Conduct of personnel.pdf

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 26.100 CONDUCT OF PERSONNEL Revised: September 16, 2021 I. PURPOSE: The purpose of this Directive is to set guidelines for the proper conduct of employees of the Boca Raton Police Services Department and for the administration...

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 26.100 CONDUCT OF PERSONNEL Revised: September 16, 2021 I. PURPOSE: The purpose of this Directive is to set guidelines for the proper conduct of employees of the Boca Raton Police Services Department and for the administration of the disciplinary system related to improper conduct. II. POLICY: It shall be the policy of the Department to train its employees regarding proper conduct standards and for supervisors to hold employees accountable for meeting those standards. Guidelines and specific rules of conduct cannot provide for every situation, but the topics included in this directive should help establish standards for employee conduct and appearance. III. DEFINITIONS: Malfeasance: Intentional conduct that is wrongful or unlawful. Misfeasance: The improper performance of an act that a person may lawfully do. Nonfeasance: Failure to perform an official duty or legal requirement, or “neglect of duty”. Probable Cause: Where the facts and circumstances within the law enforcement officers' knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed. Third Agency Rule: A rule that dictates that when a third agency requests information, which contains intelligence/information reports from other law enforcement agencies, only that information from Department sources and from non-law enforcement sources can be released. Unlawful Conduct: Any act or crime that is defined by Florida statutes or Federal law as a misdemeanor or felony, or which constitutes a municipal ordinance violation, whether chargeable or not. Effective: May 1, 1982 Revised: September 16, 2021 Conduct of Personnel Directive No. 26.100 Page 1 of 23 IV. PROCEDURE: A. LAW ENFORCEMENT OFFICER (LEO) AND CIVILIAN EMPLOYEE CONDUCT: 1. STANDARDS: a. All employees must conduct themselves in a manner that is deserving of the public’s respect and cooperation and reflects the Department’s values. b. All employees must conduct themselves in a manner that shall assure cooperation and effective relationships among employees of this Department and other agencies. c. All employees must conduct themselves in a manner that projects the best possible image of the Department. d. An act or omission contrary to good order, discipline, or accepted social practice may subject an employee to disciplinary action. 2. AREA OF RESPONSIBILITY: a. Employees shall remain in his/her zone or area to which they are assigned unless otherwise directed or authorized. b. Employees shall properly guard or patrol a fixed post or area of responsibility. c. Except in emergencies, employees shall not leave a post or assignment without being properly relieved of duty. d. If an employee must leave a post without having been properly relieved, he/she shall notify the appropriate supervisor as soon as possible. 3. ASSISTING CRIMINALS: a. Except as authorized below, employees shall not communicate information that might assist persons suspected or charged with criminal acts. b. Employees who receive information that might exculpate or clear individuals suspected or charged with a criminal act shall communicate that information to the appropriate Department employees or the State Attorney's Office. 4. ASSOCIATING WITH CRIMINAL ELEMENTS: a. No employee except in the discharge of his/her official duty may knowingly associate with persons engaged in unlawful activities. Effective: May 1, 1982 Revised: September 16, 2021 Conduct of Personnel Directive No. 26.100 Page 2 of 23 b. Employees shall not assist in concealing a wanted person’s whereabouts. c. Employees shall avoid regular or continuous associations or dealings with persons whom he/she know or should know are under criminal investigation or indictment, or who have a reputation in the community or the Department for present involvement in felonious or criminal behavior. 5. ATTENDANCE: a. Employees shall report to duty unless on authorized leave. b. Employees shall report for duty, roll call, and inspection at the time and place specified by his/her supervisor. c. Employees shall report for duty physically fit, clean, and properly groomed, correctly attired in the uniform of the day, and equipped to assume his/her duties immediately. d. Employees who are unable to report for scheduled duty shall personally notify his/her supervisor and state the reason and the expected date and time of return. i. Bargaining unit employees shall follow the procedures in Standard Operating Procedure 22.03 Employee Scheduling System (VCS) for requesting leave. ii. All other employees shall follow established City policies and procedures for electronic requests of leave. e. All employees of the Department are entitled to days off as scheduled by his/her supervisor with the approval of the division commander or his/her designee. Days off shall be given in accordance with the requirements within the division to which each employee is assigned. f. Employees shall not leave or end a duty/assignment unless properly relieved or dismissed. 