36185195.pdf

APOPKA POLICE DEPARTMENT PROCEDURAL GENERAL ORDERS Effective Date 03-01-17 Number 8286.00 New Subject ❑ Rescinds ❑ Amends CODE OF CONDUCT AND RULES Reference Reviewer/Approved by McKinley PGO 8285.00 “Discipline Standards” Reevaluation As Necessary Application All Employees Related Forms / Bulletins PURPOSE: The purpose of this policy is to promote a pattern of behavior consistent with the philosophy of the Apopka Police Department that is reflective of professional law enforcement. DISCUSSION: All members are required to comply with city and department policies. It is the policy of this department to establish rules governing members’ actions. The Code of Conduct rules are not intended to restrict the privileges of anyone, but are designed to ensure the rights and safety of all members and to provide working guidelines to encourage equitable and business-like conduct. POLICY / PROCEDURE: I. Offenses: NEGLIGENT DUTY Violation # VIOLATION DEFINTION LEVEL 8286.00/101.1 Absence without Leave: 2 Employees will not be absent from duty (fail to show, fail to return or leaving work) without having made proper notification or having received proper authorization. This includes sick leave, vacation, scheduled overtime, special hours, special shifts stand-by duties, court, etc. 8286.00/102.1 Abuse of Break Periods: 1 Employees will take meal or rest breaks within time limits allowed by policy, or supervisory authority. Code of Conduct and Rules Page 1 of 23 Violation # VIOLATION DEFINTION LEVEL 8286.00/103.1 Abuse of Sick Leave: 2 Employees will not engage in outside employment while on sick leave, whether in paid or unpaid status unless approved by the police chief, and the work does not require the same mental and/or physical capabilities as the city position. 8286.00103.2 Abuse of Sick Leave: 2 Employees will not use sick time in excess. Excessive use of sick time may be considered abusive even if a doctor’s certification has been obtained. It may also be considered abuse of sick leave to exceed the number of sick leave days allowed by the city. 8286.00/104.1 Acceptance of Subpoenas: 2 Employees will accept all subpoenas served to their person or pursuant to current department policies. 0–Points for the first offense. 8286.00/104.2 Acceptance of Subpoenas: 2 Employees will adhere to the demands of any subpoena properly executed by a proper authority. This includes appearance at or in court or depositions; meeting appropriate tasking requests in a timely manner; providing court documents; and any other lawful court demand. 8286.00/105.1 Aiding Fellow Officer: 5 Sworn personnel will take appropriate police action to aid a fellow officer exposed to danger or in a situation where danger might be impending. 8286.00/106.1 Attention to Duty: 1 Employees will give prompt attention to the performance of duty. Employees will not quit work, loaf, loiter, and/or leave assigned work area during working hours without permission. 8286.00/106.2 Attention to Duty: 1 Employees will not fail to carry out assigned work or instructions within a reasonable time or by a specified deadline. 8286.00/106.3 Attention to Duty: 2 Employees will not fail to take appropriate action on a crime scene, during a public disorder or other act or condition deserving immediate attention. This includes leaving work or an assigned post where operations are continuous and/or effect public safety or health. 8286.00/106.4 Attention to Duty: 3 Employees will not fail to take appropriate action when investigating crim- Code of Conduct and Rules Page 2 of 23 Violation # VIOLATION DEFINTION LEVEL inal activity or complaints thereof. This includes failing to take an appropriate report or collect other required documents or evidence. Additionally, this includes failing to submit reports or follow-up investigations in a timely manner as to hinder a follow-up investigation or impair successful prosecution. 8286.00/107.1 Care / Maintenance of Equipment: 2 Employees will properly care for and properly maintain issued equipment including uniforms, tools and supplies. Employees will not contribute to the loss of or damage to department property through negligence or inattention to duty. Such loss or damage may render the employee liable for reimbursement to the city in addition to disciplinary action. 8286.00/108.1 Competence / Productivity / Workmanship: 1 Employees will maintain their productivity and workmanship within required standards of performance. 8286.00/108.2 Competence / Productivity / Workmanship: 3 Employees will maintain sufficient competency to properly perform their duties and assume the responsibilities of their positions. 8286.00/109.1 Cowardice: 5 Sworn employees will perform their duties and will not avoid such duties because of fear or cowardice. Sworn employees 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 department who is engaged in a hazardous situation. Sworn employees will respond to the aid of all persons in danger unless the probability of losing their own life exceeds the probability of successful rescue. 8286.00/110.1 Duty to Read / Understand / Comply with Orders: 2 Employees will read, understand, and comply with all rules and regulations, general orders, administrative orders, policies and procedures of the department, as well as written and verbal orders of a superior. To this end, it will be considered neglect of duty to fail to inquire of a superior until the matter is resolved concerning any question as to the meaning or application of any law, rule or regulation, general or administrative order, policy or procedure, written or verbal order.. 