West Palm Beach Police Department Rules & Regulations PDF

WEST PALM BEACH POLICE DEPARTMENT RULES AND REGULATIONS Revised: February 20, 2024 1. COMMAND AND SUPERVISORY RESPONSIBILITIES AND AUTHORITY:...

WEST PALM BEACH POLICE DEPARTMENT RULES AND REGULATIONS Revised: February 20, 2024 1. COMMAND AND SUPERVISORY RESPONSIBILITIES AND AUTHORITY: 1-1 CHIEF OF POLICE - AUTHORITY AND RESPONSIBILITIES 1-1a Authority: The Chief of Police is the Chief Executive Officer of the Department and the final Department authority in all matters of policy, operations, and discipline. He or she exercises all lawful powers of his or her office and issues such lawful orders as are necessary to assure the effective performance of the Department. 1-1b Responsibilities: Through the Chief of Police, the Department is responsible for the enforcement of all laws and ordinances coming within its legal jurisdiction. He or she is responsible for planning, directing, coordinating, controlling, and staffing all activities of the Department and the continued efficient operation for the enforcement of rules and regulations within the Department. The Chief of Police completes, and forwards reports as may be required by a competent authority and for the Departments relations with the citizens, the city government, and other agencies. 1-1c Inspections: The Chief of Police or the Staff Inspections Unit may call for full dress inspections of the Department or any part thereof. Members directed to attend such inspections will report in the uniform prescribed, carrying the equipment specified. Unauthorized absence from such inspection is chargeable as absence without leave. 1-2 COMMANDING OFFICERS - AUTHORITY AND RESPONSIBILITIES Subject to direction from higher authority, a commanding officer will be any competent authority who is the head of his or her division or equivalent who has direct control over all members under his or her command. He or she must provide for the continuation of command and/or supervision in his or her absence. (SOP I- 2) 1-3 SHIFT COMMANDER - AUTHORITY AND RESPONSIBILITIES The shift commander, during his or her tour of duty, exercises the same authority and has the same responsibilities as his or her superior. In the absence of the shift commander, the senior highest-ranking member available on shift duty is in charge unless otherwise designated. In addition to the general and individual responsibilities of all members, the shift commander is specifically responsible for the following: 1-3a Good Order: The general good order of his or her command during his or her tour of duty, to include proper discipline, conduct, welfare, field training, and efficiency, Original issue: 1977 Rules and Regulations Revised: February 20, 2024, Page 1 of 20  1-3b Roll Call: Conduct prescribed roll calls, communicate all orders or other information at roll call, and inspect and correct his or her subordinates as necessary, 1-3c Reporting: Reporting as required by an appropriate supervisor, 1-3d Personnel Complaints/ Control of Persons/ Injured Persons: Conduct inquiry all Personnel Complaints, Control of Persons, and Injured Persons against members under his or her command in accordance with the Collective Bargaining Agreement, Department Directives and Rules and Regulations, and (Policy IV-22) 1-3e Sector Assignments: The shift commander has the authority to assign his/her personnel to a sector which best meets the needs of the Department in accordance with applicable contract(s). 1-4 SUPERVISORY OFFICERS - AUTHORITY AND RESPONSIBILITIES Supervisors are members appointed in charge of one or more members, permanent or temporary, sworn, or civilian. 1-4a Leadership: Effective supervision demands leadership. Provision of leadership will include on the job training as needed for efficient operation and coordination of effort when more than one member is involved. 1-4b Supervision: A supervisor may be assigned to field or office duties. During his or her tour of duty, he or she must closely supervise the activities of his or her subordinates, making corrections where necessary and commending where appropriate. 1-4c Direction: Supervisors must exercise direct command in a manner that ensures the good order, conduct, discipline, and efficiency of subordinates. Exercise of command may extend to subordinates outside his or her usual scope of supervision if the police objective or reputation of the Department requires it, or if no other provision is made for personnel temporarily unsupervised. This authority will not be exercised unnecessarily. If a supervisor requires a subordinate other than his or her own to leave a regular assignment, that supervisor will inform the subordinate’s own supervisor as soon as possible. (SOP I-2) 1-4d Assisting Subordinates: A supervisor will have a working knowledge of the duties and responsibilities of his or her subordinates. He or she will observe contacts made with the public by his or her subordinates and be available for assistance or instruction as may be required. A field supervisor will respond to calls of serious emergencies, felonies in progress, assaults and others unless actively engaged in another police incident. He or she will observe the conduct of assigned personnel and take active charge when necessary. (Policy III-18) 1-4e Inspections: A supervisor will conduct daily inspections to ensure subordinates are properly uniformed and prepared for duty. 2. PROFESSIONAL CONDUCT AND RESPONSIBILITIES 2-1 STANDARD OF CONDUCT Members will not engage in conduct on or off-duty which adversely affects the morale or efficiency of the Department or engage in conduct on or off-duty which may destroy public respect for the member and/or the Department and/or destroy confidence in the operation of the municipal service. (Policy I-9) 2-1 a Members shall avoid regular, continuous associations or dealings with any person whom: Original issue: 1977 Rules and Regulations Revised: February 20, 2024, Page 2 of 20  A. The member knows or should have known is under criminal investigation or indictment, and/or B. Has a reputation in the community or the Department for past or present criminal involvement. C. Exceptions shall exist to this regulation when necessary to perform official duties or when an immediate family relationship exists between the member and the subject, with knowledge and the approval of the Chief of Police. 