A.
Law enforcement is an honorable calling. Service in this field demands
a professional rather than an occupational philosophy. Personal honor,
a desire for professional status, and devotion to service above self
are the motives which compel a police officer to discharge his responsibility
in full measure.
B.
A police officer's life is one of self-sacrificing service to a high
ideal, based upon his recognition of the responsibilities entrusted
to him and the belief that law enforcement is an honorable vocation.
He fully accepts his responsibilities to defend the right, to protect
the weak, to aid the distressed and to uphold the law in public and
private living. He accepts the obligation to report facts and to testify
without bias or display of emotion, and to consider all information
coming to his knowledge by virtue of his position, as a sacred trust,
to be used for official purposes only. He gives his loyal and faithful
attention to the identification and apprehension of criminals, being
equally alert to protect the innocent and prosecute the guilty. He
performs the functions of his office without fear, favor or prejudice
and does not engage in unlawful or improper practices.
C.
He does not disclose to unauthorized persons any information concerning
pending matters which might be prejudicial to the interests of the
state, the Town or the Department.
D.
He does not seek to benefit personally by any confidential information
which has come to him by virtue of his assignment. He is respectful
and courteous to all citizens. He is faithful and loyal to his organization,
constantly striving to cooperate with and to promote better relations
with all regularly constituted law enforcement agencies and their
respectives in matters of mutual interest and obligation.
E.
Rigid adherence to the principles set out above is mandatory for
anyone accepting a position in the Belvidere Police Department. Acceptance
of these principles should not be perfunctory; it should be weighed
carefully. Citizens are quick to criticize any misconduct of members
of the Department; the community places a trust in police officers
and expects them to so conduct themselves as to merit this trust.
Members should be proud to hold a position that demands so much.
F.
There must be a moral philosophy and strong appreciation of the need
for service in any profession. Unwavering adherence to such a moral
philosophy will earn for police officers the respect and support of
the public.
G.
Each member of the Belvidere Police Department will be required to
conform to the Law Enforcement Code of Ethics, as contained herein.
A.
Standard of conduct. Members and employees shall conduct their private
and professional lives in such a manner as to avoid bringing the Department
into disrepute.
B.
Loyalty. Loyalty to the Department and to associates is an important
factor in departmental morale and efficiency. Members and employees
shall maintain a loyalty to the Department and their associates as
is consistent with the law and personal ethics.
C.
Cooperation. Cooperation between the ranks and units of the Department
is essential to effective law enforcement. Therefore, all members
are strictly charged with establishing and maintaining a high spirit
of cooperation within the Department.
D.
Assistance. All members are required to take appropriate police action
toward aiding a fellow peace officer exposed to danger or in a situation
where danger might be impending.
General responsibilities:
A.
Members of the Department are always subject to duty, and they shall,
at all times, respond to the lawful orders of superior officers and
other proper authorities as well as calls for police assistance from
citizens. Proper police action must be taken whenever required. The
administrative delegation of the enforcement of certain laws and ordinances
to particular units of the Department does not relieve members of
other units from the responsibility of taking prompt, effective police
action within the scope of those laws and ordinances when the occasion
so requires. Members assigned to special duties are not relieved from
taking proper action outside the scope of their specialized assignment
when necessary.
(1)
Neglect of duty. Members and employees shall not commit any
act nor shall they be guilty of any omission that constitutes neglect
of duty.
(2)
Insubordination. Members or employees shall not commit acts
of insubordination. The following specific acts are prohibited by
this section:
(3)
Questions regarding assignment. Members and employees in doubt
as to the nature or detail of their assignment shall seek such information
from their supervisors by going through the chain of command.
(4)
Knowledge of laws and regulations. Every member is required
to establish and maintain a working knowledge of all laws and ordinances
in force in the Town, the rules and policies of the Department and
the orders of the Department thereof. In the event of improper action
or breach of discipline, it will be presumed that the member was familiar
with the law, rule or policy in question.
(5)
Performance of duty. All members and employees shall perform
their duties as required or directed by law, departmental rule, policy
or order, or by order of a superior officer. All lawful duties required
by competent authority shall be performed promptly as directed, notwithstanding
the general assignment of duties and responsibilities.
(6)
Obedience to laws and regulations. Members and employees shall
observe and obey all laws and ordinances, all rules and regulations
of the Department and all general or special orders of the Department.
(7)
Establishing elements of violation. Existence of facts establishing
a violation of a law, ordinance or rule is all that is necessary to
support any allegation of such as a basis for a charge under this
section. It is not necessary that a formal complaint be filed or sustained.
Nothing in this Manual of Rules prohibits disciplining or charging
members or employees merely because the alleged act or omission does
not appear herein, in departmental orders, or in laws and ordinances
within the cognizance of the Department.
(8)
Reporting violations of laws, ordinances, rules or orders. Members
and employees knowing of other members or employees violating laws,
ordinances, rules of the Department, or disobeying orders, shall report
same in writing to the Chief of Police via official channels. If the
member or employee believes the information is of such gravity that
it must be brought to immediate personal attention of the Chief of
Police, official channels may be bypassed.
(9)
Conduct toward superior and subordinate officers and associates.
Members and employees shall treat superior officers, subordinates
and associates with respect. They shall be courteous and civil at
all times in their relationships with one another. When on duty and
particularly in the presence of other members, employees or the public,
officers should be referred to by rank.
(10)
Criticism of official acts or orders. Members and employees
shall not criticize the official actions, instructions or orders of
any Department member in a manner which is defamatory, obscene, unlawful
or which tends to impair the efficient operation of the Department.
(11)
Manner of issuing orders. Orders from superior to subordinate
shall be in clear and understandable language, civil in tone and issued
in pursuit of departmental business.
(12)
Unlawful orders. No command or supervisory officer shall knowingly
issue any order which is in violation of any law or ordinance of departmental
rules.
(13)
Obedience to unlawful orders. Obedience to an unlawful order
is never a defense for an unlawful action; therefore, no member or
employee is required to obey any order which is contrary to federal
or state law or local ordinance. Responsibility for refusal to obey
rests with the member. He shall be strictly required to justify his
action.
(14)
Obedience to unjust or improper orders. Members or employees
who are given orders they feel to be unjust or contrary to rules and
regulations must first obey the order to the best of their ability
and then may proceed to appeal as provided below.