8286.00/111.1 Failure to Pay Just Debts: 2 Employees will not fail to pay just debts that are due, or fail to make reasonable provisions for the future payment of such debts, thereby causing annoyance or embarrassment to the City of Apopka or its personnel. 8286.00/112.1 Identification: 1 Code of Conduct and Rules Page 3 of 23 Violation # VIOLATION DEFINTION LEVEL Employees will have in their possession official department identification when required. 8286.00/112.1 Identification: 1 Employees will have in their possession, when required by law, a valid Florida driver’s license while operating a city vehicle or motorized equipment. 8286.00/112.3 Identification: 2 Employees will furnish (including verbally) their rank and/or name in a respectful manner when so requested. This does not apply to sworn officers operating in an official undercover capacity. 8286.00/113.1 Leaving Municipal Limits: 2 Employees will not go beyond the municipal limits while on-duty unless in the performance of actual duty or upon the approval of a supervisor. The cursory movement from city limits into unincorporated areas while on patrol is exempted when going from one part of the city to another. This generally applies only to personnel assigned to patrol. 8286.00/115.1 Medical Aid for Prisoners: 2 Employees will promptly summon medical aid for any person in the employee’s care or custody who is unconscious, ill, or injured and requires or requests such aid. The employee will promptly report any unconscious, injured, or ill person in custody to the appropriate emergency medical service and the employee's immediate supervisor. 8286.00/116.1 Paperwork Completed / Filed on Time: 1 Employees will ensure that any official paperwork is completed and filed by the scheduled due date. This paperwork includes, but is not limited to, evaluations, reports, time sheets/cards, etc. 8286.00/117.1 Permitting Escape: 3 Sworn personnel will observe proper prisoner handling procedures and will not allow a prisoner to escape through carelessness or neglect. 8286.00/118.1 Personal Appearance: 1 Employees will maintain a neat, clean personal appearance, which does not adversely reflect upon the individual’s competency, efficiency and pride as a member of the department, or the ability of the city and department to foster and enhance a professional, efficient, effective image/posture. To this end, the wearing of an improper uniform, failure to carry all necessary equipment or to maintain one’s uniform and/or equipment in good order is prohibited. Failure to comply with proper grooming standards or to main- Code of Conduct and Rules Page 4 of 23 Violation # VIOLATION DEFINTION LEVEL tain good physical hygiene or fitness is also prohibited. 8286.00/119.1 Personal Business On-Duty: 1 No employee will engage in any activities or personal business while onduty which may cause neglect or inattention to duty, including, but not limited to, the use of personally owned equipment on-duty unless expressly approved in advance. 8286.00/120.1 Recovered Property / Evidentiary Materials: 2 Employees will turn over to designated personnel of the department, all lost, stolen/recovered, abandoned or evidentiary material which comes into the possession of an employee as a result of the performance of departmental duties. Property of evidentiary value will remain properly secured at all times. 8286.00/120.2 Recovered Property / Evidentiary Materials: 3 Property comprising of a high dollar value or narcotics will be turned over to property and evidence prior to the end of duty, unless specifically exempted. 8286.00/121.1 Rendering Assistance: 2 When any person requests assistance or advice, or makes complaints or reports, either by telephone or in person, all pertinent information will be obtained and properly and judiciously acted upon consistent with established department procedures. 8286.00/122.1 Reporting Lost / Damage / Defective Equipment: 2 Employees will promptly report to their immediate supervisor the loss of or damage to any department property or equipment that has been furnished the employee. 8286.00/122.2 Reporting Lost / Damage / Defective Equipment: 3 Employees will report any hazardous conditions existing in any department equipment or property coming to the attention of the employee. 8286.00/123.1 Reporting On-Duty Injury: 3 Employees will report any incident/accident which occurred on duty, in which the employee was involved, immediately to their supervisor. 8286.00/124.1 Reporting Vehicle Accidents: 3 Employees will report immediately to their supervisor all vehicle accidents involving the employee while on-duty or in city vehicles regardless of whether injury or damage has occurred. Code of Conduct and Rules Page 5 of 23 Violation # VIOLATION DEFINTION LEVEL 8286.00/125.1 Responsibility for Injuries: 3 Employees will report immediately to their supervisor all injuries involving the employees while on-duty or in city vehicles regardless of whether damage has occurred. 8286.00/126.1 Returning Departmental Property: 4 Employees will return all department owned equipment when they retire, resign, or otherwise leave the department, or when ordered to do so. 8286.00/127.1 Search Subsequent to Arrest: 2 Sworn personnel will make a complete and thorough search of arrested person(s) and of the area within the immediate control of arrested person(s) and do such in accordance with the law and constitution. 8286.00/127.2 Search Subsequent to Arrest: 4 Failure to discover a firearm or other deadly weapon. 