5.3 Rules of Conduct
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This is Centreville Police Department Directive 5.3, “Rules of Conduct,” issued 10/1/2016 and revised 7/12/2018, approved by Chief Kenneth N. Rhodes. It grants the Chief authority to issue, amend, or rescind department rules and states that employees must comply with rules, orders, and directives; ignorance is not an excuse. The directive defines standards for unbecoming conduct (on- and off-duty behavior, prohibiting threats or assaults on coworkers), insubordination (use of the chain of command, duty to obey lawful orders, procedures for conflicting orders and emergency countermanding, and scene command), and limits on criticism of the department, town agencies, and the judiciary when such expression is defamatory, unlawful, obscene, reckless, or undermines operations. It prohibits abuse of position (wearing uniform or using ID/ badge while deprived of police powers, using position for personal/financial gain, lending IDs, using one’s department status in advertisements or testimonials without Chief approval, limits on petitions and media statements) and requires employees to avoid improper associations (with known criminals or illegal establishments except while on duty) and to maintain moral conduct; the text cuts off at the start of the “Conformance to Laws” section.
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Centreville Police Department Title: Rules of Conduct Directive #: 5.3 Issued: 10.1.2016 Revised: 7.12.2018 / Rev. #1 Approved by: Kenneth N. Rhodes Chief of Police A. Authority The Chief of Police shall have the power to make any rules necessary to promote the effective and efficient performance of the duties of the Department and to insure the good governance of the Department and its employees. The authority of the Chief shall also include the power, to suspend, amend, rescind, abrogate, or cancel any rule adopted by him or by any former Chief of Police. B. Policy 1. It is the policy of the Centreville Police Department that all employees shall comply with the rules of conduct as herein stated, with the additions and amendments to these rules that may be promulgated and with all other orders and directives, either verbal or written, which may be issued by competent authority. The violation of any rule of conduct, procedure, or lawful order, whether written or verbal, subjects the violator to disciplinary action. 2. Ignorance of the rules and regulations, procedures, directives and orders of the Department is not justification for any such violation. An employee shall be responsible for his own acts and he may not transfer to others his responsibility for executing or failing to execute any lawful order or police duty. C. Unbecoming Conduct 1. Every employee shall conduct himself at all times, both on and off duty, in a manner which reflects most favorably on the Department. The phrase "reflects most favorably" pertains to the perceptions of both citizens and other Department employees. Conduct unbecoming an employee shall include that which tends to bring the Department into disrepute, or reflects discredit upon the employee as a representative of the Department, or that which tends to impair the operation or efficiency of the Department or employee. 2. A supervisor will not injure or discredit a subordinate through unreasonable, unjust, arbitrary, or tyrannical conduct, or abusive language. 3. An employee of the Department shall not maliciously threaten, strike, or assault any other employee of the Department. Page 1 of 12 D. Insubordination 1. CPD employees shall, unless otherwise directed by competent authority, transact all official business with employees senior in rank or classification only through the official chain of command. 2. An employee shall promptly obey all lawful orders of a superior, including those from a superior relayed by an employee of equal or lesser rank. A lawful order is any order, either verbal or written, which an employee should reasonably believe to be in keeping with the performance of his duties or the responsibilities of his post. 3. An Employee will obey all orders from superiors, whether written or verbal, except when compliance with such orders would require the commission of an illegal act. No employee without adequate justification, will intentionally issue an order that is contrary to an order issued by a superior. Employees to whom conflicting orders are issued will call immediate attention to such conflict; however, if the conflict is not resolved, the last order will be obeyed. 4. Any order may be countermanded in an emergency. An employee countermanding a prior order will immediately report the reason for his action to his immediate supervisor. Responsibility for all prudent and reasonable action necessary for compliance with orders will remain with the superior issuing the order. Accountability for all action taken in compliance with orders remains that of the person taking such action. 5. At the scene of any incident, the assigned police employee shall be in charge until relieved at the direction of another police employee senior in rank. E. Criticism An employee shall not criticize or ridicule the Centreville Police Department, any other Town Department or Town Official, or the Maryland Judiciary, their policies, or their officers by speech, in writing, or by expression in any other manner, when such speech, writing, or other expression is defamatory, obscene, unlawful, exhibits a reckless disregard for truthfulness, or tends to undermine the operation of the Centreville Police Department, other Town agency, or the Judiciary by impairing their efficiency or interfering with their operation or maintenance of discipline. F. Abuse of Position 1. While deprived of police powers, police employees of the Department will not wear the uniform and will not represent themselves in an official capacity as an employee of the Department. Page 2 of 12 2. An employee is prohibited from using his official position, his official identification card or badge or any other item that represents him as a member of the CPD for personal or financial benefit or as a means of obtaining privileges not otherwise available to him, or for avoiding consequences of illegal acts. An employee may not lend his identification card or badge to another person, or permit it to be photographed or reproduced without the approval of the Chief of Police. 