpetrator is three (3) years or more older than the female.
(3) Where she is incapable, through any unsoundness of mind, due to any cause including, but not limited to, mental illness, mental disability or developmental disability, whether temporary or permanent, of giving legal consent.
(4) Where she resists but her resistance is overcome by force or violence.
(5) Where she is prevented from resistance by the infliction, attempted infliction, or threatened infliction of bodily harm, accompanied by apparent power of execution; or is unable to resist due to any intoxicating, narcotic, or anaesthetic substance.

(6) Where she is at the time unconscious of the nature of the act. As used in this section, “unconscious of the nature of the act” means incapable of resisting because the victim meets one (1) of the following conditions:
(a) Was unconscious or asleep;
(b) Was not aware, knowing, perceiving, or cognizant that the act occurred.

(7) Where she submits under the belief that the person committing the act is her husband, and the belief is induced by artifice, pretense or concealment practiced by the accused, with intent to induce such belief.
(8) Where she submits under the belief that the person committing the act is someone other than the accused, and the belief is induced by artifice, pretense or concealment practiced by the accused, with the intent to induce such belief.
(9) Where she submits under the belief, instilled by the actor, that if she does not submit, the actor will cause physical harm to some person in the future; or cause damage to property; or engage in other conduct constituting a crime; or accuse any person of a crime or cause criminal charges to be instituted against her; or expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule.

Question 6

18-6108
Male Rape

Answer 6

Male rape is defined as the penetration, however slight, of the oral or anal opening of another male, with the perpetrator’s penis, for the purpose of sexual arousal, gratification or abuse, under any of the following circumstances:

(1) Where the victim is under the age of sixteen (16) years and the perpetrator is eighteen (18) years of age or older.
(2) Where the victim is sixteen (16) or seventeen (17) years of age and the perpetrator is three (3) years or more older than the victim.
(3) Where the victim is incapable, through any unsoundness of mind, whether temporary or permanent, of giving consent.
(4) Where the victim resists but his resistance is overcome by force or violence.
(5) Where the victim is prevented from resistance by threats of immediate and great bodily harm, accompanied by apparent power of execution.
(6) Where the victim is prevented from resistance by the use of any intoxicating, narcotic, or anaesthetic substance administered by or with the privity of the accused.
(7) Where the victim is at the time unconscious of the nature of the act, and this is known to the accused.

Question 8

18-8004
Persons under the influence of alcohol, drugs or any other intoxicating substances.