6. BULLETIN BOARDS: a. Employees shall not mark, mar, alter, or deface any notice on official Department bulletin boards. b. Employees shall not post or remove any material on official Department bulletin boards or on Department property without proper authorization from his/her supervisor. Effective: May 1, 1982 Revised: September 16, 2021 Conduct of Personnel Directive No. 26.100 Page 3 of 23 7. BUSINESS CARDS: a. The Department shall purchase generic business cards to be used by authorized employees. b. Only authorized employees shall use business cards, and only in conjunction with Department activities. c. Employees may purchase his/her own business cards with approval of the card design by the chief of police or his/her designee. 8. CIVIL MATTERS: a. Employees shall not attempt to adjudicate any civil disputes or give legal advice in civil matters. However, an employee will act in keeping the peace and in referring the parties to the appropriate agency to resolve his/her dispute. 9. CIVIL SUITS: a. Employees shall not testify in civil cases involving the City or give a statement concerning official business unless he/she is legally summoned. b. Employees shall communicate with prosecuting authorities regarding official business arising out of his/her duties. c. Employees shall not institute civil action arising out of their official duties without first notifying the chief of police in writing through the chain of command. d. Any employee having a civil suit filed against him/her because of an act performed by him/her in the line of duty, or who is served with a summons or subpoena for a civil suit involving a work-related incident, shall notify the chief of police by chain of command within 48 hours. e. Employees shall notify his/her supervisor when he/she is a witness or subject of a civil case involving the City. The supervisor shall be responsible for notifying his/her chain of command. 10. COMPROMISING POLICE CASES: a. Employees shall not interfere with the service of lawful process. b. Employees shall not interfere unlawfully with the attendance or testimony of witnesses or defendants through coercion, bribery, or other means. c. Employees shall not attempt to have any legal process dismissed, reduced, voided, not be served, or stricken from official records, except in the interest of justice, and then only in accordance with written directives. Effective: May 1, 1982 Revised: September 16, 2021 Conduct of Personnel Directive No. 26.100 Page 4 of 23 d. Employees shall not engage in any action that interferes with the efficiency or integrity of the criminal justice system. Participation in plea negotiations is not construed as a compromise. e. Employees shall not discuss the Department’s operations and confidential business with anyone outside the Department, without prior permission from a supervisor. f. Employees shall not divulge the name of any person giving information or making a complaint to anyone outside the Department. g. Employees shall give authorized and proper information to persons requesting it in a courteous and accurate manner, avoiding unnecessary conversation and controversy. h. The Department at all times shall abide by the confidentiality and public record provisions of the Florida Statutes. 11. CONDUCT UNBECOMING: a. Employees shall conduct themselves on-and off-duty in a manner that does not cast doubt on their integrity, honesty, judgement, or character. b. Employees shall not engage in misconduct, neglect their duty, or participate in acts that would tend to discredit the Department, although such conduct is not specifically set forth in these rules. c. Employees shall not engage in any conduct that constitutes neglect of duty or is likely to affect the discipline, good order, or reputation of the Department adversely, including, but not limited to, conduct prohibited by this departmental standards directive. 12. CONFLICT OF INTEREST: a. Public trust requires that employees avoid situations that lead to an actual or perceived conflict between his/her professional responsibilities and his/her relationships with other employees. b. The greatest potential for conflict between employees arises from an offduty social relationship or an outside business interest, either of which could lead to a personal or financial interest that conflict with a duty-related responsibility. c. The avoidance of an actual or potential conflict involving supervisors and training officers, and subordinates within the same chain of command, is particularly acute. d. The supervisor’s authority over a subordinate is a responsibility entrusted to the supervisor by the chief of police. Effective: May 1, 1982 Revised: September 16, 2021 Conduct of Personnel Directive No. 26.100 Page 5 of 23 e. Trust makes the supervisor an extension of the chief of police and demands that every decision that the supervisor makes is objective, fair, and devoid of any personal favoritism. f. If a supervisor enters a personal or business relationship with a subordinate, the motive for decisions made by that supervisor relative to the subordinate may become suspect and compromise the integrity of those involved. A personal or business relationship between a supervisor and subordinate could lead to a disrupted work environment, reduced productivity and a decline in morale. g. If a conflict develops between employees, the involved employees shall immediately notify his/her supervisor. i. The notification can be in person, or through the chain of command. ii. It is the responsibility of the supervisor to take appropriate action to eliminate the conflict, regardless of how he/she becomes aware of the conflict. iii. When resolving the conflict of interest, the supervisor shall keep the best interest of both the employee and the Department in mind. h. To avoid conflict of interest situations, employees are not permitted to work within the chain of command of a relative or significant other, such that the employees working conditions could be influenced by the other. Working conditions include but are not limited to work responsibilities, performance evaluation, complaints, grievances, salary, and/or career progression. i. For the purposes of this written directive, “relatives” are defined as individuals who are related by blood or marriage to the employee, including but not limited to, spouse, domestic partner, child, parent, sibling, grandparent, grandchild, aunt, uncle, cousin, or corresponding inlaw or “step” relation. ii. In the same regard, a “significant other” is defined as an intimate personal relationship with a co-worker (such as but not limited to dating). 