[HISTORY: Adopted by the Board of Selectmen of the Town of
Lynnfield. Amendments noted where applicable.]
The Selectmen of the Town of Lynnfield do hereby make and adopt
the following rules and regulations for the government of the Police
Department of the Town of Lynnfield.
The Board of Selectmen is authorized to establish a Police Department
under its direction and to appoint a Chief of Police and such other
police officers as it deems necessary, and fix their compensation
in an amount not in the aggregate exceeding the annual appropriation
therefor.
The police appointed by the Selectmen are public officers of
the commonwealth, sworn to obey and enforce the law of the commonwealth,
the bylaws of the Town and these regulations. It is their duty at
all times to know not only the letter but also the spirit of the law
and of such bylaws and regulations, and to use intelligence and discretion
in the discharge of their duty.
Upon the adoption of these regulations for the government of
the Police Department, all rules, regulations and orders affecting
the same that have been in force issued by the Board of Selectmen
or the Chief of Police are hereby revoked.
A. The Police
Department of the Town of Lynnfield shall consist of a Chief of Police,
superior officers of lesser rank, and such number of patrolmen, intermittent
officers and special officers as may be appointed by the Selectmen.
B. The title
"Commanding Officer," when used in regulations or orders, shall apply
to the officer regularly assigned to command; also, to an officer
temporarily in command, whatever his grade, when and to the extent
that the circumstances in which he is acting require.
Orders from the Board of Selectmen to the Police Department
shall be in writing and will be given to the Chief or officer in charge
in the absence of the Chief and by him carried into effect.
The Chief of Police shall be the chief executive officer of
the Department and shall have and exercise full authority over all
members thereof, subject only to any applicable provisions of the
law, to these rules and such other rules and regulations and general
orders as may be made by the Board of Selectmen. He may issue such
further orders and commands, not inconsistent with said rules, regulations
and orders, as may be necessary for the efficient administration of
the Department and the maintenance of discipline therein.
A. He shall be responsible for the enforcement of all laws, Town bylaws
and regulations which the Police Department has authority to enforce,
the prosecution of complaints for violation thereof and the proper
preparation and presentation of the cases in court, either personally
or by a qualified officer designated by him.
B. He shall, as far as possible, so organize his Department that at
all times when he is absent it shall be under the command of a superior
officer. He shall also establish a routine of daily duties which shall
be performed by officers designated by him.
C. He shall instruct the members of the Department, or cause them to
be instructed, in all matters pertaining to their duties; shall see
that each of them is provided with a copy of these rules and is familiar
with them; shall read or cause to be read at the tour of duty next
after issuance all additional rules and general orders made by the
Board of Selectmen, or by him, and shall cause copies thereof to be
posted on the bulletin board at headquarters; and it shall be his
duty to require obedience to all such rules, regulations and orders.
D. He shall inspect the officers or delegate such inspection to an officer
of rank at each tour of duty, see to the correction of any negligence
in attire, want of cleanliness or neatness, and any improper personal
habit, and shall report to the Selectmen every case of misconduct,
neglect or unfitness for duty.
E. The appointing authority, the Chief of Police, or his subordinate
to whom such authority has been delegated by him may suspend any police
officer for cause, in accordance with the provisions of General Laws
Chapter 31.
F. In cases of riot or sudden emergency, he shall forthwith proceed
to the scene of the disturbance with all the force that he can muster,
and be vigilant in suppressing the disorder. If he shall have any
doubt of his ability to preserve the peace or to restore order, he
shall immediately take whatever steps he deems necessary and report
to the Board of Selectmen.
G. He may, in his discretion, send any officer of the Department out
of the Town or the state, in pursuit of any fugitive from justice,
or to recover stolen property; but no liability for expense therefor
shall be incurred on behalf of the Town without tentative approval
of the Board of Selectmen, to be subsequently confirmed in writing.
H. He shall keep himself informed of meetings, assemblies, and all gatherings
of persons in large numbers within the Town, and when necessary in
his judgment, or when so ordered by the Board of Selectmen, shall
send thereto a sufficient number of officers to preserve order.
I. He may detail officers for the performance of special duty, either
in uniform or plain clothes subject to the provisions of these rules
relating to special details, but no such detail shall extend beyond
a period of one week except with the approval of the Board of Selectmen.
J. He shall investigate and report to the Board of Selectmen all pertinent
information in connection with all applications for licenses and permits
referred to him by the Board and it shall also be his duty to note
and report to the Board of Selectmen any violation of the conditions
of licenses and permits issued by them.
K. He shall note and make a record of all streetlights out of repair
or not lighted at proper times.
L. He shall promptly report to the responsible Town department, or public
service corporation, every defect, obstruction in or want of repair
of any highway or Town property and keep a record of the date and
method of such report and the name of the individual notified. If
such department or corporation does not remedy the condition within
a reasonable time, he shall report the matter to the Board of Selectmen.