3. An employee shall not permit or authorize the use of his name, photograph, or official title identifying him as an employee of the Centreville Police Department in connection with testimonials or advertisements of any commodity, commercial enterprise, political advertisement or for personal reasons without the approval of the Chief of Police. 4. An employee shall not sign a petition, without the authority of the Chief of Police when his signature identifies him as an employee of the Department; nor shall any employee sign any petition which has an unlawful purpose. However, any employee may sign a lawful petition as a private citizen. 5. An employee shall not address a public gathering, appear on radio or television, prepare any article for publication, act as a correspondent to a newspaper or a periodical, release or divulge investigative information or any other matters of the Department, either in an official or unofficial capacity without first having obtained permission from the Chief of Police. G. Associations 1. An employee shall avoid associations or dealings with persons whom he knows, or should know, are racketeers, gamblers, felons, persons under criminal investigation or indictment, or others who have a reputation in the community for felonious or criminal behavior, except as directed otherwise by a superior. The purpose of this rule is to maintain the integrity of the employee and to avoid relationships which would tend to impair the operation of the Department. 2. An employee shall not visit or enter a house of prostitution, gambling house, or any other establishment wherein the laws of the United States, the laws of the State of Maryland, or any other law or ordinance of a political subdivision are violated except in the performance of duty and while acting in response to lawful and specific orders of a superior. 3. An employee of the Department shall not in any manner affiliate himself with any organization, association, movement, group or combination of persons which advocates the overthrow of the Government of the United States or any state, or which has adopted the policy of advocating or approving the commission of acts of force or violence to deny any person his rights under the Constitution of the United States or any state, or which seeks to alter the form of government of the United States or any state by unconstitutional means. Page 3 of 12 H. Immoral Conduct Every employee shall maintain a level of moral conduct in his personal affairs which is in keeping with the highest standards of the law enforcement profession. No employee shall be a participant in any incident involving moral turpitude which compromises or has the potential to compromise his ability to perform as a law enforcement officer or as an employee of the Centreville Police Department, or causes the Department to be brought into disrepute. I. Conformance to Laws An employee shall not violate his oath of office and trust or any other condition of his employment with the Town of Centreville or commit an offense punishable under the laws or statutes of the United States or any sovereign nation, the State of Maryland, or public local laws or ordinances or civil violations. Any employee who has been charged with a violation of any law, statute, or public local law or ordinance stipulated in this Section must report the facts concerning such violation immediately to his commanding officer. Parking violations, except when they are issued to a Department vehicle, are exempted from this subsection. J. Payment of Debts 1. Employees of the Centreville Police Department shall make every effort to pay all just debts and legal liabilities. K. Seeking or Accepting Gifts, Gratuities/ Bribes 1. A police employee shall not solicit, seek, or accept any gift or gratuity, including food or drink for himself or another from any individual, business establishment, or merchant, where such offer of acceptance can be construed to be an effort to influence his official conduct as an Centreville police officer. 2. A police employee shall not receive, seek, solicit, or share in any fee, reward, or other reimbursement for the performance of his official duties, or for his failure to perform official duties, except as directed by the Chief of Police. He shall immediately report any offer, or attempt to offer, of money, gift, or other gratuity made in an effort to influence his official conduct. 3. Employees of the Centreville Police Department shall not solicit or accept any subscription or contribution for any purpose whatsoever except in conformance with Department policy. L. Political Activity 1. CPD employees shall not attend any political event, fundraiser, rally or the like while on duty unless on official department business. Page 4 of 12 2. CPD employees that are off duty, may not wear a department uniform, display any department insignia or use a department vehicle or identify themselves as a member of the CPD while attending any political event, fundraiser, rally or the like. M. Labor Activities An employee shall not engage in any strike or job action. Strike or job action includes, but is not limited to, a failure to report for duty, willful absence from duty, unauthorized holidays, sickness unsubstantiated by physician's statement, stoppage of work, or the abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment for the purpose of inducing, influencing, or coercing a change in conditions, compensation, rights, privileges, or obligations of employment. N. Secondary Employment A police employee shall not be employed in any capacity in any other business, trade, occupation, or profession, while employed by the Centreville Police Department, except as established by Department and Town policy, and approved by the Chief of Police. O. Department Communications 1. An employee shall submit all reports, both verbal and written, required by the Department, on time and in accordance with established procedures. All official business transacted by Department employees must be processed through the chain of command. 