2-2 LOYALTY Members will maintain a loyalty to the Department and their associates as is consistent with the law, Department policies and procedures, rules and regulations. 2-3 COOPERATION All members are strictly charged with establishing and maintaining a high spirit of cooperation within the Department, with other governmental entities, and the community. 2-4 ASSISTANCE All sworn members are required to take prompt police action toward aiding a fellow officer exposed to danger or in a situation where danger might be impending. 2-5 GENERAL RESPONSIBILITIES Within the City, sworn members will take appropriate action to: A. Protect life and property. B. Preserve the peace. C. Prevent crime. D. Detect and arrest violators of the law. E. Enforce all state and local laws and ordinances coming within Department jurisdiction. 2-6 DUTY RESPONSIBILITIES Members will, at all times regardless of assignment, promptly respond to the lawful orders of a supervisor or other proper authority and to calls for police assistance from citizens. Sworn members assigned to special duties are not relieved from taking proper action outside the scope of their specialized assignment. Sworn members, after completing a police call for service, will promptly return to active-duty status. All members, sworn and civilian, will perform their duties as required or directed by law; Department rule, policy or order; or by order of a supervisor. 2-7 OFF-DUTY RESPONSIBILITIES While off-duty and within the City limits of West Palm Beach, sworn members will take appropriate Law Enforcement action when a felony or a serious misdemeanor occurs in their presence, or an incident occurs in their presence that is life threatening or presents a danger of injury to someone. Except when impractical or unfeasible, or where the identity is obvious, officers will identify themselves by displaying the official badge or identification card before taking police action. Sworn members will be in an on-duty status when they take such law enforcement action while off-duty. Original issue: 1977 Rules and Regulations Revised: February 20, 2024, Page 3 of 20 When any member is identified as a Police Officer while off-duty by someone seeking assistance within the City limits of West Palm Beach, he or she will provide the person with the proper information on how to obtain the assistance requested. When an off-duty member becomes involved with another law enforcement agency as a victim or witness in any investigation of any violation of law, excluding non- criminal traffic infractions, the member will notify the on-duty shift commander at the earliest time possible during or immediately after the contact. The on-duty shift commander will notify the Internal Affairs Unit, when necessary. If the member becomes involved with another law enforcement agency during any investigation as a detainee, suspect, or arrestee, the on-duty shift commander will be notified immediately during the contact with the other law enforcement agency. The shift commander will respond to the scene, where practical. The shift commander will notify the Internal Affairs Unit. 2-8 ADDRESSES AND TELEPHONE NUMBERS Immediately upon being hired, members will record their correct residence addresses and telephone numbers with the Staff Services Section. Changes in address or telephone number will be reported within 24 hours to the members supervisor. The supervisor is responsible for ensuring changes are made in the current software program. Members are required to have telephone and/or mobile service. 2-9 QUESTIONS REGARDING ASSIGNMENT Members in doubt as to the nature or detail of their assignment will seek information and direction from their supervisors. 2-10 KNOWLEDGE OF LAWS AND DIRECTIVES Every member is required to establish and maintain a working knowledge of all laws and ordinances in force in the City, the rules and written directives of the Department, and the orders of the Chief of Police. In the event of improper action or breach of discipline, it will be presumed that the member was familiar with the law, rule, procedure, or policy in question. 2-11 OBEDIENCE TO LAWS AND DIRECTIVES Members will observe and obey all federal and state laws, municipal ordinances, written directives, policies and procedures, rules and regulations of the Department. 2-12 INSUBORDINATION Insubordination will include, but not be limited to, any failure or deliberate refusal by a member to obey a lawful order given by a supervisor or any disrespectful, mutinous, insolent, or abusive language or action by a member toward a supervisor, whether in or out of the presence of the supervisor. (SOP I-9) 2-13 REPORTING VIOLATIONS OF LAWS, ORDINANCES, RULES OR ORDERS Members knowing of other members disobeying orders or violating laws, ordinances, or written directives and/or rules of the Department, will report the same in writing to the Chief of Police via the appropriate supervisor. (Policy IV-22) 2-14 MANNER OF ISSUING ORDERS Original issue: 1977 Rules and Regulations Revised: February 20, 2024, Page 4 of 20 Orders from superior to subordinate will be made in clear and understandable language, civil tone and issued in pursuit of Department business. 2-15 OBEDIENCE TO ORDERS Each member will obey all lawful orders of a superior, including those relayed through an employee of equal or less rank. The term lawful order will be construed as any order in keeping with the performance of any duty prescribed by law or by these rules and regulations or for the preservation of good order, efficiency and proper discipline which is not in conflict with these rules and regulations. 