Answer 8

(1) (a) It is unlawful for any person who is under the influence of alcohol, drugs or any other intoxicating substances, or any combination of alcohol, drugs and/or any other intoxicating substances, or who has an alcohol concentration of 0.08, or more, as shown by analysis of his blood, urine, or breath, to drive or be in actual physical control of a motor vehicle within this state, whether upon a highway, street or bridge, or upon public or private property open to the public.
(b) It is unlawful for any person who is under the influence of alcohol, drugs or any other intoxicating substances, or any combination of alcohol, drugs and/or any other intoxicating substances, or who has an alcohol concentration of 0.04 or higher but less than 0.08, as defined in subsection (4) of this section, as shown by analysis of his blood, urine, or breath, to drive or be in actual physical control of a commercial motor vehicle within this state, whether upon a highway, street or bridge, or upon public or private property open to the public.
(c) It is unlawful for any person who is under the influence of alcohol, drugs or any other intoxicating substances, or any combination of alcohol, drugs and/or any other intoxicating substances, or who has an alcohol concentration of 0.08 or higher, as defined in subsection (4) of this section, as shown by analysis of his blood, urine, or breath, to drive or be in actual physical control of a commercial motor vehicle within this state, whether upon a highway, street or bridge, or upon public or private property open to the public.
(d) It is unlawful for any person under the age of twenty-one (21) years who has an alcohol concentration of at least 0.02 but less than 0.08, as defined in subsection (4) of this section, to drive or be in actual physical control of a motor vehicle within this state, whether upon a highway, street or bridge, or upon public or private property open to the public. Any person violating this subsection shall be subject to the penalties provided in section 18-8004A, Idaho Code.
(2) Any person having an alcohol concentration of less than 0.08, as defined in subsection (4) of this section, as shown by analysis of his blood, urine, or breath, by a test requested by a police officer shall not be prosecuted for driving under the influence of alcohol, except as provided in subsection (3), subsection (1)(b) or subsection (1)(d) of this section. Any person who does not take a test to determine alcohol concentration or whose test result is determined by the court to be unreliable or inadmissible against him, may be prosecuted for driving or being in actual physical control of a motor vehicle while under the influence of alcohol, drugs, or any other intoxicating substances, on other competent evidence.
(3) If the results of the test requested by a police officer show a person’s alcohol concentration of less than 0.08, as defined in subsection (4) of this section, such fact may be considered with other competent evidence of drug use other than alcohol in determining the guilt or innocence of the defendant.
(4) For purposes of this chapter, an evidentiary test for alcohol concentration shall be based upon a formula of grams of alcohol per one hundred (100) cubic centimeters of blood, per two hundred ten (210) liters of breath or sixty-seven (67) milliliters of urine. Analysis of blood, urine or breath for the purpose of determining the alcohol concentration shall be performed by a laboratory operated by the Idaho state police or by a laboratory approved by the Idaho state police under the provisions of approval and certification standards to be set by that department, or by any other method approved by the Idaho state police. Notwithstanding any other provision of law or rule of court, the results of any test for alcohol concentration and records relating to calibration, approval, certification or quality control performed by a laboratory operated or approved by the Idaho state police or by any other method approved by the Idaho state police shall be admissible in any proceeding in this state without the necessity of producing a witness to establish the reliability of the testing procedure for examination.
(5) “Actual physical control” as used in this section, shall be defined as being in the driver’s position of the motor vehicle with the motor running or with the motor vehicle moving.
(6) Notwithstanding any other provision of law, any evidence of conviction under this section shall be admissible in any civil action for damages resulting from the occurrence. A conviction for the purposes of this section means that the person has pled guilty or has been found guilty, notwithstanding the form of the judgment(s) or withheld judgment(s).
(7) The fact that any person charged with a violation of the provisions of this chapter involving being under the influence of any drug, or any combination of drugs with alcohol or any other intoxicating substance, is or has been entitled to use such drug under the laws of this state or of any other jurisdiction shall not constitute a defense against any charge of a violation of the provisions of this chapter.

Question 9

23-1011
Officers may examine premises

Answer 9

The director or his duly authorized representative, the sheriff of any county, or any other police officer, shall have the right at any time to make an examination of the premises of any licensee as to whether the laws of the state of Idaho, the rules and regulations of the director, and the ordinances of any city or county are being complied with.

Question 10

23-1013
Restrictions concerning age

Answer 10

Any person who is nineteen (19) years of age or older may sell, serve, possess or dispense beer in the course of his employment, otherwise it shall be unlawful for any person to sell, serve or dispense beer to or by any person under twenty-one (21) years of age, proof of which, shall be a validly issued state, district, territorial, possession, provincial, national or other equivalent government driver’s license, identification card or military identification card bearing a photograph and date of birth, or a valid passport.

Question 12

23-1023
Beer – Authorization to deliver

Answer 12

The prohibition upon possession of beer by any person under twenty-one (21) years of age does not apply to possession by a person under the age of twenty-one (21) years making a delivery of beer in pursuance of the order of his parent or in pursuance of his employment, or when such person under the age of twenty-one (21) years is in a private residence accompanied by his parent or guardian and with such parent’s or guardian’s consent.

Question 13

23-505
Transportation of alcoholic beverages

Answer 13

(1) Alcoholic liquor lawfully purchased may be transported, but no person shall break open, or allow to be broken or opened any container of alcoholic liquor, or drink, or use, or allow to be drunk, or used any alcoholic liquor therein while the same is being transported. Provided however, that an unsealed alcoholic beverage container may be transported in an enclosed trunk compartment or behind the last upright seat of a vehicle which has no trunk compartment.
(2) No person in a motor vehicle, while the vehicle is on a public highway or the right-of-way of a public highway may drink or possess any open beverage containing alcoholic liquor, unless such person is a passenger in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, or in the living quarters of a recreational vehicle as that term is defined in section 49-119, Idaho Code. Violation of this section is a misdemeanor for the individual in actual physical control of the vehicle, as defined in section 18-8004, Idaho Code, and an infraction for other individuals violating this section.