13. CONTRACTUAL AGREEMENTS: a. No employee shall sign, enter into, commit to, or approve any contract, agreement, or any other document in an official capacity and/or on behalf of the City or Department without the approval of the chief of police or his/her designee. Effective: May 1, 1982 Revised: September 16, 2021 Conduct of Personnel Directive No. 26.100 Page 6 of 23 14. COURTESY: a. Employees shall be courteous to the public, supervisors, subordinates, and associates in person, in writing and by telephone, and shall control his/her tempers and exercise patience and discretion at all times. b. No employee shall engage in argumentative discussions or rudeness, even in the face of extreme provocation. c. In the performance of his/her duties, employees shall not use coarse language, gestures, or rudeness, and shall not express any prejudice concerning race, religion, politics, national origin, lifestyle, or similar personal characteristics. 15. COURTROOM/DEPOSITION DEMEANOR: a. Employees shall be attentive and respectful during court proceedings. b. When presenting testimony, employees shall speak clearly, calmly, and in a voice the court and jury can hear easily. c. Employees shall testify truthfully. d. When cross-examined, employees shall remain objective and respond with the same civility as when testifying on direct examination. 16. DEBTS: a. Employees shall pay all just debts and meet all other obligations undertaken by them. 17. DISSIDENT GROUPS: a. Employees shall not, except in the line of duty, knowingly associate with any persons or organizations that advocate or foster hatred, oppression, discrimination, or persecution of any person or group. 18. DIVULGING CRIMINAL RECORDS INFORMATION: a. The contents of a criminal history or arrest record shall be divulged only to authorized individuals, see Departmental Standards Directive 81.205 Criminal Justice Information Systems Security for procedures. 19. DUTIES AND RESPONSIBILITIES: a. Employees shall not be incompetent, inefficient, careless, or negligent in the performance of his/her duties and responsibilities. b. Employees shall not perform his/her duties and responsibilities in a manner which is contrary to his/her training or any written directives. c. Effective: May 1, 1982 Revised: September 16, 2021 Response to Calls: Conduct of Personnel Directive No. 26.100 Page 7 of 23 i. Employees shall, at the completion of the call or assignment, notify the public safety dispatcher of his/her status in order to make themselves available for further service. ii. See Departmental Standards Directive 41.230 Response to Calls for Service and Departmental Standards Directive 41.100 Patrol for more information regarding response to calls. d. Reporting Incidents: i. Any employee observing a police emergency or having it reported to him/her shall immediately report the incident to Communications Section employees so that an Event Report can be generated, and a response initiated. e. Knowledge of Laws & Rules: i. Employees shall study and thoroughly understand written directives City ordinances, and State statutes that he/she are charged to enforce. ii. Employees shall obtain clarification in the interpretation of any document or information that he/she does not clearly understand. iii. Employees shall be well informed concerning all written directives, ordinances, and laws governing his/her specific assignments. 20. EMPLOYEES AND OTHER AGENCY RELATIONSHIPS: a. Employees shall treat supervisors, subordinates, and associates with respect, courtesy, and civility. b. Employees shall address or refer to supervisors by rank or title when on duty, particularly in the presence of others. c. Insubordination, in any form, may result in disciplinary action. Insubordination shall include, but not be limited to, any failure or deliberate refusal to obey a lawful verbal or written order. 2.03 d. Employees shall not direct any disrespectful, insolent, or abusive language or actions toward other employees. e. Employees shall take appropriate action to aid employees or members of another police agency who are exposed to impending danger. f. Employees shall cooperate in inter and intra-Departmental activities to achieve effective law enforcement. g. Employees shall cooperate with all law enforcement agencies, other City departments and public service organizations, and give aid and information to organizations that may be entitled, consistent with Department procedures. Effective: May 1, 1982 Revised: September 16, 2021 Conduct of Personnel Directive No. 26.100 Page 8 of 23 h. Employees of the Department shall assist in the enforcement of all ordinances of the City of Boca Raton in cooperation with Code Enforcement officers. i. Employees shall give aid and information to organizations and may be so entitled, consistent with Department policies and procedures, and the Third Agency Rule. 21. EMPLOYEE SUGGESTIONS: a. Employees may forward suggestions for the improvement of the operations or image of the Department to the chief of police through the chain of command or to the Human Resources Department at City Hall in accordance with the Employee Suggestion Program for the City of Boca Raton. b. The chief of police or his/her designee will review the suggestions submitted to the Suggestion Box on the Police Department Intranet site. c. The originator of the suggestion will receive acknowledgement of receipt and be notified of the results in a timely manner. Note: These suggestions are not anonymous. 