Rules of Conduct_1.pdf

EFFECTIVE Grandview Heights Police General Orders NUMBER November 15, 2011 REVISED October 12, 2021 TOTAL PAGES 9 Rules of Conduct 1.01 Obedience to Laws and Ordinances Division personnel shall obey the Constitutions of the United States and the State of Ohio and all federal, state, and local...

EFFECTIVE Grandview Heights Police General Orders NUMBER November 15, 2011 REVISED October 12, 2021 TOTAL PAGES 9 Rules of Conduct 1.01 Obedience to Laws and Ordinances Division personnel shall obey the Constitutions of the United States and the State of Ohio and all federal, state, and local laws. 1.02 Knowledge of Directives, Laws, and Ordinances Division personnel shall be thoroughly familiar with Division rules, policies, directives, orders, and city, state, and federal laws that pertain to their employment. 1.03 Violation of Rules or Division General Orders A. Division personnel will not commit or omit acts in violation of the explicit or implicit purpose of the Rules of Conduct, policies, procedures, directives, General Orders of the Division, or the City Personnel Policy Manual. It is not necessary that every specific act which could constitute a violation be expressly prohibited in written form. B. The Rules of Conduct are the most authoritative directives issued and shall be the basis for formal disciplinary action. C. All disciplinary actions will be conducted in accordance with the Collective Bargaining Agreement and/or Personnel Policy Manual. 1.04 Causes for Dismissal Division personnel hold their positions during good behavior and efficient service, but may be suspended or dismissed for incompetence, gross neglect of duty, gross immorality, habitual intoxication, failure to obey orders given by proper authority, misfeasance, malfeasance, nonfeasance, or for any other just and reasonable cause. 1.05 Residence Requirement/Change Notification A. Division personnel shall: 1. Reside in Franklin, Union, Delaware, Licking, Madison, Fairfield, or Pickaway County. 2. Record their residence address, telephone number, and/or emergency telephone number with the Chief of Police and the Finance Department. 3. Notify the Chief of Police and the Finance Department in writing of any change of address or telephone number within 48 hours of such change. 1.06 Conflicting or Illegal Orders A. Division personnel who are given an otherwise proper order which conflicts with a previous order, rule, regulation, or directive shall respectfully inform the supervisor issuing the second order of the conflict. The supervisor issuing the second order shall decide which order is to stand. Under these circumstances, responsibility for the conflict rests with the supervisor who issues the second order. Personnel will not be held responsible for disobedience of an order, rule, regulation, or directive which they are ordered to disregard. If necessary, the Rules of Conduct Revised 10/12/21 Page 1 of 9 supervisor issuing the second order shall write a letter to the Chief of Police explaining the reason for the conflicting order. B. Division personnel shall not obey any order which they know or should know would require them to commit any illegal or immoral acts. If in doubt as to the legality of an order, personnel shall request the issuing party to clarify the order or to confer with a higher authority. 1.07 Insubordination Division personnel shall obey any lawful order of a supervisor or any order relayed from a supervisor by an employee of the same or lesser rank. Insubordination includes, but is not limited to, any language or action directed toward a supervisor which is disrespectful, mutinous, insolent, or abusive. 1.08 Requirement to Take Action A. Sworn personnel, regardless of duty status, shall take prompt, effective action regarding anything which comes to their attention requiring a police response within the city of Grandview Heights. 1. Sworn personnel are not relieved of the responsibility for taking proper action when they are detailed to special duties. 2. Sworn personnel assigned to undercover operations are exempted when taking action would seriously impair the success of the undercover assignment. 3. Sworn personnel shall not enforce violations of traffic laws while in off duty status unless in uniform and in a marked vehicle. 4. Sworn personnel should not enforce violations of non-violent misdemeanors while in offduty status. 5. No exceptions apply in life-threatening situations. B. Division personnel who either engage in or become aware of another Division employee’s involvement in misconduct of a criminal nature or violation of a Division Rule of Conduct shall take immediate, appropriate action to stop said conduct, e.g., advising the employee and reporting the conduct to a supervisor, arresting the employee, etc. 1.09 Aid to Fellow Officers Sworn personnel, except when actually incapacitated, shall aid, assist, and protect fellow officers in time of danger or under circumstances where danger might reasonably be impending. 1.10 Interference with Written/Electronic Communications A. Division personnel shall not request others to alter or withdraw reports, letters, requests, or other written/electronic communications without justification for doing so. B. Division personnel shall forward all communications without unnecessary delay. C. Division personnel shall forward all confidential mail unopened. If accidentally opened, personnel doing so shall initial it before forwarding. D. Division personnel shall not add, modify, or delete information from any Division report, written/electronic, where they, or a family member, are the victim, witness, or suspect. Rules of Conduct Revised 10/12/21 Page 2 of 9 1.11 Care of Division Property A. Division personnel are responsible for the proper care and use of Division property and equipment assigned to or used by them. B. Division personnel shall not loan individually issued keys, electronic key cards, or identification cards to other persons. 