A.
The regulations in the Town's Police Manual are adopted
as a guide for the discipline and government of the Police Department.
It cannot be expected that any set of regulations will cover all situations
or emergencies which arise. In a role as complex as that of a police
officer, intelligence and discretion will often be the only available
guidelines.
B.
There is a need for standards of conduct and general
rules in any organization, especially one in an area as important
as law enforcement. These regulations are formulated to meet that
need and shall consist of Sections I, II and III of the Town's Police
Manual. Section I of the manual is entitled "Rules and Regulations"
and defines the minimal expectations of all members and employees
of the Police Department. Section II contains job descriptions and
is called "Duties by Rank and Assignment." Section III contains "Policies
and Procedures." These are the policies of the Department for a variety
of situations which may arise during an officer's tour of duty. Procedures
for implementing each policy are also listed.[1]
C.
Department members and employees are required to read
and be familiar with the contents of the Police Manual. The purpose
of this manual is not to provide the Chief or appointing authority
with a tool for punishing officers. Rather it is an attempt at improving
the effectiveness of the Police Department by making clear to all
officers and employees what is expected of them and what they can
expect of fellow officers and employees.
D.
It is anticipated that from time to time this manual
will need revision. Times, attitudes and policies change. This manual
was printed in loose-leaf form so that revisions can be made more
easily. New pages will be printed and inserted whenever changes are
made.
If any part of these regulations is rendered
inoperable or declared illegal by any court or tribunal of competent
jurisdiction, the balance of the entire manual will remain in full
force and effect.
Every word importing the masculine gender only
shall be construed to extend to and to include females as well as
males.
As used in this chapter, the following terms
shall have the meanings indicated:
An area assigned for patrol purposes.
A subdivision of a division of the Police Department having
a specific purpose.
The unbroken line of authority extending from the Chief of
Police and through a single subordinate at each level of command down
to the level of execution.
A superior officer or, in his absence, the most senior officer
assigned to exercise command over a division, bureau or unit.
The manner in which an individual behaves and conducts himself.
A police assignment.
A standard of orderly conduct based on obedience and conformity
to a set of rules or regulations.
A major part of the police organization which encompasses
a group of bureaus or units.
A sworn obligation to perform a police action or service.
Comprises nonexpendable items such as revolvers, other firearms,
batons, handcuffs, black jacks, desks, typewriters, etc.
A directive published by order of the Chief of Police applying
to all members and civilian employees which has the force of a regulation.
A center from which orders are issued or plans formulated.
In police work, includes the office and staff of the head of the Department.
Incapable of the satisfactory performance of police duties.
A person who gives the police certain information to assist
in their work.
The willful disobedience of any order lawfully issued by
a superior officer, or any disrespectful, mutinous, insolent or abusive
language toward a superior officer.
An instructional publication which describes the most acceptable
way of performing specified tasks.
A female civilian employee having supervision of the women's
detention quarters.
Indicates permissive action.
Sworn policemen and policewomen, whether or not probationary,
unless stated otherwise.
An informal record of any proceeding or informal communication
of any kind.
Goal, objective or specified work.
Failure to give suitable attention to the performance of
duty.
A sworn member of the police force who has arrest powers;
the term is applied without regard to sex, rank, division or duty.
Prior to an officer's permanent appointment, he shall serve
a period of not less than 12 months.
Any officer who shall be in command of any organic unit or
situation at any given time.
Through the hands of the superior officer in the chain of
command.
The organic structure of the Department's separate parts.
Whenever a member is not in service or involved in a police
activity.
The sovereign power of the state to regulate the safety,
morals and general welfare of the public.
A fixed point, location or area to which a member or employee
is assigned for duty.
A manner of taking police action.
The act of making known officially.
The right or power to decide and command, when such right
is specifically delegated.
Each class level of members of the police force.
The officer having the highest rank.
A mandate promulgated by the Chief of Police, applicable
to all members and employees, and having the force of law.
A working shift or duty period.
Indicates mandatory action.
Upon recommendation of the Chief of Police and the Town Manager,
with the approval of the Town Council, constables may be appointed
and they will adhere to the rules and regulations set forth by the
Police Department.
A directive published by order of the Chief of Police applying
to particular members and employees.
A member above the rank of patrolman.
Property used by or expended in daily use, such as paper
towels, typewriter ribbons, pencils, pads, etc.
An established work period.
The police uniform specifically designated by the Chief of
Police to be worn by uniformed members or employees of the Police
Department at any given time.
An oral directive by a superior officer to a subordinate.
Firearms, blackjack, baton, etc.
A.