22. EXCESSIVE FORCE: a. The Department forbids any employee to use unnecessary, excessive or brutal force. Any employee who uses excessive force shall be subject to disciplinary action(s). For proper response to resistance options, refer to Departmental Standards Directive 01.300 Response to Resistance. 23. FIXING TRAFFIC CITATIONS: a. No employee of this Department shall cancel, destroy, alter, change, "fix", or attempt to "fix" any traffic citation. b. In cases where a traffic citation was unlawfully issued or issued in error, the employee shall notify his/her supervisor before any attempt to dismiss the citation occurs. c. No employee of this Department shall attempt to have any criminal charge or traffic citation reduced, altered, or stricken from the appropriate court documents. d. Should a violator request that the issuing employee void a citation, the employee's supervisor shall advise the violator that he/she has the right to contest the citation to the appropriate court official. 24. FORWARDING OFFICIAL COMMUNICATIONS: a. In the event an employee receives an official communication directed to another person, the employee shall forward the communication immediately to that person. Effective: May 1, 1982 Revised: September 16, 2021 Conduct of Personnel Directive No. 26.100 Page 9 of 23 b. A supervisor who receives a written communication that is directed to a higher authority shall initial, date and indicate his/her approval, disapproval, or notation as to acknowledgment of the communication’s content, or forward it to the next person concerned if the supervisor is unable to satisfy the communication at his/her level. 25. LOITERING: a. Employees shall not enter taverns, theaters, or other public places while on duty, except to perform assigned tasks b. 26. Employees shall not loiter in Department areas. GAMBLING: a. No employee shall engage in any form of illegal gambling at any time, except as required in the course of official duties while acting under proper and specific orders from a supervisor. 27. ACCEPTANCE OF GIFTS GRATUITIES, FEES, LOANS, ETC: a. Employees shall not accept, directly or indirectly, any gift, gratuity, loan, fee, or any other item of value that arises from, or is offered as a result of Department employment. b. Employees shall not accept any gift, loan, fee or any other thing of value; acceptance might tend to influence the actions of the employee regarding Department business, or might tend to cast an adverse reflection on the Department. c. Employees shall not accept any gift, gratuity, reward, or other consideration for services rendered in the line of duty, except lawful salary and that authorized by law. d. Employees shall not solicit nor accept free admission to theaters or other places of amusement or recreation, except as sanctioned by the chief of police. 28. INTOXICANTS/DRUG USE: a. No employee shall be on duty while under the influence of intoxicants or drugs. b. All employees shall report for duty free from influence and/or odor of intoxicants or drugs. c. Employees shall not drink intoxicating beverages when off-duty to an extent that impairs his/her faculty(s) for his/her next scheduled tour of duty. Effective: May 1, 1982 Revised: September 16, 2021 Conduct of Personnel Directive No. 26.100 Page 10 of 23 d. Employees shall not consume any intoxicants for eight (8) hours before reporting for duty. e. Should the nature of an assignment require an employee to consume intoxicants, consumption shall be restricted to prevent intoxication. f. Employees shall not purchase or consume any intoxicants while in uniform, while working, or while on meal break. g. Employees shall not take or consume any prescription drug, narcotic, or controlled substance not specifically prescribed for him/her by a licensed medical practitioner. h. Employees shall advise his/her supervisor of any medications that might impair his/her work performance. i. Should a prescription drug that the employee is taking have a side effect detrimental to the employee’s safe performance of his/her duty, the employee shall immediately notify his/her supervisor. j. Employees suspected of either consuming an alcoholic beverage while on-duty, having consumed an excessive amount prior to reporting for duty, or having taken any drug that renders his/her faculty(s) impaired may be asked to submit to a breath test or other accepted test to confirm or dispel said suspicion. k. Refusal to submit to alcohol or drug testing may be grounds for disciplinary action. 29. INTOXICANTS ON DEPARTMENT PREMISES: a. Employees shall not bring or retain any intoxicants on Department premises or in City vehicles, except when required by the performance of assigned tasks. b. Employees shall properly identify and store all intoxicants in accordance with current procedures. 