1.12 Uniform Appearance and Requirements Division personnel required to possess uniforms shall maintain and wear those uniforms in accordance with uniform regulations. 1.13 Maintaining Division Publications Division personnel shall keep all issued manuals, texts, or references current. 1.14 Reporting for Duty A. Division personnel shall report for and remain on duty at the time and place required by their assignment, or as ordered. B. Division personnel shall be physically and mentally fit to perform their duties. C. Division personnel shall be properly equipped and able to immediately assume their duties. 1.15 General Requirements A. Division personnel shall: 1. Be civil, orderly, and courteous in their conduct and demeanor. 2. Address and/or refer to Division supervisors by rank or “Sir/ Ma’am.” 3. Maintain a strictly impartial attitude toward citizens, complainants, and violators. 4. Coordinate their efforts in order to attain the goals of the Division of Police. 5. Be truthful at all times. 6. Carry out such orders and directives as may be given them by Division supervisors. 1.16 Requirement to Carry Badge, ID, and Firearm A. Sworn personnel shall wear or carry their police badge, identification card, and authorized firearm at all times while on duty, except as exempted by other directives, by law, or as approved by a Division supervisor for officer safety or the performance of an undercover assignment. B. Sworn personnel, on or off duty, in plain clothes, carrying their police badge, identification card, and authorized firearm shall do so in a concealed manner, unless in a police facility or while performing a police function. 1.17 Cellular Telephone Use A. Division issued cellular telephones will only be assigned at the discretion of the Chief of Police. B. The use of personal cellular telephones are permitted under certain conditions and limitations, as described in the General Orders. 1.18 Arrest, Search, and Seizure Sworn personnel shall make arrests, searches, and seizures only in accordance with law and Division policy and procedures. Rules of Conduct Revised 10/12/21 Page 3 of 9 1.19 Use of Force Division personnel shall use force only in accordance with law and Division policy and procedures. 1.20 Use of Firearm Division personnel shall carry and use firearms only in accordance with law, and when in the line of duty, in accordance with Division policy and procedure. 1.21 Display of Firearms Sworn personnel shall not draw or display their firearms in public except for official inspection or use. 1.22 Public Statements and Appearances A. Division personnel shall not publicly criticize or ridicule the Division, its policies, or other personnel by speech, writing, or other expression. B. Division personnel addressing the public or the broadcast media, preparing any articles for publication, or acting as correspondents with a newspaper or periodical shall not divulge investigative information, information contained in Division records, or any other Division matter in violation of law or Division policy. 1.23 Gratuities Division personnel shall not solicit or accept from any person, business, or organization, any tangible or intangible property, promise, or service, or in any way use their official position, if it may be reasonably inferred that private interests conflict with police duties and responsibilities. 1.24 Endorsing Products/Use of Division Badge, Patch, Logo, or Equipment A. Division personnel, without the prior written approval of the Chief of Police, shall not use or allow the use of their rank designation, name, photographs, or employment position with the Division as an endorsement of products or services, whether their own or another’s, when the endorsement alludes to their affiliation with the Division of Police. B. Division personnel shall not use nor permit the use of any reproduction of any Division badge, patch, other official logo, and/or any equipment for commercial purposes, either profit or nonprofit, without the prior, written approval of the Chief of Police. 1.25 Personal Correspondence A. Division personnel shall not use the Division of Police as their personal mailing address, except to be displayed on their operator’s license and/or vehicle registration as permitted by state law. B. Division personnel shall not use official letterhead for private correspondence. 1.26 Visiting Prohibited Establishments Rules of Conduct Revised 10/12/21 Page 4 of 9 Division personnel shall not knowingly visit or enter a house of prostitution, gambling house, or other establishment wherein the laws of the United States, the State, or the local jurisdiction are regularly violated, except in the line of duty. 1.27 Interference in Private Business Division personnel shall not interfere in the private business or affairs of another, other than in the course of official police business. 1.28 Neglect or Inattention to Duty Division personnel shall not engage in activity or personal business which may cause or causes them to neglect or be inattentive to duty. These would include, but are not limited to, activities such as the reading of nonjob- related newspapers or periodicals, banking, picking up laundry, visiting friends or relatives, and other errands of a personal nature. 1.29 Associations Division personnel, except in the line of duty or when unavoidable, shall avoid associations or dealings with persons or organizations who they know, or should know, are under criminal investigation or indictment or who are known to have involvement in criminal or subversive activity. 