8207.00 Ethics And Ethical Behavior.pdf

APOPKA POLICE DEPARTMENT PROCEDURAL GENERAL ORDERS Effective Date 11-22-21 Number 8207.00 ❑ New ❑ Rescinds Subject ETHICS AND ETHICAL BEHAVIOR Reference 01-01-17 Reviewer/Approved by McKinley F.S.S. Chapter 112, Part III Reevaluation As Necessary Application All Employees Related Forms / Bulletins P...

APOPKA POLICE DEPARTMENT PROCEDURAL GENERAL ORDERS Effective Date 11-22-21 Number 8207.00 ❑ New ❑ Rescinds Subject ETHICS AND ETHICAL BEHAVIOR Reference 01-01-17 Reviewer/Approved by McKinley F.S.S. Chapter 112, Part III Reevaluation As Necessary Application All Employees Related Forms / Bulletins PURPOSE: To establish and require ethical standards of conduct for all members of the department by setting forth those acts or actions that are incompatible with the best interests of the City of Apopka and by providing guidelines covering situations of actual or potential conflicts of interest. The purpose of the standard is to provide guidance to all members so that actions will be avoided which may create the appearance of: Using public office or employment for private gain; Giving preferential treatment to any organization or person; Impairing independence and impartiality of action; Impeding governmental efficiency or economy; Adversely affecting the confidence of the public in the integrity of the City. DISCUSSION: In a public service organization, public office is a public trust and the issue of ethics has a particular importance. For the City of Apopka to be an ethical organization, all actions must be based upon a set of values. This set of values has been developed to establish an identity of a professional organization. The values of any organization are reflected in the quality of the decisions made by the members. That is why the Apopka Police Department is dedicated to ethics in government. All members of the City should be loyal to the community objectives expressed by the electorate. Members should adhere to the rules of work and performance established as the Ethics and Ethical Behavior Page 1 of 15 Amends standard for their positions. Members should not exceed their authority, breach the law, or ask others to do so. Each member should work in full cooperation with other public officials and employees unless prohibited from doing so by law or by the officially recognized confidentiality of their work. This policy defines conduct unbecoming a police officer. This policy supplements the ethical standards contained in the International Association of Chiefs of Police's Law Enforcement Code of Ethics. POLICY / PROCEDURE: I. Overview: A. Law enforcement effectiveness depends upon community respect and confidence. Conduct which detracts from this respect and confidence is detrimental to the public interest and is prohibited. B. The policy of this department is to investigate circumstances suggesting a member has engaged in unbecoming conduct and impose disciplinary action when appropriate. C. This Procedural General Order is applicable to all members of the department, whether sworn or unsworn. II. Scope: A. This policy applies to all members of this department engaged in official duties, whether within or outside of the territorial jurisdiction of this department. Unless otherwise noted, this policy also applies to off-duty conduct. B. Conduct not mentioned under a specific rule but which violates a general principle is prohibited. III. Canon of Ethical Behavior: A. Principle One: 1. Police officers shall conduct themselves, whether on or off duty, in accordance with the Constitution of the United States, the Florida Constitution, and all applicable laws, ordinances and rules enacted or established pursuant to legal authority. 2. Rationale: Ethics and Ethical Behavior Page 2 of 15 I. Police 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. Police officers may only act in accordance with the powers granted to them. 3. Rules: I. Police officers shall not knowingly exceed their authority in the enforcement of the law. II. Police 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. III. Police 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 Florida. IV. A police officer, 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 is present, except where permitted in the performance of duty under proper authority. B. Principle Two: 1. Police 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. 2. Rationale: I. Community cooperation with the police is a product of its trust that officers will act honestly and with impartiality. The police officer, as the public's initial contact with the criminal justice system, must act in a manner that instills such trust. 3. Rules: I. Police officers shall carry out their duties with integrity, fairness and impartiality. Ethics and Ethical Behavior Page 3 of 15 II. Police 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 under law. III. Police officers shall truthfully, completely and impartially report, testify and present evidence, including exculpatory evidence, in all matters of an official nature. IV. Police officers shall take no action knowing it will violate the constitutional rights of any person. V. Police officers must obey lawful orders, but must refuse to obey any orders 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. VI. Police officers learning of conduct or observing conduct which is in violation of any law or policy of this department shall take necessary action and report the incident to the officer's immediate supervisor, who shall forward the information to the Chief of Police. If the misconduct is committed by the officer's immediate supervisor, the officer shall report the incident to the immediate supervisory officer in charge. C. Principle Three: 1. Police officers shall perform their duties and apply the law impartially and without prejudice or discrimination. 