Question 14

23-603
Dispensing to a person under the age of twenty-one years

Answer 14

Any person who is eighteen (18) years of age or older who shall sell, give, or furnish, or cause to be sold, given, or furnished, alcohol beverage, including any distilled spirits, beer or wine, to a person under the age of twenty-one (21) years shall be guilty of a misdemeanor.

Question 15

23-606
False procurement of permit or license

Answer 15

Any person who procures, or attempts to procure, a permit or license under the provisions of title 23, Idaho Code, by false or fraudulent representations, or under a false or fictitious name, shall be guilty of a misdemeanor.

Question 16

23-611
Officers may seize illegal alcoholic liquor

Answer 16

The director of the Idaho state police or any of his agents, any sheriff, constable or other peace officer who shall find any liquor, possessed, manufactured, transported, purchased, sold or disposed of by any person in violation of the provisions of this act, or any other laws of the state of Idaho, may forthwith seize and remove the same and keep the same as evidence, and upon conviction of the person, the said liquor and all packages and receptacles containing the same shall be forfeited to the state of Idaho and, in addition, persons so violating this act shall be subject to the other penalties herein prescribed.

Question 18

23-934
Unlicensed rooms unlawful

Answer 18

It shall be unlawful for any person to keep or maintain any rooms or premises in which liquor is received or kept, whether owned by such person or by another, or to which liquor is brought, for consumption on the premises by members of the public or of any club, incorporated or unincorporated, or a corporation or association, unless such person and the premises are licensed under this act, except as provided under a liquor catering permit.

Question 18

23-943
Persons under specified ages forbidden to enter, remain in or loiter at certain licensed places

Answer 18

No person under the age of twenty-one (21) years shall enter, remain in or loiter in or about any place, as herein defined, licensed for the sale of liquor by the drink at retail, or sale of beer for consumption on the premises; nor shall any licensee of either such place, or any person in charge thereof, or on duty while employed by the licensee therein, permit or allow any person under the age specified with respect thereto to remain in or loiter in or about such place.

Provided, however, it is lawful for persons who are musicians and singers eighteen (18) years of age or older, to enter and to remain in any place as defined in section 23-942, Idaho Code, but only during and in the course of their employment as musicians and singers. Provided further, that it is lawful for persons who are nineteen (19) years of age or older to sell, serve, possess or dispense liquor, beer or wine in the course of their employment in any place as defined in section 23-942, Idaho Code, or in any other place where liquor, beer or wine are lawfully present, so long as such place is the place of employment for such person under twenty-one (21) years of age. However the foregoing shall not permit the sale or distribution of any alcoholic beverages to any person under the ages specified for sale of alcoholic beverages.

Question 19

49-1402
Parties to a crime

Answer 19

Every person who commits, attempts to commit, conspires to commit, or aids or abets in the commission of any act declared to be a crime, whether individually or in connection with one or more other persons or as a principal, agent, or accessory, shall be guilty of that offense, and every person who falsely, fraudulently, forcibly, or willfully induces, causes, coerces, requires, permits, or directs another to violate any provision of this title is likewise guilty of that offense.

Question 20

49-916
Farm Equipment LIghts/Reflectors

Answer 20

Lamps on farm tractors, farm equipment and implements of husbandry. (1) Every farm tractor and every self-propelled farm equipment unit or implement of husbandry not equipped with an electric lighting system shall at all times specified in section 49-903, Idaho Code, be equipped with at least one (1) lamp displaying a white light visible from a distance of not less than five hundred (500) feet to the front of the vehicle and shall also be equipped with at least one (1) lamp displaying a red light visible from at least the same distance to the rear of the vehicle, and two (2) red reflectors visible from a distance of one hundred (100) to six hundred (600) feet to the rear when illuminated by the upper beams of head lamps. Lights required in this section shall be positioned so that one (1) lamp showing to the front and one (1) lamp or reflector showing to the rear will indicate the further projection of the tractor, unit or implement on the side of the road used in passing the vehicle.

(3) Every farm tractor and every self-propelled unit of farm equipment or implement of husbandry equipped with an electric lighting system shall at all times specified in section 49-903, Idaho Code, be equipped with two (2) single-beam or multiple-beam head lamps and two (2) red lamps visible from a distance of not less than five hundred (500) feet to the rear, or in the alternative, one (1) red lamp visible from a distance of not less than five hundred (500) feet to the rear and two (2) red reflectors visible from a distance of one hundred (100) to six hundred (600) feet to the rear when illuminated by the upper beams of head lamps. Red lamps or reflectors shall be mounted in the rear of the farm tractor or self-propelled implement of husbandry to indicate as nearly as practicable the extreme left and right projections of the vehicle on the highway.