M. It shall be the duty of the Chief of Police and, under his direction,
the duty of any officer or officers assigned or detailed to assist
him, whenever there shall be any accident involving injuries to persons
or to property in or upon any public building or public grounds or
caused or alleged to have been caused by any defect or obstruction,
or want of repair of, any public way to forthwith investigate the
same, collect the evidence thereto and the names and addresses of
all persons involved and witnesses to the accident, and to report
the same without delay to the Town Counsel, and also to perform such
other services in connection therewith as may be requested by the
Selectmen or the Town Counsel.
N. He shall be responsible for the care and maintenance in good condition
of headquarters and all departmental property and for the use of the
same in strict conformity with these rules, and he shall make or cause
to be made by a superior officer frequent inspections of the same.
O. He shall be responsible for the proper keeping of the records and
accounts of the Department and full entry therein of all matters of
business and the activities of the Department, and he shall also keep
or cause to be kept under his direction a full and complete record
of all departmental property with the date of acquisition and the
dates and circumstances of disposal. He will be accountable for all
property and money received in his official capacity.
P. He shall, at each regular meeting of the Board of Selectmen, submit
a typed report of the general activities of the Department during
the period since the previous meeting. He shall include the number
of persons arrested, the offenses for which they were arrested, and
the disposition made of each case, and a list of property reported
as lost or stolen, and property so reported which has been recovered
and the disposition thereof. The report shall also include the number
of days in which any member of the Department was absent from duty
and the reason therefor. He shall submit to the Board of Selectmen,
no later than the date set by the Town Accountant, a typed report
of the work of the Department during the year, to be printed with
the annual reports of Town officers, in which the information relating
to the arrests and lost and stolen property set forth in the weekly
reports shall be consolidated and information shall be given as to
the personnel of the Department and its equipment.
A. A Sergeant
shall have general charge of patrolmen, shall instruct, advise and
assist them in the performance of their duties and shall be responsible
for their general appearance, good order and discipline.
B. A Sergeant,
when placed in command of the Department, shall have all of the powers
and be subject to all of the duties of the Chief.
C. He shall
immediately and carefully note and fully and promptly report in writing
to the Chief or commanding officer every violation or neglect of duty
by any patrolman, and failure so to report shall be sufficient cause
for reduction in rank, suspension or discharge from the service.
D. Inspections.
(1) The Sergeant shall inspect each patrolman on the tour of duty and
see that he is in proper physical condition, neat in person and suitably
and properly uniformed, and that he has with him his revolver and
regulation equipment.
(2) He shall then read to them or give them orally all special instructions
and orders, descriptions of persons to be apprehended and of vehicles
reported as stolen, and give them other such general and particular
instructions as are necessary.
(3) Sergeants shall also once in each month specially inspect the revolver
of each patrolman on their respective shift and record their findings
in a book kept at headquarters for this purpose.
E. When not
on regular hours of duty, a Sergeant may be absent from the Town,
but when absent he shall keep the officer in charge of headquarters
informed of his whereabouts and how he can be reached by telephone.
A. Patrolmen
shall fully acquaint themselves with all parts of the Town and the
streets, buildings and structures therein. They shall also note all
removals thereto or therefrom and observe the inhabitants sufficiently
to be able to recognize them, but in so doing they shall not intrude
upon the privacy of any person.
B. They shall
furnish such information and render such aid to all persons when requested
as is proper and consistent with duty, and upon hearing a call for
assistance shall proceed speedily to render it.
C. They shall
courteously and carefully inform travelers, upon request, as to the
most direct and convenient routes to their places of destination.
D. They shall
see that the sidewalks are not obstructed to the inconvenience of
travelers by persons loitering thereon, watch persons who improperly
accost persons of the opposite sex and do all in their power to protect
women and girls from insult or annoyance. They shall strictly observe
the conduct of all persons of known bad character, fix such mental
impressions as will enable recognition of them to be made when met
on the street at night, note their movements and the premises they
enter, learn their names, residences, occupations and report to the
officer in charge at headquarters any and all information obtained.
E. Every patrolman
shall take particular notice of all places where intoxicating liquors
are sold, dance halls and other places of public amusement, all licensed
persons and places within the Town, and also all suspected gambling
houses, prize fighting places, mock auction rooms, vendors of lottery
tickets and houses of ill fame, and keep a list thereof in his book
for reference and report fully to the Chief in relation thereto.
F. Streets.
(1) Patrolmen shall be vigilant in observing the condition of the public
streets to see that they are safe and convenient for the public travel,
and that no defects, or obstructions are suffered to remain therein.
(2) Whenever a police officer discovers a defect or obstruction in a
public street which may cause accidents, he shall at once remove it
or, if he cannot remove it, take immediate measures to prevent accidents
by erecting suitable guards and displaying lighted lanterns at night
and as soon as possible notify the Chief or the officer in charge
at headquarters of the circumstances.
