standards of conduct model policy

8/14/2019 Standards of Conduct Model Policy

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I . PURPOSE

It is the pu rpose of this policy to provide add ition -al specificity to the stand ard s of cond uct embod ied inthe law enforcement officers code of ethics and thisagencys statement of values so that officers of thisagency will better u nderstand prohibitions and limita-tions pertaining to their conduct and activities whileon and off du ty.

The rules of cond uct set forth in this policy are notintended to serve as an exhaustive treatment ofrequirements, limitations, or prohibitions on officerconduct and activities established by this agency.Rather, they are intend ed to (1) alert officers to some of

the more sensitive and often problematic mattersinvolved in police conduct and ethics; (2) specify,wh ere possible, actions and inactions that are contraryto and that conflict with the du ties and resp onsibilitiesof law enforcement officers, and (3) guide officers inconducting themselves and th eir affairs in a man nerthat reflects standards of dep ortment and profession -alism as required of law enforcement officers.Add itional guidance on matters of condu ct is provid -ed in rega rd to specific policies, procedu res, and d irec-tives disseminated by this agency and from officersimmediate supervisors and command ers.

II. POLICY

Actions of officers that are inconsistent, incomp atible,or in conflict with the values established by thisagency negatively affect its reputation and that of itsofficers. Such actions and inactions thereby detractfrom th e agencys overall ability to effectively and effi-ciently protect the public, maintain peace and order,and conduct other essential business. Therefore, it isthe p olicy of this law en forcement agency th at officersconduct themselves at all times in a manner that

reflects the ethical stand ard s consistent w ith the ru lescontained in this policy and otherwise disseminatedby this agency.

III. DEFINITIONS

Accountability: In the context of this policy, account -ability means the duty of all officers to truthfullyacknowledge and explain their actions and decisionswhen requested to do so by an au thorized member ofthis agency without d eception or su bterfuge.

IV. PROCEDURES

A. General Conduct1. Obedience to Laws, Regulations, and Orders

a. Officers shall not violate any law or anyagency policy, rule, or procedu re.

b. Officers shall obey all lawful orders.2. Conduct Unbecoming an Officer

Officers shall not engage in any conduct oractivities on- or off-duty that reflect discrediton the officers, tend to bring this agency intodisrepute, or impair its efficient and effectiveoperation.

3. Accoun tability, Respon sibility, and Discipline

a. Officers are directly accountable for theiractions through the chain of command, tothis ag encys chief executive officer.

b. Officers shall cooperate fully in any internaladministrative investigation conducted bythis or other authorized agency and shallprovide complete and accurate informationin regard to any issue und er investigation.

c. Officers sha ll be accur ate, com plete, andtruth ful in all matters.

d. Officers shall accept responsibility for theiractions without at tempting to conceal ,

M od el Policy

STANDARDS OFCONDUCT

Effective Date Number

August 1, 1997

Subject

Standards of Conduct

Reference Special Instructions

Distribution Reevaluation Date No. Page

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divert, or m itigate their tru e culpability norshall they engage in efforts to thw art, influ-ence, or interfere with an internal or crimi-nal investigation.

e. Officers who are arrested, cited, or comeunder investigation for any criminaloffense in this or another jurisdiction shallreport th is fact to a sup erior as soon as pos -

sible.4. Conduct Toward Fellow Employeesa. Officers shall condu ct themselves in a man -

ner that wil l foster cooperation amongmembers of this agency, showing respect,courtesy, and professionalism in their deal-ings with one another.

b . Employees shal l no t use language orengage in acts that demean, harass, orintimidate another person. (Membersshould refer to this agencys policy onHarassment and Discrimination in theWorkplace for additional information onthis su bject)

5. Conduct Toward the Publica. Officers shall condu ct themselves toward

the pu blic in a civil and professional man -ner th at connotes a service orientation andthat will foster public respect and coopera -tion.

b. Officers shall treat violators with respectand courtesy, guard against employing anofficious or overbearing attitude or lan -guage that may belittle, ridicule, or intimi-date the individu al, or act in a man ner that

unnecessarily delays the performance oftheir duty.

c. While recognizing the need to demonstrateauthority and control over criminal sus -pects and prisoners, officers shall adhere tothis agencys use-of-force policy and shallobserve the civil rights and pr otect the well-being of those in their charge.