(15)
Conflicting orders. Upon receipt of an order conflicting with
any previous order or instruction, the member or employee affected
will advise the person issuing the second order of this fact. Responsibility
for countermanding the original instruction then rests with the individual
issuing the second order. If so directed, the latter command shall
be obeyed first. Orders will be countermanded, or conflicting orders
will be issued only when reasonably necessary for the good of the
department.
(16)
Reports and appeals: unlawful, unjust, improper orders. A member
or employee receiving an unlawful, unjust or improper order shall,
at first opportunity, report in writing to the Chief of Police through
official channels. This report shall contain the facts of the incident
and the action taken.
(17)
Gifts, gratuities, fees, rewards, loans, etc., soliciting. Members
and employees shall not under any circumstances solicit any gift,
gratuity, loan or fee where there is any direct or indirect connection
between solicitation and their departmental membership or employment.
This does not prohibit authorized solicitation of contributions to
the Patrolman Benevolence Association after proper authorization by
the County Prosecutor.
(18)
Acceptance of gifts, gratuities, fees, loans, etc. Members and
employees shall not accept, either directly or indirectly, any gift,
gratuity, loan, fee or any other thing of value arising from or offered
because of police employment or any activity connected with said employment.
Members and employees shall not accept any gift, gratuity, loan, fee
or other thing in value, the acceptance of which might tend to influence
directly or indirectly the actions of said member or employee or any
other member or employee in any matter or police business; or which
might tend to cast an adverse reflection on the Department or any
member or employee thereof. No member or employee of the Department
shall receive any gift or gratuity from other members or employees
junior in rank without the express permission of the Chief of Police.
(19)
Other transactions. Every member and employee is prohibited
from buying or selling anything of value from or to any complainant,
suspect, witness, defendant, prisoner or other person involved in
any case which has come to his attention or which arose out of his
departmental employment except as may be specifically authorized by
the Chief of Police.
(20)
Rewards. Members and employees shall not accept any gift, gratuity
or reward in money or other consideration for services rendered in
the line of duty to the community or to any person, business or agency
except lawful salary and that which may be authorized by law.
(21)
Disposition of unauthorized gifts, gratuities, etc. Any unauthorized
gift, gratuity, loan, fee, reward or other thing falling into any
of these categories coming into the possession of any member or employee
shall be forwarded to the office of the Chief of Police together with
a written report explaining the circumstances connected therewith.
(22)
Free admissions and passes. Members and employees shall not
solicit free admission to theaters and other places of amusement for
themselves or others except in the line of duty.
(23)
Debts: incurring and payment.
(a)
No member or employee shall borrow any money or otherwise become
indebted to any other member or employee.
(b)
Members and employees shall not solicit other members or employees
to cosign or endorse any promissory note or other loan.
(c)
No member or employee shall offer to act as a cosigner or endorser
of any promissory note or other loan for another member or employee.
(d)
Members and employees shall pay all just debts and legal liabilities
incurred by them promptly.
(24)
Intercession: soliciting. Members and employees shall not solicit
anyone to intercede with the Chief of Police, Police Commissioner,
Mayor or members of the Council in relation to promotion assignments,
disposition of pending charges or findings in a department trial or
other related matter. This shall not preclude, however, a member's
right to legal counsel or P.B.A. representation.
(25)
Persons and places of bad reputation. Members and employees
shall not frequent places of bad reputation, nor associate with persons
of bad reputation, except as may be required in the course of police
duty.
(26)
Withholding information. Members and employees shall not, at
any time, withhold any information concerning criminal activity.
A.
Prohibited activity on duty. Members and employees are prohibited
from engaging in the following activities while on duty, with exceptions
as noted:
(1)
Sleeping, loafing, idling.
(2)
Recreational reading (except at meals).
(3)
Conducting private business.
(4)
Carrying of newspapers or other articles (except in the performance
of police duty).
(5)
Drinking intoxicating beverages (except in performance of a
police duty, and then, only with the specific consent of a commanding
officer and never in uniform).
(6)
Gambling, unless to further a police purpose.
B.
Alcoholic beverages and drugs.
(1)
No member or employee of the Department will appear for or be
on duty under the influence of liquor or drugs or be unfit for duty
because of their excessive use.
(2)
Members or employees of the Department shall not drink any kind
of intoxicating beverage while on duty or take any drugs not duly
prescribed and necessary for health at any time.
(3)
Members or employees of the Department shall refrain from drinking
intoxicating beverages for a reasonable period before going on duty.
(4)
Members and employees shall not bring into or keep any intoxicating
liquor or drugs on Department premises except when necessary in the
performance of a police task. Liquor or drugs brought into department
premises in the furtherance of a police task shall be properly identified
and stored according to Department policy.
C.
Consumption of intoxicants. Members and employees shall not consume
intoxicants while on duty to the extent that evidence of such consumption
is apparent when reporting for duty, or to the extent that ability
to perform duty is impaired. Members shall not consume intoxicants
while on duty unless necessary in the performance of a police task
and then only with the specific permission of a commanding officer
and never in uniform.
D.
Loitering. All members on duty or in uniform shall not enter taverns,
theaters or other public places except to perform a police task. Loitering
and unnecessary conversation in such locations is forbidden. Eating
in a licensed liquor establishment, although not forbidden, is discouraged.
Members and employees off duty and not on any official standby shall
not loiter in Department areas.
E.
Military courtesy. When meeting in public, officers shall conform
to normal courtesy standards and refer to each other by rank.
F.
National colors and anthem. Uniformed members will render full military
honors to the National Colors and Anthem at appropriate times. Members
and employees in civilian dress shall render proper civilian honors
to the National Colors and Anthem at appropriate times.
G.
Roll call. Unless otherwise directed, members and employees shall
report to daily roll call at the time and place specified, properly
uniformed and equipped. They shall give careful attention to orders
and instructions avoiding unnecessary talking or movement.
H.
Relief. All members and employees are to remain at their assignment
and on duty until properly relieved by another member or employee
or until dismissed by competent authority.
I.
Meals. Members may suspend their police duty for a lunch period to
be taken within their beats. Meals shall be eaten with reasonable
dispatch.
