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HomeMy WebLinkAbout0003 - PROFESSIONAL CONDUCT OF OFFICERSRed Wing Police Department Policy SUBJECT: POLICY NUMBER • • PROFESSIONAL CONDUCT OF OFFICERS 3 EFFECTIVE DATE January 18, 2008 REFERENCE(S): APPROVED BY: CHIEF ROGER D. POHLMAN PURPOSE: This policy is meant to define Conduct Unbecoming a Peace Officer. This policy supplements the ethical standards contained in the Law Enforcement Code of Ethics, a copy of which is included as an addendum to this policy. PURPOSE: Law enforcement effectiveness is dependent on the respect and confidence of the members of the community served. Conduct which detracts from this respect and confidence is detrimental to the public interest and should be prohibited. The policy of the Red Wing Police Department is to investigate circumstances suggesting an officer has engaged in unbecoming conduct, and impose disciplinary action when appropriate. SCOPE: This policy applies to all officers of the Red Wing Police Department engaged in official duties, whether inside or outside of the territorial jurisdiction of this agency. Unless otherwise noted, this policy also applies to off duty conduct as well. Conduct not specifically mentioned but which is in violation of a general principle is prohibited. This policy is organized into eight (8) general principles governing Conduct Unbecoming an Officer. Each principle is followed by the rationale explaining the principle and a set of rules 1. DEFINITIONS A. OFFICER: Any person employed by the Red Wing Police Department in a full-time, part-time, Reserve Officer, Community Service Officer, Bike Patrol Officer, or any other uniformed capacity. B. CONDUCT UNBECOMING AN OFFICER: Any conduct specifically mentioned in this policy shall be Conduct Unbecoming an Officer. Any conduct not specifically mentioned in this policy but which violates a general principle shall be Conduct Unbecoming an Officer. 2. PRINCIPLE 1 Page 1 of 9 PROFFESSIONAL CONDUCT OF OFFICERS -POLICY 3 Peace officers shall conduct themselves, whether on or off duty, in accordance with the Constitution of the United States, the Minnesota Constitution, and all applicable laws, ordinances, and rules enacted or established pursuant to legal authority. (REFERENCE GENERAL ORDER #9 & #21) RATIONALE Peace officers conduct their duties pursuant to a grant of limited authority from the community. Therefore, officers must understand the laws defining the scope of their enforcement powers. Peace officers may only act in accordance with the powers granted to them. RULES A. Peace officers shall not knowingly exceed their authority in the enforcement of the law. B. Peace officers shall not knowingly disobey the law or rules of criminal procedure in such areas as interrogation, arrest, detention, searches, seizures, use of informants and preservation of evidence. C. Peace officers shall not knowingly restrict the freedom of individuals, whether by arrest or detention, in violation of the Constitutions and laws of the United States and the State of Minnesota. D. Peace officers, whether on or off duty, shall not knowingly commit any criminal offense under any laws of the United States, or any state or local jurisdiction in which the officer may be present, except where permitted in the performance of duty under proper authority. 3. PRINCIPLE 2 Peace officers shall refrain from any conduct in an official capacity that detracts from the public's faith in the integrity of the criminal justice system. (REFERENCE GENERAL ORDERS #1, #2, & #18) RATIONALE Community cooperation with the police is a product of its trust that officers will act honestly and with impartiality. The peace officer, as the public's initial contact with the criminal justice system, must act in a manner that instills such trust. RULES A. Peace officers shall carry out their duties with integrity, fairness and impartiality. Page 2 of 9 PROFFESSIONAL CONDUCT OF OFFICERS -POLICY 3 B. Peace officers shall not knowingly make false accusations of any criminal, ordinance, traffic or other law violation. This provision shall not prohibit the use of deception during criminal investigations or interrogations as permitted by law. C. Peace officers shall truthfully, completely, and impartially report, testify, and present evidence, including exculpatory evidence, in all matters of an official nature. D. Peace officers shall take no action knowing it will violate the constitutional rights of any person. E. Peace officers must obey lawful orders, but must refuse to obey any order the officer knows would require the officer to commit an illegal act. If in doubt as to the clarity of an order, the officer shall, if feasible, request the issuing officer to clarify the order. An officer refusing to obey an order shall be required to justify his or her actions. F. Peace officers learning of conduct or observing conduct which is in violation or any law or policy of the Red Wing Police Department shall take necessary action and report the incident to the officer's immediate supervisor, who shall forward the information to the Captain, or Chief of Police, if the Captain is not available. If the misconduct is committed by the officer's immediate supervisor, the officer shall report the incident to the immediate supervisor's supervisor. 