30. INTRA-DEPARTMENT INVESTIGATIONS: a. Employees shall answer or render material and relevant statements to the designated Department authority when so directed. b. Employees shall answer all questions honestly, completely, and to the best of his/her ability. c. No employee shall interfere in any manner with an intra-departmental investigation. Effective: May 1, 1982 Revised: September 16, 2021 Conduct of Personnel Directive No. 26.100 Page 11 of 23 d. Except as authorized or required, employees shall not contact persons involved in an intra-departmental investigation. e. Nothing in this policy shall be construed to require an employee to waive any statutory or constitutional rights. f. See Departmental Standards Directive 52.100 Complaint Investigations for additional information. 31. LABOR UNIONS: a. Federal and State Statutes and City Ordinances concerning affiliation with labor unions shall govern employees. 32. LAWS AND ORDINANCES: a. The failure on the part of any employee to act on violations of statutes, laws, ordinances, or written directives coming to his/her attention, or about which he/she has knowledge, shall be made the subject of disciplinary action against that employee. b. All employees of the Department are equally responsible for the enforcement of all laws, ordinances, and written directives. c. The delegation of the enforcement of certain laws and ordinances to a particular division of the Department does not relieve employees of other divisions from taking prompt police action for violations coming to his/her attention. 33. LEGAL PROCESS: a. In the course of his/her duties, employees shall not suggest, recommend, advise, or otherwise influence or counsel the retention of any specific attorney or bail bondsman to any person. b. Employees shall not become surety, guarantor, or furnish bail for any person in custody, except for members of his/her immediate family. c. No Department employee shall accept surety bonds or cash bonds under any circumstances. d. Law enforcement officers (LEOs) shall observe proper detainee handling procedures as specified in Departmental Standards Directive 71.100 Detainee Transportation and Standard Operating Procedure 71.01 Detainee Processing and shall not aid or allow a detainee to escape through carelessness or neglect. Effective: May 1, 1982 Revised: September 16, 2021 Conduct of Personnel Directive No. 26.100 Page 12 of 23 34. DEPARTMENT VOICEMAIL AND TELEPHONE MESSAGES: a. All employees assigned a voicemail extension shall check for messages and return calls, as appropriate, at least once during every work shift. b. LEOs shall review his/her phone messages and return calls, as appropriate, at least once during every work shift. 35. MAINTENANCE AND CLEANLINESS: a. Employees shall maintain working areas and personal lockers in a clean and organized state. b. Employees, while employed by the City, shall have no expectation of privacy regarding inspections to either his/her assigned lockers or City and/or personal vehicles. See Section 52, Searches. 36. MISREPRESENTATION OR FALSIFICATION: a. Employees shall not willfully misrepresent or falsify any matter, verbally or in writing. 37. OBEYING ORDERS: a. All employees shall perform his/her duties and obey orders by a supervisor or other governing authority, as permitted by law or written directive. b. Specialized assignments do not relieve employees from the responsibility of taking prompt, effective action within the scope of the law or his/her duties when the occasion so requires, providing such actions do not directly conflict with the assignment being performed. c. Employees shall read, understand and comply with all City Rules and Regulations, written directives, and the written and verbal orders of a supervisor. d. The Department shall consider an employee’s failure to ask a supervisor any question as to the meaning or application of any law, Rule or Regulation, written directive, written or verbal order, until the question is clarified and understood by the employee as “neglect of duty”. e. Responsibility for refusal to obey an order rests with the employee and he/she shall be strictly required to justify his/her actions. Certain orders may legally be more restrictive than law, but shall not conflict with such law. f. Employees receiving a perceived unlawful order shall report the facts of the incident, in writing, to the chief of police through the chain of command. Employees shall not follow unlawful orders or those orders that he/she reasonably believe to be unlawful. The employee shall be responsible to document his/her reasons for not obeying an order of a supervisor. 2.04 Effective: May 1, 1982 Revised: September 16, 2021 Conduct of Personnel Directive No. 26.100 Page 13 of 23 g. Employees receiving a conflicting order shall notify the supervisor who issued the order of the conflict. The employee shall follow the most recently issued order unless told otherwise. 2.04 38. OFFICE HOURS: a. Normal office hours at the Department shall be from 8:00 a.m. to 5:00 p.m., Monday through Friday. b. An employee's scheduled working hours may vary from normal business hours at the discretion of the division commander. 39. ORGANIZING CLUBS, SOCIETIES, ETC: a. It shall be the duty of every employee of the Department to promptly inform the chief of police whenever the employee has knowledge of the organizing or attempt to organize any association, society, club, or meeting within the Department without the knowledge of the chief of police. b. Failure of any employee having such knowledge to forward it or give such information promptly to the chief of police shall subject the employee to disciplinary action. 