J.
Reporting. Members and employees shall promptly submit such reports
as are required by the performance of their duties or by competent
authority.
K.
Absence from duty. Every member or employee who fails to appear for
duty at the date, time and place specified for so doing without the
consent of superior officer is absent without leave. Such absences
within the period of one day must be reported in writing to the Chief.
L.
Inspections. From time to time, the Chief of Police may call for
full dress inspections of the Department or any part thereof. Members
directed to attend such inspections shall report in the uniform prescribed,
carrying the equipment specified. Unauthorized absence from such inspection
is chargeable as absence without leave.
M.
Training. All members shall attend in-service training in the theory
and practice of law enforcement at the direction of the Chief of Police.
Such attendance is considered a duty assignment.
N.
Physical fitness for duty. All members of the Department shall maintain
good physical condition so they can handle the strenuous physical
contacts often required of a law enforcement officer. Overweight and
obesity will be considered to be poor physical condition.
O.
Smoking while on duty. Members and employees shall not smoke on duty
while in direct contact with the public nor when in uniform in public
view, except that smoking is permitted in public view at mealtimes
and while patrolling in police automobiles, at which times it shall
be as inconspicuous as possible.
P.
Possession of keys. No member, unless authorized by his commanding
officer, shall possess keys to any premises, not his own, on or near
his beat.
Q.
Address and telephone numbers. Immediately upon reporting for duty
in a new unit, members and employees shall record their correct residence
address and telephone number with the commanding officer. Members
and employees are required to have telephones in the place where they
reside. Changes in address or telephone number shall be reported to
the commanding officer within 24 hours of the change. This shall be
done in writing on the appropriate form and within the specified time
whether the member or employee is working or on leave.
All members of the Department shall maintain in good order a
regulation uniform. Members shall be neat appearing, clean-shaven
and well groomed while in uniform. All articles of uniform shall conform
to the departmental uniform regulations. Members shall not wear the
uniform or any part off duty, except while traveling to and from duty
without the permission of the commanding officer.
A.
Wearing the uniform. Uniforms shall be kept neat, clean and well
pressed at all times. While wearing the uniform, members shall maintain
a military bearing, avoiding mannerisms such as slouching, shuffling
and hands in the pockets. The uniform cap shall be worn whenever out
of doors, unless otherwise directed by competent authority.
B.
Manner of dress on duty. Normally, members will wear the duty uniform
on a tour of duty; however, commanding officers may prescribe other
clothing as required by the nature of the duty to which a particular
member is assigned. Civilian employees will wear and maintain an employee
uniform when so directed by the Chief of Police.
C.
Wearing or carrying badge. A member, when in uniform, shall wear
the regulation badge on the outside of the outermost garment over
the left breast and always in sight. When not in uniform or off duty,
he shall carry his badge in his pocket. He shall only carry and exhibit
a badge number assigned to him.
D.
Wearing of name badge. A member, when in uniform, shall wear the
regulation name badge on his uniform shirt or dress jacket.
E.
Altering style of uniform. Uniforms shall be made of the material
and the style prescribed in Police Department orders, and such style
shall not be altered or changed in any manner whatsoever, unless authorized
by the Chief of Police.
F.
Carrying required equipment when in uniform.
G.
H.
Civilian clothing, manner of dress. Male members and employees permitted
to wear civilian clothing during a tour of duty shall wear either
a business suit or sport coat and slacks. A dress-type shirt with
tie shall be worn. Commanding officers may prescribe other types of
clothing when necessary to meet a particular police objective. Female
members and employees permitted to wear civilian clothing shall conform
to standards of wearing apparel normally worn by office personnel
in private business firms, unless otherwise directed. All articles
of clothing shall be of a conservative nature.
I.
Equipment. All equipment must be clean, in good working order and
conform to Department specifications.
J.
Off-duty equipment. Members may carry an authorized firearm and official
identification when off-duty and in public in the Town of Belvidere.
K.
Registering equipment with the Department. Members are required to
register with the Department the description and serial number of
any firearm they may carry.
L.
Firearms display and discharge. Members shall never display firearms
unnecessarily or draw them in any public place except for inspection
or official use. Members are required to report any deliberate or
accidental discharge of firearms (except routine target practice).
This report is to be made according to current departmental procedures.
Members shall exhaust every other means of apprehension before resorting
to the use of firearms.
M.
Uniform and equipment damage claims. Any claims for damage to clothing,
equipment and eyeglasses caused by performance of duty shall be made
in accordance with current departmental directives.
N.
Compensation for other damages sustained on duty. Members and employees
shall not seek in any way nor shall they accept from any person money
or other compensation for damages sustained or expenses incurred by
them in the line of duty without first notifying the Chief of Police
in writing.
O.
Compensation for damages off-duty. Members and employees who have
received regular sick leave or injured off-duty salary from the Town
for illness or injury sustained off-duty shall notify the Chief of
Police in writing of any intent to seek, sue, solicit or accept compensation
as damages for such illness or injury. This notice shall be filed
before any action is taken. It shall include the fact of the claim
and the name of the respondent.
P.
Personal appearance. Every member and employee of the Department,
while on duty, must at all times be neat and clean in person, his
clothes clean and pressed and his uniform in conformity with rules
and regulations. He shall, as often as necessary, examine and clean
his equipment and keep it always in good serviceable condition. Male
members and employees shall conform to the following additional standards
of appearance:
(1)
Hair shall be evenly trimmed at all times while on duty. The
maximum extension of the hair outward from the top of the head will
be two inches. The maximum extension from the sides of the head shall
be two inches, provided that hair shall be gradually tapered so that
it does not protrude outward beyond the top (upper helix) of the ear
and so that it otherwise gives an overall even appearance. The hair
shall at no point extend downward more than 1/2 inch beyond the hairline
at the back of the neck and in no event extend over the shirt collar
in normal posture.
(2)
Sideburns shall not extend below the bottom of the ear. The
maximum width at the bottom of the sideburns shall not exceed 1 1/4
inch.
(3)
A clean-shaven appearance is required, except that mustaches
are permitted. Mustaches shall be neatly trimmed and shall not extend
more than 1/2 inch beyond the corners of the mouth nor below the corner
of the mouth. The remainder of the face shall be clean shaven.