2-16 UNLAWFUL OR IMPROPER ORDERS No commander or supervisor will knowingly issue any order which is in violation of any law or ordinance or Department procedure, policy, or rule. 2-17 OBEDIENCE TO UNLAWFUL ORDERS No member is required to obey any order which is contrary to federal or state law or local ordinance. Responsibility for refusal to obey rests with the member. The member will report the unlawful order in writing to the next higher supervisor in the chain of command. The member will be required to justify his or her action. 2-18 OBEDIENCE TO UNJUST OR IMPROPER ORDERS Members who are given orders which they feel to be unjust or contrary to Department directive must first obey the order to the best of their ability and then may appeal the order through the chain of command. 2-19 CONFLICTING ORDERS Upon receipt of an order conflicting with any previous order or instruction, the member affected will advise the person issuing the second order of this fact. Responsibility for countermanding the original instruction rests with the individual issuing the second order. If so, directed the latter command will be obeyed first. (SOP I-2) 2-20 CONDUCT TOWARD SUPERIOR AND SUBORDINATE OFFICERS AND ASSOCIATES Members will treat supervisors, subordinates and associates with respect. Members will be courteous and civil at all times in their relationships with each another. When on duty, and particularly in the presence of other members or the public, officers should be referred to by rank. 2-21 CRITICISM Members will not publicly criticize or ridicule the Department, its procedures, policies, rules or other members. Written, verbal or any other expression found to be defamatory, obscene, or unlawful and which impairs the operation of the Department by interfering with its efficiency, with the ability of supervisors to maintain discipline, or having been made with reckless disregard for the truth is prohibited. 2-22 SOLICITING GIFTS, GRATUITIES, FEES, REWARDS, LOANS, ETC. Members will not solicit any gift, gratuity, loan, or fee during the performance of, or related to, any official duty or action. Original issue: 1977 Rules and Regulations Revised: February 20, 2024, Page 5 of 20 2-23 ACCEPTANCE OF GIFTS, GRATUITIES, FEES, LOANS, ETC. Members will not accept, either directly or indirectly, any gift, gratuity, loan, fee, or anything of value arising from or offered because of police employment or any activity connected with said employment, without first advising the Chief of Police of the circumstances in writing. 2-24 OTHER TRANSACTIONS Members are prohibited from buying or selling anything of value from or to any suspect, witness, defendant, prisoner, or other person involved in any case which has come to their attention, or which arose out of their Department employment, except as specifically authorized by the Chief of Police. 2-25 PRIVATE BENEFIT FROM DEPARTMENTAL ASSOCIATION The use of prestige or influence of one’s official position, or the use of time, facilities, equipment or supplies of the Department for the private gain or advantage to oneself or another is prohibited. 2-26 DISPOSITIONS OF UNAUTHORIZED GIFTS, GRATUITIES, ETC. Any unauthorized gift, gratuity, reward, or other commodity falling into any of these categories coming into the possession of any member will be forwarded to the office of the Chief of Police with a written report explaining the circumstances connected therewith. 2-27 FREE ADMISSIONS AND PASSES Members will not solicit free admission to theaters and other places of amusement or entertainment for themselves or others. 2-28 REWARDS Members will not accept reward money or any other compensation except lawful salary and that which may be authorized by law. 2-29 DEBTS - INCURRING AND PAYMENT Members will pay all just debts and legal liabilities they incur. 3. GENERAL CONDUCT ON-DUTY 3-1 PROHIBITED ACTIVITY ON-DUTY Members are prohibited from engaging in the following activities while on-duty. A. Sleeping, loafing. B. Recreational reading. C. Conducting private business. Original issue: 1977 Rules and Regulations Revised: February 20, 2024, Page 6 of 20  D. Carrying any articles which distract from the proper performance of police duty. E. Drinking intoxicating beverages except in performance of a police duty and then only with the specific consent of a commanding officer and never in uniform. 3-2 CONSUMPTION OF INTOXICANTS Members will not consume intoxicants while off-duty to the extent that evidence of such consumption is apparent when reporting for duty or to the extent that their ability to perform duty is impaired. 3-3 INTOXICANTS ON DEPARTMENTAL PREMISES Members will not bring onto or keep any intoxicating liquor on Department premises except: A. Packaged goods for temporary storage in locker spaces. B. When necessary, in the performance of a police task, such liquor brought onto Department premises will be properly identified and stored according to Department directive. (SOP IV-11) 3-4 POSSESSION/USE OF CONTROLLED SUBSTANCES No member will possess and/or use any controlled substances without the approval and guidance of a licensed physician. In accordance with the collective bargaining agreement, certain controlled substances being taken while a member is on duty must be reported to Human Resources. At no time may a member of the Department use or be under the influence of a controlled substance which impairs or compromises the efficiency and integrity of the officer or the Department. Although antibiotics are classified as controlled substances, those which are known not to induce any side effects are exempt from this rule. 3-5 SMOKING WHILE ON-DUTY Members are prohibited from using tobacco products of any kind or an electronic cigarette in all police facilities, in all police vehicles, while in direct contact with the public, and/or when in uniform in public view. (SOP II-21) 3-6 RELIEF All members are to remain at their assignment and on duty until properly relieved by another member or until dismissed by competent authority. 