1.30 Withholding Information A. Division personnel shall communicate to their immediate supervisor, and/ or any appropriate unit within the Division, information, or tips on crimes, suspects, or criminal activity or other important police matters of which they may be aware. B. Division personnel involved in or becoming aware of any misconduct of a serious nature by another Division employee shall promptly report the misconduct to a Division supervisor. 1.31 Divulging Police Information Division personnel shall not divulge police information or information contained in police records to anyone except as provided by law and Division policy. 1.32 Identifying Informants Division personnel shall not divulge the identity of persons giving confidential information to the Division except as directed by a Deputy Chief or the Chief of Police. 1.33 Recommending Professionals or Businesses Division personnel shall not recommend a person or business to any non-Division person with whom they have contact in the line of duty. 1.34 Political Activity A. Division personnel are permitted to participate in the electoral process to the extent it is consistent with federal, state, and local law, and the following: 1. Division personnel shall not use their official capacity to otherwise interfere with, or affect the result of, any election. 2. Division personnel may privately express their opinion concerning political matters, but shall not publicly express political opinions or endorsements. Rules of Conduct Revised 10/12/21 Page 5 of 9 3. Division personnel may attend political gatherings, but shall not assume any active role in the management, organization, or fiscal matters of the political gathering. 4. Division personnel may sign political petitions, but shall not circulate political petitions. 5. Division personnel are prohibited from being a candidate for any elective office within the City of Grandview Heights, and partisan elections outside the City of Grandview Heights. Division personnel are permitted to be a candidate for, and hold a position as a member of, a local board of education, village council outside the City of Grandview Heights, or a board of trustees, as long as they: a. Do not solicit, directly or indirectly, campaign funding for their campaign for elective office. b. Do not seek or use the endorsement of a political party. c. Do not participate in matters under consideration by the local school board, village council, or board of township trustees whenever a conflict of interest appears. d. Do not perform work for the local school board, village council, or board of township trustees during assigned working hours for the Division of Police. 6. Division personnel shall not bring any political material or activity into the work environment. 7. Division personnel shall not directly or indirectly associate themselves with the Grandview Heights Division of Police while engaged in any activity involving the electoral process. 8. Division personnel shall not solicit or receive any assessment, subscription, or contribution for any political party or any candidate for public office. 1.35 Requirement to Attend Trials or Hearings Division personnel who have been subpoenaed or otherwise notified by competent authority to appear in court or at a hearing are required to comply with the notification. This requirement is excepted when personnel are notified by Court Liaison Section that their attendance is not necessary or when there is a legitimate conflict and prior permission to be absent is obtained from Court Liaison Section or the Prosecutor’s Office. 1.36 Unbecoming Conduct Division personnel shall conduct themselves at all times, both on and off duty, in such a manner as to reflect favorably on the Division. Unbecoming conduct is behavior that implicitly or explicitly brings the Division into disrepute, reflects discredit upon the individual as a member of the Division, or impairs the operation or efficiency of the Division or the individual. This includes, but is not limited to, derogatory comments, gestures, or insinuations. 1.37 Reporting Arrests or Court Actions In any of the following circumstances, prior to or immediately upon reporting for the first tour of duty after being notified of a given court action or order, Division personnel will notify the Chief of Police in writing through the chain of command and forward, in a sealed envelope, a copy of the notification to the City Attorney: 1. Division personnel who are subject to arrest or court action, except divorce and/or child custody proceedings. However, notification will be made when there is an arrest or court action resulting from nonpayment of child support. Rules of Conduct Revised 10/12/21 Page 6 of 9 2. Division personnel who initiate lawsuits relating to their employment with the Division of Police. 3. Division personnel who are served with criminal temporary protection orders or any court orders related to domestic violence will forward copies of the orders along with the written notifications up the chain of command. 4. Division personnel who operate motor vehicles on duty and who are subject to the loss, suspension, or revocation of their driving privileges. In addition: Notify the immediate supervisor on duty and provide documentation of conditional driving privileges, if applicable, along with the written notifications. 5. Division personnel who receive a subpoena from, or otherwise assist or intend to assist, a party in any civil or criminal matter that is adverse to the interests of the Division of Police or the City of Grandview Heights. 