This is the third in an Evidence Log, series examining areas of concern in the operation of a professional property unit. Each one will discuss an area (or areas) of property unit operation, using the format of (1) describing the discussion topic, (2) quoting standards from various sources, and (3) providing a narrative discussion of the goals that the standards hope to accomplish.

          Many people have come to use "policy" and "procedure" as interchangeable. An appropriate differentiation is to think of policy as the goal and rationale, and procedure as instructions. For example, it may be the policy of an agency to "package items to provide for their safety and prevent contamination," but the procedure manual describing how to do that for each different type of property may be a hundred pages long. Note in the two following standards that one seems directed toward policy, and the other intimates that the primary agency policy should be to have a good set of procedures.

Standards

          In order to clarify and standardize the procedures for the collection, storage, release, and disposal of property, it is mandatory that one or more general orders, property manual, or directives be used to guide the operation of an agency's property function. These orders should clearly define the duties and responsibilities of any agency employee who takes part in any way in the handling or disposal of property. CA POST - Managing Property In Law Enforcement Agencies, Page 3, 1984.

          It is critical that a law enforcement agency's property and evidence control function develop and maintain strict measures for the receipt, handling, security, and disposition of property. A written directive establishes procedures for receiving all in-custody and evidentiary property obtained by employees into agency control, to include:

a. requiring all property to be logged into agency records as soon as possible;
b. requiring all property to be placed under the control of the property and vidence  control function before the officer ends his/her tour of duty;
c. requiring a written report detailing the circumstances by which the property came into the agency's possession and describing each item of property obtained;
d. providing guidelines for packaging and labeling property prior to storage;
e. establishing extra security measures for handling exceptional, valuable, or sensitive items of property;
f. requiring an effort to identify and notify the owner or custodian of property in the agency's custody; and
g. establishing procedures for the temporary and final release of property items from the control of the property and evidence function. CALEA, 84. 1.1

          Policy and procedure are both critical elements of today's litigious society, because many suits are based on violations of policy or procedure, rather than violations of law. Legal review of procedures manuals should be as much a standard part of their development as is review of policy statements. Suggestions from employees should be encouraged and taken very seriously in policy development, as they frequently know more about the issues involved than anyone else. Give them prompt feedback, and commend them for initiative even if the idea is rejected.

          Remember that policy is not solely to prevent bad employees from getting away with violations, or to limit the potential for "opportunistic" violations. Policy's most noble purpose is to protect good employees from unjust accusations of misconduct, thus ensuring the integrity of the agency. Emphasizing this premise, our next Standards column will recommend specific policy concerns.