2. The following procedure will govern the submission of reports in administrative investigations: a. During any administrative investigation an accused employee shall, upon order of competent authority, submit a written report detailing the facts concerning his involvement in the incident being investigated where the incident is related specifically, directly, and narrowly to the performance of his official duties. b. Whenever an employee of the Centreville Police Department is ordered to submit a detailed report concerning an incident in which he is alleged to have been involved and if the authority ordering the report knows or should have known, that the report is likely to contain information which may be used as evidence against the employee in a disciplinary hearing, then the authority ordering the report will, at the time of such order, provide the member with a copy of Notification of Complaint/Waiver of Rights . The Notification of Complaint should clearly state that the recipient is the subject of an investigation, and clearly include the nature of the investigation. These criteria do not apply to the submission of procedural reports required by Department standard operating procedure, rule or policy. 3. A police employee shall report to his supervisor all information that comes to his attention concerning organized crime, racketeering, vice conditions, etc. Page 5 of 12 4. All reports submitted by employees of this Department will be truthful; no employee shall knowingly report or cause to be reported any false information or omit any relevant information. A clear distinction must be made between reports which contain false information and those which contain inaccurate or improper information. To prove by a preponderance of evidence that one has submitted a false report, evidence must be presented for consideration that such report is designedly untrue, deceitful, or made with the intent to deceive the person to whom it was directed. 5. All reports submitted by employees of this Department will be complete and will not contain improper or inaccurate information. Inaccurate or improper information may be characterized by that which is untrue by mistake or accident or made in good faith, after the exercise of reasonable care. 6. An employee shall treat the official business of the Department as confidential. Information regarding official business shall be disseminated only to those for whom it is intended in accordance with established Department procedures. An employee may remove or copy official records or reports from the Department only in accordance with established procedures. An employee shall not divulge the identity of a person giving confidential information, except as authorized by proper authority in the performance of police duties. 7. The use of department telephones, computers and FAX machines shall be limited to the conduct of official business except for personal or emergency calls made/received in accordance with established policy. P. Interrogations 1. In all instances where an employee of the Centreville Police Department has been accused of an act of misconduct or of any other impropriety, the commission of which is a violation of any Department rule of conduct, procedure or order, the employee shall, after being advised of his rights as specified in the Department disciplinary procedures be subject to the procedures outlined in this Chapter. To the extent that the allegations of misconduct against an employee may also involve a violation of the criminal law, the procedures outlined in this chapter must be administered consistent with established constitutional rights guaranteed to all individuals charged with, or suspected of, criminal offenses. 2. During any administrative investigation an accused employee shall, at the request of competent authority, submit to an interrogation and polygraph examination. The questions to be asked during the interrogation and the polygraph examination will be related specifically, directly, and narrowly to the performance of the employee's official duties and to the subject matter of the current investigation. 3. On the order of competent authority, an employee shall submit to any medical, chemical, or other tests, photographs or lineups. All procedures carried out under this rule shall be specifically, directly, and narrowly related to the nature and scope of the accused's employment and conduct. Page 6 of 12 Q. Reporting For Duty 1. An employee of the Department shall not absent himself without properly approved leave. 2. An employee shall report for duty at the time and place specified by his supervisor and shall be physically and mentally fit to perform his duty. He shall be properly equipped and cognizant of information required for the proper performance of duty so that he may immediately assume his duties. 3. Every employee shall log or have logged for him on the appropriate form the time his tour of duty began and ended. 4. If any employee of the Department is unable to report for duty due to sickness or other causes, such employee shall, as soon as possible, notify his immediate superior of the reasons for his absence. 5. Police employees, while off duty, shall be subject to call at all times. In the event of an emergency or potential emergency, police employees ordered to an "inactive - on call" duty status and those required to leave word where they may be reached, will notify the on-duty CPD Supervisor of the location and telephone number where they can be contacted. R. Fictitious Illness or Injury Reports An employee shall not feign illness or injury, falsely report himself ill or injured, or otherwise deceive or attempt to deceive any officer of the Department as to the condition of his health. S. Interference with Duty 1. An employee shall not attempt to bring influence to bear on the Chief of Police for the purpose of securing promotion or reassignment, or to avoid penalties for violations of the Department's policies, rules, procedures or orders. 