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CONDUCT STANDARDS 10.1B TEQUESTA POLICE DEPARTMENT GENERAL ORDER TITLE: STANDARDS OF CONDUCT GENERAL ORDER: 10.1B EFFECTIVE: January 1, 2008 RESCINDS: G.O. 10.1A PAGES: 11 CONTENTS: This order consists of the following numbered sections: I. DISCIPLINARY GUIDELINES II. RULES AND REGULATIONS III. GLOSSARY PURPOSE: To provide guidelines for member conduct and discipline. SCOPE: This order applies to all members. DISCUSSION: Tequesta Police Department personnel are members of a team working together with a primary objective of serving the community. Individuals who fail to follow the necessary rules and regulations, policies, and procedures governing conduct not only penalize themselves, but also do a disservice to all other members of the agency and to the community. Supervisors are encouraged to pursue a philosophy of "progressive discipline." Certain offenses, however, are of such a serious nature that dismissal upon first offense is the only appropriate measure. Nothing contained herein will limit the right, power, and authority of the Chief to take whatever disciplinary action is deemed appropriate. In recognition of the fact that each instance of misconduct is different, the Chief retains the right to treat each occurrence individually without creating a precedent for other cases that may arise in the future. PROCEDURE: I. DISCIPLINARY GUIDELINES: A. Violation of Rules: Department personnel will not commit any acts or omissions that constitute a violation of any of the rules, regulations, directives, or orders of the agency. B. Disciplinary Variance: The severity of the misconduct, any costs involved, the time between violations, the length and quality of service records, and the ability to modify or correct the behavior of the employee concerned will be considered when determining discipline. C. Time Considerations: 1. Violations that result in corrective action or informal discipline will be considered as repeat offenses when such G.O. 10.1B  repetition occurs within one year. 2. Violations resulting in formal discipline will be considered repeat offenses when such repetition occurs within three years. D. Countermanding Rules or Directives: 1. The Chief may authorize the suspension of Department rules, orders, procedures, or directives when necessary for covert investigations, or to achieve agency objectives. II. RULES AND REGULATIONS: A. Neglect of Duty Offenses: 1. Personal Appearance: Department personnel will maintain a neat and clean appearance in conformance with established grooming and dress requirements while on duty and/or in uniform. 2. Identification to Be Carried: Certified law enforcement officers will carry their badge and commission (identification) card on their person at all times when carrying a concealed firearm, except when engaged in covert assignments or when made impractical by the nature of activities being performed. 3. Officers to Carry Firearms: Law enforcement officers will carry an approved firearm on or about their person in conformance with established procedures. 4. Care and Maintenance of Firearms: Members, who are required to carry firearms in the performance of official duties, will maintain such firearms in a clean and serviceable condition. 5. Notification of Correct Address and Telephone Number: Members will keep the agency informed of their current residential address in accordance with established procedures. 6. Absence From Duty Without Proper Notification: Members will report for duty in accordance with their assigned work schedules and will not be absent from duty without authorization or having made proper notification. Members who are unable to report for duty due to illness or other emergency will notify their supervisor as follows: a. Members who work shifts will notify their supervisor, or the on duty supervisor in charge, at least or no less than 2 hours before the beginning of their tour of duty. Each day of unauthorized absence constitutes an independent violation. 7. Failure to Report for Duty Due to Improper Conduct: Members will be circumspect in their private activities, and will not subject themselves to circumstances such that they are unfit or unable to report for duty at the designated time. 8. Tardiness: Members will report for duty promptly and properly prepared at the time and place required by assignments or orders. All tardiness will be documented with a “Late Slip” and “Notice of Council.” The third tardiness within a 12-month period of time will result in further disciplinary action. 9. Failure to Respond to A Subpoena: Members will report to the specified location at the time and date required by a subpoena. Members unable to respond to a subpoena due to sickness, injury, other such causes, or because of conflict with another subpoena will notify their immediate supervisor and the appropriate authority originating the 2 G.O. 10.1B  subpoena to obtain a release from the subpoena. Failure to respond to a subpoena without notification shall be documented in the form of a “Notice of Council.” Additional violations occurring within the following 12 months will result in further disciplinary action. When subpoena’s are received they will be entered into the Subpoena Log, dated and initialed by the receiving member and forwarded to the appropriate officer via his mail box. The officer will then date and initial the subpoena, make a copy of the document and forward it to the Road Patrol Commander. 