3-7 MEALS Sworn members may suspend their police duty for a meal period to be taken within their assigned duty areas, subject to modification by the appropriate supervisor. Meals will be eaten expeditiously, and members will remain available by radio or phone. At no time will an employee leave his/her vehicle or assigned area to take a meal without first notifying dispatch. (Policy IV-21) 3-8 REPORTS Members will promptly submit all reports required within their job assignment, classification/rank, or job description. (Policy III-11) Original issue: 1977 Rules and Regulations Revised: February 20, 2024, Page 7 of 20 3-9 ABSENCE FROM DUTY Every member who fails to appear for duty at the date, time and place specified without the consent of competent authority is absent without leave. All members must make direct notification with his or her Shift Commander or the on-duty Shift Commander. Absences without leave must be reported in writing to the Chief of Police. 3-10 PHYSICAL FITNESS FOR DUTY All sworn members of the Department will maintain a level of physical fitness which allows them to fulfill their legal responsibilities as Police Officers. 3-11 LOITERING All members while on-duty or in uniform will not enter taverns, theaters, or other entertainment places except to perform a police task. Loitering in such locations is prohibited. 3-12 MILITARY COURTESY When meeting in public, officers will conform to normal courtesy standards and refer to each other by rank. 3-13 NATIONAL COLORS AND ANTHEM Uniformed members will render full military honors to the national colors and anthem at appropriate times. Members in civilian dress will render proper civilian honors to the national colors and anthem at appropriate times. 3-14 REPORTING FOR DUTY/TARDINESS Unless otherwise directed, members will report to their assigned place of work to include, but not be limited to, roll call or briefing, overtime assignments, court activities, and training sessions at the time and place specified, properly uniformed, and equipped (SOP II-3, III-4) 3-15 PRESENCE AT UNAUTHORIZED PLACES No member will be present in any unauthorized place within his or her assignment area during his or her tour of duty except for a legitimate police purpose. 3-16 SECTOR ASSIGNMENT All members are required to remain in their assigned area of responsibility. When it is necessary for an officer to leave his or her sector, the dispatcher must be advised, and permission obtained prior to departing the area. (SOP III-4) 3-17 LEAVING MUNICIPAL LIMITS Original issue: 1977 Rules and Regulations Revised: February 20, 2024, Page 8 of 20 A member may not go beyond the municipal limits while on duty unless in the performance of actual duty, or upon the direct order or with the permission of a supervisor. 3-18 USE OF LEAVE FOR CITY OVERTIME DUTY PROHIBITED Members will not use earned leave to work City overtime details, attend court, or any other activity compensable at City overtime rates when such activity coincides with the member’s regular scheduled duty hours. (Policy II-3) 3-19 SUBMISSION OF OVERTIME Overtime submissions must be made promptly on the electronic scheduling system. (Policy II-29) 3-20 COMPENSATION No member will be compensated in any manner other than as provided for in the applicable collective bargaining agreement, the City pay plan, the benefit plan, or as provided for in the City Code. A. Sworn employees will utilize designated employee scheduling software when submitting requests for any and all leave time. 1. Discrepancies regarding time off will be decided by the time/date stamp from the software. B. Leave will be granted only when requested in the electronic scheduling system by the member specifying the type of leave to be used, approved by a supervisor in the member’s chain of command, and only to the limit of the type of leave accrued by the member. 1. Leave without pay may be granted where requested and permissible. 4. UNIFORM APPEARANCE 4-1 UNIFORM APPEARANCE Members will appear neat and well-groomed while in uniform. All articles of uniform will conform to the Department uniform regulations. Civilian clothing will not be worn with any distinguishable part of the uniform without the approval of the Chief of Police or a designee. (Policy II-20) 4-2 WEARING THE UNIFORM Uniforms will be kept neat, clean and pressed at all times. While wearing the uniform, members will maintain a military bearing avoiding mannerisms such as slouching, shuffling, and keeping hands in pockets. 4-3 MANNER OF DRESS ON-DUTY Normally, sworn members will wear the authorized uniform on a tour of duty. Division commanders or appropriate supervisors may prescribe other clothing as required by the nature of the duty to which a particular member is assigned. If provided, civilian members will wear and maintain a uniform when approved by the Chief of Police or a designee. At all times while on-duty, unless expressly authorized by the Chief of Police or a designee, all members of the Department will be well-groomed and clean in their appearance. (SOP II-20) Original issue: 1977 Rules and Regulations Revised: February 20, 2024, Page 9 of 20 4-4 UNIFORM AND EQUIPMENT DAMAGE CLAIM Any claims for damage to clothing or other personal property belonging to a member caused by performance of duty will be made in accordance with current Department directives. 4-5 EQUIPMENT All equipment must be clean, in good working order and conform to Department specifications. (Policy II- 20) 4-6 LOCKERS Member’s assigned lockers will be required to be kept clean, in good order, and free of noxious or inappropriate material at all times. The Quartermaster assigns and reassigns the lockers on a seniority basis. 