Question 21

49-933
Brakes

Answer 21

(1) Every motor vehicle, other than a motorcycle or motor-driven cycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold the vehicle, including two (2) separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two (2) wheels. If the two (2) separate means of applying the brakes are connected in any way, they shall be so constructed that failure of any one (1) part of the operating mechanism shall not leave the motor vehicle without brakes on at least two (2) wheels.
(2) Every motorcycle and every motor-driven cycle, when operated upon a highway, shall be equipped with at least one (1) brake, which may be operated by hand or foot.

Question 22

56-227
Welfare Fraudulent Acts

Answer 22

(1) Whoever knowingly obtains, or attempts to obtain, or aids or abets any person in obtaining, by means of a willfully false statement or representation, material omission, or fraudulent devices, public assistance, relief or federal-aid assistance to which he is not entitled, or in an amount greater than that to which he is justly entitled, shall be punished in the same manner and to the same extent as for larceny or theft of the money or value of the public assistance so obtained or attempted to be so obtained.
(2) Whoever sells, conveys, mortgages or otherwise disposes of his property, real or personal, or conceals his income or resources, for the purpose of rendering him eligible for any form of assistance, theretofore or thereafter applied for, to which he would not otherwise be entitled, shall be punished in the same manner and to the same extent as for larceny or theft of the money or value of the assistance so obtained or so attempted to be obtained.
(3) Every person who knowingly aids or abets any person in selling, conveying, mortgaging or otherwise disposing of his property, real or personal, or in concealing his income or resources for the purpose of rendering him eligible for any form of public assistance or relief, theretofore or thereafter applied for and received, to which he would not otherwise be entitled, shall be punished in the same manner and to the same extent as for larceny or theft of the money or value of the public assistance or relief so obtained or attempted to be obtained.

Question 24

CC 6-2
Open Container

Answer 24

No person shall consume any beer, wine, liquor or any other alcoholic beverage or have in his or her possession any open containers or receptacles containing any beer, wine, liquor or any other alcoholic beverage on any public parks, grounds or thoroughfares, streets, alleys, sidewalks, rights-of-way or privately owned parking lots open to the public within the city or at any other place therein excepting the following:

(1) Private property;
(2) A golf course facility during authorized hours of operation;
(3) Upon premises licensed for the sale and consumption of beer, wine or liquor or upon premises whereon beer, wine or liquor is sold by a licensee under a valid alcohol beverage catering permit as authorized by law;
(4) Possession and consumption of beer and wine as defined by the Idaho Code by persons twenty-one (21) years of age or older may be allowed within the confines of Brackenbury Square, Pioneer Park, Hereth Park, Locomotive Park and Kiwanis Park; or other parks as approved by the parks and recreation director for approved events; and upon application to the city and conditioned on regulations promulgated by the city manager and contained in the permit issued for such activity.

Question 25

PM 1.19
Compensation for Overtime Work

Answer 25

I. PURPOSE
A. To establish a procedure for the processing and accounting of all overtime hours.
B. To establish a procedure for requesting time off.
C. To establish a procedure for the mutual trading of shifts between employees.
D. To provide the Administrative Secretary and the Finance Department of the City of Lewiston with current overtime/compensatory and vacation information.

II. SCOPE
This directive applies to each member of the department and is in addition to those related procedures contained in Section 316 through 318 of the City of Lewiston Personnel Policy.