(3) Patrolmen shall note and report all street lamps that are out of
repair or are not lighted at proper times, or too early extinguished;
examine all building construction, repair and alteration and all openings
in public ways of every kind and nature and ascertain whether proper
permits have been obtained and posted, and if noncompliance with the
law be found report the same in writing; note and report any building
where any noisome, dangerous or unwholesome trade is carried on; take
notice of all ashes, garbage, dead animals, or other offensive matter
thrown into the streets, streams or ponds; or where the streets are
improperly obstructed ascertain the names of any persons offending
and report the same to the Chief or to the officer in charge at headquarters;
and report all nuisances and other matters affecting the safety and
convenience of the public or the interests of the Town.
G. They shall
observe the condition of all dwellings, houses and other buildings
on their patrol and be vigilant to protect them from injury and depredation.
At least once on each tour of duty, they shall try the outer doors
of closed stores and commercial buildings that are at the time not
open for business, and at night, the outer doors of occupied dwelling
houses whose occupants are known to be away from the Town. If no responsible
person is in the building that is found unsecured, doors and/or windows
shall be made fast and the owner, occupant or agent of the building
promptly notified.
H. When a
way becomes blocked by vehicles, the patrolman at or near the place
blocked shall use his best efforts to restore the flow of traffic
and if the stream of travel is continuous, he shall open the way for
foot travelers wishing to cross, attending especially to women, children
and aged persons.
I. When a
patrolman has knowledge of any disturbance, he shall use his best
efforts to restore peace and good order.
J. No patrolman
shall, during his tour of duty, enter any store, house, shop, or other
building except in the performance of his duty and in such cases shall
remain no longer than duty requires, nor shall any patrolmen have
in his possession, without the consent of the Chief of Police, or
other officer in charge at headquarters, a key to any premises upon
or near his route.
K. No patrolman
or other officer of the Department shall, while on duty or while in
uniform, drink intoxicating liquor (except in the immediate performance
of his duty) or enter any place in which intoxicating liquor is sold
or furnished. Smoking in any form while in uniform and either walking
or standing on a public way is strictly prohibited.
L. Any property
which may come into the possession of a patrolman in his official
capacity shall be carefully preserved, marked and delivered by him
without delay to the officer in charge at headquarters.
M. A patrolman
may act officially in criminal matters only; he shall therefore render
no assistance in any civil case whatever except to prevent a breach
of the peace or to suppress a disturbance actually commenced. On such
occasions, he shall merely take into custody persons disturbing the
peace.
N. Every patrolman
shall keep a private daily record of his work and enter therein all
matters of importance in work in which he is engaged in his official
capacity, whether occurring on his route, at court, or elsewhere,
and also any other matters of importance connected with his duty which
comes to his knowledge.
O. Every patrolman
shall each day, at such times as shall be appointed, make report to
the officer in charge at headquarters of all that he has done, and
all important information that has come to him during the previous
24 hours, or since his last report, exhibiting his notebook, if requested.
P. Any patrolman
detailed for special duty who fails to report promptly therefor may
be temporarily suspended, and if upon investigation it appears that
there was no justifiable excuse or reason for such failure, charges
shall be preferred against him.
Q. He shall
report to headquarters in time to receive his orders prior to going
on his tour of duty, and shall not be absent without leave.
A. Every special
police officer appointed by the Board of Selectmen shall, during the
term of his appointment, wear the badge prescribed by the Chief and
carry a copy of these rules with all amendments thereof, and shall
return them to the Chief upon the expiration of such term.
B. Special
police officers are subject to these rules and regulations so far
as they relate to general conduct and the performance of policy duty,
and when acting under orders of the Chief are subject to these rules
and regulations in every respect.
C. Special
police officers are appointed subject to being ordered temporarily
to regular police duty. While so acting, they shall have all the powers
and be subject to all the duties of the permanent officers of the
Department.
D. Every special
police officer shall make a written report at such intervals as shall
be from time to time prescribed by the Chief, which shall contain
a statement of every official act performed by him during the period
of the report.
E. Special
police officers will be deprived of their appointment by the Board
of Selectmen for violations of these rules and regulations, neglect
of duty or unfitness for office.
A. It is the
duty of every police officer to be familiar with the law relating
to arrest, whether with or without warrants, and he will be held to
strict compliance therewith.
B. An officer
who has a warrant placed in his hand for execution should scrutinize
it carefully to ascertain:
(1) Whether it is issued by a magistrate having jurisdiction of the subject
matter.
(2) Whether it is properly sealed and directed.
(3) Whether he is authorized to execute it.
(4) What his powers are under it.
C. All arrest
warrants, except indictment warrants, remaining unserved for six months
shall be returned to court, unless otherwise ordered by the Chief.
Note of the return shall be made in the warrant book.
D. In arresting
a person, no more force shall be used than is absolutely necessary
for the safe custody of the prisoner, or for overcoming any resistance
made. Any abuse of prisoners, either by word or act, will be severely
punished.
E. If any
officer finds his personal efforts insufficient to effect an arrest
or if he has reason to believe that resistance will be made, he may,
in the name of the commonwealth, demand the aid of any citizen present.