4-7 WEARING UNIFORMS OFF-DUTY Members may wear Department uniforms while off-duty when in route to or from the place of official duty and the member’s abode. While in uniform, only those stops which are necessary while in route to or from duty are permitted. For sworn members, in uniform means the total uniform, including leather gear and sidearm, when within the limits of our jurisdiction. When there is a question of policy adherence the burden of proving the necessity of any stop will rest with the member. Members are reminded to maintain a military bearing and a professional attitude at all times when in uniform and to act in a manner which brings credit to our uniform and the Department. (Policy II-20) 4-8 OFF-DUTY EQUIPMENT Sworn members who are authorized to carry a concealed weapon off-duty must carry official identification when doing so. (Policy III-14) 4-9 FIREARMS Sworn members will never display firearms unnecessarily while in civilian clothes or draw them in any public place except for official use. Sworn members are required to make a written report of any discharge of firearms (except routine target practice, sporting events, etc.). This report is to be made according to current Department procedures. (Policy III-14) 5. DEPARTMENT PROPERTY AND EQUIPMENT 5-1 MAINTENANCE OF DEPARTMENT PROPERTY AND EQUIPMENT Members will maintain, in good condition, Department property and equipment assigned to them. When City property is found bearing evidence of damage which has not been reported, it will be prima facie evidence the last person using the property or equipment was responsible. (Policy II-20) 5-2 DAMAGED-INOPERATIVE PROPERTY OR EQUIPMENT Original issue: 1977 Rules and Regulations Revised: February 20, 2024, Page 10 of 20 Members will immediately report to their appropriate supervisor any loss of, or damage to, Department property assigned to or used by them. The appropriate supervisor will be notified of any defects or hazardous conditions existing with any Department equipment or property. 5-3 CARE OF DEPARTMENT BUILDINGS Members will not mark, alter, or deface any surface on or within any Department building. No material will be affixed to any wall in Department buildings without specific authorization from the appropriate supervisor. 5-4 NOTICES Members will not mark, alter, or deface any posted notice of the Department. Notices or announcements will not be posted on bulletin boards without the permission of an appropriate supervisor. (This section does not include any collective bargaining unit bulletin board.) 5-5 ELECTRONIC MANUALS (POLICY & PROCEDURE) All members will be provided access to electronic manuals (policies & procedures, rules & regulation etc.). Members will be notified electronically when such manuals are updated. Members are responsible for reviewing and electronically signing for all new updates on a weekly basis. 5-6 SURRENDER OF DEPARTMENT PROPERTY Members are required to surrender all Department property and equipment in their possession upon separation from the Department. 5-7 DEPARTMENT PROPERTY- LOSS/DAMAGE – NEGLIGENCE Members are responsible for Department property issued or used by them. Loss or damage of Department property caused by negligence or inattention by any member may result in disciplinary action against the member. 5-8 POSSESSION OF KEYS/ACCESS CARDS No member will have in his or her possession any key or access card not specifically issued to that person. All keys signed out through the Department Quartermaster will be signed back in when they are no longer needed (transfer, promotion, separation from employment, etc.). Members will not give any other individual the key. The key must be re-issued by the Department Quartermaster. 5-9 USE OF DEPARTMENT VEHICLES Members will not use any Department vehicles without the permission of an appropriate supervisor. Conversely, the use of private vehicles for official purposes is prohibited unless authorized by a supervisor. (Policy III-19) 5-10 TRANSPORTING CITIZENS Citizens will be transported in Department vehicles as a Ride-Along participant or when necessary to accomplish a police purpose only. Such transportation will be done according to Department directives or at the direction of the appropriate supervisor. (Policy I-16, III-2) Original issue: 1977 Rules and Regulations Revised: February 20, 2024, Page 11 of 20 6. COMMUNICATIONS - CORRESPONDENCE 6-1 RESTRICTIONS - Members will not: A. Use Department letterheads for private correspondence. B. Enter official Department correspondence with anyone or any agency outside the Department, except with approval from a Captain or above. C. Make official Department communication, by telephone or otherwise, outside of the City without the permission of an appropriate supervisor and then only in accordance with Department procedures. 6-2 FORWARDING COMMUNICATIONS TO HIGHER COMMANDS Any member receiving a written communication for transmission to a higher command will in every case forward such communication. A member receiving a communication from a subordinate directed to higher command will endorse it indicating approval, disapproval, or acknowledgment. 6-3 DEPARTMENT DOCUMENTS AND ORDERS – CONFIDENTIAL Members will consider all Department documents and all special orders confidential unless ordered otherwise. 6-4 DEPARTMENT ADDRESS/ (PRIVATE USE OF) / CALLS/VISITORS Members will not use the Department as a mailing address for private purposes except as provided by Florida State Statutes, nor will the employee or member consistently receive personal visitors or telephone calls at the Police Department or substations. Utilization of Department telecommunication systems for non- duty related purposes is prohibited. 6-5 IDENTIFICATION NUMBERS All members of the Department will be issued identification numbers upon being employed. Identification numbers will be placed on all documents prepared by a sworn member directly after his or her signature and in all other instances as required. 6-6 RADIO PROTOCOL All members of the Department operating the police radio or computer terminals, either from a mobile unit or in the communications center, will strictly observe regulations for such operations as set forth in Department directives, Federal Communications Commission Regulations, and/or F.C.I.C./N.C.I.C. regulations. 