2. An employee shall not interfere with cases assigned to other employees for investigation without consent, except by order of a superior officer; nor shall he interfere with the operation of a division, section, or unit. An employee shall not interfere with any lawful arrest or any prosecution brought by other police employees of the Centreville Police Department or by any other Department or person. A police employee shall not undertake any investigation or other police action not a part of his regular police duties without first obtaining permission from his superior unless he can justify the need for his immediate intervention. Page 7 of 12 3. An employee of the Department shall not be directly or indirectly concerned with making arrangements, agreements, or compromises between a criminal and a person who has suffered from his criminal acts for the purpose of allowing the criminal to escape any punishment prescribed by law. Any employee having knowledge of such an arrangement, agreement, or compromise shall report such to his immediate superior without delay. 4. An employee of this Department shall not reveal the identity of a police employee assigned to plain clothes or covert investigative work. An employee shall not recognize such employees unless such other member salutes or acknowledges him first. T. Abuse of Process/Withholding Evidence An employee shall not intentionally manufacture, tamper with, falsify, destroy, or withhold evidence or information, or make any false accusations of a criminal charge. U. Evidence/Found and Recovered Property Property which has been received as evidence in connection with investigations or which, for any other reason, comes into the custody of any officer of this Department, will be processed in accordance with established procedures. An employee shall not convert to his own use, manufacture, tamper with, or damage through negligence, or destroy, or in any other way misappropriate any evidence or any other material or property found in connection with an investigation or other police action, except in accordance with established Department procedures. V. Suggestions Pertaining to Services An employee shall not recommend or suggest in any manner, except in the transaction of personal business and then representing himself only as a private citizen, the employment or procurement of a particular product, professional service, or commercial service (such as an attorney, ambulance or towing service, bondsman, mortician, etc.). In the case of ambulance or towing service when such service is necessary and the person needing service is unable or unwilling to procure it, the employee shall proceed as a law enforcement officer in accordance with Department procedure. W. Requests for Assistance 1. When the public requests assistance or advice, either by telephone or in person, all pertinent information will be taken in an official and courteous manner, and will be acted upon consistent with established Department procedures. 2. Police employees of the Department shall not act in an official capacity, without authority, in any civil case, except where such action will prevent a breach of the peace or assist in quelling a disturbance. Page 8 of 12 X. Citizen Complaints An employee shall courteously and promptly accept any allegation or complaint made by a citizen against any employee of the Centreville Police Department. The receipt and processing of all complaints shall be in conformance with established Department procedures. Y. Courtesy 1. An employee shall be courteous to the public and to fellow employees. He shall be tactful in the performance of his duties, shall control his temper and exercise utmost patience and discretion, and shall not engage in argumentative discussions, even in the face of extreme provocation. While on duty or in the performance of his duties, he shall not use coarse, violent, profane, or insolent language or gestures toward the public or fellow employees. He shall not express any prejudice or use language which might be insulting or demeaning to the public or fellow employees concerning race, sex, religion, politics, national origin, gender identity, lifestyle, or similar personal characteristics. 2. Police employees will at all times show respect for their fellow employees and will conform to the rules of military courtesy and military discipline as prescribed by the Chief of Police. Z. Identification 1. During the times that a police employee is not readily identified by the uniform of the Centreville Police Department, he shall carry his badge and identification card on his person. He shall furnish his name, identification number and assignment to any person properly entitled to this information, at any time, except when authorized not to do so by proper authority and when such refusal may be necessary for the proper performance of his police duties. 2. When a police employee makes a traffic stop or makes an arrest while in plainclothes, he shall identify himself to the violator and display his badge and/or identification card. AA. Personal Appearance A police employee will maintain a neat, well-groomed appearance and will style his hair and wear his uniform consistent with established Department policy, procedures, and directives. BB. Neglect of Duty 1. Department employees shall be punctual in attendance to all calls, requirements of duty, court appointments, and other assignments. Page 9 of 12 2. An employee will not read, play games, watch television or movies, or engage in any activity or personal business while on duty that would cause him to neglect or be inattentive to that duty. 3. The failure of a police employee to take appropriate action, either on or off duty, on the occasion of a crime, disorder, or other condition deserving police or Department administrative attention is considered neglect of duty. 4. A police employee will not, without proper authorization, absent himself from his assigned place of work during his tour of duty. 5. An employee will remain awake and alert while he is on duty. If unable to do so, he will report to his supervisor, who will determine the proper course of action. 