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City of Plattsburgh, NY
Clinton County
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Table of Contents
Table of Contents
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 Department. "Conduct unbecoming an officer" shall include that which is contrary to community standards and brings the 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.
A. 
Officers shall obey all laws of the United States and of any state and local jurisdiction in which the officers are present.
B. 
A conviction of the violation of any law shall be prima facie evidence of a violation of this section, except for minor traffic infractions.
Officers shall report for duty at the time 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 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 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.
Officers shall not leave their assigned duty posts during a tour of duty, except when authorized by proper authority or in an emergency.
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 time as established by departmental procedures.
Officers shall maintain sufficient competency to properly perform their duties and assume the responsibilities of their positions, consistent with the training provided by the City of Plattsburgh. Officers shall perform their duties in a manner which sill maintain the highest standards of efficiency in carrying out the functions and objectives of the Department. Unsatisfactory performance may be demonstrated by a 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 absence without leave. In addition to other indications of unsatisfactory performance, the following will 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 Department.
A. 
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) 
Officers shall submit a written request for regular off-duty employment to the Chief.
(3) 
Officers shall not engage in any employment or business involving the sale or distribution of alcoholic beverages, bail bond agencies, or investigative work for insurance agencies, private guard services, collection agencies or attorneys.
B. 
Approval may be denied where it appears that the outside employment might:
(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 officer's regular duty hours.
(4) 
Bring the Department into disrepute or impair the operation or efficiency of the Department or officer.
Officers shall not store or bring into any police facility or vehicle alcoholic beverages, controlled substances, narcotics or hallucinogens, which are not held as evidence.
Officers shall not possess or use any controlled substances, narcotics or hallucinogens except when prescribed in the treatment of officers by a physician or dentist. When controlled substances, narcotics or hallucinogens are prescribed, officers shall notify their superior officer.
A. 
Use of alcoholic beverages on duty or in uniform.
(1) 
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 a superior officer.
(2) 
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.
B. 
Use of alcoholic beverages off duty. Officers, while off duty, shall refrain from consuming intoxicating beverages to the extent that it results in obnoxious or offensive behavior which discredits them or the Department or renders the officers unfit to report for their next regular tour of duty.
Officers, when in uniform, may use tobacco as long as they are not in a formation; they do not have to leave their assignment or post for the sole purpose of doing so; and they are not engaged in traffic direction and control. When they are in direct contact with the public, officers must obtain permission to use tobacco from the public with whom they are in direct contact.
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.
A. 
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.
B. 
Officers shall not obey any order which they know, or should know, would require them to commit any illegal act. If in doubt as to the legality of an order, officers shall request the issuing officer to clarify the order, or to confer with higher authority, and after such request has been made, should the officer be ordered to obey, said officer will be deemed to have been acting within the scope of the officer's employment when the officer performs the action so ordered.
Officers shall not solicit or accept from any person, business or organization any gift (including money, tangible or intangible personal property, food, beverage, loan, promise, service or entertainment) for the benefit of the officers or the Department.
A. 
Use of official position or identification. Officers shall not use their official position, official identification cards or badges for personal or financial gain, for obtaining privileges not otherwise available to them in the performance of duty or for avoiding consequences of illegal acts. Officers shall not lend to another person their identification cards or badges or permit them to be photographed or reproduced without the approval of the Chief.
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.
Officers shall not recommend or suggest in any manner, except in the transaction of personal business, the employment or procurement of a particular product, professional service or commercial service (such as attorney, ambulance service, towing service, bondsman, mortician, etc.). In the case of ambulance or towing service, when such service is necessary and the person needing the service is unable or unwilling to procure it or requests assistance, officers shall proceed in accordance with established departmental procedures.
Officers shall carry their badges and identification cards on their persons at all times, except when impractical or dangerous to their safety or to an investigation. They shall furnish their name and badge number to any person requesting that information, when they are on duty or while holding themselves out as having an official capacity, except when the withholding of such information is necessary for the performance of police duties or is authorized by proper authority.