8286.00/127.3 Search Subsequent to Arrest: 5 Improper search resulting in injury or death to another. 8286.00/128.1 Sleeping On-Duty: 2 Employees will not sleep during working hours unless otherwise provided by policy. 8286.00/129.1 Supervision: 2 Supervisory personnel will properly supervise subordinates, refer disciplinary charges, and take appropriate disciplinary action when necessary in accordance with department procedures. Proper supervision includes setting (as an example) the appropriate standards by which subordinates should follow. 8286.00/130.1 Sworn Officer to Carry Firearms: 1 Firearms carried off-duty (by plain clothes personnel) will be concealed from public view. 8286.00/130.2 Sworn Officer to Carry Firearms: 3 Sworn personnel will carry on or about their person an approved firearm while on-duty or off-duty in accordance with department policy, except when otherwise ordered by the police chief. 8286.00/130.3 Sworn Officer to Carry Firearms: 3 All weapons and ammunition carried by sworn personnel on or about their Code of Conduct and Rules Page 6 of 23 Violation # VIOLATION DEFINTION LEVEL person must be approved and/or issued by the department, except for those personally owned firearms carried in an off-duty capacity with a concealed weapons permit. 8286.00/131.1 Tardiness: 1 Employees will report for duty properly prepared at the time and place required by assignments or orders. 8286.00/131.2 Tardiness: 2 Two (2) incidents of tardiness in 30 days, or three (3) incidents within four (4) months. 8286.00/132.1 Telephone / Address: 1 Employees will maintain an approved telephone number and will notify the chief's office within one business day, in writing, of any change of address or telephone number. 8286.00/133.1 Use / Possession of Equipment: 2 Employees will not operate, use or possess tools, equipment or machinery to which the employee has not been assigned or properly trained on. 8286.00/134.1 Willful / Wanton Neglect of Duty: 4 Employees will not willfully or wantonly neglect the performance of their assigned duties. Code of Conduct and Rules Page 7 of 23 II. Offenses: IMPROPER CONDUCT Violation # VIOLATION DEFINTION 8286.00/201.1 Abuse of Authority / Position: LEVEL 5 Employees will not use their official position, identification, uniform or badges for personal or financial gain, obtaining privileges not otherwise available to them except in the performance of duty, or avoiding consequences of illegal acts. 8286.00/202.1 Abusive or Unprofessional Conduct: 1 Employees will conduct department business in a professional manner. Employees will not engage in abusive or unprofessional language, gestures or other conduct. 8286.00/202.2 Abusive or Unprofessional Conduct: 2 Directed at another employee of equal or lessor rank. 8286.00/202.3 Abusive or Unprofessional Conduct: 3 Directed at a member of the public, a City employee outside the police department, or a higher ranking employee. 8286.00/202.4 Abusive or Unprofessional Conduct: 4 Directed at a member of professional standards during, or due to, an investigation of personnel directed by the Chief of Police. Includes anyone witnessing, testifying, or participating in the investigation. Includes retaliatory conduct. 8286.00/203.1 Alcohol Possession / Use: 5 Employees will not possess and/or use alcohol on-duty or while wearing a department uniform other than in an authorized capacity. Employees will not appear for duty or be on-duty while under the influence of intoxicants to any degree whatsoever, or with an odor of intoxicants upon their breath. 8286.00/203.2 Alcohol Possession / Use: 5 Employees will not consume, other than in an authorized duty capacity, intoxicants while operating a department owned vehicle. Employees will not be under the influence of intoxicants while operating a city owned vehicle. 8286.00/204.1 Associations; Personal or Prohibited: 2 No employee will make unofficial or unnecessary associations with other persons for social or personal reasons while on-duty. 8286.00/204.2 Associations; Personal or Prohibited: 3 Employees will avoid regular or continuous associations or dealings with per- Code of Conduct and Rules Page 8 of 23 Violation # VIOLATION DEFINTION LEVEL sons whom they know, or should know, are persons under criminal investigation or indictment, or who have a reputation in the community or the department for present involvement in felonious or criminal behavior, except as necessary in the performance of official duties, or where unavoidable because of other personal relationships of the employee. 8286.00/205.1 Chain of Command: 2 The chain of command designates the accepted lines of authority as established from top to bottom and bottom to top, from which all organizational commands are transmitted. Employees must follow the chain of command other than where exempted by Procedural General Order. 8286.00/206.1 Department Vehicles: 2 Employees operating a department vehicle will operate such with due care and will maintain the vehicle, including fueling, cleaning, and reporting needed repairs. (Failure of due care under this section may include minor vehicle crashes where the employee driver is found at fault). Damage may render the employee liable for reimbursement to the city in addition to disciplinary action. 8286.00/206.2 Department Vehicles: 1 No employee will perform or allow repair work, service, or alterations of any kind to be performed on any vehicle without proper authorization. Damage may render the employee liable for reimbursement to the city in addition to disciplinary action. 