6. A police employee may be authorized to suspend patrol or other assigned activity, subject to immediate recall at all times, for the purpose of having meals during his tour of duty, but only for such periods and at such times as are authorized by his supervisor. He will at all times be available via 2 way police radio. CC. Use of Alcoholic Beverages 1. An employee will not drink intoxicating beverages while in uniform or while on duty unless it is necessary for the performance of his duty. In every case where it is necessary for an employee to use intoxicating beverages while on duty, written permission must be obtained from the employee's immediate superior. An employee given written permission to consume intoxicating beverages while on duty may not do so to the extent that his ability to perform his duty is impaired. 2. An employee will not report to work with any level of alcohol in his system. 3. Inactive-on call / Unrestricted standby / Recalled to duty a. Inactive-on call - An employee ordered to an inactive-on call duty status will not consume alcoholic beverages during the time that he is on call. b. Unrestricted standby - An employee who, by virtue of a written or verbal order, duty schedule, etc., is informed that he has been placed on unrestricted standby duty status and that it is expected he will be able to immediately report for duty if called, shall not consume alcoholic beverages. c. Recalled to duty - An employee not in an inactive-on call or unrestricted duty status who has consumed alcoholic beverages and is recalled to duty will notify the supervisor on duty of his condition and will refrain from further consumption of alcoholic beverages. The employee will be afforded sufficient reporting time to assure the alcohol is no longer in his system. Page 10 of 12 4. No employee of the Department will bring any intoxicating beverage into any building or quarters officially occupied by the Centreville Police Department, nor will he permit the same to be brought therein, except as evidence or pursuant to Department property held procedures, and excluding commercial or prescribed medication. DD. Use of Drugs An employee will not use any controlled substance, narcotic, or hallucinogen, except when prescribed in the treatment of an employee by a licensed physician or dentist. When controlled substances, narcotics, or hallucinogens are prescribed, an employee shall promptly notify the Chief of Police of this fact. EE. Treatment of Persons in Custody 1. A police employee will not mistreat persons who are in his custody. He will handle persons in accordance with established Department procedures. 2. A police employee of the Department will not, without proper authority, release any prisoner in his charge or, through neglect or design, allow any prisoner in his charge to escape. FF. Use of Force A police employee, acting in his official capacity, shall not use unnecessary or excessive force. CPD employees will employ the minimum amount of force necessary to affect an arrest and overcome any resistance offered. GG. Firearms Weapons shall not be used, displayed, or handled in a careless or imprudent fashion or contrary to Centreville Police Department policy. HH. Department Equipment 1. Department equipment shall be used and maintained in accordance with established Department procedures and shall not be abused, damaged, altered, or through negligence, lost. An employee of the Department shall not cause or contribute to the damage, abuse, alteration, or loss of any Department equipment through negligence or carelessness. An employee may not convert to his own use or in any way misappropriate Department equipment/property. 2. Any employee of the Department deprived of his police powers will turn in all Department issued equipment designated in the order suspending his police powers. Employees under suspension are not permitted to operate a Department vehicle. Page 11 of 12 3. An employee will operate an official vehicle in a careful and prudent manner, and will not through negligent or careless operation incur or cause damage to be incurred to Department property or to the property of another. He will obey all laws of the State of Maryland and all local ordinances, and conform to all Department procedures and regulations pertaining to operation and maintenance of any Department vehicle assigned to him on a permanent or temporary basis. An employee will at all times set a proper example for other persons by his operation of a vehicle. 4. Damage to or loss of Department equipment will be reported in conformance with Department procedure. 5. An employee will not have any item of Department equipment repaired, adjusted, or modified without official authorization. 6. Only employees of this Department will be permitted to operate or attempt to operate any Department owned vehicle, or use any Department issued firearm, or use any other item of property owned by the Centreville Police Department; however, specific exceptions to this rule may be authorized by the Chief of Police. II. Incompetence Employees of this Department shall be held strictly responsible for the proper performance of their duties. Employees shall maintain sufficient competency to properly perform their duties and assume the responsibilities of their positions. Employees shall perform their duties in a manner which will maintain the highest standards of efficiency in carrying out the functions and objectives of the Department. JJ. Sexual Behavior An employee shall not engage in any sexual behavior while on duty. While off duty, Department personnel shall not engage in any sexual behavior in a Department facility, while using a Department vehicle or while using any Department owned or issued equipment. Sexual behavior is any sexual act, sexual contact, or vaginal intercourse as defined in Md. Code Ann. CR 3-301. Page 12 of 12