(4)
Beards shall not be permitted.
(5)
Personnel with a medical condition which precludes shaving shall
be required to present a written statement, signed by medical doctor,
verifying such condition.
Members and employees are responsible for the proper care of
Department property and equipment assigned to them. Damaged or lost
property may subject the responsible individual to reimbursement charges
and appropriate disciplinary action.
A.
Damaged, inoperative property or equipment. Members and employees
shall immediately report to their commanding officer on designated
forms any loss of or damage to departmental property assigned to or
used by them. The immediate superior will be notified of any defects
or hazardous conditions existing in any Department equipment or property.
B.
Care of department buildings. Members and employees shall not mar,
mark or deface any surface in any departmental building. No material
shall be affixed in any way to any wall in departmental buildings
without specific authorization from a commanding officer.
C.
Notices. Members and employees shall not mark, alter or deface any
posted notice of the Department. Notices or announcements shall not
be posted on bulletin boards without permission of a commanding officer.
No notices of a derogatory nature will be posted at any time.
D.
Manual's maintenance. All members and employees issued manuals are
responsible for their maintenance and will make appropriate changes
or inserts as they arise.
E.
Surrender of Department property. Members and employees are required
to surrender all Department property in their possession upon separation
from the service. Failure to return nonexpendable items may cause
the person to reimburse the Department for the fair market value of
the article(s). The Chief shall withhold a final paycheck upon separation
until all Department property is surrendered.
F.
Department vehicles, use. Members shall not use any departmental
vehicle without the permission of a commanding officer. Departmental
vehicles shall never be used for personal business or pleasure.
G.
Operation of motor vehicles. Members and employees, when driving
vehicles of any description, private or of the Department, shall not
violate the traffic laws except only in cases of absolute emergency
and then only in conformity with the law regarding same. They shall
set an example for other persons in the operation of their vehicles.
H.
Emergency calls and use of red light and siren. Members driving any
Department vehicle, when responding to an emergency call, shall exercise
judgment and care with due regard to the safety of life and property.
They shall slow down at all street intersections to such a degree
that, when crossing same, they will have safe control of their cars;
especially when crossing street intersections where the traffic signal
lights are against them or where there are stop signs. They shall
use the red light and sound the siren on such calls and take utmost
precaution.
I.
Care of departmental vehicles. A police officer assigned to drive
any departmental vehicle is accountable for the proper care of such
vehicle and its equipment. He shall not leave such vehicle unattended
except when necessary in the performance of police duty. It shall
be the responsibility of the driver to see that the vehicle is securely
locked when it is necessary to leave it unattended.
J.
Passengers. A driver shall only allow such persons as are necessary
in the proper performance of his duty to ride in a departmental vehicle
assigned to him.
K.
Notification of unserviceable vehicles. A driver shall notify the
duty officer as soon as his vehicle becomes unserviceable. Minor repairs
or adjustments, such as changing a tire, shall be made by the driver
when a mechanic is not available.
L.
Responsibility for general appearance and maintenance. A driver shall
be responsible for general appearance of the vehicle assigned to him
and the maintenance of sufficient supply of:
M.
Definition of "driver." Whenever the term "driver" is used in this
section, all the responsibilities places upon the driver are to be
equally shared by any other officer assigned to the same vehicle at
the same time.
N.
Parking of departmental vehicles. It shall be the responsibility
of any police officer operating a departmental vehicle to see that
it is properly parked off the traveled portion of the highway at a
crime scene, fire, etc., unless such vehicle is being used to light
the scene, create a road block, or under other extenuating circumstances.
O.
Departmental vehicles, out of service. Whenever two police officers
are assigned to the same vehicle at the same time, such vehicle, if
radio equipped, shall not be out of service at any time, except in
cases of police necessity, or when a superior officer directs otherwise.
P.
Notification of accidents involving departmental vehicles. Whenever
a police officer shall be involved in any accident, or cause any damage,
while in charge of or using a motor vehicle owned by this Department,
he shall as soon as possible notify the duty officer. It shall be
the duty of the duty officer to cause an investigation to be made
of same, and a written report shall be made to the Chief of Police.
Q.
Transporting citizens. Citizens will be transported in departmental
vehicles only when necessary to accomplish a police purpose. Such
transportation will be done in conformance with departmental policy
or at the direction of the commanding officer.
R.
Reporting accidents. For accidents involving Town property, if found
bearing evidence of damage which has not been reported, it shall be
prima facie evidence that the last person using the property or vehicle
was responsible.
B.
Forwarding communications to higher commands. Any member or employee
receiving a written communication for transmission to a higher command
shall, in every case, forward such communication. A member receiving
a communication from a subordinate directed to a higher command shall
endorse it indicating approval, disapproval or acknowledgment.
C.
Department address (private use of). Members and employees shall
not use the Department as a mailing address for private purposes.
The Department address shall not be used on any motor vehicle registration
or operator's or chauffeur's license.
D.
Telephone. Departmental telephone equipment may not be used for the
transmission of private messages without the express approval of a
commanding officer.
E.
Radio discipline. All members of the Department operating the police
radio, either from a mobile unit or in the communications section,
shall strictly observe regulations for such operations as set forth
in departmental orders and by the Federal Communications Commission.
A.
Reporting sick or injured. Members and employees unable to report
for duty because of sickness or injury shall make an immediate report
to their commanding officer or desk officer in person or by telephone.
If unable to report, a relative or other responsible person shall
notify his commanding officer or desk officer of all pertinent facts,
whether in person or by telephone.
B.
Address of confinement. Members and employees, when sick or injured,
shall be responsible for notifying their supervisors as to their place
of confinement or of any subsequent change in their places of confinement.
C.
Sick or injured on duty. Members taken sick or injured on duty shall
report the facts to their command and shall remain on duty until relieved,
unless excused by a superior officer. The only exception to this rule
would be where the sickness or injury is disabling to the point of
preventing compliance.
D.
Unauthorized absence. Members or employees who absent themselves
in an improper manner shall be subject to disciplinary action being
preferred against them. Unauthorized absence occurs when members or
employees:
(1)
Who, without permission of the Chief of Police, are not at home
or who are not at their place of confinement, while on sick leave,
when visited by a superior officer or physician sent by the Chief
of Police.