4. PRINCIPLE 3 Peace officers shall perform their duties and apply the law impartially and without prejudice or discrimination. RATinNiAI F Law enforcement effectiveness requires public trust and confidence. Diverse communities must have faith in the fairness and impartiality of their police. Peace officers must refrain from fostering disharmony in their communities based upon diversity, and perform their duties without regard to race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or age. RULES A. Peace officers shall provide every person in our society with professional, effective and efficient law enforcement services. B. Peace officers shall not express, whether by act, omission, or statement, prejudice concerning race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, Page 3 of 9 PROFFESSIONAL CONDUCT OF OFFICERS -POLICY 3 or age. C. Peace officers shall not allow their law enforcement decisions to be influenced by race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or age. 5. PRINCIPLE 4 Peace officers shall not, whether on or off duty, exhibit any conduct which discredits themselves or the Red Wing Police Department or otherwise impairs their ability or that of other officers or the Red Wing Police Department to provide law enforcement services to the community. (REFERENCE GENERAL ORDERS #1, #2, & #14) RATIONALE A peace officers ability to perform his or her duties is dependant upon the respect and confidence communities have for the individual officer and law enforcement officers in general. Peace officers must conduct themselves in a manner consistent wit the integrity and trustworthiness expected of them by the public. RULES A. Peace officers shall not consume alcoholic beverages or chemical substances, while on duty, except as permitted in the performance of official duties, and under no circumstances while in uniform, except as provided for in C below. B. Peace officers shall not consume alcoholic beverages to the extent the officer would be rendered unfit for the officer's next scheduled shift. A peace officer shall not report for work with the odor of an alcoholic beverage on the officer's breath. C. Peace officers shall not use narcotics, hallucinogens, or other controlled substances except when legally prescribed. When medication are prescribed, the officer shall inquire of the prescribing physician whether the medication will impair the officer in the performance of the officer's duties. The officer shall immediately notify the officer's supervisor if a prescribed medication is likely to impair the officer's performance during the officer's next scheduled shift. D. Peace officers, while on duty, shall not commit any act which, as defined under Minnesota law, constitutes sexual harassment, including, but not limited to, making unwelcome sexual advances, requesting sexual favors, engaging in sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature. E. Peace officers, while off duty, shall not engage in any conduct which the Page 4 of 9 PROFFESSIONAL CONDUCT OF OFFICERS -POLICY 3 officer knows, or reasonably should know, constitutes an unwelcome sexual advance or request for sexual favor, or unwelcome sexually motivated physical contact or other unwelcome verbal or physical conduct or communication of a sexual nature. F. Peace officers shall not commit any acts which, as defined under Minnesota law, constitute sexual assault or indecent exposure. Sexual assault does not include a frisk or other search done in accordance with proper police procedures. G. Peace officers shall not commit any acts which, as defined under Minnesota law, constitute (1) domestic abuse, or (2) the violation of a court order restraining the officer from committing an act of domestic abuse or harassment, having contact with the petitioner, or excluding the peace officer from the petitioner's home or workplace. H. Peace officers shall not, in the course of performing their duties, engage in any sexual contact or conduct constituting lewd behavior, including but not limited to, showering or receiving a massage in the nude, exposing themselves or otherwise making physical contact with the nude or partially nude body of any person, except as pursuant to a written policy of the Red Wing Police Department. Peace officers shall avoid regular personal associates with persons who are known to engage in criminal activity where such associations will undermine the public trust and confidence in the officer or the Red Wing Police Department. This rule does not prohibit those associations that are necessary to the performance of official duties, or where such associations are unavoidable because of the officer's personal or family relationships. 6. PRINCIPAL 5 Peace officers shall treat all members of the public courteously and with respect. (REFERENCE GENERAL ORDER #2) RATIONALE Peace officers are the most visible form of local government. Therefore, peace officers must make a positive impression when interacting with the public and each other. 7. PRINCIPAL 5 RI II FR A. Peace officers shall exercise reasonable courtesy in their dealing with the public, fellow officers, superiors and subordinates. Page 5 of 9 PROFFESSIONAL CONDUCT OF OFFICERS -POLICY 3 B. No peace officer shall ridicule, mock, deride, taunt, belittle, willfully embarrass, humiliate, or shame any person, or to do anything reasonably calculated to incite a person to violence. C. Peace officers shall promptly advise any inquiring citizen of the department's complaint procedure, and shall follow the established departmental policy for processing complaints. 8. PRINCIPAL 6 Peace officers shall not compromise their integrity, nor that of the Red Wing Police Department or the law enforcement profession, by accepting, giving or soliciting any gratuity which could be reasonably interpreted as capable of influencing their official acts or judgments, or by using their status as a peace officer for personal, commercial or political gain. (REFERENCE GENERAL ORDERS #1, #3, #9, #18, #20, #21, AND POLICY #14) RATIONALE For a community to have faith in its peace officers, officers must avoid conduct that does or could cast doubt upon the impartiality of the individual officer or the Red Wing Police Department. RULES A. Peace officers shall not use their official position, identification cards or badges: (1) for personal or financial gain, for themselves or another person; (2) for obtaining privileges not otherwise available to them except in the performance of duty; and (3) for avoiding consequences of unlawful or prohibited actions. B. Peace officers shall not lend