III. PROCEDURE
A. Overtime Payment, Compensatory Time Accrual and Directed Time Off(DTO)
1. These requests shall be completed and submitted as soon as possible after the overtime hours have been worked so that up-to-date documentation and records may be maintained.
2. An employee requesting overtime payment, compensatory time accrual or directed time off must complete the Overtime PaymentCompvacation/DTO Time Request Form (Appendix A). The completed request shall then be submitted to the employee’s supervisor for approval.
3. Supervisors, after reviewing a request and ensuring that it is correct and complete, should approve the request by signing the same.
4. Supervisors who deny a request for overtime payment compensatory accrual, or DTO will return the form (Appendix A) to the employee with an explanation concerning the reason(s) for the rejection. (This may simply be handwritten on the form.)
5. The supervisor approving the overtime payment, compensatory accrual or DTO time requests will submit the request to his/her Section Commander. The Section Commander will sign the request and submit the request to the Administrative Secretary for further processing.
B. Vacation/Comp Time Off
1. All requests for time off will be made on the Overtime payment/Comp, Vacation, /DTO time request form. (Appendix A)
2. Employees making a request for time off shall submit the request to his/her supervisor for review and approval/disapproval. When a supervisor approves such a request, he/she shall record the time off to be taken in the particular work schedule in which the employee is listed. The supervisor will then submit the request to his/her Section Commander. The Section Commander will submit the request to the Administrative Secretary for further processing.
3. Supervisors who deny a request for time off will return the form (Appendix A) to the employee with an explanation concerning the reason(s) for the rejection. (This may simply be handwritten on the form.)
C. Cancellation of Pre-Approved Vacation/Comp Time Off
When an employee has reason to cancel his/her pre-approved vacation, comp time, or DTO, , and the Appendix A form has been submitted to the Administrative Secretary, the employee will notify his/her supervisor and the Administrative Secretary of his/her cancellation intentions by a Memorandum or via email as soon as possible.
D. Record Keeping
After receiving a properly approved request for payment of overtime, the Administrative Secretary will calculate the correct amount of hours to be credited to the employee. The rate of payment/accrual will correspond with that determined by the City of Lewiston Personnel Policy or by any labor agreement under which the employee may be covered.
E. Scheduled Shift Trades
1. Employees wanting to make a shift trade must complete the Shift Trade Contract (Appendix B) and submit to his/her supervisor responsible for scheduling or his/her designee. In Field Operations, both employees will submit the Shift Trade Contract to his/her respective supervisor. Either supervisor can deny the shift trade and will return the form to the employees wanting to make the shift trade. In Investigations and Communications the supervisor can deny the shift trade and will return the form to the employees wanting to make the shift trade.
2. Traded time off will be paid back (worked) within 30 days of original trade.
3. Trade time will not be approved if any member would work more than 15 consecutive hours.
4. Trade time will not be approved if any member would ultimately work more than seven (7) consecutive days.
5. Trade time will not result in additional pay or overtime liability to the city.
6. Vacation or Comp Time is not allowed to be used in lieu of working on the days that are being traded. If the employee calls in sick and the agreement is not met, the member not fulfilling the trade will be charged with sick leave.
7. A copy of the Shift Trade Contract will be forwarded to the Administrative Assistant upon final approval.