(2)
Feign illness or injury.
(3)
Deceive the physician sent by the Chief of Police in any way
as to their true condition.
(4)
Are injured or become sick as the result of improper conduct
or of intemperate, immoral or vicious habits or practices.
(5)
Violate any provisions concerning the reporting of sickness
or injury.
E.
Suspension of vacation, day off, or leave of absence. Any vacation,
day off or leave of absence may be suspended when a sudden and serious
emergency arises and when, in the judgment of the Chief of Police,
such action should be taken.
A.
Death or serious injury. When a member is killed or seriously injured
on or off duty, immediate verbal notification will be made to the
Chief of Police, or the ranking officer in the Chief's absence, by
the first on-duty member having knowledge of the death or serious
injury. This same member will follow up with a written report to the
Chief of the incident no later than the following workday. Information
shall include the date, location, cause, extent of injuries and property
damage. Serious injury in this instance means an injury which could
result in death or disability.
B.
Nonserious injury. In cases where the injuries are other than of
a serious nature, a written report by the injured member will be submitted
to the Chief on the first workday following the incident, including
all information required above. These reports are in addition to those
accident and sick reports otherwise required.
C.
Death of member or employee. Any member or employee receiving notice
of the death of any member, employee or retired member during regular
business hours shall notify the Chief of Police and the commander
of the deceased. At other times, the officer in charge shall be notified,
and he shall provide for inclusion of the information in a memo and
forward such information to the Chief of Police.
D.
Notification of family. The family of a member or employee injured
or dying on duty shall be notified immediately by the senior available
member of the section to which the injured or deceased member or employee
was assigned.
A.
Command of scene. At the scene of any crime, accident or other police
incident, the ranking officer present shall assume command and direction
of police personnel in a manner to assure the most orderly and efficient
accomplishment of the police task. When two or more officers of the
same rank are present and one of these is assigned to the investigative
detail that will follow-up the investigation, that ranking officer
will be in charge. This provision is intended to provide for the coordination
of the efforts of the several subordinate members who may be assigned
to the incident; therefore, it is incumbent upon the ranking officer
assuming such control to become acquainted with the facts and ensure
that appropriate action is being taken or is initiated.
B.
General responsibilities of members at scenes. The first member to
arrive at the scene of a crime or other police incident is responsible
for the following actions as they may apply to the situation:
C.
Responsibilities of assigned member at crime scene. The members officially
assigned to perform the preliminary or other investigation of an alleged
crime or other incident are responsible for the completion of the
preliminary or other investigation as directed. This shall include,
but is not necessarily limited to the securing of statements and other
information which will aid in the successful completion of the investigation
and locating, collecting and preserving physical evidence material
to the issue.
D.
Relief of member conducting preliminary investigation. Upon completion
of the preliminary investigation, the assigned officer shall stand
relieved unless otherwise directed by a superior.
E.
Identification as police officer. Except when impractical or unfeasible,
or where the identity is obvious, officers shall identify themselves
by displaying the official badge or identification card before taking
police action.
F.
Release of information at crime scene. Unauthorized persons, including
members of the press, shall be excluded from crime scenes. Information
which will not hinder or nullify any investigation shall be given
to the press by the superior officer in charge of the investigation
in accordance with Department policy.
G.
Confidential information.
(1)
Members and employees shall not reveal any confidential business
of the Department. They shall not impart confidential information
to anyone except those for whom it is intended, or as directed by
their commanding officer.
(2)
Members shall not make known to any person any Department order
which they may receive, unless so required by the nature of the order.
(3)
Contents of any Department record or report filed in the Police
Department shall not be exhibited or divulged to any person, except
on approval of the Chief of Police, or under due process of law, or
as permitted under Department regulations.
H.
Compromising criminal cases. Members and employees shall not interfere
with the proper administration of criminal justice.
(1)
Members and employees shall neither attempt to interrupt the
legal process except where a manifest injustice might otherwise occur
nor participate in or be concerned with any activity which might interfere
with the process of law.
(2)
Members and employees shall not attempt to have any traffic
summons or notice to appear reduced, voided or stricken from the calendar.
(3)
Any member or employee having knowledge of such action and failing
to inform his superior officer thereof shall be subject to disciplinary
action.
A.
Arrests. In making arrests, members shall strictly observe the laws
of arrest and the following provisions:
(1)
The arresting officer shall employ only such force and necessary
restraint to assure the safety of other persons, other police officers
and himself.
(2)
Every member shall refrain from using unnecessary force or violence
in making arrests and must not strike a prisoner or any other person
except when necessary in self defense or to overcome actual physical
resistance in making an arrest. However, he must be firm, resolute
and energetic, exercising the necessary means to perform his duty
properly. When it is necessary to use force, the circumstances shall
be included in the arrest report on the case.
(3)
The arresting officer is responsible for the safety and protection
of the arrested person while in his custody.
(4)
The arresting officer is responsible for the security of the
personal property in possession or under the control of the arrested
person at the time of the arrest.
(5)
Handcuffing persons lawfully arrested for criminal activities:
pat down and search for weapons before transporting those arrested
persons.
B.
Assisting criminals. Members and employees shall not communicate
any information which might assist persons guilty of criminal or quasi-criminal
acts to escape arrest or punishment or which may enable them to dispose
of or secrete evidence of unlawful activity or money, merchandise,
or other property unlawfully obtained.
C.
Complaints by members for assault against themselves. Members shall
arrest perpetrators of assaults, assaults and batteries and criminal
offenses directed against them. The perpetrators shall be charged
accordingly. Whenever it is impossible to consummate the arrest at
the time of the offense, the member shall make a complete report of
the incident to his commanding officer with a request that he be allowed
to make a complaint in the proper court at the next session. A warrant
which may be issued as a result of filing such a complaint shall in
no case be served by the aggrieved member.
A.
Transportation of prisoners. Officers transporting prisoners shall
do so in accordance with departmental policy. Prisoners requiring
medical attention shall be delivered to the appropriate emergency
hospital, and the transporting officers shall be responsible for the
security of the prisoner until properly relieved by a guard officer
unless otherwise directed by a superior officer.
B.