6-7 ELECTRONIC MAIL Members will use the Department electronic mail for business purposes only. Each member is responsible for checking their email account at least once during their assigned shifts. Original issue: 1977 Rules and Regulations Revised: February 20, 2024, Page 12 of 20 7. DEATH AND INJURY NOTIFICATIONS 7-1 DEATH OR SERIOUS INJURY When a member is killed or seriously injured on or off-duty, the Chief of Police will be notified immediately. (Policy IV-13, IV-5) 7-2 NON-SERIOUS INJURY Injuries occurring on duty that are not of a serious nature require a written report to be submitted by the injured member or his or her supervisor at the earliest practical time. 7-3 NOTIFICATION OF FAMILY The family of a member injured or dying on duty will be notified immediately by the highest-ranking officer on-duty and/or a person pre-designated by the affected officer. 8. INVESTIGATIONS, ARRESTS, DETENTIONS, AND OFFICIAL REPORTS 8-1 IDENTIFICATION AS POLICE OFFICER Except when impractical or unfeasible, or where the identity is obvious, officers will identify themselves by displaying the official badge or identification card before taking police action. (Policy III-1) 8-2 DEPARTMENTAL RECORDS/REPORTS/CITATIONS Stealing, altering, forging, or knowingly falsifying or tampering with any kind of police record, report or citation is prohibited. The removal of any record, card, report, letter, document, or other official file from the Department, except by process of law or as directed by the Chief of Police or a supervisor, is prohibited. The obtaining/duplicating or attempting to obtain/duplicate any information from Department files, sources or reports, other than in accordance with one’s duties and assignments, is prohibited. 8-3 PRESS RELATIONS AT CRIME SCENES The Chief of Police, Public Information Officer, and/or any member, after receiving authorization from a Command Staff Officer having direct personal knowledge of a case, may release accurate, factual information relating to the member’s knowledge of the case unless prohibited by other portions of this policy or Florida State Statute. (SOP II-13) 8-4 SECURITY OF DEPARTMENTAL BUSINESS Members will not divulge police information outside the Department, except as required by law or competent authority. The information includes, but is not limited to, that which is contained in police records and other information ordinarily accessible only to members and employees. Names of informants, complainants, witnesses and other persons known to the police are considered confidential. (Policy IV-22) Any information obtained by any member through any internal process to include, but not be limited to, recruitment, selection, and/or promotion will be considered confidential and will not be divulged to anyone without prior written authorization from the appropriate Division Commander. Original issue: 1977 Rules and Regulations Revised: February 20, 2024, Page 13 of 20 8-5 USE OF PHYSICAL FORCE The use of physical force will be restricted to circumstances specified by law when it is necessary to accomplish a police objective. When a sworn member is required to use physical force against another person or if there is a complaint of injury, he or she will as soon as practical notify a supervisor. Following the incident, a supervisory review will be conducted, and a written report will be submitted through the chain of command to the Chief of Police or a designee. 8-6 COMPROMISING CRIMINAL CASES Members will not engage in any of the following conduct: A. Interference with the service of lawful process. B. Interference with the attendance or testimony of witnesses through coercion, bribery, or other means. C. Withholding information on criminal activity. D. Attempt to have any traffic citation or a Notice to Appear reduced, voided, or stricken from the calendar. E. Taking any action which will interfere with the efficiency or integrity of the administration of criminal justice. Attempt to have any criminal charges reduced, voided, and/or case stricken from the calendar. Members having knowledge of such interference will inform a superior officer. Any exception to this prohibition must be approved by the Chief of Police. 8-7 RECOMMENDING ATTORNEYS & BAIL BOND BROKERS IS PROHIBITED Members will not suggest, recommend, advise or otherwise counsel the retention of any attorney or bail bond broker to any person coming to their attention as a result of police business. 8-8 RECOVERED PROPERTY/EVIDENTIARY MATERIAL Members will turn over to the Property & Evidence Custodian all lost, stolen, recovered, abandoned or evidentiary material which comes into the possession of a Department member as a result of the performance of Departmental duties. All such material will be turned over prior to the completion of the tour of duty during which the material came into the possession of a member of the Department. Those materials requiring additional processing by technical personnel, such as Crime Scene, will be turned over immediately after the completion of such processing. (Policy IV-11) 9. PUBLIC ACTIVITIES 9-1 COMMERCIAL TESTIMONIALS Members will not permit their names or photographs to be used in any commercial testimonial which alludes to their position or employment with the Department to endorse any product or service without the permission of the Chief of Police. 9-2 PUBLIC APPEARANCE REQUESTS Original issue: 1977 Rules and Regulations Revised: February 20, 2024, Page 14 of 20 All requests for public speeches, demonstrations and the like will be routed to the office of the Chief of Police for approval and processing. 9-3 OUTSIDE EMPLOYMENT Prior to engaging in any outside business or employment the member will submit a request to the Chief of Police on the appropriate form. The approval of the Chief of Police will be based upon avoiding potential conflicts of interest and protecting the image of the Department and/or avoiding impairment of on-duty performance. The written request and approval must be renewed at the beginning of each calendar year. (SOP II-3) 9-4 POLITICAL ACTIVITY No members will engage in the following political activity: A. No member will utilize City resources as a means of endorsing a political party or candidate. B. No member will engage in any political activity prohibited by any Florida Statute, City Ordinance, City Administrative Policy, or any Departmental Rule, Regulation, Policy or Standard Operating Procedure. Members may become involved in the following political activity: A. Any member may become a candidate and actively campaign for any elective office in this state. B. Any member may express his or her opinions on any candidate or issue and participate in any political campaign during the member’s off-duty hours, so long as such activities are not in conflict with any Florida Statute, City Ordinance, City Administrative Policy, or any Departmental Rule, Regulation, Policy or Standard Operating Procedure. 