2. Rationale: I. Law enforcement effectiveness requires public trust and confidence. Diverse communities must have faith in the fairness and impartiality of their police. Police officers must refrain from fostering disharmony in their communities based upon diversity, and Ethics and Ethical Behavior Page 4 of 15 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. 3. Rules: I. Police officers shall provide every person in our society with professional, effective and efficient law enforcement services. II. Police 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 or age. III. Police 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. D. Principle Four: 1. Police officers shall not, whether on or off duty, exhibit any conduct which discredits themselves or their department or otherwise impairs their ability or that of other officers or the department to provide law enforcement services to the community. 2. Rationale: I. A police officer's ability to perform his or her duties is dependent upon the respect and confidence communities have for the officer and law enforcement officers in general. II. Police officers must conduct themselves in a manner consistent with the integrity and trustworthiness expected of them by the public. 3. Rules: I. Police officers shall not consume alcoholic beverages or chemical substances, while on duty, except as permitted in the performance Ethics and Ethical Behavior Page 5 of 15 of official duties, and under no circumstances while in uniform, except as provided. II. Police officers shall not consume alcoholic beverages to the extent the officer would be rendered unfit for the officer's next scheduled shift. A police officer shall not report for work with the odor of an alcoholic beverage on the officer's breath. III. Police officers shall not use narcotics, hallucinogens, or other controlled substances except when legally prescribed. When medications 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. IV. Police officers, while on duty, shall not commit any act which, as defined under Florida 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. V. Police officers, while off duty, shall not engage in any conduct which the 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. VI. Police officers shall not commit any acts which, as defined under Florida law, constitute sexual assault or indecent exposure. Sexual assault does not include a frisk or other search done in accordance with proper police procedures. Ethics and Ethical Behavior Page 6 of 15 VII. Police officers shall not commit any acts which, as defined under Florida law, constitute (1) domestic violence and/or stalking, or (2) the violation of a court order restraining the officer from committing an act of domestic violence, having contact with the petitioner, or excluding the police officer from the petitioner's home or workplace. VIII. Police officers shall not, in the course of performing their duties, engage in any sexual contact or conduct constituting lewd behavior. IX. Police officers shall avoid regular personal associations with persons who are known to engage in criminal activity where such associations will undermine the public trust and confidence in the officer or 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. E. Principle Five: 1. Police officers shall treat all members of the public courteously and with respect. 2. Rationale: I. Police officers are the most visible form of local government. Therefore, police officers must make a positive impression when interacting with the public and each other. 3. Rules: I. Police officers shall exercise reasonable courtesy in their dealings with the public, fellow officers, superiors and subordinates. II. No police officer shall ridicule, mock, deride, taunt, belittle, willfully embarrass, humiliate, or shame any person to do anything reasonably calculated to incite a person to violence. Ethics and Ethical Behavior Page 7 of 15 III. Police officers shall promptly advise any inquiring citizen of the department's complaint procedure, and shall follow the established departmental policy for processing complaints. F. Principle Six: 1. Police officers shall not compromise their integrity, nor that of their department or 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 police officer for personal, commercial, or political gain. 2. Rationale: I. For a community to have faith in its police officers, officers must avoid conduct that does or could cast doubt upon the impartiality of the individual officer or the department. 