8286.00/206.3 Department Vehicles: 3 Employees will not, without proper authorization, use city vehicles for personal accommodation or to transport others when this activity is not a normal responsibility of the employee. Non-employees will not be allowed to drive any department vehicle without proper authorization. Damage may render the employee liable for reimbursement to the city in addition to disciplinary action. 8286.00/206.4 Department Vehicles: 5 Employees will not operate a department vehicle whether under emergency conditions or not with wanton and willful neglect for their safety or the safety of others regardless of whether there was injury or crash. Damage may render the employee liable for reimbursement to the city in addition to disciplinary action. 8286.00/206.5 Department Vehicles: 3 The driver of any department vehicle will operate said vehicle in a reasonable and safe manner, exercising due caution and judgment, whether under emergency conditions or not, with due care for their safety and/or the safety of others regardless of whether there was injury or crash. (Failure of due care under this section may include major vehicle crashes where the employee driver is found at fault). Damage may render the employee liable for reimbursement to Code of Conduct and Rules Page 9 of 23 Violation # VIOLATION DEFINTION LEVEL the city in addition to disciplinary action. 8286.00/206.6 Department Vehicles: 5 The driver of any department vehicle will operate said vehicle in a reasonable and safe manner, exercising due caution and judgment, whether under emergency conditions or not, with due care for their safety and/or the safety of others and the failure to use due care results in serious injury or death. Damage may render the employee liable for reimbursement to the city in addition to disciplinary action. 8286.00/207.1 Communications: 1 Employees will maintain professionalism when operating city communications equipment. No employee will engage in intentional “horseplay” while using department radio equipment. Horseplay includes, but is not limited to, keying the mike and not transmitting for the purpose of covering another employee. 8286.00/207.2 Communications: 3 Horseplay resulting in injury or substantial risk of injury to another. 8286.00/207.3 Communications: 2 All employees operating city communications equipment will strictly observe regulations for such operations as established in departmental policies and by the Federal Communications Commission. 8286.00/208.1 Computer Software / Equipment: 3 Employees will not use city owned equipment to run or store software that has not been purchased and/or approved by the city. (This includes personally owned and/or unapproved free software). 8286.00/208.2 Computer Software / Equipment: 3 When used to access, play, or display inappropriate images or similar activity. 8286.00/208.3 Computer Software / Equipment: 5 Employees will not create copies of city owned software for personal use. (This excludes copies authorized for city backup purposes, but includes violation of copyright or licensing agreements). 8286.00/209.1 Conduct Unbecoming an Officer or Employee: 3 No employee will engage in conduct on or off-duty which adversely affects the morale or efficiency of the department; nor will any employee engage in conduct on or off-duty which has a tendency to destroy public respect for the employee and/or the department and/or destroy confidence in the operation of the Apopka Police Department or professionalism of its employees. 8286.00/209.2 Conduct Unbecoming an Officer or Employee: Code of Conduct and Rules 3 Page 10 of 23 Violation # VIOLATION DEFINTION LEVEL No employee when contacted by another law enforcement agency, for any reason, will engage in conduct which adversely affects the respect for the employee and/or the department and/or destroy confidence in the operation of the Apopka Police Department or professionalism of its employees. 8286.00/209.3 Conduct Unbecoming an Officer or Employee: 5 No member shall engage in sexual intercourse or other sexual conduct while on duty. No member shall have an unprofessional relationship with an inmate, detainee, probationer or parolee, or community controllee. 8286.00/209.4 Conduct Unbecoming an Officer or Employee: 5 Any overt, conspicuous, or public act of a sexual or simulated sexual nature which is likely to be observed by others. 8286.00/210.1 Confidential Information: 4 Employees will treat the official business of the department as confidential, and will only obtain for and disseminate such information to those for whom it is intended, in accordance with established procedures and/or state statute. 8286.00/211.1 Conflicting Orders: 1 Employees who are given an otherwise proper order which is in conflict with a previous order, policy, procedure or directive will respectfully inform the superior issuing the order of the conflict. 8286.00/212.1 Controlled Substance Possession / Use: 5 While on-duty or wearing a city uniform, employees will not use any controlled substance without the approval and guidance of a licensed physician. At no time will any employee use or be under the influence of any controlled substances where such use or influence impairs or compromises the efficiency and integrity of the department or municipality. 8286.00/212.2 Controlled Substance Possession / Use: 5 Illegal use of drugs or possession not in the scope of authorized official duty or testing positive for any controlled substance. 8286.00/213.1 Criticizing Orders, Rules, Policy or the Department: 2 Employees will not criticize orders, rules or policy unless it is constructively communicated in a civil manner. 