Use of physical force. Malicious assaults or batteries committed
by members constitute gross misconduct. The use of physical force
shall be restricted to circumstances specified by law when necessary
to accomplish a police task successfully. Whenever a member, on or
off duty, is required to strike or use considerable physical force
against another person, he immediately shall call a superior officer
to the scene, or if not practical, contact him as soon as possible
following the incident and submit a written report to the Chief of
Police via normal channels. Use of physical force shall be governed
by the general order of the Chief of Police entitled "Use of Force
S.O.P."
C.
Reports and bookings. No member or employee shall knowingly falsify
any official report or enter or cause to be entered any inaccurate
false or improper information on the books, records or registers of
the Department.
D.
Security of departmental business. Members and employees shall not
reveal police information outside the Department except as provided
elsewhere in this manual or as required by law or competent authority.
Specifically, information contained in police records, other information
ordinarily accessible only to members and employees and names of informants,
complainants, witnesses and other persons known to the police are
considered confidential. Silence shall be employed to safeguard confidential
information. Violation of the security of this type of information
reflects gross misconduct.
E.
Assisting criminals. Members and employees shall not communicate
in any manner, directly or indirectly, any information which might
assist persons guilty of criminal or quasi-criminal acts to escape
arrest or punishment or which may enable them to dispose of or secrete
evidence of unlawful activity or money, merchandise or other property
unlawfully obtained.
F.
Recommending attorneys and bail bond brokers prohibited. Members
and employees shall not suggest, recommend, advise or otherwise counsel
the retention of any particular attorney or bail bond broker to any
person coming to their attention as a result of police business.
(1)
This does not apply when a relative of the member of the Department
seeks such service.
(2)
In no case may such advice be given to a relative where a fee,
gratuity or reward is solicited, offered or accepted from the attorney
or bail bondsman.
(3)
Running or soliciting for an attorney or ball bondsman is gross
misconduct.
G.
Acting as bailor prohibited. Members and employees cannot act as
bailors for any person in custody except relatives, and in no case
where any fee, gratuity or reward is solicited or accepted.
H.
Criminal complaints by members. Members who prefer a criminal complaint
against a person for injuries or damages incurred while off duty shall
notify the Chief of Police on the first workday.
A.
Department regulations concerning the care and use of firearms are
designed to protect the lives of police officers and the lives and
property of the public.
B.
On-duty revolver. All police officers while on duty will carry the
on-duty revolver as designated by the Chief of Police.
C.
Cleaning. All weapons shall be clean and in proper working order
and will be subject to inspection at all times. Officers will supply
their own cleaning equipment.
D.
Ammunition inventory. The firearms instructor shall have the responsibility
of all departmental ammunition and shall maintain a constant inventory
of the same.
E.
Qualification. All officers shall qualify with weapons at least once
a year at a time and date as set by the firearms instructor.
F.
Use of force. Use of firearms and deadly force shall, at all times,
be subject to all rules set forth previously by Standard Operating
Procedure 82-3 and Chapter 58 of the Criminal Justice Code Title 2C
of New Jersey and rules or regulations hereafter promulgated by the
Chief of Police.
G.
Report on use of firearm: any member of the Department discharging
a firearm in performance of his duty for any reason except routine
target practice.
H.
Firearms off duty. The Chief of Police may authorize a police officer
to carry an off-duty firearm other than the official police firearm,
provided that he follows the steps prescribed herewith:
(1)
He submits a written report through channels requesting permission
to carry an off-duty firearm and describing same.
(2)
He submits his off-duty firearm to an officer in charge of firearms
in order to determine whether it meets the same standards set for
safety and serviceability that apply to his official police firearm.
(3)
The officer must qualify annually with the off-duty weapon on
the Revised Double Action Course, Natural Combat Course, Tactical
Revolver Course or other approved police course.
(4)
The authorized off-duty weapon shall be carried only in a holster
which conforms to Department specifications.
(5)
The Police Department shall maintain a record of all off-duty
weapons, including the description of the weapon, the serial number,
and the person to whom the weapon is assigned or by whom owned.
I.
Ammunition issue. The initial issue and the replacement of ammunition
for Department revolvers shall be made by the Department without expense
to the police officer. The Department shall replace rounds of ammunition
that have become unserviceable and rounds that have been expended
in the line of police duty. Department issue ammunition will be .38
caliber special (+P) 125 grn, semi-jacketed H.P.
J.
Nonregulation revolver prohibited. Police officers who carry and
employ weapons other than those that have been inspected and approved
by the Police Department shall be subject to disciplinary action.
K.
Removing revolver from belt. When removing a revolver from his person,
a police officer must remove said revolver in accordance with all
safety practices.
L.
Carrying revolver on-duty. All repairs and adjustments to the official
police revolver shall be made only with the authorization of the superior
officer in charge of firearms training. Police officers shall not
use unauthorized molded grips, special-type grips nor pearl-handled
grips. They shall not make any change in the trigger pull mechanism
or effect any other unauthorized alteration or addition. Grip adaptors
may be used in special cases, but only after the police officer first
has obtained the approval of the firearms instructor.
M.
Carrying revolver, general. Police officers shall carry their official
police revolvers or authorized off-duty revolvers fully loaded and
in a serviceable operating conditions. They shall also carry extra
ammunition in either belt loop, speed loader or strip loader, at the
officer's discretion. He must be qualified by the firearms instructor
using the same loading method. Police officers who are suspended or
whose weapons have been officially taken from them for other reasons
shall not carry a revolver under any circumstances.
A.
Publicity. Members and employees shall not seek personal publicity
in the course of their employment.
B.
Personal preferment. No member or employee may seek the influence
or intervention of any person outside the Department for purposes
of personal preferment, advantage, transfer or advancement.
C.
Commercial testimonials. Members and employees shall not permit their
names or photographs to be used to endorse any product or service
which is in any way connected with law enforcement without the permission
of the Chief of Police. They shall not, without the permission of
the Chief of Police, allow their names or photographs to be used in
any commercial testimonial which alludes to their position or employment
with this Department.
D.
Public appearance requests. All requests for public speeches, demonstrations,
etc., will be routed to the Chief of Police for approval and processing.
Members and employees directly approached for this purpose shall suggest
that the party submit his request to the Chief of Police.
E.