10. Court Appearances: a. Members subpoenaed to testify for the defense or against the Village or the Police Department in any trial or hearing will notify his or her supervisor and the State Attorney's Office, if appropriate, upon receipt of the subpoena. b. Members will not appear or give testimony as a character witness for any defendant in a criminal trial or inquiry without written approval of the Chief or his designee. 11. Failure or Refusal to Work Overtime or Special Hours: Members will promptly report for duty or remain on duty when assigned to work overtime, special hours, special shifts, or extra duty details. 12. Misuse of Sick Benefits: Members will not feign illness or injury, falsely report themselves ill or injured, or otherwise deceive any superior or supervisor of the agency as to the condition of their health for purposes of avoiding normal duties through use of accumulated sick leave. Performance of activity in conflict with stated purpose of sick leave use will constitute evidence of abuse. A record of claiming sick time in conjunction with days off, holidays, or weekends off may be considered abuse. Absences that qualify under Family Medical Leave are ex- cluded. Members will not feign illness or injury, or falsely report themselves ill or injured, or otherwise deceive or attempt to deceive any supervisor as to their health for purposes of making a fraudulent claim for family medical leave, insurance, workers' compensation, or disability retirement benefits. 13. Failure to Report Personal Injury: Members sustaining any personal injury that might impair their fitness for duty, whether sustained on duty or off duty, will promptly provide written notification of the injury to their supervisor. 14. Failure to Report Loss of Equipment, Badge, or Identification Card: Members will immediately notify their supervisor of any damage to, or loss of badge, identification card, or other agency equipment. 15. Failure to Report a Motor Vehicle Crash: Members will immediately report motor vehicle crashes in which they are involved with an agency vehicle. 16. Leaving Assigned Work Area: Members will remain at or within their assigned work areas during working hours unless otherwise authorized by a supervisor. 17. Abuse of Rest Periods: Members will take only the specified amount of time for meal or rest periods as established by procedures or by a supervisor. Meal breaks will not exceed thirty minutes during an eight hour tour of duty or forty five minutes during a twelve hour tour of duty. Members assigned road patrol duties will not take meal breaks together 18. Distraction of Others: Members will not engage in horseplay or distract others performing their assigned duties. 3 G.O. 10.1B  19. Failure to Follow General Orders, Directives: Members will adhere to general orders, policies, and directives, and will faithfully execute all duties and responsibilities of their assigned position. 20. Failure to Submit Reports and Documents: Law enforcement officers will submit all Offense/Incident reports and associated documents required in the execution of their duties before concluding a tour of duty, except as authorized by a supervisor. 21. Failure to Follow Complaints of Misconduct Procedures: Members will courteously and promptly adhere to policies and procedures established for the investigation of complaints of alleged misconduct by Department personnel. 22. Willful Disregard of Duties: Members will be attentive to job duties and will avoid any appearance of loafing, loitering, or otherwise neglecting work. 23. Negligence - Not Endangering: Members will not ignore or violate official directives, policies, procedures, orders, supervisory instructions, or knowingly fail to execute the duties and responsibilities of their assigned position properly. 24. Negligence - Endangering Others or Property Through Neglect: Members will be attentive to job duties and will not knowingly refrain or cause another to refrain from the performance of lawful duties required for the safety of persons or property. Officers will take appropriate action in response to emergencies where there is a known danger to the lives of others, and in response to serious crimes, particularly those of violent nature, which come to their attention while on or off duty. 25. Search of Arrested Persons: Officers will adhere to agency arrest procedures and will exercise proper care in the arrest, transportation, and detention of prisoners to prevent escape, injury to self or others, or damage to property. Upon arrest, prisoners will be searched carefully by the arresting officer. Weapons, contraband, or evidence will be immediately confiscated and properly documented. When a prisoner cannot be thoroughly searched before transport or custody, the arresting officer will notify the agency receiving the prisoner. 26. Cowardice: Officers will not avoid their required duties because of fear or cowardice. Officers are not expected, or required to enter imminently hazardous situations without assistance. However, they will not fail to come to the aid of another member of the agency who is already engaged in an imminently hazardous situation. Officers will respond to the aid of persons in danger, unless the probability of serious injury or losing their own life exceeds the probability of a successful rescue. 