Question 26

PM 1.22
News Media Release Policy

Answer 26

I. PURPOSE
A. Release of Information to News Media
1. It is the policy of the Lewiston Police Department to maintain a cooperative relationship with the media to provide information of interest to the public consistent with protection of legal rights of involved individuals, and to provide information as required by laws regulating public access to official information. A positive police/media relationship is our primary goal.
2. The purpose of this policy is to establish guidelines to be followed in the issuance of press releases or release of information to the news media on law enforcement incidents only. Further, it is intended for the purpose of providing consistency in terms of format and style when press releases are prepared.
B. Press Releases
1. When an event occurs which is likely to generate community or media interest, consideration should be given to the issuance of a press release. Press releases may be issued by the investigating officer, a supervisor or staff members of the department.
a. A press release log (Appendix A) will be maintained in the “Press Release Log” folder on the desktop in the schedule folder.
b. Any member who issues a press release will request a press release number (02-01, 02-02, etc) from the on-duty communications specialist. The communications specialist will search the “Press Releases” folder to find the next number to be used.
c. The Investigating officer, supervisor or staff member will type the press release using the format as shown in Appendix B and save it to the “Press Release” folder and notify the on-duty communications specialist that it is ready to be processed.
d. The on-duty communications specialist will send an email to the distribution group in the address book titled “Press Release”. The email should have the completed and saved press release as an attachment.
e. The on-duty communications specialist will print a copy of the press release for the incident.
f. The on-duty communications specialist will enter the necessary information in the “Press Release Log” and save the file by hitting “save as” and use the beginning date of each press release log. (For example: if the first entry on the Press Release Log is on January 1, 2012 then the “save as” file will be 01-01-12 Press Release. That date will continue to be used until the log page is filled up then a new page will be started with it being saved to the new date
g. Press releases will be emailed to:
1) City Manager
2) City Attorney
3) Chief of Police
4) Division Commanders
5) Section Commanders
6) Technical Corporal
7) Media As Requested
C. Release of Information
The Investigations Section Commander/Supervisor will ensure that a timely release of pertinent information is provided to the media concerning ongoing or completed criminal investigations.
D. Public Information Officer – Major Incidents
1. The Public Information Officer (PIO) will be the Support Services Division Commander. In the absence of the Support Services Commander, the PIO should be another Command Staff member. In this instance, the media will then be directed to obtain official information through the acting PIO.
2. When the Public Information Officer is not immediately available the ranking officer at the scene of an incident shall act as the media representative for the Department until the PIO arrives.
E. Other Incidents of Interest to the Media
Department members may provide factual information to the media on reported incidents.
F. Information Which May be Released to the Media
1. Arrested person’s name (if an adult), age, residence, and sex. A photograph of an adult arrested person may be provided to the media.
2. Originating source of information for the action, either citizen’s complaint, officer initiated, warrant and the substance or text of the charge and statutes violated; date, time, and location of arrest, and property value stolen if appropriate.
3. The length of the investigation and present status, either active or concluded.
4. The immediate circumstances surrounding the arrest including any acts of resistance on the part of the arrestee.
5. Photographs, composites, physical descriptions or names of suspects may be released to the media to assist law enforcement in locating the suspect(s).
G. Information Which May Not Be Released to the Media
No member of the Department shall release any information pertaining to another agencies arrest, pending case, or investigation; an exception to this rule may occur when the Chief of Police or his/her designee prepares a press release of an arrest, pending investigation or investigation involving members of the Quad Cities Drug Task Force.
H. Allowing Media to Enter Area of an Incident or Crime Scene
Police lines may be established to prevent persons from entering the area of an incident or crime scene. Dependant upon the tactical situation and the likelihood of jeopardizing police operations, members of the news media may or may not be allowed in these areas. Authorization for entry is normally dependant upon the judgment of the supervisor present. While members of the media may be permitted in the area of a crime scene or a serious incident, they do not have the authority to be within an area that has been secured to preserve evidence, or at any location where their presence jeopardizes police operations, or on private property.

Question 26

PM 1.25
Off Duty Employment

Answer 26

II. POLICY
It is the policy of the Lewiston Police Department that all employees will obtain approval from the Chief of Police before engaging in off-duty employment. (Section 1705, City Employee Manual)

III. DEFINITIONS
A. Employment: The provision of a service, whether or not in exchange for a fee or other service.
B. Extra-Duty Employment: Any employment that is conditioned on the actual or potential use of law enforcement powers by the police officer employee.
C. Regular Off-Duty Employment: Any employment that will not require the use, or potential use of law enforcement powers by the off-duty employee.

IV. PROCEDURES
There are two types of off-duty employment in which an employee may engage:
A. Regular Off-Duty Employment: Employees may engage in off-duty employment that meets the following criteria:
1. Employment of a non-police nature in which vested police powers are not a condition of employment; the work provides no real or implied law enforcement service to the employer and is not performed during assigned hours of duty.
2. Employment that presents no potential conflict of interest between his/her duties as a police officer and his/her duties for his/her secondary employer.
3. Employment that does not constitute a threat to the status or dignity of the police as a professional occupation.
B. Extra-Duty Employment: Police Officers may engage in extra-duty employment as follows:
1. Where a governmental entity has a contract agreement with the City of Lewiston for police services.
2. Officers will be subject to all rules and procedures of the department.
3. Officers will be expected to ask for advice from an on-duty supervisor or command officer in all circumstances of an unusual nature or about which the employee has questions.
4. Officers will be required to make any necessary reports during the course of extra-duty employment.
C. General Rules:
1. Employees will not be permitted to engage in off-duty employment eight (8) hours prior to his/her regular tour of duty to permit a reasonable period of rest time.
2. Off-duty employment will not be approved for any employee whose sick record indicates a lack of strength or stamina necessary to sustain both employments.
3. Entry-level employees will not be permitted to perform off-duty employment during his/her initial training period (i.e. Field Training Program).
4. A separate request form will be necessary for each employer, if more than one.
5. Employee must keep his/her supervisor, Division Commander and the Chief of Police informed on any change of off-duty employment status.

