[HISTORY: Adopted by the Board of Commissioners of the Township of
Lower Merion 11-19-1941; amended in its entirety 6-18-2003
by Ord. No. 3681. Amendments noted where applicable.]
Any member of the Police Department commits an offense against discipline
if he/she commits any of the following acts:
A.
Discreditable conduct, that is to say, if he/she acts
in a disorderly manner prejudicial to discipline or likely to bring discredit
upon the reputation of the Department.
B.
Insubordinate or oppressive conduct, that is to say,
if he/she:
(1)
Is insubordinate by word, act or demeanor.
(2)
Is guilty of oppressive or tyrannical conduct toward
a subordinate.
(3)
Uses obscene, abusive or insulting language to any employee
of the Department.
(4)
Willfully or negligently makes any false complaint or
statement against any member of the Department.
(5)
Assaults or harasses any employee of the Department.
(6)
Threatens any employee of the Department by withholding
information which should have been reported.
C.
Disobedience to orders, that is to say, if he/she disobeys
or, without good and sufficient cause, omits or neglects to carry out any
lawful order, whether in written, verbal or electronic form.
D.
Neglect of duty, that is to say, if he/she:
(1)
Neglects or, without good and sufficient cause omits
promptly and diligently to attend to or carry out anything which is his/her
duty as a member of the Department.
(2)
Idles or gossips while on duty.
(3)
Fails to work his/her beat in accordance with orders,
or leaves his/her beat, point or other place of duty to which he/she has been
ordered without due permission or sufficient cause.
(4)
By carelessness or neglect permits a prisoner to escape.
(5)
Fails when knowing where an offender is to be found to
report the same or to make reasonable efforts to apprehend the offender.
(6)
Fails to report any matter which it is his/her duty to
report.
(7)
Fails to report anything which he/she knows concerning
a criminal charge, or fails to disclose any evidence which he/she or any person
within his/her knowledge can give for or against any prisoner or defendant
to a criminal charge.
(8)
Omits to make any necessary entry in any official document,
file or record.
(9)
Neglects or, without good and sufficient cause, omits
to carry out any instruction of a physician selected by the Board of Commissioners,
or, while absent from duty on account of sickness, is guilty of any act or
conduct calculated to retard his return to duty.
(10)
Fails to meet or maintain qualifications required by
the Municipal Police Officers' Education and Training Commission.
E.
Falsehood or prevarication, that is to say, if he/she:
(1)
Knowingly makes or signs any false statement in any official
document, file or record.
(2)
Willfully or negligently makes any false, misleading
or inaccurate statement.
(3)
Without good and sufficient cause destroys or mutilates
any official document or record, or alters any entry therein.
(4)
Tampers with or alters any Police Department or Township
electronic document, program or file.
F.
Breach of confidence, that is to say, if he/she:
(1)
Divulges any matter which it is his/her duty to keep
confidential.
(2)
Gives notice directly or indirectly to any person against
whom any warrant or summons has been or is about to be issued, except in the
lawful execution of such warrant or service of such summons.
(3)
Without proper authority communicates to the public media
or to any unauthorized person any matter connected with the Department.
(4)
Without proper authority displays or disseminates to
any person outside the Department any record, file or written, electronic
or printed document which is the property of the Department or of the Township.
(5)
Obtains, disseminates, prints, or copies any Police Department
electronic document, file or e-mail without proper authorization.
(6)
Makes any anonymous communication to the Superintendent
of Police or to any member of the Board of Commissioners.
(7)
Signs or circulates any petition or statement concerning
the candidacy of anyone for any public office.
(8)
Canvasses any members of the Board of Commissioners or
of the Civil Service Commission or any official of the Commonwealth of Pennsylvania
or of the County of Montgomery or of the Township of Lower Merion or the public
with regard to any matter concerning the Department without authority from
the Superintendent of Police.
(9)
Signs or circulates or encourages the signing or circulation
of any petition or statement with regard to any matter concerning the Department,
except through the proper channel of correspondence to the Superintendent
of Police.