27. Failure to Report Violation of Orders, Policies, Directives, or Procedures: Members having knowledge of a violation of Police Department orders, policies, directives, or procedures will report the violation to their immediate supervisor. B. Improper Conduct Offenses: 1. Courtesy: Members will be polite and courteous in contacts with the public and other Department personnel. 2. Use of Profanity: Members will not use profanity or vulgarity in speech or gestures in public or while representing the Police Department in any manner. 3. Gossip: Members will not engage in or convey gossip detrimental to other personnel, the public, or the office. 4. Conflicts of Interest in Personal, Civil, or Domestic Disputes: Members will avoid official involvement in 4 G.O. 10.1B  personal, civil, domestic, or family disputes. 5. Association with Criminals: Members will avoid regular or continuous association or dealings with persons, other than immediate family, who are known to have a lifestyle of continuing criminal activity, (i.e., racketeering, drug use, sexual offenses, burglary, theft, or dealing in stolen property), or are known to be under investigation by this Department or another law enforcement agency for felony investigations. 6. Accepting Gifts from Persons of Questionable Character: Members will not receive anything of value, or any article whatsoever as a gift or as the result of purchase or trade from inmates or suspects, or the family or friends of inmates or suspects. 7. Membership In or Advocacy of Hate Groups: Department members will not be members of, or attend meetings of, or be an advocate for any group or organization that would reflect negatively on the agency or adversely affect the member's ability to perform his or her duties. 8. Name to Be Given Upon Request: Certified members will give their name, rank, or position in a respectful and courteous manner to any person requesting such identification while the member is on duty or in uniform, or when otherwise recognized as a member of the agency, unless engaged in covert duties. 9. Correspondence: Members will not use the Police Department as a mailing address for private or personal purposes, except for official matters. Department letterhead will not be used for private or personal correspondence. 10. Chain of Command: Members will adhere to the organizational chain of command in the course of regular duties, unless doing so would compromise the Department mission. 11. Conspicuous Display of Firearms: Firearms carried by officers, while not in uniform, will be concealed from public view and will be securely holstered or carried in a secure covering. Members are exempt while in the Police Department or when engaged in firearms training, inspection, or in accordance with existing procedures. 12. Wearing Uniform While Under Disciplinary Suspension: Members will not wear the official uniform, or other articles of clothing that bear the official insignia or otherwise identifies the person as a member of the agency, while under disciplinary suspension or while on administrative leave. 13. Abuse of Official Identification: Members will maintain the security of official Department identification and will not lend their identification card, or badge to another person, or permit them to be reproduced without the approval of the Chief. 14. Abusiveness: a. Members will not use abusive language or gestures toward any agency member. b. Members will not use threatening language or gestures toward any agency member. 15. Derogatory Remarks: Members will not make derogatory remarks concerning race, sex, religion, age, or national origin of any person. 16. Harassment: Members will not harass, threaten, or coerce any person. 5 G.O. 10.1B  17. Sexual Harassment: Members will not engage in conduct defined by law and/or Department policy as sexual harassment. 18. Racial Harassment: Members will not engage in any conduct defined by law or Department policy as racial harassment. 19. Exposing Others to Communicable Disease: Members will not knowingly harbor a serious communicable disease that may endanger others, or knowingly expose others to serious communicable disease. 20. Off Duty Employment: a. Members will obtain approval in conformance with agency policy before engaging in other employment, occupation, profession, or commercial enterprise. b. Members will not accept off duty employment that conflicts with the general order indexed as Extra Duty and Off Duty Employment. 21. Home Address and Home Telephone Number Confidential: Members will treat the home addresses and telephone numbers of Department personnel as confidential information. Such information will be released only when authorized by the Chief, or with the member's consent. 22. Interfere with Official Investigation: Members will not involve themselves, or interfere with cases being investigated by other officers of the Department or other governmental agencies, nor undertake any investigation or other official action not part of their regular duties unless ordered to do so by a superior, or the exigencies of the situation require immediate action. In the later case, the member’s supervisor will be notified immediately thereafter. 23. Misdirected Action of Member Under Investigation: Members against whom a complaint has been made will not attempt directly, or indirectly to influence the outcome of an administrative or criminal investigation. 