Conduct toward the public. Members and employees shall be courteous
and orderly in their dealing with the public. They shall perform their
duties quietly, avoiding harsh, violent, profane or insolent language
and always remain calm regardless of provocation to do otherwise.
Upon request, they are required to supply their names and badge numbers
in a gentlemanly manner. They shall attend to requests from the public
quickly and accurately.
F.
Impartial attitude. All members, while charged with vigorous and
unrelenting enforcement of the law, must remain completely impartial
toward all persons coming to the attention of the Department. Violations
of the law are against the people of the state and not against the
individual officer. All citizens are guaranteed equal protection under
law. Exhibiting partiality for or against a person because of race,
creed or influence will be considered misconduct. Unwarranted interference
in the private business of others when not in the interests of justice
is conduct unbecoming an officer.
G.
Disparaging nationality, race or creed. Courtesy and civility toward
the public is required of all members of the Department. Members shall
not use words which humiliate, disparage, demean, degrade, ridicule
or insult a person because of his race, creed, color, national origin
or ancestry.
H.
Caring for lost, helpless, injured or ill persons. Members shall
always be alert to assist lost, helpless, injured or ill persons.
I.
Availability when on duty. Members on duty shall not conceal themselves
except for some police purpose. They shall be immediately and readily
available to the public during duty hours.
J.
Responding to calls. Members of the Department shall respond without
delay to all calls for police assistance from citizens or other members.
Emergency calls take precedence; however, all calls shall be answered
as soon as possible consistent with normal safety precautions and
vehicle laws. Failure to answer a call for police assistance promptly,
without justification will be considered misconduct. Except under
the most extraordinary circumstances, or when otherwise directed by
competent authority, no member shall fail to answer any call directed
to him. Radio Room will be informed when leaving the air and when
returning to a duty status.
K.
Public statements. Members of the Department shall not make public
statements concerning the work, plans, policies or affairs of the
Department which may impair or disrupt the operation of the Department
or which are obscene, unlawful or defamatory.
L.
Subversive organizations. No member or employee shall knowingly become
a member of or connected with a subversive organization, except when
necessary in the performance of duty, and then only under the direction
of the Chief of Police.
M.
Affiliation with certain organizations prohibited. Police officers
shall not join nor shall they affiliate themselves with any organizations
whose constitution embraces provisions which might in any way exact
prior consideration and prevent the proper and efficient functioning
of the Department. This prohibition does not apply to the active military
or naval service of the United States or of this state, in time of
war or an emergency, or for during any period of training, or pursuant
to or in connection with the operation of any system of selective
service. (Source N.J.S.A. 38:23-4)
N.
Affiliation with radical groups. No police officer or civilian employee
except in the discharge of police duties shall knowingly associate
with or have any dealings with any person or organization which advocates
or which is instrumental in fostering hatred, prejudice or oppression
against any racial or religious group.
O.
Trade unions, organizations affiliated with trade unions. No member
or employee shall affiliate himself with any labor union or organization
in any way identified or associated with any trade association, trade
federation or labor union. No association of police officers recognized
by the Department shall be affiliated in any way with any trade association.
Members shall, however, be permitted to have membership in any recognized
police organization.
A.
Partisan political activities prohibited. Police officers shall not
actively engage in partisan political campaigns and activities.
B.
Nonpartisan political activities, limitation. Police officers may
engage in nonpartisan political activities, except when such activities
will impair or harm the operation or discipline of the Department.
Police officers, however, may not participate or engage in activities
relating to campaigns for Belvidere Town Council.
C.
Election to public office. Police officers may run for public office
but may not campaign nor engage in any activity connected with candidacy
for such office during any tour of police duty.
D.
Soliciting prohibited. Members of the Department shall not solicit
contributions for political purposes, nor shall they interfere with
or use the influence of their office for political reasons.
A.
Court appearances. Attendance at a court or quasi-judicial hearing
as required is an official duty assignment. Permission to omit this
duty must be obtained from the prosecuting attorney handling the case
or other competent court official. When appearing in court, either
the official uniform or clothing conforming to standards imposed on
officers working in plain clothes shall be worn. Weapons will not
be displayed unless wearing the uniform. Members shall present a neat
and clean appearance avoiding any mannerism which might imply disrespect
to the court.
B.
Testifying for the defendant. Any member or employee subpoenaed to
testify for the defense in any trial or hearing, or against the Town
or Department in any hearing or trial shall notify the Chief upon
receipt of the subpoena.
C.
Refusal to testify. Any member or employee appearing as a witness
before any of the following and who invokes his constitutional privilege
and refuses to testify shall be subject to disciplinary action:
D.
Departmental investigations, testifying. Members or employees are
required to answer questions by or render material and relevant statements
to a competent authority in a departmental personnel investigation
when so directed.
E.
Truthfulness. Members and employees are required to be truthful at
all times, whether under oath or not.
F.
Civil action interviews. Civil action interviews involving members
or employees which arise out of departmental employment shall be conducted
according to departmental directives.
G.
Civil action, court appearances, subpoenas. A member or employee
shall not volunteer to testify in civil actions and shall not testify
unless legally subpoenaed. Members and employees will accept all subpoenas
legally served. If the subpoena arises out of departmental employment
or if the member or employee is informed that he is a party to a civil
action arising out of departmental employment, he shall immediately
notify the Chief of Police, who in turn shall notify the proper authorities.
And he shall also notify the Chief of testimony he is to give. Members
and employees shall not enter into any financial understanding for
appearances as witnesses prior to any trial, except in accordance
with current directives.
H.
Civil depositions and affidavits. Members and employees shall confer
with the Chief of Police before giving a deposition or affidavit on
a civil case.
I.
Civil cases. Members shall not serve civil process or assist in civil
cases unless the specific consent of the Chief of Police is obtained.
They shall avoid entering into civil disputes particularly while performing
their police duties, but shall prevent or abate a breach of the peace
or crime in such cases.
A.
Disciplinary action. Department members, regardless of rank, shall
be subject to disciplinary action, according to the nature of the
offense, for violating their oath and trust by committing an offense
punishable under the laws or statutes of the United States, the State
of New Jersey or municipal ordinances, or failure, either willfully
or through negligence or incompetence, to perform the duties of their
rank or assignment; or for violation of any general order or rules
of the Department; or for failure to obey any lawful instruction,
order or command of a superior officer. Disciplinary action in all
cases will be decided on the merits of each case.