40. POLITICAL MEMBERSHIP: 7.08 a. Nothing contained herein shall be construed to affect the right of an employee to hold membership in, or to support, a political party, provided attendance or activities are not construed as representative of Department views. 41. HARMFUL DISCUSSIONS: a. Employees shall refrain from any discussion that is harmful to interpersonal relationships and/or are inconsistent with the Department’s written directives against harassment or the accommodation of diverse opinions, beliefs, values and goals. 42. PRACTICAL JOKES: a. No employee shall, while on duty or off duty, participate in any practical jokes, skits or activity pertaining directly or indirectly to police duties or police functions, or activities that would show disrespect for the police uniform or the Department in any manner. 43. PROHIBITED ACTIVITY: a. Employees shall not engage in activities during duty hours, as follow: i. Effective: May 1, 1982 Revised: September 16, 2021 Sleeping, unless authorized. Conduct of Personnel Directive No. 26.100 Page 14 of 23 ii. Recreational reading, except at meals and in such a manner as not to discredit the employee’s professional image. iii. Private business or personal transactions. iv. Carrying or wearing articles of clothing, which distract from the proper performance of duty or professional image. 44. DEPARTMENT PROPERTY: a. Use and Care of Department Property: i. Employees shall use care in handling Department equipment and property. ii. Employees shall report damage, hazardous conditions, or defects to any Department property or equipment to his/her immediate supervisor. iii. Employees shall observe strict economy in the use of fuel and lights. iv. Employees shall neither waste nor destroy City property. v. Employees shall maintain workspaces, lockers, and vehicles in a neat, clean, and orderly fashion, and shall clean his/her immediate work area at the end of each tour of duty. b. Loss or Damage of Equipment: i. Any employee who willfully or negligently loses, damages, or destroys Department property, shall pay the cost of repair or replacement. ii. Employees shall submit a loss/damage report to his/her supervisor as soon as possible after the damage or loss occurs, or as soon as he/she discover the damage and before the end of his/her shift. Employees shall immediately file the report with all known facts surrounding the cause and nature of the damage. c. Removing Furnishings: i. Office furniture, files, fixtures, furnishings, and equipment that have been assigned to specific divisions and bureaus shall not be moved or transferred without the knowledge and consent of a division commander. d. Effective: May 1, 1982 Revised: September 16, 2021 Department Keys: Conduct of Personnel Directive No. 26.100 Page 15 of 23 i. A Department employee who loses or misplaces a Department key shall report the loss to his/her supervisor. ii. Employees shall not make or cause to be made any duplicates of Department keys except with the express written permission of the chief of police. e. Surrender of Property and Equipment: i. Employees shall immediately surrender all property and equipment in good condition to his/her supervisor before any extended leave of absence, dismissal, suspension, resignation, or any extended time that he/she leave the Department. f. Purchasing Supplies: i. No employee shall personally purchase or order anything in the name of the Department unless authorized by the bureau commander or immediate supervisor. ii. g. The appointed employee shall handle all purchasing of supplies. Property: i. Abandoned, found, and safekeeping property and evidence received by employees, shall not be used, converted, copied, etc., for personal use. 45. PUBLIC ACTIVITIES: a. Employees shall not permit his/her names or photographs to be used for commercial endorsement if he/she are identified as employees of the Department without the written permission of the chief of police. b. Employees shall not use his/her official position to seek personal publicity through the news media. c. Employees shall not use his/her official position as a personal/professional reference for another without the permission of the chief of police. d. Employees shall obtain permission from the chief of police to attend conventions, fill speaking engagements, or publish articles as official representatives of the Department. e. Employees shall not participate in the solicitation, collection, or subsequent distribution of any kind of items, pamphlets, monies, literature, etc., unless so authorized by the chief of police. Effective: May 1, 1982 Revised: September 16, 2021 Conduct of Personnel Directive No. 26.100 Page 16 of 23 f. Employees may be members of established civic, fraternal or social organizations or societies, and may work through such organizations for the betterment of the public welfare. g. Employees may also be members of the bargaining organization officially recognized by the City as representing Department employees. h. State and federal law shall guide employees insofar as his/her involvement in political activities is concerned. 7.08 i. No employee shall use his/her official position with the Department for political purposes. The use of one’s official position for a non-duty related involvement in an election is prohibited. 