24. Dissemination of Information: Members will treat the official business of the Police Department as confidential. Information regarding official business will be disseminated only to those for whom it is intended and in accordance with established procedures. Members may remove or copy official records or reports only in accordance with established procedures. 25. Communicating Criminal Information: Members will maintain the security of confidential information, and will not intentionally communicate or provide law enforcement information to another that may aid a person to escape arrest, delay the apprehension of a criminal suspect, or secure the removal of stolen money or other property. Members will not divulge the identity of criminal informants except as required by law and authorized by the Chief. 26. Political Activity: Members will not engage in political activities while on duty or use their position as police officer to influence others in their support or opposition to a candidate or issue. 27. Election/Polling Places: Members will not enter or remain within an official polling place without permission from elections officials, except to cast a ballot or in performance of their official duties. 28. Misrepresentation/Speeches With Adverse Effect: Members will secure the consent of the Chief before making any statement, public appearance, publishing any article, or releasing official information, which is not within their official duties when such speech, appearance, or publication has, or is likely to have, an adverse effect upon the agency. 6 G.O. 10.1B  29. Testimonials: Members will obtain the approval of the Chief before authorizing the use of their names, photos, or official titles that identify them as members of the agency in testimonials, advertisements of any commodity, or commercial enterprises. 30. Smoking and Use of Tobacco Products: Members will adhere to the established agency Smoke Free Workplace policy. 31. Use of Alcohol While On Duty: Members will not consume, ingest, or partake of intoxicating liquors or alcoholic beverages of any kind while on duty, except as authorized in the performance of official duties. Members will not report for duty with the odor of alcoholic beverages on their breath, or while under the influence of alcohol or other drugs, which would adversely, affect their job performance. 32. Use of Drugs: Members will not use any controlled substance except when prescribed in the treatment of an illness by a physician or dentist. Members will inform their supervisor before reporting for duty when controlled substances are prescribed or other medications are used that might affect their ability to perform their duties. 33. Entering or Frequenting “Adult” Entertainment and/or Liquor Establishments: Officers will not enter or frequent places established primarily for: the sale, storage, or consumption of alcoholic beverages; the sale or display of sexually explicit pictures or materials; or nude or semi-nude performances while on duty and/or in uniform, except in discharge of official duties. 34. Misuse of Identification While Consuming Alcoholic Beverages: Members, while off duty and partaking of alcoholic beverages and/or frequenting premises established primarily for consumption or sale of alcoholic beverages, will do so only as private individuals and will not display Department identification unless necessary to perform official duties. 35. Defacing Village of Tequesta Facilities or Equipment: Members will not intentionally mark, mar, alter, or deface any Village of Tequesta facility or equipment. 36. Defacing or Marring Bulletin Boards: Members will not place unauthorized material on agency bulletin boards or intentionally mark, mar, alter, deface, or remove printed or written notices placed upon Department bulletin boards. 37. Duplication of Issued Keys: Members will not duplicate or transfer possession of any key designated as Department property without the explicit permission of the Chief or his designee. 38. Transferring Issued Property: Members will not transfer issued agency property without the explicit permission of the Director of Purchasing or his designee. 39. Unauthorized Use of Property and Equipment: Members will not appropriate any Department property for their own use, either on a temporary or permanent basis. 40. Use of Telephones: Members will use agency telephones in accordance with established procedures, and will not use long distance lines or charge long distance calls to the agency for personal, social, or unofficial purposes. 41. Radio Transmissions: Members will use official radio groups in accordance with established procedures and will avoid use of sarcasm, impertinent remarks, or other improper radio transmission. 42. Use and Handling of Weapons: Officers will use and handle weapons in a careful, safe, and prudent manner 7 G.O. 10.1B  on and off duty. Weapons will be used in accordance with the law and established Department procedures. 43. Handling Money and Property: Money or other property coming into the possession of Department pe- rsonnel, which does not belong to such members, will be delivered to the proper custodian and a report made of the transaction. 