V. PROCESSING OF REQUEST
The Chief of Police shall receive the off-duty request (Appendix A) within five business days of submittal.

Question 28

PM 2.10
Processing DUI Suspects

Answer 28

II. DEFINITION
Drunk Driver: Any person who is driving or in actual physical control of a motor vehicle with a blood alcohol level in excess of the statutory limits set forth in Idaho Code or under the influence of alcohol, drugs, or other intoxicating substances.

III. PROCEDURE
A. Once probable cause for the continuance of the investigation is established, the officer will stop the vehicle and contact the driver. If the driver exhibits indications of intoxication, the audio recorder, if available, will be actuated.
B. Based upon the observations, the officer will then require the driver to perform field sobriety tests to allow a determination of whether or not to arrest the driver. The following tests, unless circumstances do not allow them, will be given in this order:
1. Horizontal Gaze Nystagmus
2. Walk and Turn
3. One Leg Stand
Additionally, officers may require other test(s), such as; reciting the alphabet, counting backwards (using at least 20 numbers), finger to nose, etc. or any other test the officer is comfortable in administering, when circumstances dictate.
C. If the officer decides to make an arrest, the suspect will be handcuffed, searched and placed into the patrol unit.
D. The driver will be transported to the Nez Perce County Annex, Intoxilyzer Room, for the administration of the evidentiary test requested by the officer.
E. If a breath test is to be offered, the officer will conduct a visual check to assure that nothing foreign is in the suspect’s mouth. The officer will record the time from the Intoxilyzer on the instrument printer card.
F. The ALS Advisory Form will either be read to the subject or the audio CD will be played, and the officer will attempt to answer questions. The form does not have to be read verbatim, but the person should be substantially informed of the information on the form. If the subject agrees to evidentiary test(s), the first choice should be breath. The CD is provided in either English or Spanish.
1. Two breath samples should be obtained. If the suspect provides only one valid sample, it is a legal test and does not constitute a refusal.
2. If the suspect does not provide a sufficient breath sample, the officer should inquire if the suspect suffers from a physical condition which prevents him/her from successfully completing the breath test. If so, the officer should request blood (unless the suspect demonstrates a fear of needles), then the third option is urine.
3. If a urine test is administered and the sample is for alcohol analysis only, the officer shall have the subject “void” (empty bladder), wait the necessary time (approximately twenty minutes) collect a sample and submit it for analysis.
Note: When collecting urine for the analysis of inhalants or other drugs, it is not necessary to perform a “void” and any initial urine sample that is collected may be used for analysis.
G. Upon completion of the testing procedure and the person is determined to be legally intoxicated; or who submits to a blood or urine test; or who refuses to submit to the requested test, they shall be incarcerated in the Nez Perce County Jail.
1. Exception:
a. Persons arrested for DUI who are under the age of eighteen will be released to a parent, guardian or responsible adult or as a last resort, will be placed in the Juvenile Detention Facility.
b. Persons arrested for DUI who do not have a blood alcohol level over the legal limit; and no competent evidence exists to establish use of drugs or other intoxicating substances will be released. They will be provided transportation to their vehicle or other local destination.
c. A person that is hospitalized as a result of an accident or injury, or a person that the jail facility will not accept should be issued a complaint and summons, released to a responsible person or allowed to remain at the treating facility.
H. A written report will be completed which may include; narrative, supplemental(s), 18-8002 Advisory, Alcohol Influence form, Rights Warning, Citation, Probable Cause forms and the Intoxilyzer print out, in addition to any other necessary forms not yet determined.

Question 29

PM 4.04
Public Records Access

Answer 29

It shall be the policy of the Lewiston Police Department to allow full public access to the records of the department, as specified in Idaho State Code 9-335 through 9-348, while restricting disclosure of information that may compromise an on-going investigation or which is exempt from disclosure under this law, case law, or other laws of the State of Idaho, or United States.
To ensure that the release of records are handled in a fair and consistent manner, all requests under the Idaho Public Records Law shall be made in writing. Exceptions to this provision shall be made only in cases of releases to other criminal justice agencies or in accordance with published guidelines for documents which do not need prior review, such as traffic collision reports.