7.08 j. Nothing in this section should be construed to prohibit an employee of the Department as a private citizen from the following: i. Exercising the right to vote ii. Casting a vote or expressing one’s opinion when off-duty iii. Being delegates to, or members of, a political caucus iv. Taking part in a political canvas k. No employee shall seek the influence or intervention of any person outside the Department for the purpose of personal advantage, transfer, or advancement. l. Employees shall not be affiliated with any organization if the affiliation interferes with the performance of his/her duties. m. This section shall not apply to public employee labor organization activities permitted by law. 46. PUBLIC CONDUCT: a. Employees shall give his/her name and identification number on request, unless extenuating circumstances dictate otherwise. This shall include interactions over the telephone. b. Employees shall avoid the appearance of taking sides in disputes by endeavoring to restore calm and attempting to resolve differences. c. Employees shall be receptive to citizens seeking advice, guidance, or assistance. d. An employee’s contact with the public shall foster a favorable attitude toward the Department. Effective: May 1, 1982 Revised: September 16, 2021 Conduct of Personnel Directive No. 26.100 Page 17 of 23 e. Employees shall be courteous in his/her dealings with the public, avoiding harsh, violent, profane, derogatory or insolent language or manner, and shall maintain objective attitudes regardless of provocation. f. Employees shall not act in a manner that exhibits bias, prejudice, or discrimination. 47. REPORTING EMPLOYEE MISCONDUCT: a. Employees who have information concerning illegal actions, malfeasance, misfeasance, nonfeasance, or unprofessional conduct by another employee shall report it to his/her immediate supervisor. 48. QUESTIONS REGARDING ASSIGNMENT: a. Employees in doubt as to the nature or details of an assignment shall seek clarification from supervisors by using the chain of command. 49. RECOGNIZING DETECTIVES: a. Employees shall protect the identity of LEOs engaged in covert operations and shall not intentionally expose the identity or occupation of any LEO engaged in covert operations. b. Employees shall not approach or give any other sign of recognition to a detective unless the detective first extends recognition. c. The intent of this rule is to prevent jeopardy or compromise to any investigation in which the detective might be engaged. 50. RECOMMENDING PROFESSIONAL SERVICES: a. Employees shall not suggest, recommend, or otherwise promote the services of any attorney, bail bondsman, towing agency, physician, or other service to any person with whom he/she have contact because of Department business. 51. REPORTING TO SUPERVISORS: a. Employees shall advise his/her supervisors of any unusual activity, situation, or problem about which the Department would logically be concerned. b. Employees shall notify a supervisor any time that he/she is involved in an investigation conducted by another law enforcement agency. The notification shall include the agency investigating, case number, and a description of the allegations. Effective: May 1, 1982 Revised: September 16, 2021 Conduct of Personnel Directive No. 26.100 Page 18 of 23 52. SEARCHES: a. Work areas, lockers, and vehicles are subject to routine and random searches as defined in the City’s Personnel Rules and Regulations and Departmental Standards Directive 26.100 Employee Conduct by supervisors, Department staff, or Professional Standards Bureau personnel. 53. SMOKING: a. LEOs bound by the collective bargaining agreement (CBA) shall abide by the agreement’s article related to the use of tobacco products. b. duty. 54. All employees shall abstain from the use of tobacco products while on SOLICITING INFLUENCE: a. Employees shall not solicit the aid of any individual group outside the Department for assistance in procurement of transfer, duty assignment, or promotion. 55. STANDARD OF CONDUCT: a. Employees shall conduct his/her private and professional lives in manner that avoids an adverse reflection on the employee or the Department. 56. SUBVERSIVE ORGANIZATIONS: a. Employees shall not join, nor be a member of, any organization or society whose purpose is to overthrow, or interfere with, the established government, by force or illegal means. b. Employees shall not join, or be a member of, any organization or society, whose objective is either directly or indirectly to interfere with the administration, discipline and/or control of employees of the Department. 57. TRUTHFULNESS: a. Employees are required to speak the truth at all times and under all circumstances, whether under oath or otherwise, except in cases where he/she are not allowed by rules and duties to divulge the facts within his/her knowledge, in which case they shall say nothing. 58. UNLAWFUL CONDUCT: a. Employees shall not commit any act or crime that is defined by Florida statutes or Federal law as a misdemeanor or felony, or which constitutes a municipal ordinance violation, whether chargeable or not. Effective: May 1, 1982 Revised: September 16, 2021 Conduct of Personnel Directive No. 26.100 Page 19 of 23 b. Any behavior or act that brings discredit to the Department, or otherwise impairs its operation or efficiency and/or is likely to impair the ability of the employee to perform assigned duties as determined by the chief of police, is strictly prohibited. c. Disciplinary measures resulting from unlawful conduct may be imposed independently of, and concurrent with, civil and criminal prosecutions. 59. USE OF OFFICIAL POSITION FOR COMMERCIAL PURPOSES: a. Unless approved by the chief of police, no employee shall officially endorse or subscribe to any testimony or advertisement of any commodity or commercial enterprise, nor authorize the use of his/her title, rank, Department affiliation, or photograph. 