F. Every person
arrested for any cause shall be taken at once to headquarters or to
an authorized place and registered.
G. When any
person charges another with a felony and insists that the person so
charged shall be taken into custody, the officer, if he arrests the
person so charged, shall require the accuser, if unknown to him, or
if there is other sufficient reason, to go with the accused to headquarters.
H. Every person
taken into custody by an officer, with or without a written warrant,
must be taken before the court at its next sitting. If taken on a
warrant, the arresting officer must make a return over his own signature.
I. Every person
arrested has a right to know from the officer who arrests or claims
to detain him the true ground on which the arrest is made; and an
officer who refuses to answer a question relative to the reason for
such arrest, or answers such questions untruly, or assigns to the
person arrested an untrue reason for the arrest, or neglects on request
to exhibit to the person arrested, or to any other person acting in
his behalf, the precept by virtue of which such arrest has been made,
is punishable by fine or imprisonment.
J. Every officer
shall at all times have with him a book in which he shall enter the
names of persons arrested by him, with such particulars as may be
important in the trial of the case.
K. Every person
taken to headquarters under arrest shall be immediately placed before
the officer in charge, who shall enter the arrest in the arrest book,
search the prisoner and examine him for bruises, cuts and other injuries
and see that he is placed in a cell with no more force than is necessary
to overcome resistance and without unnecessary or improper talk. The
officer in charge will be held strictly accountable for the thoroughness
of the search of all prisoners and he shall see that any articles
which might be used for self destruction are taken from them. He shall
be responsible for property taken from prisoners, and the making of
proper records thereof and also for compliance with the law relative
to examination and report.
L. When an
arrested person is found to be suffering from injuries such as to
require medical or surgical attention, a physician shall be called
without delay.
M. Persons
under arrest shall be made as comfortable as possible; they shall
be supplied with water to drink and the officer in charge of headquarters
shall visit or cause to be visited all persons in custody at least
once in every hour during the night.
N. Every person
under arrest shall be given proper facilities for notifying his family,
friends or a bail commissioner, but no expense shall be incurred on
behalf of the Town for such purpose, nor shall any member of the force
accept a fee for rendering any service to such persons.
O. No member
of the Department shall recommend to a prisoner the employment of
any person as attorney or counsel, or suggest or name any lawyer or
other person to a prisoner with a view to his defense subsequent to
the arrest.
A. Every officer
having a case in court shall have it property prepared, the witnesses
in attendance and all exhibits to be offered in evidence in the courtroom,
properly and conveniently arranged for presentation, before the coming
in of the court. When his presence in court is no longer required,
he shall return promptly to headquarters and report to the officer
in charge the disposition made of all cases in his charge.
B. Every officer
attending court shall be punctual in attendance, wear his regulation
uniform and be clean and neat in appearance; except, however, that
special police officers and officers detailed for special service
may, with the approval of the Chief, appear in plain clothes. He shall
conduct himself with decorum and be attentive and respectful to the
court and all persons present. When addressing the court, testifying
or examining witnesses, he shall speak calmly and distinctly and so
that he may be clearly heard not only by the court and jury, if any,
but by all persons present in the courtroom. In testifying, he shall
be explicit, strictly accurate and, while avoiding hearsay testimony
and irrelevant facts, state the whole truth without understating or
overstating the slightest particular and without fear or favor, being
particularly careful that he be not influenced by ill will toward
any defendant at whose hands he may have suffered injury. When examining
witnesses and addressing the court, officers shall stand in front
of the clerk's desk unless otherwise directed by the court.
C. No officer
shall testify in a civil or criminal case in any court unless legally
summoned as a witness or unless he shall have received permission
or order so to do from the Board of Selectmen or the Chief.
D. No member
of the Department shall give any information, except as a witness
duly summoned, relating to any action or proceeding in which the Town
is a party except with the approval of the Town Counsel or permission
of the Board of Selectmen.
A. Whenever
an officer discovers or is made aware of a fire beyond his control,
he shall immediately, and without first attempting to extinguish it,
ring an alarm from the nearest fire alarm box, unless he knows that
an alarm has already been rung, and shall notify police headquarters.
He shall then see that by or by another trustworthy person left at
the box the firemen are properly directed. However, if an alarm can
be sounded in a shorter period of time by so doing, the officer discovering
the fire shall, instead of ringing the nearest fire alarm box, immediately
call police headquarters and notify the officer in charge to ring
the alarm at police headquarters. He shall inform headquarters of
the exact location of the fire and if possible the nature of the fire.
The officer in charge shall immediately ring the alarm at headquarters
and call fire headquarters and report the location and nature of the
fire. He shall note the time of an alarm whenever given by himself
or by another person in his presence, and any matters of seeming importance
connected therewith or with the fire itself.
B. When an
alarm of fire is rung, the officer in charge of headquarters shall
immediately dispatch to the fire such police force as may be available,
it shall be the duty of the officer in command of such force, upon
his arrival at the fire, to confer with the officer or firefighter
in charge of the firemen and receive from him designated fire lines.