Appointment and tenure. All police officers on the
permanent police force below the rank of Chief of Police shall be
appointed or promoted, as the case may be, by the Town Manager with
the approval of the Town Council and upon the recommendation of the
Chief of Police, provided they shall have satisfactorily passed such
qualifying tests as the Town Council shall have established. They
shall hold their respective offices, during good behavior, until vacated
by death, resignation or retirement, or until they shall be removed
in the manner set forth in this chapter; provided, nevertheless, that
all members of the force shall, at the time of their permanent appointment,
have served for a period of not less than 12 months in a probationary
status, during which probationary period they may be removed at any
time by the Town Manager with the approval of the Town Council and
upon recommendation of the Chief of Police, with or without cause.
B.
Qualifications for appointment and promotion. The
Town Council shall provide standards for qualifications for appointment
as a member of the permanent police force and for promotion to the
various ranks by it specified and, for this purpose, shall require
appropriate tests.
C.
Decrease in number of permanent police force. The
Town Council shall have the right to decrease the number of police
officers on the permanent police force upon the recommendation of
the Town Manager for the purpose of complying with and remaining within
appropriations currently available for the payment of compensation
within the Police Department, and for this purpose shall, without
making any charges and without cause, have the right to remove a police
officer or officers who are members of the permanent police force.
In any such case, the Town Council shall order the removal of the
officer having the lowest rank and seniority in service. Any officers
so removed shall have precedence in the order of their seniority over
all other candidates for future appointments to the permanent police
force.
D.
Oath of office on appointment. All police officers,
including the Chief of Police, upon their appointment to the permanent
police force shall swear the following oath of office prior to assuming
any duties:
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"I, __________, do solemnly swear (affirm) that
I will support the Constitution and obey the laws of the United States
of America and of the State of Rhode Island; that I will, in all respects,
observe the provisions of the Home Rule Charter and ordinances of
the Town of East Greenwich, and will faithfully discharge the duties
of the office of __________ in the Police Department of the Town of
East Greenwich, so help me God. This affirmation I make and give upon
pain of the penalty of perjury."
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E.
Appointment of probationary patrolmen.
(1)
Upon appointment as a probationary patrolman, every
appointee shall swear the following oath:
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"I solemnly swear (or affirm) that I will support
the Constitution and obey the laws of the United States of America
and of the State of Rhode Island; that I will, in all respects, observe
the provisions of the Charter and ordinances of the Town of East Greenwich,
and will faithfully discharge the duties of the office of probationary
patrolman."
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(2)
Probationary patrolmen may be separated from the force
at any time during the probationary period of one year without trial
or hearing when the Chief of Police deems such separation to be for
the good of the force.
F.
Appointment to third grade patrolman. After successful completion of the probationary period, the Chief of Police may recommend to the Town Manager to appoint probationary patrolmen to permanent status in the Department. Each appointee shall reswear the oath described in Subsection E of this section. The Town Manager may approve the appointment to third grade patrolman, may extend for a period not exceeding one year the probationary period, or may terminate the individual subject to these rules and the Town Charter.
Police officers are professionals and, as such,
are expected to maintain exceptionally high standards in the performance
of their duties. Effective and efficient performance of his duty requires
that a police officer maintain the respect and cooperation of his
community. This requirement dictates that the conduct of all police
officers be above reproach in all matters both within and outside
the Department. General professional responsibilities include taking
appropriate action to:
A.
Protect life and property;
B.
Preserve the peace;
C.
Prevent crime;
D.
Detect and arrest violators of the law;
E.
Enforce all laws coming within departmental jurisdiction;
F.
Supervise public functions (such as parades or dances)
where public order requires police presence;
G.
Respond to all public emergencies;
H.
Endeavor to maintain good community relations;
I.
Perform any other duties as assigned by proper authorities;
and
J.
Obey all statutes and ordinances as necessary.
Since the position of a police officer is a
public trust, it is important to avoid all situations involving conflicts
of interest whether in fact or only in appearance.
A.
Membership in organizations. A member or employee
of this Department shall not affiliate with or become a member of
any organization if such affiliation or membership would in any way
interfere with or prevent him from performing his duty.
B.
Outside employment. Prior to accepting any outside
employment, a member or employee must receive written approval of
the Chief. No member of the Department shall accept other employment
which could impair his independence of judgment in the exercise of
official duties.
C.
Membership in military organizations. A member of
the force is prohibited from voluntarily joining any federal or state
military organization without the permission of the Chief of Police.
Nothing contained in this subsection is intended to interfere with
or affect the discharge of a member's compulsory military obligation.
D.
Political activities.