8286.00/213.2 Criticizing Orders, Rules, Policy or the Department: 3 No employee will make public criticism of the department, its policies or members by talking, writing, or expression in any manner where such talking, writing, or expression is defamatory, obscene, unlawful; or tends to impair the Code of Conduct and Rules Page 11 of 23 Violation # VIOLATION DEFINTION LEVEL operation of the department by impairing its efficiency, interfering with the ability of supervisors to maintain discipline, or having been made with reckless disregard for truth or falsity. To this end, employees and members will make maximum utilization of the grievance procedure of the department as described in general orders. 8286.00/214.1 Discriminatory Conduct: 4 Employees will not engage in offensive verbal or physical conduct directed against an employee, or any other person, group of persons or member of the public based upon race, color, national origin, sex, religion, handicap, age or marital status. Employees will not engage in such conduct at any time during working hours or on city premises. Employees are also forbidden from such conduct while off-duty if such conduct adversely affects the employee’s ability to perform his/her duties. 8286.00/214.2 Discriminatory Conduct: 5 When the conduct is directed at a person whom the employee has the capacity to discipline, evaluate, appoint, employ, or promote in connection with employment. 8286.00/215.1 Disorderly Conduct: 2 Employees will not engage in horseplay, scuffling, wrestling, throwing things, malice, mischief, distracting the attention of others, catcalls, demonstrating on the job, or similar types of disorderly conduct. 8286.00/216.1 Driver’s License Not Valid: 2 Employees required to operate department vehicles or motorized equipment will immediately report the lack of a valid driver’s license to their immediate supervisor. 8286.00/216.2 Driver’s License Not Valid: 2 When lack of a valid driver’s license results in the continued inability of the employee to perform their assigned job duties. 8286.00/217.1 E-Mail: 2 E-Mail cannot be used by an employee for the purpose of outside business ventures, political campaigns or religious causes. 8286.00/217.2 E-Mail: 2 Employees will not access or attempt to access a co-worker’s E-mail files without proper authorization. 8286.00/218.1 Endorsement of Products or Services: 3 No employee will permit the employee’s name or photograph to be used to Code of Conduct and Rules Page 12 of 23 Violation # VIOLATION DEFINTION LEVEL endorse any product or service while being identified as an employee of the department without the consent of the police chief. 8286.00/219.1 Engaging in Political Activities: 2 No employee will solicit any assessments, contributions, or services for any political candidate from other employees while on-duty. 8286.00/219.2 Engaging in Political Activities: 3 No employee will use their official position for a non-duty related involvement in an election, nor require any political service of a subordinate. 8286.00/219.3 Engaging in Political Activities: 3 Employees will not use or attempt to use political influence or bribery to secure an advantage of any manner. 8286.00/219.4 Engaging in Political Activities: 5 Employees will not use or attempt to use political influence or bribery to secure an advantage of any manner. 8286.00/220.1 Excessive Force: 5 No employee will use a greater degree of force than is necessary to perform official duties. 8286.00/220.2 Excessive Force: 5 No employee will use deadly force contrary to rules, regulations, policy, or procedure. 8286.00/221.1 Exposure of Undercover Officers: 3 Employees will protect the identity of officers engaged in covert operations and will not expose the identity or occupation of officers engaged in covert operations. 8286.00/221.2 Exposure of Undercover Officers: 5 When the exposure is intentional. 8286.00/222.1 False or Malicious Statements: 5 Pleading guilty, no contest, found guilty, or the conviction of any felony or misdemeanor involving perjury or false statement, regardless of the adjudication being withheld or sentence suspended. 8286.00/222.2 False or Malicious Statements: 3 Employees will not make false or malicious statements concerning another Code of Conduct and Rules Page 13 of 23 Violation # VIOLATION DEFINTION LEVEL employee, supervisor, the city or its operations. 8286.00/223.1 Falsifying Records/Reports: 5 Employees will not knowingly falsify any document, record, statement, report or communication. 8286.00/223.2 Falsifying Records/Reports: 5 Conduct which subverts or attempts to subvert the Criminal Justice Standards and Training Commission, criminal justice school, employing agency examination process. Including violation of test administration or cheating on a test or aiding in the cheating on a test. 8286.00/224.1 Fees / Rewards: 3 No employee will accept or receive any payment or reward from any source for any services rendered in the line of duty without the knowledge and/or written consent of the police chief. 8286.00/225.1 Fighting: 4 Employees will not provoke or instigate any fight while on duty, reporting for duty, or leaving duty and on city premises. 8286.00/226.1 Firearms, Explosives, Weapons: 3 Employees will use and/or handle firearms, explosives, and weapons in a careful and prudent manner. 8286.00/226.2 Firearms, Explosives, Weapons: 5 When careless use and/or handling results in an injury, no matter the severity. 