3. Rules: I. Police 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. II. Police officers shall not lend to another person their identification cards or badges or permit these items to be photographed or reproduced without approval of the police chief. III. Police officers shall refuse favors or gratuities which could be reasonably interpreted as capable of influencing official acts or judgments. IV. Unless required for the performance of official duties, police 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 a Ethics and Ethical Behavior Page 8 of 15 walk-through of such establishments as part of regular assigned duties. V. Police officers shall: I. not authorize the use of their names, photographs or titles in a manner that identifies the officer as an employee of this department in connection with advertisements for any product, commodity or commercial enterprise; II. 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; III. not make endorsements of political candidates, while on duty, or while wearing the department's official uniform. VI. 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 organizations to endorse political candidates or express views on political issues or other matters of public concern. G. Principle Seven: 1. Police officers shall not compromise their integrity, not that of their department or profession, by taking or attempting to influence actions when a conflict of interest exists. 2. Rationale: I. For the public to maintain its faith in the integrity and impartiality of police officers and their departments, officers must avoid taking or influencing official actions where the officer's actions would or could conflict with the officer's appropriate responsibilities. 3. Rules: Ethics and Ethical Behavior Page 9 of 15 I. Police officers shall, unless required by law or policy, refrain from becoming involved in official matters, or influencing actions of other police 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. II. Police officers shall, unless required by law or policy, refrain from acting or influencing official actions of other police officers in official matters impacting persons with whom the officer has or has had a business or employment relationship. III. Police officers shall not use the authority of their position as police officers, or information available to them due to their status as police officers, for any purpose of personal gain including, but not limited to, initiating or furthering personal and/or intimate interactions of any kind with persons with whom the officer has had contact while on duty. IV. Police 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. H. Principle Eight: 1. Police officers shall observe the confidentiality of information available to them due to their status as police officers. 2. Rationale: I. Police officers are entrusted with vast amounts of private and personal information, or access thereto. Police 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 officer's and department's commitment to preserving such confidences. 3. Rules: Ethics and Ethical Behavior Page 10 of 15 I. Police officers shall not knowingly violate any legal restriction for the release or dissemination of information. II. Police 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. III. Police officers shall not divulge the identity of persons giving confidential information except as required by law or department policy. IV. Ethical Code of Conduct: A. Gifts and Gratuities: 1. No employee shall solicit or accept, either directly or indirectly, any gratuity regardless of value from any person when it would be solicited or offered based upon any understanding that a vote, official action, or judgment of the employee would be influenced thereby. 2. Employees may accept gratuities without regard to value when such gratuities are offered to the City, and accepted on behalf of the City, with said gratuity to remain the property of the City. 3. Employees may accept, regardless of value, admission to special events to which they are invited in their official representative capacity as a City Official. The representative's capacity must be clearly substantiated and representation of the City by the employee for the event must be approved by the Mayor. 4. It is improper for any employee to be compensated or receive something of value for the performance of duties or employment responsibilities unless said item would normally and customarily be received. For example: An employee may accept a meal which is the result of a regular meeting. However, the employee may not accept dinner at their favorite restaurant for having participated in a particular manner for expediting a City project. B. Bribe: No employee of the City shall demand, expect, receive, or agree to receive a bribe for his or her job performance or the execution of any job responsibility. Ethics and Ethical Behavior Page 11 of 15 C. Conflict of Interest: 1. The key to avoiding a Conflict of Interest lies in maintaining sensitivity to the area. There can be no security or defense in acting without consideration of the potential for the creation of conflicts, for the law prohibits a situation when private interests tend to lead to a disregard of official responsibilities. The facts related to each case are critical. The surest way officers or employees can insulate themselves from the creation of conflicts is to be continually alert to the possibility of a conflict and to request a review of the situation whenever a potential conflict may exist. 