44. Processing Property and Evidence: Property and evidence, received in connection with official agency duties, will be processed in accordance with established procedures. Members will not convert to their own use, manufacture, conceal, falsify, destroy, remove, tamper with, or withhold any property or evidence held in connection with an investigation or other official action. 45. Handling of Equipment: Members will utilize agency equipment for its intended purpose in accordance with established procedures, and will not subject such equipment to loss, or damage through careless handling or abuse. 46. Intentional Abuse or Neglect of Agency Equipment/Vehicles: Members will utilize agency equipment for its intended purpose in accordance with established procedures, and will not intentionally abuse, misuse, or damage agency equipment or vehicles. 47. Damage to Motor Vehicle From an Avoidable Traffic Crash: Members will operate agency motor vehicles in a careful and prudent manner. 48. Excessive Force: Officers will use only that degree of force necessary to perform official duties, and will not strike or use physical force on any person to the extent that injuries, which reasonably require professional medical treatment are inflicted, unless necessary in self defense, or in defense of another, or to overcome actual physical resistance to arrest, or to prevent escape. Any use of force resulting in personal injury will be reported in accordance with established procedures. 49. Use of Deadly Force Contrary to Standard Procedure: Officers will use deadly force only in accordance with standard procedures of the Department, and will not violate or exceed statutory provisions governing the use of deadly force. 50. Conflicting Statements: Members will not knowingly make statements that contradict or are inconsistent with each other in an official or administrative inquiry. The question of materiality will be determined by the Chief or his designee. Proof of which statement is false will not be necessary. It will be a defense that the individual making the statements believed each statement to be true at the time it was made. 51. Untruthfulness: Members will not knowingly make untrue statements, except as authorized in the performance of duties and as necessary to maintain covert operations during investigation of criminal activities. 52. Untruthfulness in An Official Inquiry: Members will not knowingly make false statements to a supervisor, internal affairs investigator, or to any official of a government agency during an official or administrative inquiry. 53. Answering Questions in Official Investigations: Members must answer questions specifically, directly, and narrowly related to the performance of their duties. If a member refuses to answer such questions without being required to waive their immunity with respect to the use of their answer, or fruits of their answers in a criminal prosecution, the privilege against self incrimination will be of no barrier against disciplinary action. 54. Improper Use of Official Position: a. Members will not use their official position or identification to seek free or reduced cost for any commodity, 8 G.O. 10.1B  event, or place of amusement and will not allow their position to be used to gain favors or unfair advantage that would not normally be due, except in the course of official duties or as authorized by the Chief. b. Members will not use their official position to harass, threaten, or coerce any person. 55. Statement of Responsibility: Members who become involved in personal injury or property damage crashes, while on duty or while operating an agency vehicle, will avoid statements of liability and will not make statements concerning the responsibility for such crashes, or inform parties that the Village or Police Department will pay for damages. Persons involved should be referred to their own insurance companies. 56. Recommending Attorneys or Bail Bondsmen: Members will not recommend or suggest to any person arrested, prisoner, or any other person concerned with a prisoner in custody, the employment or services of any specific attorney or bail bondsmen. Members will not become surety, guarantor, or furnish bail for any person arrested or charged with a crime except members of their immediate family and then only upon notification of his or her supervisor. 57. Recommending Private Business or Company: Members will not refer or recommend any private business or company to the public while the member is acting in his or her official capacity or representing the agency. 58. Tortuous Acts: Members will not commit by act of commission or omission, any flagrant or tortuous act while in the performance of their duties. Violations of Civil Rights Acts under color of law 18 U.S.C. 241 and 242 are federal offenses, punishable by fine and/or imprisonment. 59. Violating Laws Relating to the Village of Tequesta: Members will not knowingly violate, or cause another to violate, any statute or lawfully adopted rule or regulation relating to the Village of Tequesta. 