8286.00/226.3 Firearms, Explosives, Weapons: 5 Employees will not possess, use or attempt to use any firearm, explosive or weapon in an unlawful manner. 8286.00/226.4 Firearms, Explosives, Weapons: 5 Employees will not possess, use or attempt to use any firearm, explosive or weapon in a manner inconsistent with policy. 8286.00/227.1 Foraging through Records, etc.: 2 Employees will not forage through city records, department records, personnel files, co-worker’s desks, files, etc. without proper authorization. 8286.00/228.1 Gambling: 2 No employee will engage in gambling or any games of chance involving mon- Code of Conduct and Rules Page 14 of 23 Violation # VIOLATION DEFINTION LEVEL ey, property or goods while on-duty. 8286.00/229.1 Gifts / Solicitation / Acceptance: 2 No employee of the department will accept any gift or gratuity without the written permission of the police chief or in cases involving the police chief, without the approval of the appointing authority. 8286.00/229.2 Gifts / Solicitation / Acceptance: 5 No employee will solicit or accept any gift/gratuity from any person, business or organization if the employee knows or has reason to believe that the host or donor is seeking to influence the employee’s performance or non-performance of an official duty, has an interest which may be substantially affected by the performance of an official duty, has a substantial interest in an enterprise which is licensed or regulated by the city, or has a pending matter before the city or the judiciary. 8286.00/230.1 Illegal Orders: 5 Employees will neither give nor obey any order which they know or should know would require them to commit an illegal act. If in doubt as to the legality of an order, personnel shall request the issuing person to clarify the order or confer with a higher authority. 8286.00/231.1 Impartiality: 2 Employee will remain completely impartial in their dealings with all persons coming to the attention of the department. 8286.00/232.1 Investigations: 4 Employees will not refuse to testify before a grand jury or any other legally constituted investigating committee pertaining to any matter related to their employment or city business. 8286.00/232.2 Investigations: 3 Employees will answer all questions, respond to lawful orders, and render material and relevant statements, during an inquiry or administrative investigation when such orders, questions and statements are directly related to job responsibilities. 8286.00/232.3 Investigations: 2 No actions will be taken which are knowingly in violation of the employee’s federal or state constitutional or civil rights. 8286.00/233.1 Job Requirements: 5 Employees will not have been refused a surety bond, when the bond is a requirement for employment. Code of Conduct and Rules Page 15 of 23 Violation # VIOLATION DEFINTION 8286.00/233.2 Job Requirements: LEVEL 5 Employees will maintain required certification(s) for their existing job classification. 8286.00/233.3 Job Requirements: 2 Employees will maintain proficiency with all the equipment required for their existing job classification. 0 - Points for the first offense, but remedial training must be completed. 8286.00/233.4 Job Requirements: 5 Continued failure to maintain proficiency with equipment critical to the job function. (Including, but not limited to, failure to qualify with a firearm or other weapon.) 8286.00/234.1 Medical Examinations: 3 Employees will submit to any reasonable physical, psychiatric, chemical or laboratory tests, or examinations if ordered by the police chief or his designee in accordance with department policy. Failure, without a reason acceptable to the department, to keep an appointment after notification has been given. Refusal to submit to an examination or test. (See Insubordination Offenses) 8286.00/235.1 Misconduct Known to Departmental Personnel: 3 Employees knowing of other employees violating laws or ordinances, will report same to their immediate supervisor, who will take appropriate action. Employees knowing of other employees violating rules of the department, or lawful orders, where such violation may hinder the police purpose or bring embarrassment to the department, will report same to their immediate supervisor. 8286.00/236.1 Notices; Post / Circulate / Destroy / Deface: 1 No employee will remove, deface, or destroy any official written notice relating to city or department business which has been posted on department property or bulletin boards, nor will any employee post, circulate, or distribute any written or printed material of any description on city premises unless authorized. 8286.00/237.1 Off-Duty / Extra-Duty Employment: 3 No employee will engage in or fail to report engagement in off-duty or extraduty employment without the knowledge and approval of the department. 8286.00/237.2 Off-Duty / Extra-Duty Employment: 3 No employee will violate the process and procedures involved in off-duty or extra-duty orders or circumvent or attempt to circumvent the requirements of off-duty or extra-duty employment. Code of Conduct and Rules Page 16 of 23 Violation # VIOLATION DEFINTION 8286.00/238.1 Participation in Civil Matters: LEVEL 2 Employees required to give a deposition or affidavit, or appear as a witness in a civil matter stemming from one’s official duties must notify the Chief in advance. 8286.00/239.1 Personal Preferment / Benefit: 3 No employee will seek the influence or intervention of any person outside the department for the purpose of personal preferment, advantage, transfer, or advancement. 