B.
Establishing elements of violation. Existence of facts establishing
a violation of the law, ordinance or rule is all that is necessary
to support any allegation of such as a basis for disciplinary action.
Nothing in this manual prohibits disciplining or charging members
or employees merely because the alleged act or omission does not appear
herein, in Department order or in laws and ordinances within the cognizance
of the Department.
C.
Penalties. The following penalties may be assessed against any member
of the Department as disciplinary action:
D.
Departmental authority to discipline. Final departmental disciplinary
authority and responsibility rests with the Police Committee, except
that supervisory personnel may take the following disciplinary measures.
E.
Emergency suspension. Any command or supervisory officer shall have
the authority to impose emergency suspension until the next business
day against a member or employee when it appears that such action
is in the best interests of the Department.
F.
Emergency disciplinary action. When the improper conduct of a member
or employee of one unit is of such nature that immediate or emergency
disciplinary action is required of a command or supervisory officer
of another unit, such action may be taken at once within the following
limitations:
G.
Follow-up on emergency suspension. A member or employee receiving
an emergency suspension shall be required to report to the Chief of
Police on the next business day at 9:00 a.m. The Chief of Police can
continue a suspension for a period up to a maximum of five days.
H.
Reports of disciplinary action taken or recommended. Whenever disciplinary
action is taken or recommended (except for oral reprimand), a written
report must be submitted immediately in triplicate containing the
following information:
(1)
The name, rank, badge number and present assignment of the person
being disciplined.
(2)
The date and time of the misconduct and location.
(3)
The section number of the violated rule and common name of the
infraction.
(4)
A complete statement of the facts of the misconduct.
(5)
The punishment imposed or recommended.
(6)
The written signature, badge number and rank of the preparing
officer and his position in relation to the member being disciplined.
I.
Distribution of reports of disciplinary action. Report shall be distributed
as follows by the officer imposing or recommending the disciplinary
action:
J.
Endorsement and forwarding of disciplinary reports. Each level in
the chain of command must endorse and forward reports bearing on disciplinary
matters. Such endorsement may be one of approval, disapproval or modification.
No member or employee shall alter or cause to be altered or withdrawn
any disciplinary report. Disciplinary reports in transit through the
chain of command shall not be delayed but must be reviewed, endorsed
and forwarded as soon as possible. Disciplinary reports shall be filed
in accordance with current Department directives.
K.
Informing the person being disciplined. The member or employee being
disciplined shall be informed of the charges, in writing, as provided
by N.J.S.A. 40A:14-147 to 40A:14-151, inclusive, and the municipal
ordinances.
L.
Misconduct observed by police personnel. Whenever any command or
supervisory officer observes or is informed of the misconduct of another
member or employee which indicates the need for disciplinary action,
he shall take authorized and necessary action and render a complete
written report of the incident and his actions to his commanding officer.
B.
Policy.
(1)
All complaints of alleged violations of law, ordinances or departmental rules and regulations by police personnel which are reported by citizens in person, or by correspondence must be promptly and thoroughly investigated. It is recognized, however, that the gravity of complaints can vary considerably, and it will be the responsibility of the officer in charge to decide whether the case requires the investigation procedures outlined below in Subsections C and D.
(2)
All complaints regardless of gravity must be entered by the
officer in charge in the activity report for reach shift so that there
will be a permanent record of complaints received for review by the
Chief of Police.
C.
Procedure.
(1)
When a complaint from a citizen is received, it shall be referred
by the duty officer, or by whatever officer receives the complaint,
to the officer in charge who shall investigate the complaint and will
decide whether the complaint is of a serious nature and will be handled
by the officer in charge at his own discretion, making sure proper
notation of the incident is entered in the activity report.
(2)
If, in the opinion of the officer in charge, the incident is
of sufficient gravity, he shall notify the Chief of Police, regardless
of the hour, and then shall take any immediate action necessary to
preserve the integrity of the Department until the arrival of the
Chief.
D.
Investigation of citizen complaint against police personnel. If the
complaint is of a sufficiently serious nature, the officer in charge
shall submit a written report of his investigation to the Chief of
Police, with copies to the Police Commissioner, summarizing the pertinent
facts of the incident, including:
[Amended 12-1-2003 by Ord. No. 2003-13]
E.
Findings. When the officer in charge has completed his report to
the Chief of Police, a final report must be made by the Chief to the
Police Commissioner, which report must conclude with a classification
of the case by the Chief of Police into one of the following categories:
[Amended 12-1-2003 by Ord. No. 2003-13]
(1)
Unfounded. This must be used when the allegation is false or
not factual or the action complained of did not involve police personnel.
(2)
Exonerated. This must be used when the incident occurred, but
was lawful and proper.
(3)
Not sustained. This classification must he applied when there
is insufficient evidence either to prove or disprove the allegation.
(4)
Sustained. This must be used when the allegation is supported
by sufficient evidence to justify a reasonable conclusion of guilt.
F.
Action by Police Commissioner.
[Amended 12-1-2003 by Ord. No. 2003-13]
(1)
After receiving the Chief's report, in cases where the finding
is "unfounded," "exonerated" or "not sustained," the Police Commissioner
shall either accept or reject his finding. If accepted, the case will
be considered closed and all parties to the incident will be so informed.
(2)
If rejected, the Police Commissioner shall inform the Chief
in writing of its reasons for the rejection. The Chief shall then
have a period of not more than 15 days to submit to the Police Commissioner
additional evidence or information to support his finding.
(3)
If after receipt from the Chief of this additional information
the Police Commissioner still rejects his finding, then the Police
Commissioner shall immediately direct that formal charges be filed
and the case brought on for hearing before Mayor and Council.
(4)
If the reported finding is "sustained," the Chief of Police
shall cause a written charge or charges to be filed against the member
and brought on for hearing before the Mayor and Council.
G.
Removal, suspension, reduction and fines. No member shall be suspended (except for emergency suspensions and suspensions pending hearings on charges), removed from office, fined or reduced in rank except upon a written charge or charges from the Chief of Police against such member and after hearing thereon, all as provided in Subsection F.