to another person their identification cards or badges or permit these items to be photographed or reproduced without written approval of the Chief of Police of the Red Wing Police Department. C. Peace officers shall refuse favors or gratuities, which could be reasonably interpreted as capable of influencing official acts or judgements. D. Unless required for the performance of official duties, peace officers shall not, while on duty, be present at establishments that have the primary purpose of providing sexually -oriented adult entertainment. This rule does not prohibit officers from conducting walk-throughs of such establishments as part of regular assigned duties. E. Peace officers shall: 1. Not authorize the use of their names, photographs or titles in a manner that identifies the officer as an employee of the Red Wing Page 6 of 9 PROFFESSIONAL CONDUCT OF OFFICERS -POLICY 3 Police Department in connection with advertisement for any product, commodity, or commercial enterprise; 2. Maintain a neutral position with regard to the merits of any labor dispute, political protest, or other public demonstration while acting in an official capacity; 3. Not make endorsements of political candidates, while on duty, or while wearing the Red Wing Police Department's official uniform or any part thereof. This section does not prohibit officers from expressing their views on existing, proposed or pending criminal justice legislation in their official capacity. None of these rules shall prevent officers from engaging in the free expression of political speech in their capacities as private citizens, or the rights of police fraternal or labor organization to endorse political candidates or express views on political issues or other matters of public concern. 9. PRINCIPAL 7 Peace officers shall not compromise their integrity, nor that of the Red Wing Police Department or the law enforcement profession, by taking or attempting to influence actions when a conflict of interest exists. (REFERENCE GENERAL ORDERS #12, #13, #16, #17, #18, & #20) RATIONALE For the public to maintain its faith in the integrity and impartiality of peace officers and the Red Wing Police Department, officers must avoid taking or influencing official action where the officer's actions would or could conflict with the officer's appropriate responsibilities. RULES A. Peace officers shall, unless required by law or policy, refrain from becoming involved in official matters, or influencing actions of other peace officers in official matters, impacting the officer's immediate family, relatives, or persons with whom the officer has or has had a significant personal relationship. B. Peace officers shall, unless required by law or policy, refrain from acting or influencing official action of other peace officers in official matters impacting persons with whom the officer has or has had a business or employment relationship. C. Peace officers shall not use the authority of their position as peace officers, or information available to them due to their status as peace officers, for any purpose of personal gain including, but not limited to, initiating or furthering Page 7 of 9 PROFFESSIONAL CONDUCT OF OFFICERS -POLICY 3 personal and/or intimate interaction of any kind with persons with whom the officer has had contact while on duty. D. Peace officers shall not engage in any off-duty employment if the position compromises or would reasonably tend to compromise the officer's ability to impartially perform the officer's official duties. 10. PRINCIPAL 8 Peace officers shall observe the confidentiality of information available to them due to their status as peace officers. (REFERENCE GENERAL ORDER #1, #9, #12, & #18) RATIONALE Peace officers are entrusted with vast amounts of private and personal information, or access thereto. Peace officers must maintain the confidentiality of such information to protect the privacy of the subjects of that information, and to maintain public faith in the individual officer's and the Red Wing Police Department's commitment to preserving such confidences. RULES A. Peace officers shall not knowingly violate any legal restriction for the release or dissemination of information. B. Peace officers shall not, except in the course of official duties or as required by law, publicly disclose information likely to endanger or embarrass victims, witnesses, or complainants. C. Peace officers shall not divulge the identity of persons giving confidential information except as required by law or Red Wing Police Department policy, when that policy does not conflict with existing laws. APPLICATION Every law enforcement agency in the State of Minnesota is required to adopt a policy that is identical or substantially similar to the P.O.S.T. Board model policy on CONDUCT UNBECOMING A PEACE OFFICER by July 1, 1996. This does not prohibit an agency from developing a more restrictive policy. Any disciplinary action arising from violation of this policy shall be investigated in accordance with Minnesota Statute 626.89, Peace Officer Discipline Procedures Act and the Red Wing Police Department's policy on Allegations of Misconduct as required by P.O.S.T. Board Rules, Minn. R. pt. 6700.2000 to 6700.2600. LAW ENFORCEMENT CODE OF ETHICS Page 8 of 9 PROFFESSIONAL CONDUCT OF OFFICERS -POLICY 3 AS A LAW ENFORCEMENT OFFICER, my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all men to liberty, equality and justice. WILL keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my department. What ever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty. WILL never act officiously or permit personal feelings, prejudices, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities. RECOGNIZE the badge of my office as a symbol of public faith, and I accept it, as a public trust to be held so long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession.... law enforcement. Page 9 of 9 PROFFESSIONAL CONDUCT OF OFFICERS -POLICY 3