Officers shall not commit any acts or omit any acts which constitute
a violation of any of the rules, regulations, directives or orders of the
Department, whether stated in this general order or elsewhere.
Officers shall conduct themselves at all times, both on and off duty,
in such a manner as to reflect most favorably on the Town of Cornwall Police
Department. Conduct unbecoming an officer shall include that which brings
the Town of Cornwall Police Department into disrepute or reflects discredit
upon the officer as a member of the Department or that which impairs the operation
or efficiency of the Department or officer.
Officers shall maintain a level of moral conduct in their personal and
business affairs which is in keeping with the highest standard of the law
enforcement profession. Officers shall not participate in any incident involving
moral turpitude which impairs their ability to perform as law enforcement
officers or causes the Department to be brought into disrepute.
A.
Officers shall obey all laws of the United States and
of any state or local jurisdiction in which the officers are present.
B.
A conviction or a finding of guilty of any offense, infraction
or violation of any law or a violation of any state, federal or municipal
regulations shall be prima facie evidence of a violation of this section.
Officers shall report for duty at the times and place required by assignment
or orders and shall be physically and mentally fit to perform their duties.
They shall be properly equipped and cognizant of the information required
for the proper performance of duty so that they may immediately assume their
duties. Judicial subpoenas shall constitute an order to report for duty under
this section.
Officers shall not read, play games, watch television or movies or otherwise
engage in entertainment while on duty, except as may be required in the performance
of duty. They shall not engage in any activities or personal business which
would cause them to neglect or be inattentive to duty.
Officers shall not feign illness or injury, falsely report themselves
ill or injured or otherwise deceive or attempt to deceive any official of
the Department as to the condition of their health.
Officers shall remain awake while on duty. If unable to do so, they
shall so report to their superior officer, who shall determine the proper
course of action.
Officers shall not leave their assigned duty post during a tour of duty
except when authorized by proper authority and/or properly relieved.
Officers shall be permitted to suspend patrol or other assigned activity,
subject to immediate call at all times, for the purpose of having meals during
their tours of duty, but only for such period of time and at such times and
place as established as departmental procedures.
Officers shall maintain sufficient competency to properly perform their
duties in a manner which will maintain the highest standard of efficiency
in carrying out their functions and objectives of the Town of Cornwall Police
Department. Unsatisfactory performance may be demonstrated by lack of knowledge
of the application of laws required to be enforced; an unwillingness or inability
to perform assigned tasks; the failure to conform to work standards established
for the officer's rank, grade or position; the failure to take appropriate
action on the occasion of a crime, disorder or other condition deserving police
attention; or absent without leave. In addition to other indicia of unsatisfactory
performance, the following shall be considered prima facie evidence of unsatisfactory
performance: repeated poor evaluations or a written record of repeated infractions
of rules, regulations, directives or orders of the Town of Cornwall Police
Department.
A.
All officers may engage in off-duty employment, subject
to the following limitations:
(1)
Such employment shall not interfere with the officer's
employment with the Department.
(2)
Outside employment in the private sector security field
or employment in another Police Department shall not be authorized.
(3)
Officers shall submit a written request for off-duty
employment to the Chief of Police, whose approval must be granted prior to
engaging in such employment.
B.
Approval may be denied where it appears that the outside
employment may:
(1)
Render the officers unavailable during an emergency.
(2)
Physically or mentally exhaust the officers to the point
that their performance may be affected.
(3)
Require that any special consideration be given to scheduling
of the officers' regular tour of duty hours.
(4)
Bring the Town of Cornwall Police Department into disrepute
or impair the operation or efficiency of the Department or officer.
C.
In no event shall the Chief of Police be required or
mandated to approve any request for off-duty employment.
Officers shall not store or bring into any police facility or vehicle
alcoholic beverages, controlled substances, narcotics or hallucinogens except
alcoholic beverages, controlled substances, narcotics or hallucinogens which
are held as evidence.