The designated area shall then be cleared of vehicles and persons,
and if necessary roped off in order that the firemen may not be obstructed
in their work. In case of a second and general alarm, all officers
not on street duty shall promptly report for duty at the fire. Patrolmen
on street duty shall immediately call headquarters. Upon arriving
at the fire, each officer will report to the police officer in command,
who shall take his name and report the same at police headquarters.
The officer in charge of the police force at the fire shall see that
proper police assistance is provided until the fire is extinguished
or until dismissed by the officer or firefighter in charge; however,
if because of a greater emergency the police force must leave the
scene of a fire, such leave must not be taken before first reporting
it to the officer of firefighter in charge.
A. In all
cases of accidents, and of sickness occurring in the streets or other
public places, the police are to render all needed assistance in their
power by sending for medical aid, or by helping the sufferers to their
homes or to hospitals, and they shall also notify headquarters if
the ambulance or other vehicle appears necessary. Upon the arrival
of a physician, the officer in rendering aid shall act under his instructions,
but police officers are expected to be competent to render first aid
in such cases, before the arrival of a physician.
B. Police
officers shall give particular attention to all cases of drowning
or apparent drowning coming to their knowledge and use every means
in their power to resuscitate persons taken from the water.
C. Whenever an officer becomes aware of an accident involving a motor vehicle or vehicles on his route, or on an adjoining route if the officer patrolling it is not nearby, he shall go to the scene of the accident, follow the instructions in Subsection
A and in addition take charge of the scene until the arrival of a superior officer and arrange and divert traffic to relieve and prevent congestion until the arrival of a superior officer.
D. Whenever
a police officer shall find a dead body or learn of any death by violence,
he shall immediately notify the officer in charge at headquarters
and take and follow his instructions in relation to further action.
The officer in charge shall at once notify the medical examiner of
the district.
E. A police
officer, upon discovering a dead body or a person who appears to have
been injured by violence, shall, if the circumstances indicate the
commission of a crime, at once note all particulars, take the names
of all persons present, or who may have any knowledge of the affair,
and if necessary detail for the time being any persons whose testimony
in his judgment might be needed in establishing any fact or clearing
any doubt in connection with the case, and as soon as possible notify
the officer in charge at headquarters in relation thereto.
F. Police
officers shall make full reports in writing on accident blanks of
all accidents and injuries to persons or property which come to their
notice, and such reports shall be entered on the journal. When it
is alleged or it appears that an injury to persons or property has
been caused or may have been caused by defects or obstructions in
the public streets, they shall take immediate measures to obtain all
information relating to the cause of the accident and the nature and
extent of the defect or obstruction, if any, and cause the Director
of Public Works to be notified.
A. Any patrolman
who finds a child who has strayed or has been abandoned shall take
or send it to its home if known and within the Town, or otherwise
to headquarters.
B. When a
lost or abandoned child comes or is brought to headquarters, the officer
in charge shall enter upon the journal a description of the child,
the time when and the place where it was found, and such other particulars
as may serve to identify it.
C. He shall,
if the child is identified while in his care, send notice immediately
to its parents, guardian or relatives.
D. If, after
a reasonable time has elapsed, the child is not called for or identified,
the officer in command shall notify at once the Department of Public
Welfare to take over the custody of the child.
A. The Chief
shall, upon proper requisition, supply the members of the Department
with badges, buttons, wreaths, numbers, belts, clubs, revolvers, uniforms,
and other equipment, all of which shall remain the property of the
Town and be returned to headquarters when the member of the Department
having them in his possession shall cease to be a member, or whenever
he shall be ordered to return them by the Chief, or as otherwise directed
in these rules.
B. All uniforms
and parts of uniforms shall strictly conform to standard specifications
and regulations established or approved by the Board of Selectmen.
C. Each garment
shall be inspected by the Chief to see that it conforms to the standard
specifications and regulations before it is worn. Uniforms and parts
of uniforms not made in accordance with the specifications and regulations
will be rejected. The Chief or superior officer shall frequently examine
the condition of uniforms worn on duty and condemn any that may be
unfit for service, and shall cause such uniforms to be replaced.
D. Every
member of the Department shall wear upon both sleeves of his uniform
coat a stripe for every five years of his service as a police officer
of the Town.
E. Every
police officer shall carry his badge upon his person at all times,
and when on duty it shall be worn on his uniform.
A. The police
building, referred to in these rules as "headquarters," is to be used
exclusively for police business and for no other purpose except by
direction of the Board of Selectmen and the Chief of Police. Headquarters
shall not be left in charge of an officer who is unable to use the
telephone and attend to the signal apparatus.
B. Civility,
courtesy and attention shall be shown to every person visiting the
headquarters on proper business. Persons not having such business
and those whose business has been finished will not be allowed to
remain. No persons except police officers in charge or persons authorized
by the Chief shall be allowed to enter behind the rail in the general
office. No person shall be allowed in headquarters to sell goods or
to offer them for sale, or to canvass or solicit for any purpose without
written permission from the Board of Selectmen or the Chief. The officer
in charge of headquarters for the time being shall be charged with
the proper determination of any question arising under this rule and
its enforcement.