8286.00/239.2 Personal Preferment / Benefit: 2 No employee will use the time, facilities, equipment, or supplies of the department for the private gain or advantage of the employee or another person (including engaging in the sales and/or delivery of products for profit other than before or after duty hours.) Employees will not solicit or collect contributions for any purpose on city property unless authorized by the police chief. 8286.00/240.1 Physical Condition: 1 Employees will maintain good physical condition. An employee’s lack of physical conditioning should not interfere with their proper handling of departmental business. Employees will not work while unfit for duty, either physically or mentally, nor fail to report such conditions which could hamper their performance of duty. 8286.00/240.2 Physical Condition: 2 When the failure to report such a condition results in a substantial risk of injury to any person. 8286.00/240.3 Physical Condition: 4 When the failure to report such a condition results in an injury to any person. 8286.00/241.1 Possession of Access Codes, Keys, Proximity Cards: 2 Employees will only possess access codes, keys, or proximity codes pertaining to department business or obtained under department authority which they are officially entitled to. 8286.00/242.1 Property; City / Employees: 2 Employees will not possess or use another member’s tools or equipment without that member’s consent. 8286.00/242.2 Property; City / Employees: 4 Employees will not deliberately misuse, damage, or destroy property belonging to the department or another employee, including records, tools, supplies, Code of Conduct and Rules Page 17 of 23 Violation # VIOLATION DEFINTION LEVEL or equipment. 8286.00/242.3 Property; City / Employees: 5 Employees will not misappropriate city/department funds, appropriate city/department funds for personal use, illegally dispose of city/department property, or criminally take or remove from any city/department location, without proper authorization, any property belonging to the city/department or another employee. 8286.00/243.1 Reading On-Duty: 1 No employee will read any material, recreational or otherwise that is not in the furtherance of official duty, while on-duty, unless authorized by supervisory authority. 8286.00/244.1 Receiving Mail / Visitors / Personal Calls: 1 No employee will consistently receive personal mail, visitors, or personal calls at the station for non-duty related purposes except as authorized by a supervisor. 8286.00/245.1 Records; Duplication / Destruction / Modification: 2 Employees will not obtain or duplicate, attempt to obtain or duplicate, or modify any information from departmental files, sources, or reports unless authorized or properly entitled to in accordance with one’s duties and assignments. 8286.00/245.2 Records; Duplication / Destruction / Modification: 5 Employees will not intentionally alter, dispose of, or destroy any department file, document, or record except as provided for by law and authorized by the police chief. 8286.00/246.1 Referral of Attorneys or Bondsmen: 2 No employee will suggest, recommend, or otherwise influence a decision regarding the retention of any specific attorney or bail bondsman to any person coming to the employee’s attention as a result of police business. 8286.00/247.1 Reporting Criminal Charges / Activity: 2 Employees will report having been charged by any law enforcement agency with the commission of a misdemeanor or any felony which occurred on or off-duty to their supervisor or the police chief. 8286.00/247.2 Reporting Criminal Charges / Activity: 2 Employees will report having been contacted by a law enforcement agency regarding an investigation involving them pursuant to a misdemeanor or any felony which occurred on or off-duty to their supervisor or police chief within twenty-four (24) hours of contact. Code of Conduct and Rules Page 18 of 23 Violation # VIOLATION DEFINTION LEVEL 8286.00/247.3 Reporting Criminal Charges / Activity: 2 Employees who obtain information concerning crimes will provide proper guidance to whom the information was received from or properly report such information in a timely manner. 8286.00/247.4 Reporting Criminal Charges / Activity: 4 Sworn employees who observe crimes, while on or off-duty, will take appropriate action if within their jurisdiction or properly report the crime to the appropriate jurisdiction. 8286.00/248.1 Safety Rules: 1 Employees will not violate a safety rule or safety practice. Employees will not create or contribute to unsanitary or poor housekeeping. (Such as failure to pick up scraps, leaving tools or equipment in pedestrian or vehicular areas, etc.) 8286.00/248.2 Safety Rules: 1 Employees will use or wear proper safety equipment when required. 8286.00/248.3 Safety Rules: 2 Employees will not use radios and/or cassette players using head or earphones while on-duty. 0 - Points for the first offense. 8286.00/249.1 Serving as Character Witness: 2 No employee will give testimony as a character witness for any defendant in a criminal trial without the knowledge of the police chief. 8286.00/250.1 Settlement of Duty Incurred Expenses / Damages 2 Employees will notify the police chief, in writing, prior to accepting compensation/settlement for damages sustained or expenses incurred in the performance of official duty. 8286.00/251.1 Sexual Harassment: 5 No employee, male or female, will sexually harass another employee by making unwelcome sexual advances or requests for sexual favors or other verbal or physical conduct of a sexual nature as a condition of an employee’s continued employment. 8286.00/251.2 Sexual Harassment: 5 Making submission to or rejection of such conduct the basis for employment decisions affecting the employee. 