9-5 SUBVERSIVE ORGANIZATIONS No member will knowingly become a member of or be affiliated with any subversive organization, except, when necessary, in the performance of duty and then only under the direction of the Chief of Police. 9-6 PERSONAL PREFERMENT No member may solicit anyone to intercede with the Chief of Police, Mayor, Commission, City Administrator or any elected/appointed official in relation to promotions, Departmental assignment or disposition of pending charges or findings in a disciplinary proceeding. Nothing in this section will be construed to be applicable to licensed attorneys representing a member of the Department. 9-7 CONDUCT TOWARD THE PUBLIC Members will be courteous and orderly in their dealings with the public. They will attend to requests from the public quickly and accurately. They will perform their duties avoiding harsh, profane, abusive, racial, or insolent language and will always remain calm regardless of provocation to do otherwise. Upon request, they will supply their name and identification number and/or the name of their supervisor in a courteous manner, when feasible. 9-8 IMPARTIAL ATTITUDE All members will display an impartial and professional attitude toward all persons. (Policy I-9) Original issue: 1977 Rules and Regulations Revised: February 20, 2024, Page 15 of 20 9-9 CARING FOR LOST, HELPLESS, INJURED, OR ILL PERSONS Members will always be alert to assist lost, helpless, injured, or ill persons. Every sworn member will maintain a proficiency in first aid techniques. Failure or inability to render first aid competently is considered a serious neglect of duty. 9-10 AVAILABILITY WHEN ON-DUTY While on duty, members will not conceal themselves except for some police purpose. They will be immediately and readily available to the public during duty hours. 9-11 RESPONDING TO CALLS Members of the Department will respond without delay to all calls for police assistance from citizens or other members. All calls will be answered as soon as possible consistent with normal safety precautions and vehicle laws. No member will fail to answer any telephone, radio, or computer terminal call directed to him or her. Dispatch Operations will be informed by any member leaving the air and when returning to a duty status. (Policy IV-21) 9-12 IN-SERVICE While on duty a member will be considered to be in-service when they are not actively assigned by dispatch, a supervisor, or engaged in self-initiated police activities. When the member is in-service, they will be within the boundaries of their assigned area or sector and will be prepared to respond immediately to calls for service or crimes in progress. (Policy IV-21) 10. JUDICIAL AND INVESTIGATIVE ACTIONS, APPEARANCES, & TESTIFYING 10-1 TRUTHFULNESS Members are required to answer questions truthfully and cooperatively by, or render material and relevant statements to, a competent authority in a Departmental reviews or investigations. (Policy IV-22) 10-2 COURT APPEARANCES AND DRESS The official uniform accepted business attire or clothing conforming to standards imposed on officers working in plain clothes will be worn when appearing in court. Members will present a neat and clean appearance, avoiding any mannerism which might imply disrespect to the court. Members will comply with all rules of the court. Weapons will not be displayed. (POLICY II-20, II-21, II-22) 10-3 TESTIFYING FOR THE DEFENDANT Any member subpoenaed to testify for the defense in any trial or hearing, or against the City or Department in any hearing or trial, will notify his or her supervisor upon receipt of the subpoena. 10-4 REFUSAL TO TESTIFY Original issue: 1977 Rules and Regulations Revised: February 20, 2024, Page 16 of 20 When appearing as a witness or party before any competent investigative body, a judicial tribunal, a hearing board, or a person authorized to take testimony, any member who invokes his or her constitutional privilege and refuses to testify will be subject to Departmental review. 10-5 CIVIL ACTION INTERVIEWS Civil action interviews involving members or employees which arise out of Departmental employment will be conducted in accordance with current Departmental directives. 10-6 CIVIL ACTION, COURT APPEARANCES – SUBPOENAS Members will accept all subpoenas legally served. If the subpoena arises out of Departmental employment, or if the member is informed that he or she is a party to a civil action arising out of Departmental employment, he or she will immediately notify his or her supervisor and the City Attorney’s office. Members will not enter into any financial understanding for appearances as witnesses prior to any trial, except in accordance with current directives. Any member of the Department involved in a lawsuit, either as a plaintiff or defendant, must notify his or her Division Commander. (Policy II-22) 10-7 CIVIL DEPOSITION AND AFFIDAVITS Members will confer with their Division Commander before giving a deposition or affidavit on a civil case. If the commander determines that the case is of importance to the City, he or she will inform the Chief of Police before the deposition or affidavit is given. (Policy II-22) 11. DISCIPLINE 11-1 SERIOUS COMPLAINTS OR ALLEGATIONS When, in the opinion of the Supervisor-in-Charge, the incident is of sufficient gravity, the supervisor will notify the Chief of Police regardless of the hour. Immediate action necessary to preserve the integrity of the Department until the arrival of the Chief of Police will be taken. Should the matter pertain to or involve the Chief of Police, the City Administrator will be notified. (Policy IV-22) 11-2 CITIZEN COMPLAINTS AGAINST DEPARTMENT PERSONNEL Complaints by citizens against members of the Department will be recorded and if necessary, investigated as soon as possible. (Policy IV-22) 11-3 VEXATIONS/UNNECESSARY COMPLAINTS Making a harassing or unnecessary complaint against a fellow member of the Department is prohibited. 