SAMPLE NON-EMERGENCY 9-1-1 CALLS & MISUSE OF 
THE EMERGENCY 9-1-1 TELEPHONE SERVICE

Purpose.

It is a call taker’s top priority to answer all emergency calls promptly and assist the caller by ensuring that the appropriate emergency response has been initiated. Furthermore, call takers should take such steps as appropriate to discourage callers from utilizing 9-1-1 for non-emergency situations.

Procedure.

Non-Emergency 9-1-1 Calls.  Call takers shall strive to answer all emergency calls directed to their workstation promptly within 10 seconds as recommended in NENA Call Answering Standard 3.1. However, every effort must be made to answer calls on the first ring. Emergency 9-1-1 calls and other 7 or 10-digit emergency calls shall take precedence over routine or non-emergency calls. Emergency 9-1-1 call answering and related dispatching shall take precedence over all other job tasks.

If a 9-1-1 line is answered and the call is determined to not be of an emergency nature, immediately inform the caller of the administrative number, time allows. If necessary, place the caller on HOLD in order to handle other emergency calls. 

Misuse of Emergency 9-1-1 Telephone Service.  It shall be unlawful (as stated in 25 MRSA 2931) for any person to misuse the 9-1-1 emergency telephone service by dialing 9-1-1 to make non-emergency reports or inquiries, or to cause an alarm device to automatically dial 9-1-1 and transmit a pre-recorded signal or message. 

For the purposes of this section, "emergency" means any incident involving danger to life or property that calls for an immediate response by EMS, fire, police or other public safety organizations.   "Misuse of the emergency telephone service", includes, but is not limited to, repeatedly calling "9-1-1" for any situation that is not an emergency (i.e. causing operators or equipment to be in use for non-emergencies and "repeatedly" means a second or subsequent time, after having been forbidden to do so by a call taking supervisor or law enforcement officer). 

Whenever a 9-1-1 call is received that is believed to be an abuse of the 9-1-1 system, the following steps are to be followed:

Call takers will forbid the caller from dialing further 9-1-1 calls, as a violation of state law, or have a communications supervisor or law enforcement officer do so, either at the initial receipt of the call or by re-dialing the caller or by having an officer contact the caller in person to issue the warning.

Call takers will inform their respective supervisor whenever they receive a 9-1-1 call that was identified as misuse of the emergency telephone service and attach a note to the call history documenting the nature of the call and any warning given and by whom.

If prosecution is anticipated, the supervisor or call taker will seize the digital recording and ALI printout and attach a brief note indicating that the information on the ALI sheet pertains to a call that was identified as misuse of the emergency telephone service.  This information shall be given to the PSAP coordinator. 

The PSAP coordinator shall log the telephone number of the subscriber on the “Misuse of Emergency 9-1-1 Telephone Service Log”.

The appropriate law enforcement agency may also send a letter to the telephone subscriber whose phone generated the 9-1-1 calls and file a copy of the documentation with the communications center.

The letter shall be a form letter, which shall cite MRSA 2931 section 1 A or B, which constitutes the violation of the 9-1-1 policy.  It shall state that legal action will result if corrective action is not taken.

The letter to the violator shall be delivered in hand or by registered mail, return receipt.  If compliance is gained, the matter will be filed with no further action.

If compliance is not gained, then the PSAP coordinator shall contact the law enforcement agency having jurisdiction over the location from which the call was generated.  The investigating officer in that department will be requested to prosecute the matter by summoning the violator to appear in court at the next scheduled regular sitting of that court, or in the discretion of the prosecuting authority, at the earliest available or convenient date.

The PSAP coordinator shall supply to the investigating officer, a copy of the ALI printout, digital recording and a copy of the registered letter with return receipt.

The prosecuting authority shall be requested to submit to the 9-1-1 PSAP coordinator and the Director of the ESCB, a report on the disposition of the case.

Receiving Calls from Automatic Dialing Equipment.  No person shall connect to a telephone service supplier's network or private customer network any alarm, or other alerting device that automatically dials, without human initiation, and provides a pre-recorded message in order to directly access the services that may be obtained through dialing "9-1-1". 

Call takers shall process the 9-1-1 re-recorded call as they would in any emergency call where safety of the caller is in question, and dispatch law enforcement to the location to determine whether the alarm is real or false.

Call takers will inform their respective supervisor whenever they process a 9-1-1 call generated by automatic alerting device with a pre-recorded message.

If prosecution is anticipated, the supervisor or call taker will seize the digital recording and ALI printout and attach a brief note indicating that the information on the ALI sheet pertains to an automatic alerting device call.  This information shall be given to the PSAP coordinator. 

The PSAP coordinator shall log the information on the automatic equipment log.

The PSAP coordinator shall send a letter to the telephone subscriber whose phone generated the 9-1-1 call. 

The letter shall be a form letter, which shall cite MRSA 2931 section 1B, which constitutes the violation of the 9-1-1 policies.  It shall state there is a 30-day period for correction and they are to provide a written notice to the 9-1-1 agency that corrective action has been taken and a statement that legal action will result if corrective action is not taken. The coordinator may authorize the use of a non-emergency number for the receipt of such calls at the center.

The letter to the violator shall be registered mail, return receipt.  If compliance is gained, the matter will be filed with no further action.

If compliance is not gained, then the PSAP coordinator, upon the expiration of the 30-day period provided for corrective action, shall contact the police department having jurisdiction over the location from which the call was generated.  The investigating officer in that department will be requested to prosecute the matter by summoning the violator to appear in court at the next scheduled regular sitting of that court, or in the discretion of the prosecuting authority, at the earliest available or convenient date.

The PSAP coordinator shall supply to the investigating officer, a copy of the ALI printout, digital recording and a copy of the registered letter with return receipt.

The prosecuting authority shall be requested to submit to the 9-1-1 PSAP coordinator and the Director of the ESCB, a report of the disposition of the case.

The report on the disposition shall be filed in the case record.

Nothing in this rule precludes the prosecuting official(s) of the department having jurisdiction from disposing of the matter by means short of formal investigation so long as compliance with the law is gained.

(Note:  This sample policy is for guidance and reference purposes to assist Public Safety Answer Points (PSAPs) in developing individualized policies.  Any policy adopted by a PSAP should be tailored to its specific situation and resources and comply with all applicable laws and regulations, including, without limitation, workplace safety and anti-discrimination laws.  Where appropriate, PSAPs should consult with legal counsel.  The State of Maine makes no representations with respect to the appropriateness of this sample policy as it pertains to individual PSAPs and assumes no liability with respect to any third-party claim.  This sample policy is of a general informational and educational nature.  This sample policy is provided with the understanding that it is not legal advice or intended to create an evidentiary standard, or a standard of care or safety that is not otherwise established in the industry.)

4/1/2019