Officers shall courteously and promptly record in writing any complaint made by a citizen against any officer of the Department. Officers shall follow established departmental procedures for processing complaints.
Officers shall be courteous to the public in the performance of their duties, even in the face of provocation, and shall control their tempers and exercise patience and discretion. In the performance of their duties, the officer shall avoid the use of coarse, vile, profane or insolent language and gestures and expressions of any prejudice concerning race, religion, politics, national origin, lifestyle 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 properly and judiciously acted upon, consistent with established departmental procedures.
Officers shall avoid regular or continuous associations or dealings with persons whom they know, or should know, are persons under criminal investigation or indictment, or who have a reputation in the community or the Department for present involvement in felonious or criminal behavior, except as necessary to the performance of official duties, or where unavoidable because of other personal relationships of the officers.
A. 
Officers acting as police officers or while on duty shall not publicly criticize or ridicule the Department, its policies or other officers by speech, writing or other expressions, where such speech, writing or other expressions are 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 or a periodical, release or divulge investigative information or any other matters 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 the prior approval of the Chief.
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 guidelines established by departmental procedure.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Officers shall be permitted to:
(1) 
Register and vote in any election.
(2) 
Express opinions as individuals privately and publicly on political issues and candidates.
(3) 
Hold membership in a political party and participate in its functions to the extent consistent with the law and consistent with this section.
(4) 
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.
B. 
Officers are prohibited from:
(1) 
Using their official capacity to influence, interfere with or affect the results of an election.
(2) 
Assuming active roles in the management, organization or financial activities of partisan political clubs, campaigns or parties.
(3) 
Serving as officers of partisan political parties or clubs.
(4) 
Soliciting votes in support of, or in opposition to, any partisan candidates.
(5) 
Serving as delegates to a political party convention.
(6) 
Endorsing or opposing a partisan candidate for public office in a political advertisement, broadcast or campaign literature.
(7) 
Initiating or circulating a partisan nominating petition.
(8) 
Organizing, selling tickets to or actively participating in a fund-raising function for a partisan political party or candidate.
(9) 
Making financial contributions to political organizations.
(10) 
Addressing political gatherings in support of, or in opposition to, a partisan candidate.
(11) 
Otherwise engaging in prohibited partisan activities on the federal, state, county or municipal level.
Officers shall not undertake any financial obligations which they know, or should know, they will be unable to meet, and shall pay all just debts when due. An isolated instance of financial irresponsibility will not be grounds for discipline, except in unusually severe cases. However, repeated instances of financial difficulty may be cause for disciplinary action. Filing for a voluntary bankruptcy petition shall not, by itself, be cause for discipline. Financial difficulties stemming from unforeseen medical expenses or personal disaster shall not be cause for discipline, provided that a good-faith effort to settle all accounts is being undertaken. Officers shall not cosign a note for any superior officer.
Officers shall treat the official business of the Department as confidential. Information regarding official business shall be disseminated only to those for whom it is intended, in accordance with established departmental procedures. Officers may remove or copy official records or reports from a police installation only in accordance with established departmental procedures. Officers shall not divulge the identity 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 by any other governmental agency unless:
(1) 
Ordered to intervene by a superior officer; or
(2) 
The intervening officer believes beyond a reasonable doubt that a manifest injustice would result from failure to take immediate action.
B. 
Officers shall not undertake any investigation or other official 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 officers 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 established departmental procedures. Officers shall not convert to their own use, manufacture, conceal, 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 procedures.
Officers shall utilize 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.
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.
Officers shall carry firearms in accordance with law and established departmental procedures.
Upon the order of the Chief, the Chief's designee or a superior officer, officers shall truthfully answer all questions specifically directed and narrowly related to the scope of employment and operations of the Department which may be asked of them.
Officers shall not mistreat persons who are in their custody. Officers shall handle such persons in accordance with 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 law and departmental procedures.
Officers shall not use or handle weapons in a careless or imprudent manner. Officers shall use weapons in accordance with law and departmental procedures.
Officers shall not make any arrest, search or seizure which they know, or should know, is not in accordance with law and departmental procedures.