1.38 Display of Material in Police Facilities A. Only authorized material shall be posted within or upon Division of Police property. B. Division personnel shall not post any type of personal notice or any cartoons, drawings, papers, or other material that may be offensive or contain derogatory language. This includes any material that contains sexual, ethnic, or racial slurs, or is demeaning to other protected class members; e.g., age, religion, disability, or sexual orientation. Division personnel shall remove any material they become aware of that violates this policy. C. Division personnel shall not deface damage, destroy, or tamper with material which is authorized. 1.40 Sick/Injury Reporting Division personnel shall not feign illness or injury, falsely report illness or injury, or otherwise deceive or attempt to deceive the Division as to a health condition. 1.41 Business Cards All business cards used by Division personnel to represent themselves as members of the Division shall be in good taste and shall use only a logo approved by the Chief of Police. 1.42 Alcohol/Drugs A. Division personnel shall not be under the influence of intoxicants while on duty or while in any part of their uniform. B. Division personnel shall not purchase or consume alcoholic beverages or have the odor of an alcoholic beverage on their breath while on duty or in any part of their uniform, except as required in the line of duty and with prior approval of the Chief of Police. C. Division personnel shall not consume, possess, or purchase illegal drugs except as required in the line of duty. D. Division personnel shall not consume alcohol to the extent it renders them unfit to report for their next regularly scheduled tour of duty. E. Division personnel shall not possess intoxicants or illicit drugs in police buildings or vehicles except as required in the line of duty or with the express approval of the Chief of Police. 1.43 Over-the-Counter Medication/Prescription Drug Use Rules of Conduct Revised 10/12/21 Page 7 of 9 A. Division personnel shall notify their immediate supervisor if their ability to perform their duties may be impaired by prescribed or over-the-counter drugs. B. Division personnel will notify their immediate supervisor when they are taking any type of psychotropic (mind altering) medication. The notification will include a note from the attending physician. The physician’s note must, at minimum, specify the type of medication, the length of treatment, and whether the employee can perform normal duties (i.e., carry a firearm, operate a motor vehicle, enforce laws) while taking the medication. 1.44 Expenditures of Division Funds No expenditures of money or financial obligations will be incurred in the name of the City of Grandview Heights or the Division of Police by Division personnel without prior authorization from the Chief of Police. 1.45 Requirement to Give Name and Badge Number A. Division personnel shall give their name and badge number to any person upon request. B. Uniformed sworn personnel shall display their identification card to any person upon request or as soon as is safe and practical. C. Sworn personnel in plainclothes, when exercising their authority under the law and identifying themselves as a police officer, shall display the badge and police identification concurrently or as soon as is safe and practical. 1.46 Requirement to Submit Body Fluids Division personnel who are the subject of an investigation shall submit body fluids for analysis if doing so would aid the investigation and if ordered by the investigating supervisor. Blood specimens will be taken by medical personnel under medically safe and sanitary conditions. 1.47 Saluting Uniformed officers, while outdoors, upon approaching or meeting a uniformed officer of the rank of lieutenant or higher, shall promptly render the regulation salute which shall immediately be returned. While in formation, sworn personnel shall not salute unless ordered to do so by the officer in command. 1.48 Compliance with EEO Laws, Rules, Orders, Policies, and Directives Division personnel shall obey federal, state, and local antidiscrimination statutes; and Division rules, orders, directives, and policies pertaining to EEO. 1.50 Stopping or Detaining Persons A. Division personnel shall stop and detain a person only for an articulable reason, and shall not stop or detain a person based solely on a common trait of a group; e.g., race, ethnicity, gender, sexual orientation, religion, economic status, age, cultural group, etc. B. Division personnel stopping or detaining a person for any reason shall advise that person of the reason for the stop or detention as soon as practicable, but prior to termination of the contact. Division personnel shall be courteous and, when applicable, shall express appreciation for the involved person’s cooperation. Rules of Conduct Revised 10/12/21 Page 8 of 9 1.51 Identifying Offenders A. Division Personnel shall take reasonable actions to identify any individual who does not have a picture ID and is being charged with a traffic violation or a criminal offense. Reasonable actions may include using an OHLEG photograph, using an arrest photograph from the ID Section, fingerprint verification through RapID, or processing the individual through the ID Section. B. Division personnel shall document the actions taken to identify the individual on the appropriate report or document; i.e. Arrest Information Form, u10.100, NetRMS Incident Report, or on the traffic citation. 1.52 Use of Tobacco A. Smoking is prohibited in any City and/or Division of Police facility or building. B. Smoking is prohibited in any city vehicles. C. Cigarette or tobacco breaks are prohibited. D. Smoking is prohibited while in formation, participating in a ceremony, or when engaged in official duties with the public. E. The use of smokeless tobacco products is prohibited while in the public view, in a police vehicle, or within a City structure. F. Division supervisors are responsible for ensuring that all personnel comply with these guidelines. Rules of Conduct Revised 10/12/21 Page 9 of 9