60. UNAUTHORIZED TRANSACTIONS: a. Employees shall not engage in business transactions with suspects, defendants, or prisoners, except as authorized by the chief of police. 61. WORK STOPPAGES/STRIKES: a. Employees shall not strike or participate in any form of concerted work stoppage. b. LEOs bound by the CBA shall abide by the agreement’s article related to work stoppages/strikes. 62. PERSONAL COMMUNICATIONS: a. Personal communications on cellular telephones or other wireless communication devices while on duty shall be brief in nature, and conducted out of the view of the public, unless exigent circumstances exist. 63. NOTARY PUBLIC LICENSES: a. Department employees licensed as notaries public, at the expense of the City of Boca Raton, will not under any circumstances charge a notary fee. b. Department employees who have purchased a notary public license at his/her own expense will not charge a notary fee when notarizing a document within the confines of the police building or when on duty. c. Law enforcement officers while on duty can only notarize documents that are official Department business. See FSS 117.10. Effective: May 1, 1982 Revised: September 16, 2021 Conduct of Personnel Directive No. 26.100 Page 20 of 23 64. COWARDICE: a. LEOs shall not shrink from danger, responsibility, or duty, or otherwise act in a cowardly manner. 65. DISMISSAL OF CHARGES: a. LEOs shall not dismiss the charges against an arrested person unless there is sufficient evidence, and then only with the knowledge and consent of a supervisor of the Division responsible for the arrest. b. LEOs have no authority to dismiss charges once filed, but have discretionary authority concerning misdemeanor charges before filing. c. LEOs may release persons detained for a felony offense pending further investigation with the knowledge and consent of an immediate supervisor, if probable cause is lacking. d. A LEO shall consult with the legal advisor or a supervisor before seeking to have charges dismissed. 66. PROMPT ACTION REQUIRED: a. LEOs shall act promptly, with energy, firmness, and decisiveness at the scenes of crimes, disorders, accidents, or other situations, disasters, or incidents that require police attention, as well as in dealing with suspects and in completing his/her assignments. 67. LEOS TO BE DECISIVE: a. LEOs shall not give evidence of indecision or lack of confidence by his/her actions, facial expressions, words, or tone of voice. 68. INTERFERE WITH PRIVATE BUSINESS: a. Employees shall be particularly careful not to interfere in the private business of any person or threaten a law-abiding citizen in a legitimate business. 69. ACTION ON CALLS OUTSIDE THE CITY: a. LEOs shall not act in any criminal cases arising outside the City of Boca Raton or any case reported to them, without the approval of his/her supervisor. b. LEOs shall not go outside the City of Boca Raton except when in fresh pursuit, and when the Department receives an urgent request for assistance from an outside authority, with approval of either the chief of police or his/her designee. Effective: May 1, 1982 Revised: September 16, 2021 Conduct of Personnel Directive No. 26.100 Page 21 of 23 70. FAMILIARITY WITH AREA: a. Employees shall know the names and general location of the streets, hospitals, public buildings, government agencies, and important business establishments and associations in the City. 71. IDENTIFICATION CARDS: a. When off-duty and carrying a firearm, all LEOs shall carry his/her official Department identification cards on his/her person. b. LEOs assigned to plainclothes duty shall carry both the ID card and his/her badge if carrying such items does not endanger his/her mission. 72. JURISDICTION: a. LEOs shall not participate in any criminal cases arising outside the City limits without the approval of his/her supervisor. b. LEOs shall not go beyond the City limits while on-duty, except in fresh pursuit of violators of criminal law or traffic infractions, or when authorized or directed by supervisor. c. LEOs shall not issue traffic citations or make traffic stops outside the City limits when off-duty, traveling to or from work, or not properly equipped to act. 73. OFF-DUTY OUT OF JURISDICTION ARRESTS: a. Off-duty LEOs have the same police authority within the jurisdiction of employment as on-duty LEOs. b. Any action taken outside of that jurisdiction is that of a private citizen. c. LEOs shall contact the appropriate law enforcement agency as soon as practical. d. Should an off-duty LEO become aware of an incident that requires police action but life or property is not endangered, he/she shall report the incident to the appropriate law enforcement agency for action. 74. OFF-DUTY IN-JURISDICTION ARRESTS: a. Off-duty LEOs shall act in his/her official capacity if he/she become aware of an incident within his/her jurisdiction that requires police action to safeguard life or property. b. While off-duty, a LEO who takes police action in response to a violation of law shall be considered to be on on-duty status. Effective: May 1, 1982 Revised: September 16, 2021 Conduct of Personnel Directive No. 26.100 Page 22 of 23 c. Refer to Departmental Standards Directive 01.300 Response to Resistance for information regarding the carrying of firearms when off-duty. 75. LEO SURRENDERING WEAPON: a. An LEO shall never surrender his/her firearm unless directed by a supervisory officer. Approved: Michele Miuccio Chief of Police Effective: May 1, 1982 Revised: September 16, 2021 Date: Conduct of Personnel Directive No. 26.100 Page 23 of 23