2. No employee shall engage in any business transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of their official duties in the public interest or would tend to impair their independence of judgment or action in the performance of their official duties. D. Financial Interest: If an employee is an officer, director, partner, proprietor, associate or general agent or owns material interest in any business entity which granted a privilege to operate in the State, they shall file a statement which gives the name, address, and principle business activity of the business entity, and state the purpose with such business entity or the fact that material interest is owned and the nature of said interest. E. Impartiality: No employee shall request, use, or permit the use of any consideration, treatment, advantage, or favor beyond that which is the general practice to grant or make available to the public at large. F. Use of Public Property: No officer or employee shall request, use, or permit the use of City- owned vehicles, equipment, or property for personal convenience or profit except when such services are sanctioned or approved by the City and are available to the public generally, except where otherwise authorized by approved policy or action of the City Council. G. Disclosure and Disqualification: Whenever the performance of official duties shall require an employee to deliberate and vote on any matter involving their fi- Ethics and Ethical Behavior Page 12 of 15 nancial or personal interest, they shall make a public statement in the form and manner required by Florida Statutes. H. Confidential Information: 1. No employee shall furnish to anyone any information, other than nonconfidential public information (pursuant to public records release policies of the City), that was obtained as a result of employment with the City to gain personal advantage for themselves or another. 2. This shall not be construed to limit, hinder, or prevent the divulging or use of information in the performance of official duties but shall prohibit the use of, or providing of, information that would place the employee or the recipient in a position of advantage over the general public and, thereby, constitute a violation of public trust. I. Representing Private Interests Before City Agencies, Boards, or Courts: 1. No employee whose salary is paid in whole or in part by the City shall appear on behalf of private interests before any agency of this City. Employees shall not represent private interests in any action or proceeding against the interests of the City, or in any litigation to which the City is a party. 2. This section shall not be construed as prohibiting the appearance of employees when subpoenaed as a witness by parties involved in litigation which may also involve the City of Apopka. Additionally, this is not meant to preclude an employee from appearing on their own behalf, or as a representative of, a non-profit organization that has no commercial interests. 3. The definition of "represent" means actual physical attendance on behalf of a client in an agency proceeding, the writing of letters or filing of documents on behalf of a client, and personal communications made with officers or employees of any agency on behalf of a client. Example: It would be acceptable that an employee, who is a member of a homeowner's organization, represent that organization before the City Council; however, Ethics and Ethical Behavior Page 13 of 15 it would not be acceptable that the building official represent a builder during a code enforcement hearing. J. Recommendations: It shall be the general policy of the department to prohibit the referral of services or businesses. 1. Bail Bondsmen: I. Employees of the Apopka Police Department shall not recommend, or suggest to any person arrested, prisoner or any other person, the name of any bail bondsman, either directly or indirectly. II. Employees of the Apopka Police Department shall not become surety or guarantor, furnish bail or bond for any person arrested for a crime, except for members of their immediate family. 2. Business Firms: An employee of the Apopka Police Department shall refrain from recommending any business firm while acting in his/her official capacity. 3. Wreckers: Employees are prohibited from suggesting or recommending wrecker service or agencies for persons involved in traffic accidents or any other incident requiring the services of a wrecker. It shall be the prerogative of the owner/operator of the automobile to name the wrecker service desired, and the employee, then, is obligated to make every effort to secure the wrecker requested by the owner. Should the wrecker desired not be available, the automobile owner shall be so informed, and advised that the Apopka Police Department will secure the services required from the wrecker service company that is on contract with the City of Apopka. K. City Purchases: 1. Employees are prohibited from buying any City property which is not offered for sale through a public auction. 2. Employees are prohibited from using their position within the City to influence a vendor or obtain or facilitate the acquisition of any property or service for personal use or for the use of another whether or not City funds or accounts are utilized. Additionally, employees are prohibited from di- Ethics and Ethical Behavior Page 14 of 15 recting, authorizing, or allowing another employees to use their position within the City to do such. By Order of: Michael McKinley, Police Chief Ethics and Ethical Behavior Page 15 of 15