Officers shall not possess or use any controlled substances, narcotics
or hallucinogens except when prescribed in treatment of officers by a physician
or dentist. When controlled substances, narcotics or hallucinogens are prescribed,
officers shall notify their superior officer.
A.
Officers shall not consume intoxicating beverages while
in uniform or on duty except in the performance of duty and while acting under
proper and specific orders from the Chief of Police.
B.
Officers shall not appear for duty or be on duty while
under the influence of intoxicants to any degree whatsoever or with an odor
of intoxicants on their breath.
Officers, while off duty, shall refrain from consuming intoxicating
beverages to the extent that it results in or renders the officer unfit to
report for his next regular tour of duty.
Officers shall promptly obey any lawful orders of a superior officer.
This will include orders relayed from a superior officer by an officer of
the same or lesser rank.
Officers who are given an otherwise proper order which is in conflict
with a previous order, rule, regulation or directive shall respectfully inform
the superior officer issuing the order of the conflict. If the superior officer
issuing the order does not alter or retract the conflicting order, the order
shall stand. Under these circumstances, the responsibility for the conflict
shall be upon the superior officer. Officers shall obey the conflicting order
and shall not be held responsible for disobedience of the order, rule, regulation
or directive previously issued.
Officers shall not solicit or accept from any person, business or organization
a gift (including money, tangible or intangible personal property, food, beverage,
loan, promise, service or entertainment) for their own benefit or the benefit
of the officers or the Department, except with the authorization of the Chief
of Police.
A.
B.
Use of name, photograph or title. Officers shall not
authorize the use of their names, photographs or official titles which identify
them as officers in connection with testimonials or advertisements of any
commodity or commercial enterprise without the approval of the Chief of Police.
Officers shall not recommend or suggest in any manner, except in the
transaction of personal business, the employment or the procurement of a particular
product, professional service or commercial service.
Officers shall carry either shields or identification cards on their
person at all times, except when impractical or dangerous to their safety
or to an investigation. They will furnish their name and shield number to
any person requiring that information when they are on duty or while holding
themselves out as having an official capacity, except when withholding of
such information is necessary for the performance of police duties or is authorized
by proper authority.
Officers shall courteously and promptly report in writing any complaint
made by a citizen against any officer or the Department. Officers may attempt
to resolve the complaint but shall never attempt to dissuade any citizen from
lodging a complaint against any officer or the Department. Officers shall
follow established departmental procedures for processing citizens' complaints.
Officers shall be courteous to the public. Officers shall be tactful
in the performance of their duties, shall control their tempers and exercise
the utmost patience and discretion and shall not engage in argumentative discussions
even in the case of extreme provocation. In the performance of their duties,
officers shall not use coarse, violent, profane or insolent language or gestures
and shall not express any prejudice concerning race, religion, politics, national
origin, life-style or similar personal characteristics.
When any person applies for assistance or advice or makes complaints
or reports, either by telephone or in person, all pertinent information will
be obtained in an official and courteous manner and will be promptly and judiciously
acted upon consistent with established departmental procedures.
Officers shall avoid regular or continuous association with those individuals
who engage in criminal behavior, except as necessary to the performance of
official duties or where unavoidable because of another personal relationship
of the officer.
Officers shall not knowingly visit, enter or frequent a house of prostitution,
gambling house or establishment wherein the laws of the United States, the
state or local jurisdiction are regularly violated, except in the performance
of duty or while acting under the proper and specific orders from a superior
officer.
Officers shall not engage or participate in any form of illegal gambling
at any time except in the performance of duty and while acting under the proper
and specific orders from a superior officer.
A.
Officers shall not publicly criticize or ridicule the
Department, its policies or other officers by speech, writing or other expression,
which such speech, writing or other expression is defamatory, obscene, unlawful,
undermines the effectiveness of the Department, interferes with the maintenance
of discipline or is made with reckless disregard for truth or falsity.