C. Telephones
shall be used for police business only and the strictest economy,
consistent with due regard for the comfort of the officers and proper
transaction of business, shall be observed in the use of fuel, gas
and electricity; and care shall be taken that the property of the
Town is not wasted, injured or destroyed.
D. There
shall be no parking of vehicles in the driveway leading to police
headquarters.
E. No article
of furniture, picture, print, statue or advertisement shall be brought
into headquarters for use or used therein unless supplied by the Department
or authorized by the Chief.
F. No intoxicating
liquor, other than such as may be held after search or as evidence,
shall be brought into headquarters upon any pretext, except when ordered
by a physician.
G. No games
of chance for stakes or wagers shall be played in headquarters and
no officer, while on duty in charge thereof, shall play at any game.
H. Cells
shall be kept clean and well ventilated. Doors of cells in which prisoners
are confined shall be carefully locked and bolted, and keys kept in
the office. No person shall be allowed to visit the cells without
permission of the officer in charge and accompanied by an officer
designated for the purpose.
I. No original
books, records, or other property of the Department shall be given
to any person or taken from the headquarters, except by permission
of the Chief or officer in charge. A record of any book, record or
other property taken, together with the name of the person taking
it and the time of taking, shall be recorded on the blotter; and an
entry shall be made on the blotter when it is returned.
A. The Chief
shall have charge of all motor vehicles assigned for use by the Police
Department and shall designate routes for the patrol cars and other
motor vehicles. He shall make a monthly report to the Board of Selectmen
concerning the condition of each vehicle.
B. The police
garage shall be at all times kept clean and neat, and all motor vehicles
shall be kept clean and well polished.
C. No motor
vehicle assigned for use by the Department shall be used for any purpose
other than police work, nor shall any such motor vehicle be driven
beyond the Town limits, except in emergency, or in line of duty and
then only with the consent of the Chief or officer in charge.
D. Any officer
detailed for duty on, or using any motor vehicle, belonging to or
in use by the Department shall be responsible for its cleanliness,
careful use and good order, and it shall be his duty to see that it
is properly equipped, has sufficient gasoline, oil and water, and
that the tires are properly inflated, and to report forthwith to the
Chief, superior officer or officer in charge upon the discovery of
any mechanical defect or insufficient or defective equipment. If two
officers are detailed for duty on or are using the same motor vehicle,
the senior officer of the same rank shall be in charge.
E. No taxicab
or private automobile shall be hired for Department work except by
direct order of the Chief.
F. No person
shall be allowed to ride in Department motor vehicles unless for police
purposes. Patrol cars shall not be used to transport adult persons
from one city or town to another, but children under 17 years of age
who have run away from their homes may be carried therein. The officer
in charge of the car shall report to his commanding officer in writing
the name of any person, except officers of rank, riding in motor vehicles,
together with the reason therefor and the length of time.
G. No person
except a member of the Department shall be allowed to remain in the
garage without permission of a superior officer.
A. Every
officer shall be paid weekly for his services in accordance with these
rules.
B. No officer
shall sell or assign his pay, or give a power of attorney for the
collection thereof, except by permission of the Board of Selectmen.
C. Upon recommendation
of the Chief and by the approval of the Selectmen, for outstanding
performance in the line of duty the Chief shall grant a member of
the Department a leave of absence with pay not to exceed three days.
A. Assignment.
(1) Officers detailed to attend civic, patriotic, political or other
public meetings or assemblies, for the preservation of order, shall
perform the duties assigned to them as a matter of duty. The Chief
may, in his discretion, however, detail officers to attend private
or semi-public meetings or assemblies at the request of the promoters
thereof. Officers so detailed may, if the assignment is determined
by the Chief to be a paying detail, receive pay from such promoters
for their services.
(2) If in any case the Chief shall be in doubt whether any assignment
is properly a paying detail, he shall refer the matter to the Board
of Selectmen for determination.
B. Staffing.
(1) Intermittent and special officers shall be subject to the authority
of the Chief of Police and shall be detailed by him for duty. In the
case of special paid details, intermittent and special officers shall
be used only after regular members of the Department who will be available
have refused the assignment.
(2) Regular paid details shall be posted in the police station and shall
be assigned to regular officers who will be available for the occasion.
The list of officers shall be established with superior officers at
the top followed by those patrolmen in the order of their length of
service. The object of this section is to provide as near as equal
distribution of paid details amongst the regular force as possible.
Each officer assigned a detail must initial the detail sheet at least
48 hours in advance signifying his intent to accept the assignment.
If a police officer refuses a detail or fails to initial the list,
he shall be passed over until the list has been processed and it is
his turn again. If a regular police officer fails to accept a paid
detail or if no regular officers are available, the Police Chief shall
then assign special or intermittent officers.