11-4 INVESTIGATION OF ALLEGED MISCONDUCT The individual assigned the investigation of an alleged act of misconduct on the part of a member of the Department will conduct a thorough and accurate investigation. (Policy IV-22) 11-5 COOPERATION WITH INTERNAL INVESTIGATIONS Failure to answer questions, respond to lawful orders, or to render material and relevant statements in an internal Department investigation when such orders, questions, and statements are directly related to job Original issue: 1977 Rules and Regulations Revised: February 20, 2024, Page 17 of 20 responsibilities is prohibited. Nothing in the section will violate one’s Federal or State constitutional rights. (Policy IV-22) 11-6 REPORTS OF INVESTIGATION OF ALLEGED ACTS OF MISCONDUCT Alleged acts of misconduct must be investigated, and the results of the investigation must be reduced to a written report. (Policy IV-22) 11-7 DEPARTMENT DISCIPLINE Any member who violates or attempts to violate the law of the United States of America, the State of Florida, local ordinances or who violates or attempts to violate any Department rule or regulation, policy, or procedure, general or special order, written or verbal order or who is incompetent to perform one’s duty is subject to appropriate disciplinary action. (Policy I-9) 11-8 AUTHORITY TO DISCIPLINE Final disciplinary authority and responsibility rests with the Chief of Police. Other supervisory personnel may take the following disciplinary measures: A. Verbal reprimand/counseling B. Remedial training C. Emergency suspension (with the rank of Lieutenant or above) D. Written recommendations for other penalties (Policy I-9) 11-9 INFORMING THE PERSON BEING DISCIPLINED The member or employee being disciplined will be informed of the charges at the time such action is taken. (Policy I-9, IV-22) 11-10 EMERGENCY SUSPENSION The following personnel have the authority to impose emergency suspension until the next business day against a member when it appears that such action is in the best interest of the Department (SOP I-9): A. Chief of Police B. Assistant Chief C. Any Division or Shift Commander with the rank of Lieutenant or above D. The City Administrator in cases involving the Chief of Police 11-11 FOLLOW-UP ACTION ON EMERGENCY SUSPENSION A member receiving an emergency suspension will be required to report to the Bureau Commander or designee on the next business day at 1000 hours unless otherwise directed by the Bureau Commander or designee. The supervisor imposing or recommending the suspension will also report to the Bureau Commander or designee at the same time. (Policy I-9, IV-22) Original issue: 1977 Rules and Regulations Revised: February 20, 2024, Page 18 of 20 11-12 REPORTS OF DISCIPLINARY ACTION TAKEN OR RECOMMENDED When disciplinary action is taken or recommended (except for verbal counseling), a written report must be submitted immediately containing the following information: A. The name, rank, I.D. number, and present assignment of the person being disciplined including specific assignment and hours of assignment. B. The date(s) and time(s) of the misconduct and location(s), indicating on or off-duty. C. The section number(s) of this regulation violated or common name of the infraction. D. A complete statement of the facts of the misconduct. E. Whether or not there is a preponderance a violation occurred. F. The written signature and position of the preparer and the preparer’s position in relation to the member being examined. 11-13 CONCLUSION OF INVESTIGATION INVOLVING DEPARTMENT MEMBERS All investigations of Department members accused of misconduct will conclude with one of the following findings: A. Exonerated (Proper Conduct) - The allegation is true; the action of the agency or the employee was consistent with agency policy. B. Sustained- The allegations are true by a preponderance of the evidence and that the conduct at issue is a violation of agency policy. C. Unfounded - The allegation is either demonstrably false or there is no credible evidence to support it. D. Not Sustained - There is insufficient proof to confirm or to refute the allegation. The allegations cannot be proven true or untrue by a preponderance of the evidence. E. Policy Failure - The policy or Standard operating procedure does not properly address the allegation, or conflict in policy or procedure led to the alleged conduct. Appropriate disciplinary action, if required, will be issued by the Chief of Police. Completed administrative investigations will be forwarded via the subject member’s chain of command to the Chief of Police. Each member in the chain will indicate his or her approval or disapproval of the findings and will attach any remarks or observations bearing on the case. (POLICY I-9, SOP IV-22) All disciplinary action will be in accordance with the Law Enforcement Officers Bill of Rights. (FSS 112) 11-14 PENALTIES The following penalties may be assessed against any member of the Department as disciplinary action: (Policy I-9, IV-22) A. Verbal counseling and/or remedial training. Original issue: 1977 Rules and Regulations Revised: February 20, 2024, Page 19 of 20  B. Written reprimand. C. Suspension. 1. Voluntary surrender of earned or accumulated leave, such as vacation, earned personal leave or compensatory time, in lieu of other action may be approved by the Chief of Police in lieu of suspension. D. Demotion/reduction in pay. E. Termination. Approved: Signature on file February 15, 2024 Frank Adderley, Chief of Police Date: Original issue: 1977 Rules and Regulations Revised: February 20, 2024, Page 20 of 20