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.