C. The status
of an officer assigned to a paying detail is not changed by the method
of payment for his services. His duty is to preserve order and he
is not to act as ticket-taker, door keeper or render other assistance
except momentarily as courtesy may require.
D. In labor
disputes and other cases where two or more private interests are opposed,
details of officers shall be made in such force as to ensure the preservation
of order and the protection of the legal rights and property of all
concerned. No charge shall be made for such service, but if any person
or group of persons shall request police protection for his or its
private premises in excess of that generally afforded, a paying detail
may be made subject to the following conditions:
(1) The protection of the general public shall not be reduced thereby.
(2) Officers so detailed shall be carefully instructed that notwithstanding
the payment to be received they are under obligation to the person
or persons paying them but are to perform their police duties with
entire impartiality.
(3) Such officers shall accept no gratuities except refreshments when
none can be bought by them within a reasonable distance from their
posts.
E. Payment
for services on paying details shall be at rates to be established
from time to time by the Board of Selectmen.
F. Payment
may be made to patrolmen or the Chief. If payment is received by the
latter, he shall turn it over without delay or deduction to each officer
entitled thereto, giving a receipt therefor to the payer and taking
a receipt from the payee, which shall specify the dates, places and
hours of service, the officer or officers rendering it, and the rates
charged, and the Chief shall keep a separate account book containing
the same information.
A. Procedure.
(1) Complaints against members of the force made by other members must
be in writing. When the complainant is not the Chief, the complaint
shall be entered in the journal, and the officer in charge shall within
24 hours thereafter make charges and specifications founded upon such
complaint and forward them to the Chief for transmission to the Board
of Selectmen.
(2) Officers in charge shall similarly forward charges and specifications
founded on matters within their own knowledge, or on information received
by them touching supposed violations of the rules, to the Chief.
B. A member
of the force who believes that his reputation has been injured by
rumors or assertions without specific charges may apply to the Board
of Selectmen in writing for an inquiry through the Chief.
C. Disposition.
(1) Whenever a complaint is made at headquarters against a member of
the force by a person who is not a member thereof, the officer in
charge shall reduce it to writing, enter it in the journal and promptly
refer it to the Chief. When such a complaint is made to the Board
of Selectmen, it may be referred, in the discretion of the Board,
to the Chief for investigation and report.
(2) If the nature of any complaint referred to the Chief is such that
he cannot properly dispose of it under the authority vested in him
by these rules, he shall present it in proper written form at the
regular meeting of the Board of Selectmen next after the completion
of his investigation.
D. When so
directed by the Board of Selectmen, the Clerk of the Board shall frame
charges, based upon the report, and notify the complainant to appear
and verify them by affidavit. Failure so to appear within four weekdays
shall be regarded as an abandonment of the charges and unless further
action in the interest of the Department is ordered by the Board of
Selectmen, they shall be quashed and not made part of the officer's
record.
E. Punishment
duty.
(1) Punishment duty, when ordered as a penalty for an offense, shall
be performed under the direction of the Chief or a superior officer
designated by him. It shall be in addition to all duty and assigned
special duty, and no officer performing punishment duty shall, on
that account, be relieved of any regular or extra work which he otherwise
would have done. Punishment duty must be useful, whether in the street
or at headquarters, as an addition to the effective strength or as
relief for other officers who have worked hard and faithfully. There
must, however, be no favoritism in assignments or relief. Punishment
duty shall be so assigned as not to subject the officer under punishment
to undue fatigue or otherwise unfit him for his regular or special
work; and except with his written consent, he shall not be compelled
to perform more than seven consecutive hours of punishment duty at
any time, more than 14 hours in four consecutive days, nor more than
21 hours in seven consecutive days, nor to perform such duty within
two hours before or after a tour of regular or special duty.
(2) Whenever any portion of the punishment duty as ordered has been performed,
the officer assigning it shall report to the Chief in the next daily
return the name of the officer, the number of hours, and the character
of the work done; and when the sentence has been completed, he shall
so certify in such form as the Chief shall prescribe.
F. Any police
officer against whom a complaint has been made, who shall attempt,
directly or indirectly, by threat, appeal, persuasion, or the payment
or promise of money, to secure the withdrawal or abandonment of such
complaint, or to prevent the attendance of witnesses, or who at any
time before final judgment shall cause any person to intercede personally
or by letter, in his behalf, with the Board of Selectmen or with the
Chief shall be deemed guilty of conduct unbecoming an officer.
A. The ambulance
owned by the Town of Lynnfield shall be assigned to the Police Department,
which Department shall be held responsible for its care and maintenance.
B. The Chief
of Police will be responsible to the Board of Selectmen for the observance
of these regulations and such other regulations as may be adopted
by the Board of Selectmen from time to time governing the use of the
ambulance.
C. Ambulance
service may be furnished to anyone in an emergency; and when no emergency
exists but some sick person desires to be taken to a hospital, transportation
shall be furnished only if the patient cannot be moved safely, or
without suffering, by other available means. In other cases, residents
of the Town should not request or expect the use of the Town ambulance.