B.
Officers shall not address public gatherings, appear
on radio or television, prepare any articles for publication, act as correspondents
to a newspaper periodical, release or divulge investigative information or
any other matter of the Department while holding themselves out as representing
the Department in such matters without proper authority. Officers may lecture
on police or other related subjects only with prior approval of the Chief
of Police.
A.
Officers on duty shall wear uniforms or other clothing
in accordance with established departmental procedures.
B.
Except when acting under proper and specific orders from
a superior officer, officers on duty shall maintain a neat, well-groomed appearance
and shall style their hair according to the following guidelines:
(1)
Male officers.
(a)
Hair must be clean, neat and combed. Hair shall not be
worn longer than the top of the collar at the back of the neck when standing
in normal posture. The bulk or length of the hair shall not interfere with
the normal wearing of all standard headgear.
(b)
Wigs or hairpieces are permitted if they conform to the
above standard for natural hair.
(c)
Sideburns shall be neatly trimmed, rectangular in shape
and shall not exceed lower than the ear lobe.
(d)
Officers shall be clean-shaven, except they may have
mustaches which do not extend below the upper lip line.
(2)
Female officers.
(a)
Hair must be clean, neat and combed. Hair shall not be
worn longer than the top of the shirt collar at the back of the neck when
standing with the head in normal posture. The bulk or length of hair shall
not interfere with the normal wearing of all standard headgear.
(b)
Wigs or hairpieces are permitted if they conform to the
above standard for natural hair.
Officers shall have telephones in their residences where contact can
be made by the Department and shall immediately report any changes of telephone
numbers or addresses to their superior officers and to such persons as may
be appropriate.
Officers shall treat the official business, knowledge, records and information
of the Town of Cornwall Police Department as confidential. Information regarding
such business, knowledge, records and information shall be disseminated only
to those for whom it is intended, in accordance with established departmental
procedure. Officers may not, without the authorization of a superior officer
of the rank of Sergeant or higher, remove or copy official records or reports
from a police installation. Officers shall not divulge the identities of persons
giving confidential information except as authorized by proper authority.
A.
Officers shall not interfere with cases being handled
by other officers of the Department or any other governmental agency unless:
B.
Officers shall not undertake any police investigation
or other official police action not part of their regular duties without obtaining
permission from their superior officer unless the exigencies of the situation
require immediate police action.
Officers shall submit all necessary reports on time and in accordance
with established departmental procedures. Reports submitted by an officer
shall be truthful and complete, and no officer shall knowingly enter or cause
to be entered any inaccurate, false or improper information.
Property or evidence which has been discovered, gathered or received
in connection with departmental responsibilities will be processed in accordance
with departmental procedures. Officers shall not convert to their own use,
manufacture, steal, falsify, destroy, remove, tamper with or withhold any
property or evidence in connection with an investigation or other police action,
except in accordance with established departmental procedure.
Officers shall not make any false accusations of a criminal, traffic
charge or departmental charges.
Officers shall utilize Police Department equipment only for its intended
purpose, in accordance with established departmental procedures, and shall
not abuse, damage or lose Department equipment. All Department equipment issued
to officers shall be maintained in proper order and it shall be the responsibility
of officers to comply with departmental procedures related to same.
Officers shall operate official vehicles in a careful and prudent manner
and shall obey all laws and all departmental orders pertaining to such operation.
Loss or suspension of any driving license shall be reported to the Department
immediately. The operator of a Department vehicle involved in an accident
shall immediately report such occurrence to a superior officer and shall adhere
to Department procedures related to same.
Officers shall carry firearms on duty in accordance with law and established
departmental procedures. Off-duty officers who carry a concealable firearm
shall do so in accordance with Department procedures.
Upon the order of the Chief of Police, the Chief's designee or
a superior officer, officers shall truthfully and nonevasively answer all
questions and provide all necessary written and oral reports required of them.