8286.00/251.3 Sexual Harassment: Code of Conduct and Rules 4 Page 19 of 23 Violation # VIOLATION DEFINTION LEVEL Creating an intimidating, hostile, or offensive working environment by such conduct. 8286.00/252.1 Smoking / Use of Tobacco Products: 1 Indiscriminate smoking or other use of tobacco products while conducting official duties is prohibited. Employees will not smoke or otherwise use tobacco products unless in areas designated for such. 8286.00/253.1 Strikes and Work Stoppages: 5 Employees will not participate in any form of strike or concerted work stoppage. Work stoppage will mean the concerted failure to report for duty; the willful and unauthorized absence from one’s position or sickness unsubstantiated by a physician’s statement; or the stoppage of work or the abstinence in whole or in part from the full, faithful and coercing a change in the conditions, compensation, rights, privileges, or obligations of employment. 8286.00/254.1 Tampering with Witnesses: 4 No employee will interfere with the attendance or testimony of witnesses through coercion, bribery, or other means. 8286.00/255.1 Tampering with Witnesses: 5 When such tampering involves criminal proceedings. 8286.00/256.1 Telephones: 2 Employees must be authorized to use city/department telephones when such use results in toll charges. The employee may be required to reimburse the city for such charges. 8286.00/257.1 Testifying for the Defendant: 2 Employees will notify their immediate supervisor upon receipt of a subpoena or other notice requiring the employee to testify on behalf of a defendant against the City of Apopka or any department in any trial or hearing, civil, or criminal. 8286.00/258.1 Threatening, Intimidating, Interfering with Others: 4 Employees will not threaten, intimidate, coerce, or interfere with other employees or members of the public at any time while on-duty, reporting for duty or leaving duty and on city premises, whether in such person’s presence or not. 8286.00/259.1 Time Cards / Sheets: 2 Employees will not punch the time card of another member, have one’s time card punched by another, or alter a time card or pay sheet without authorization. Code of Conduct and Rules Page 20 of 23 Violation # VIOLATION DEFINTION 8286.00/260.1 Truthfulness: LEVEL 5 Employees are required to be truthful at all times, whether under oath or not, except in the performance of official duties requiring such deception. 8286.00/261.1 Unlawful Arrest: 4 No employee will make an unlawful arrest or an arrest not in accordance with current department policy. Employees will respect the constitutional and civil rights of all arrested persons. 8286.00/262.1 Use of Private Vehicles / Equipment: 2 No employee will use private vehicles and/or equipment for official purposes unless directed or authorized to do so by the police chief. 8286.00/263.1 Valuable Items; Buying / Receiving / Selling: 3 No employee will knowingly buy, receive, or sell anything of value from or to any complainant, suspect, witness, defendant, prisoner, or other person involved in any active case which has come to the attention of or which arose out of department employment except as may be specifically authorized by the police chief. 8286.00/264.1 Willful Violations: 3 Employees will not willfully violate any written rule, regulation, or policy established by the city or the department. Code of Conduct and Rules Page 21 of 23 II. Offenses: INSUBORDINATION: Violation # VIOLATION DEFINTION 8286.00/301.1 Emergency Situations: LEVEL 5 Employees will follow all lawful written or verbal instructions of a superior during emergency situations that affect public safety or health. 8286.00/302.1 Oaths of Citizenship / Loyalty: 5 Employees will not refuse to sign an oath of citizenship or an oath of loyalty which is a requirement of all employees. 8286.00/303.1 Lawful Orders: 3 Employees will not refuse to sign any document that requires such signature as a receipt of the document. This includes policies, instructions, disciplinary action related documents, etc. Code of Conduct and Rules Page 22 of 23 II. Offenses: UNLAWFUL CONDUCT: Violation # VIOLATION DEFINTION LEVEL 8286.00/401.1 Criminal Violations: 5 Employees will not commit any act defined as a felony or first degree misdemeanor by federal or state law, or a local or city ordinance involving moral turpitude, whether on or off-duty, including those in another state or jurisdiction. Proof of the violation may be established by a criminal conviction; a plea of guilty or nolo contendere; a judgment or verdict of guilty regardless of whether adjudication was withheld; or evidence presented at an administrative hearing which establishes by a preponderance of the evidence that the violation was committed regardless of whether the employee was investigated, arrested, charged, or prosecuted by a criminal justice agency concerning the offense. 8286.00/402.1 Non-Criminal Violations: 2 Employees will adhere to all federal, state and local laws and ordinances including those punishable only be fine, forfeiture, or civil penalty, excluding traffic infractions. 8286.00/402.2 Non-Criminal Violations: 5 The improper and unauthorized use of law enforcement databases, including FCIC, NCIC, DAVID, etc. 8286.00/402.3 Non-Criminal Violations: 2 When an employee commits a traffic infraction while operating a city vehicle, excluding parking tickets. By Order of:. Code of Conduct and Rules Michael McKinley, Police Chief Page 23 of 23

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