In no event shall the use of the ambulance be afforded except to take
persons to hospitals in Lynnfield and adjoining towns. The greater
the distance the greater shall be the emergency requiring it.
A. Although
certain hours are allotted to the respective members for the performance
of duty on ordinary occasions, yet at all times they must be prepared
to act immediately on notice that their services are required. Punctual
attendance, prompt obedience to orders and conformity to the rules
of the Department shall be rigidly enforced.
B. Every
member of the Department shall at all times be neat in person and
keep his uniform clean and in presentable condition, the buttons,
badge and metal trimmings bright, and his shoes clean. When his dress
becomes soiled or disarranged, it shall be put in proper condition
as soon as circumstances permit.
C. Police
officers shall be drilled in such manner, by officers, and at such
hours and places, as the Chief may direct. When proceeding in a body
to perform any duty, or when returning therefrom, they shall march
in military order.
D. No member
of the Department shall fail to take action immediately necessary
at any time or in any place for the preservation of the peace and
good order or for the public safety because such action may be the
assigned duty or duty or duty under the rule of another officer not
present or who being present is unable or fails to act.
E. Coolness
and firmness will be required of every officer in all cases, and in
time of extreme peril the police must be careful to act together and
to protect each other in the restoration of peace. Whoever shrinks
from danger or responsibility when duty requires him to meet it is
unworthy of a place in the service. Officers shall not use their clubs
except in self defense or in cases of forcible or violent resistance
to them in the discharge of duty.
F. Every
member of the Department shall in all things observe and comply with
the law, conform strictly to the rules and regulations of the Department,
respectfully and promptly obey the commands and orders of his superior
officers and perform his duty with zeal, courage, discretion and fidelity.
Every member of the Department shall, in his conduct and deportment,
be quiet, civil and orderly, control his temper and exercise the utmost
patience and discretion, at all times refrain from harsh, violent,
coarse or profane language, and when questioned be courteously attentive
and answer clearly and civilly, not unnecessarily prolonging the conversation,
however. He shall treat his superiors with respect, and his demeanor
to his associates on the force shall be courteous and considerate,
guarding himself against jealousy, envy, or other unfriendly feeling
and refraining from all communications to their discredit except to
his superior officers, to whom it is his duty to report every neglect
or disobedience of orders on their part that may come to his knowledge.
G. Members
of the Department shall avoid all religious and political discussions
at headquarters or elsewhere while in uniform; they shall not interfere
or make or attempt to make use of their influence in elections or
political conventions; and in political matters they shall do no more
than exercise the right of suffrage as citizens.
H. No member
of the Police Department shall be a member of or affiliated with any
organization or association of organized labor except such independent
organizations within the Department as may be approved by the Board
of Selectmen.
I. No member
of the Police Department shall be a member of or affiliated with any
organization the principles or practices of which are opposed to the
laws or the enforcement of the laws of the United States or the Commonwealth
of Massachusetts, or opposed to the established forms of government
therein or are or may be prejudicial to the conscientious performance
of the duties of a police officer or inimical to the discipline of
the Department.
A. A patrolman
assigned to radio-patrol car duty shall adhere to the rules prescribed
for such type of service, and shall be subject to all rules and regulations
prescribed for all police officers.
B. Any police
officer who operates a radio transmitter is subject to the rules and
regulations of the Federal Communications Commission. The following
three violations of the rules of that Commission are punishable by
heavy fines or imprisonment, or both:
(1) Willful damage to radio apparatus, or permitting radio apparatus
to be damaged.
(2) Transmission of superfluous radio communications or signals, or radio
communications containing profane, obscene or indecent language.
(3) Willful or malicious interference with other radio communications
or signals.
C. All transmissions
on the air should be brief and to the point. Talk into the transmitter
as if it were an ordinary telephone. Do not shout.
D. Notify
the dispatcher when you are going off the air, giving location of
the car and the reason for going off the air.
E. Officers
shall report in writing to their commanding officer the names of any
unauthorized persons riding in the radio-patrol car, together with
the reason therefor, and the time.
F. Officers
assigned to the radio-patrol car shall have their receiving set in
operation at all times during their tour of duty. They shall not leave
the radio-patrol car unattended except after notifying the dispatcher
and locking the car.
G. The radio-patrol
car shall proceed to an assigned location by the most direct route,
and the speed of the car, at all times, shall be regulated with due
regard to the safety of the public.
H. A radio-patrol
car shall be called three times only by the dispatcher. If the car
fails to answer after the second call, the dispatcher will notify
the Chief for an investigation and report.
I. The radio-patrol
car shall be equipped with a book, or similar permanent record, for
entering therein the registration numbers of stolen cars, including
those broadcast by the dispatcher. This record shall be properly kept
and revised as certain stolen cars are reported as recovered. The
Chief will inspect such record from time to time to ascertain if the
record is proper and in order.
J. All officers
of the Department shall be licensed by the Registry of Motor Vehicles
to operate motor vehicles.