60. Code of Ethics for Public Officers and Employees: Members will not violate the Code of Ethics for Public Officers and Employees as set forth in Florida law. 61. Conduct Unbecoming a Member of the Department: Conduct unbecoming a member of the Department is defined as any conduct or act, which has an adverse impact upon the operation of the Department, and destroys public respect and confidence in the agency and its employees. Such conduct may include, but is not limited to, participation in any immoral, indecent or disorderly conduct, or conduct that causes substantial doubts concerning a person's honesty, fairness, or respect for the rights of others, or the laws of the state or nation, regardless of whether such act or conduct constitutes a crime. C. Insubordination Offenses: 1. Respect Toward Superiors: Members will display respect and address supervisors and superior officers by proper rank or title when conducting official business or in public when on duty or in uniform. 2. Compliance With Direct Order of A Superior: Members will comply with the direct order or instructions given by a supervisor or superior officer, and will not refuse to comply when such orders or instructions are lawful and proper. This includes orders or instructions relayed from a supervisor by personnel of the same or lesser rank. 3. Compliance With a Direct Order of An Internal Affairs Investigator: Members will obey the lawful orders of internal affairs investigators, or supervisors to answer questions related to the investigation of misconduct. Members who are suspected of illegal use of drugs and/or violation of rules or procedures concerning use of alcohol will obey orders from a supervisor to take tests or examinations for alcohol and/or drugs. Members may be ordered 9 G.O. 10.1B  to submit to such tests. 4. Criticism of Orders or Policies: Members will support the policies, orders, and procedures of the Department and will not criticize or ridicule the Department, its policies, orders, or personnel in speech, writing, or by other expression while on duty or while representing the Department in their official capacity. 5. Concerted Curtailment of Work: Members will not engage in concerted curtailment or restriction of work output, or interfere with work in or about other Department work stations including, but not limited to, instigating, leading, or participating in any walkout, strike, sit-down, stand-in, slowdown, refusal to return to duty at the scheduled time, or otherwise instigate, lead, or contribute to job actions that undermine supervisory authority and seriously affect discipline, morale, or organizational effectiveness. 6. Signing of Documents: Members will comply with direct instructions given by a supervisor in regard to signing any official Department document. Unless otherwise specified, affixing one's signature to the document serves as an acknowledgment and/or receipt of the document and does not necessarily indicate agreement with its content. In cir- cumstances when personnel disagree with the content of a document, a written rebuttal may be submitted for attachment to the document. D. Unlawful Conduct Offenses: Disciplinary measures resulting from unlawful conduct may be imposed independently of, or concurrent with, civil and criminal prosecutions. The administration of internal disciplinary measures for unlawful conduct depends upon individual case circumstances and will be determined by the Chief. 1. Non-criminal Violations: Members will adhere to all federal, state, and local laws and ordinances including those punishable by no other penalty than a fine, forfeiture, or other civil penalty. This includes but is not limited to traffic infractions. 2. Commission of Misdemeanor: Members will adhere to all federal, state, and local laws and will not commit any act or crime defined in Florida law as a misdemeanor. 3. Commission of Felony: Members will adhere to all federal, state, and local laws and will not commit any act or crime defined by Florida law as a felony, whether chargeable or not. E. Job Knowledge and Performance: 1. General Proficiency: a. Members are required to maintain job knowledge and skills necessary for the performance of official duties. b. Members will maintain and demonstrate their procedure, and will maintain proficiency in required interpersonal skills, care and use of vehicle and equipment, and the use of firearms by demonstrating proficiency in accordance with established standards and qualification requirements 2. Careless Disregard: Repetitious violation of Department rules and regulations and/or official directives or procedures will be indicative of care less disregard. Such disregard may be established whenever three or more sustained violations occur within one year. 3. Supervisor Responsibility: Supervisors are charged with the responsibility of providing guidance and assistance to their subordinates and instilling positive work ethics. Supervisors will be cognizant that such responsibility includes maintaining a working knowledge of the goals and objectives of the Department, and continuously working toward these goals and objectives. Supervisors must exemplify leadership qualities consistent with the Depart- 10 G.O. 10.1B  ment’s Mission and Values Statements. III. GLOSSARY: CORRECTIVE ACTION - Action intended to modify or improve behavior and elicit compliance with established policies and procedures, i.e., letter of counseling, reprimand, and sanctions. FORMAL DISCIPLINARY ACTION - Action resulting in the loss of pay or benefits. INFORMAL DISCIPLINARY ACTION - Letter of Counsel INDEXING: RULES AND REGULATIONS STANDARDS OF CONDUCT DRAFTED: DJR/December 2007/Filed: Cnduct10.1 APPROVED: Pete Pitocchelli, Chief DATE: November 05, 2011 Tequesta, Florida 11