(10)
Calls or attends any unauthorized or political meeting
to discuss any matter concerning the Department, or takes any active part
in any regular or primary election except to vote thereat.
G.
Corrupt practice, that is to say, if he/she:
(1)
Receives any bribe.
(2)
Fails to account for or to make a prompt and true return
of any money or property received by him/her in his official capacity.
(3)
Directly or indirectly solicits or receives any gratuity,
present, subscription or testimonial without consent of the Superintendent
of Police, the Township Manager or the Board of Commissioners.
(4)
Places him/herself under pecuniary obligation to any
person who operates an establishment at which intoxicating beverages are sold,
or to any person who holds a license concerning the granting or renewal of
which the Department may have to report or give evidence.
(5)
Improperly uses his/her character and position as a member
of the Department for his/her personal advantage.
(6)
In his/her capacity as a member of the Department, writes,
signs or gives, without sanction of the Superintendent of Police, any testimonial
or other recommendation with the object of obtaining employment for any person.
(7)
Without the sanction of the Superintendent of Police,
supports an application for the granting of a license of any kind.
H.
Unlawful or unnecessary exercise of authority, that is
to say, if he/she:
I.
Malingering, that is to say, if he/she feigns or exaggerates
any sickness or injury with a view to evading duty.
J.
Absence without leave or being late for duty, that is
to say, if he/she, without reasonable excuse, is absent without leave from
or is late for roll call, court or any other duty.
K.
Uncleanliness, that is to say, if he/she, while on duty
or while off duty in uniform in a public place, is improperly dressed or is
dirty or untidy in his/her person, clothing or accouterments.
L.
Damage to clothing or other articles supplied, that is
to say, if he/she:
(1)
Willfully, negligently or by carelessness causes any
waste, loss or damage to any article of clothing or accouterment or to any
book, document, record, equipment, vehicle or other property of the Department
or of the Township issued to him/her or used or entrusted to their care.
(2)
Fails to report any loss or damage as above, however
caused.
M.
Drunkenness and use of intoxicants, that is to say, if
he/she:
(1)
While on duty, or while off duty in uniform, is unfit
for duty by reason of the use of any intoxicating beverage or substance.
(2)
While off duty and not in uniform, is unfit for duty
by reason of the use of any intoxicating beverage or substance.
(3)
When reporting for duty, is deemed unfit in any respect
by his/her superior officer by reason of the use of any intoxicating beverage
or substance.
N.
Consuming on duty or soliciting on duty any intoxicating
beverage or substance, that is to say, if he/she:
(1)
Without the consent of his superior officer consumes
or receives from any person any intoxicating beverage or substance while he/she
is on duty or in uniform.
(2)
Demands or endeavors to persuade any person to give to
him/her or to purchase or obtain for him/her any intoxicating beverage or
substance, while he/she is on duty or in uniform.
O.
Enters a licensed premises while on duty or in uniform,
that is to say, if:
(1)
Without the consent of his/her superior officer, he/she
enters while on duty or in uniform, any premises licensed under the liquor
licensing laws or any other premises where liquors are stored or distributed
when his/her presence there is not required in the execution of his/her duty.
(2)
Exception. A member of the Police Department may enter
a licensed establishment such as a restaurant or delicatessen for the purposes
of consuming a meal as long as the officer does not consume or receive from
any person any intoxicating beverage or substance while he/she is on duty
or in uniform.
P.
Creating or failing to meet certain financial obligations,
that is to say, if he/she:
An offense against discipline may be punished by:
If any member shall demand a hearing before the Civil Service Commission
of the Township of Lower Merion on any removal, suspension or reduction in
rank, and if written answers to the charges are filed with the Superintendent
of Police, it shall be the duty of the Superintendent of Police promptly to
file such answers or a copy thereof with the Chairman of the Police Committee
or, if he/she is not available, with the Township Secretary.