6. Use of Alcohol and Drugsa. Officers shall not consume any intoxicating

beverage while on duty unless authorizedby a su pervisor.

b. No alcoholic beverage shall be served orconsum ed on p olice prem ises or in vehiclesown ed by th is jurisd iction.

c. An officer shall not be under the influenceof alcohol in a p ublic place, wh ether on - oroff-duty.

d. No officer shall report for duty with theodor of alcoholic beverage on his or herbreath.

e. No officer shall report to work or be ondu ty as a law enforcement officer when hisor her jud gment or physical condition has

been impaired by alcohol, medication, orother su bstances.

f . Officers must report the use of any sub -stance, prior to reporting for duty, thatimpairs their ability to perform as a lawenforcement officer.

g. Supervisors shall order a drug or alcoholscreening test when they have reasonable

suspicion that an employee is using and/ orunder the influence of drugs or alcohol.Such screening shall conform to thisagencys policy on employee dru g-screen -ing and testing.

7. Use of Tobacco ProductsWhile on duty, a police officer shall not use atobacco product unless in a designated areaand while not conducting police business.Additionally, officers are not permitted to usetobacco products in a vehicle owned or main-tained by this agency.

8. Abuse of Law Enforcement Powers or Positiona. Officers shall report any unsolicited gifts,

gratuities, or other items of value that theyreceive and shall provide a full report of thecircum stances of their receipt if directed .

b. Officers shall not use their authority orposition for financial gain, for obtaining orgranting p rivileges or favors not otherwiseavailable to them or oth ers except as a p ri-vate citizen, to avoid the consequences ofillegal acts for themselves or for others, tobarter, solicit, or accept an y goods or serv -ices (to includ e, gratu ities, gifts, discoun ts,

rewar ds, loans, or fees) whether for the offi-cer or for another.

c. Officers shall not pur chase, convert to theirown use, or have any claim to any found,impounded, abandoned, or recoveredproperty, or any property h eld or releasedas evidence.

d. Officers shall not solicit or accept contribu -t ions for this agency or for any otheragency, organization, event, or cause w ith -out the express consent of the agency chiefexecutive or his or her d esignee.

e. Officers are prohibited from u sing informa-tion gained through their position as a lawenforcement officer to ad vance financial orother pr ivate interests of themselves or oth -ers.

f. Officers who insti tute or reasonably expectto benefit from any civil action that arisesfrom acts performed un der color of author-ity shall inform th eir comman ding officer.

9. Off-Duty Police Actiona. Officers shall not use their police powers to

resolve personal grievances (e.g., those

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involving the officer, family mem bers, rela-t ives, or friend s) except un der circum -stances that would justify the use of self-defense, actions to prevent injury to anoth -er person, or when a serious offense hasbeen committed that would justify anarrest. In all other cases, officers shall sum -mon on-du ty police personnel and a sup er-

visor in cases where there is personalinvolvement that would reasonably requirelaw enforcement intervention.

b. Unless operating a marked police vehicle,off-duty officers shall not arrest or issuecitations or war nings to tr affic violators onsight, except w hen the violation is of such adangerous natu re that officers would rea -sonably be expected to take appropriateaction.

10. Prohibited Associations and Establishmentsa. Arresting, investigating, or custodial offi -

cers shall not commence social relationswith the spouse, immediate family mem -ber, or romantic companion of persons inthe custody of this agency.

b. Officers shall not knowingly commence ormaintain a relationship with any personwho is und er criminal investigation, indict-ment, arrest, or incarceration by this oranother police or criminal justice agency,and/ or who has an open and notoriouscriminal repu tation in the commu nity (forexample, persons wh om they know , shouldknow, or have reason to believe are

involved in felonious activity), except asnecessary to the performance of officialduties, or where unavoidable because offamilial relationship s.

c. Except in the performance of official duties,officers shall not knowingly enter anyestablishment in w hich the law of that jur is-diction is regularly violated

d. Officers shall not knowingly join or partici-pate in any organization that advocates,incites, or supports criminal acts or crimi-nal conspiracies.