Upon the order of the Chief of Police or the Chief's designee,
all officers shall submit to any medical, ballistics, chemical or other tests,
photographs or lineups. All procedures carried out under this section shall
be specifically directed and narrowly related to a particular internal investigation
being conducted by the Town of Cornwall Police Department.
Officers shall not mistreat persons who are in custody. Officers shall
handle such persons in accordance with New York State law and departmental
procedures.
Officers shall not use more force in any situation than is reasonably
necessary under the circumstances. Officers shall use force in accordance
with New York State law and departmental procedures.
Officers shall not use or handle weapons in a careless or imprudent
manner. Officers shall use weapons in accordance with New York State law and
departmental procedures.
Officers shall not make any arrest, search or seizure which they know
is not in accordance with New York State law and departmental procedures.
A.
Officers shall be permitted to:
(1)
Register and vote in any election.
(2)
Express opinions as individuals privately on political
issues and candidates.
(3)
Attend political conventions, rallies, fund-raising functions
and similar political gatherings.
(4)
Sign political petitions as individuals.
(5)
Make financial contributions to political organizations.
(6)
Hold membership in a political party and participate
in its functions to the extent consistent with law and consistent with this
section.
(7)
Otherwise participate fully in public affairs, except
as provided by law, to the extent that such endeavors do not impair the neutral
and efficient performance of official duties or create real or apparent conflicts
of interest or duties.
B.
Officers are prohibited from:
(1)
Using their official capacity to influence, interfere
with or affect the results of any election.
(2)
Assuming active roles in management, organization or
financial activities of partisan political clubs, campaigns or parties in
the Town of Cornwall.
(3)
Serving as officers of partisan political parties or
clubs in the Town of Cornwall.
(4)
Becoming candidates for or campaigning for a partisan
elective public office affecting the Town of Cornwall.
(5)
Soliciting votes in support of or in opposition to any
partisan candidates within the Town of Cornwall.
(6)
Serving as delegates to a political party convention
affecting the Town of Cornwall.
(7)
Endorsing or opposing a partisan candidate for public
office in a political advertisement, broadcast or campaign literature within
the Town of Cornwall.
(8)
Initiating or circulating a partisan nominating petition
within the Town of Cornwall.
(9)
Organizing, selling tickets to or actively supporting
a partisan political party or candidate within the Town of Cornwall.
[Amended 9-25-1989 by L.L. No. 4-1989]
(10)
Addressing political gatherings in support of or in opposition
to a partisan candidate within the Town of Cornwall.
(11)
Otherwise engaging in prohibited partisan activities
on the federal, state, county or municipal level.
A.
Officers shall have the right to join labor organizations,
but nothing shall compel the Department to recognize or to engage in collective
bargaining with any such labor organization except as provided by law.
B.
Officers shall not engage in any strike. A strike includes
the concerted failure to report for duty, willful absence from one's
position, unauthorized holidays, the stoppage of work or the abstinence in
whole or in part from the full, faithful and proper performance of the duties
of employment for the purposes of inducing, influencing or coercing a change
in conditions, compensation, rights, privileges or obligations for employment.
A.
Officers shall respond to subpoenas or requests to testify
promptly as required by New York State law or as directed by the Town of Cornwall
Police Department's administrative staff. Failure to appear for a hearing
or court as ordered will constitute an unauthorized absence from duty.
B.
It shall be the responsibility of officers, when subpoenaed
or requested to testify in behalf of the defense in any criminal prosecution
or in behalf of the plaintiff or defendant in a civil matter in which the
village, town, county or state is a party thereto, to report immediately the
receipt of such subpoena or request to the Chief of Police before appearing
at any hearing or before entering into any discussion of the matter with anyone
other than the legal representatives of the village, town, county or state.
Officers shall strictly adhere to the chain of command, and no Police
Department member shall contact members of the Town of Cornwall Board with
a police-related problem except through regular channels or by permission
of the Chief of Police or his designee.