B. Public Statements, App earances, and Endorse -ments1. Officers shall not, und er color of authority,

a. make any public statement that could bereasonably interpreted as having anadverse effect upon department morale,discipline, operation of the agency, or per-ception of the public;

b . d ivu lge or wi ll fu l ly permi t to havedivulged, any information gained by rea -son of their position, for anything otherthan its official, authorized pu rpose; or

c . un less expressly au thor i zed , make anystatements, speeches, or appearances thatcould reasonably be considered to repre -sent the views of this agency.

2 . Endorsement sOfficers may not, under color of authority,endorse, recommend, or facilitate the sale ofcommercial prod ucts or serv ices. This includes

but is not limited to the use of tow services,repa ir firms, attorneys, bail bond smen, or othertechnical or professional services. It does notpertain to the endorsement of app ropriate gov-ernmental services where there is a duty tomake such end orsements.

C. Political ActivityOfficers shall be guided by state law regardingtheir par ticipation and involvement in p oliticalactivities. Where state law is silent on this issue,officers shall be guid ed by th e following exam -ples of prohibited political activities duringworking h ours, while in uniform, or otherwiseserving as a rep resentative of this agency:a. Engage in any political activity;b. Place or affix any camp aign literature on

city/ county-owned property;c. Solici t poli tical fund s from any member of

this agency or another governmentalagency of th is jur isdiction;

d. Solicit contributions, signatures, or otherforms of support for political candidates,parties, or ballot measures on propertyown ed by th is jurisd iction;

e. Use official authority to interfere with any

election or interfere with the politicalactions of other employees or the generalpublic;

f. Favor or discriminate against any personseeking employment because of politicalopinions or a ffiliations;

g. Participate in any type of political activitywhile in uniform.

D. Expectations of Privacy1. Officers shall not store personal information or

belongings with an expectation of personal pr i-vacy in such places as lockers, desks, depart -

menta lly owned vehicles, file cabinets, comp ut -ers, or similar areas that are u nder the controland management of this law enforcementagency. While this agency recognizes the n eedfor officers to occasionally store person al itemsin such areas, officers should be aware thatthese and similar places may be inspected orotherwise enteredto meet operational needs,internal investigatory requirements, or forother reasonsat the direction of the agencychief executive or h is or her d esignee.

2. No member of this agency shall maintain files

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or duplicate copies of official agency files ineither man ual or electronic forma ts at his or herplace of residence or in other locations outsidethe confines of this agency witho ut expr ess per-mission.

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This project was supp orted by Gran t No. 95-DD-BX-K014 awarded by the Bureau

of Just ice Assistance, Off ice of Just ice Programs, U.S. Department of Just ice. The

Assistant At torney General , Off ice of Just ice Programs, coordinates the act ivi t ies of

the fol lowing program off ices and bureaus: the Bureau of Just ice Assistance, the

Bureau of Justice Statistics, National Institute of Justice, Office of Juvenile Justice

and Del inquency Preven t ion, and the Off ice of Vict ims of Crime. Points of view or

opinions in this document are those of the author and do not represent the off icial

posi t ion or pol icies of the Uni ted States Department of Just ice or the Internat ional

Association of Chiefs of Police.

Every effor t has been made by the IACP Nat ional Law Enforcement Pol icy Center staff and advisory board to ensure that th is mod el pol icy incorporates the m ost current informat ion

and contemp orary professional judgm ent on this issue. However , law enforcement adm inist rators should be caut ioned that no model pol icy can meet al l the needs of any given law

enforcement agency. Each law enforcement agency operates in a un ique envi ronment of federal court rul ings, state laws, local ordinances, regulat ions, judicial and adm inist rat ive deci -

sions, and col lect ive bargaining agreemen ts that must be considered . In addi t ion, the formulat ion of speci f ic agency pol icies must take into account local poli t ical and communi ty per -

spect ives and customs, prerogat ives and demands; of ten divergent law enforcement st rategies and phi losophies; and the impact of var ied agency resource capabi l i t ies, among other

factors.

standards of conduct model policy

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