(1)
Participation in political activities while in uniform
or on duty is prohibited. All actions which could even give the impression
that an officer is using his official position to influence the electoral
process are to be avoided. Members and employees who become candidates
for salaried elective office shall take a leave of absence without
pay. Such leave shall encompass both the campaign and the tenure of
office if elected.
(2)
A member of the force shall not engage in political
activity in behalf of, or against, any candidate or political question.
While in uniform, a civilian employee of the Department shall not
engage in political activity or discussion on behalf of, or against,
any candidate or political question. Nothing contained in these regulations
shall be construed to mean that a member or employee of the Department
is prohibited from exercising his legal voting rights.
E.
Gifts and gratuities. Members and employees shall
not under any circumstances solicit or accept any gift, gratuity,
loan, reward or fee where there is any direct or indirect connection
between the solicitation and their departmental membership or employment,
except as may be specifically authorized by the Chief. Members and
employees must pay for all meals and beverages.
F.
Seeking gifts. No member or employee of the Department
shall seek, directly or indirectly, any gift, present or gratuity
from any person, firm, group of persons, or relatives, friends or
employees of the same, on the basis of his membership in the Department.
G.
Accepting gifts. No member or employee of the Department
shall accept, directly or indirectly, any gift, present or gratuity
from any person, firm, group of persons, or relatives, friends or
employees of the same, who might conceivably come to expect or seek
preferential treatment, whether in the nature of extra police services
or exemption from police enforcement measures.
H.
Gifts from certain classes of citizens. No member
or employee of the Department shall accept under any circumstances,
directly or indirectly, any gift, present or gratuity from any person,
firm, group of persons, or relatives, friends or employees of such
persons who may be engaged in or in any way interested in the operation
of a tavern, saloon or any establishment engaged in the sale of alcoholic
beverages; from any gambler, person of bad character or ill repute;
any professional bondsman; or any friend, relative or employee of
such persons.
I.
Rewards. No member or employee of the Department shall
seek or accept any money, gift, gratuity, reward or compensation for
any service rendered or expense incurred in the line of duty without
the written consent of the Chief of Police.
J.
Testimonials and presents. No member or employee of
the Department shall collect or receive any money or other thing of
value from any source whatever for the purpose of making a present
or giving a testimonial for any member or employee of the Department,
unless specific permission is granted by the Chief of Police. No member
or employee of the Department shall seek or accept such present or
testimonial without the permission of the Chief of Police.
K.
Unauthorized transactions. Members and employees are
prohibited from entering into any transactions of material value at
substantially lower than fair market value or the value at which such
goods or services is being offered to the general public, when such
transaction takes place between themselves and any person involved
in any matter or case which arose out of their employment with the
Department, except as may be specifically authorized by the Chief.
L.
Use of official position. An officer shall not use
his official position, Department identification card or badge to
gain privileges not otherwise available to him except in the performance
of duty. His official position, Department identification card or
badge shall never be used to avoid the consequences of illegal acts.
M.
Contributions. A member of the force or uniformed
employee shall not seek or be obliged to make contributions in money,
service or otherwise, for any political purpose.
N.
Prohibited places. Except in the line of duty, a member
or employee of the Department shall not visit or loiter near any bar,
tavern, tap, lounge or other establishment suspected by the police
as being a place of actual or probable law violations or a place that
is frequented by known hoodlums or other unsavory characters.
An order is a command or instruction, written
or oral, given by a superior officer. All lawful orders, written or
oral, shall be carried out fully and in the manner prescribed. All
general orders, memorandums, special circulars or other orders printed
upon authorized departmental forms that have been approved by the
Chief of Police shall have the force and effect of a Department regulation.
All members of the force shall become familiar with the regulations
and provisions thereof.
A.
General orders. General orders are permanent written
orders issued by the Chief of Police outlining policy matters which
affect the entire Department. A general order is the most authoritative
written order the Chief issues and may be used to amend, supersede
or cancel any previous order. General orders remain in full effect
until amended, superseded or canceled by the Chief. Arrangements shall
be made to include general orders in the Police Manual.
B.
Special orders. Special orders are temporary written
orders issued by the Chief of Police outlining instructions covering
particular situations. Special orders are automatically cancelled
when their objective is achieved.
C.
Unlawful orders. No member shall knowingly issue an
order in violation of any law or any departmental regulation. Unlawful
orders shall not be obeyed. The officer to whom the order was given
shall notify the ordering officer of the illegality of his order.
Responsibility for refusal to obey rests with the officer to whom
the order was given. He shall be strictly required to justify his
action.
D.
Unjust or improper orders. Lawful orders which appear
to be unjust or improper shall be carried out. After carrying out
the orders, the officer to whom the order was given may file a written
report to the Chief via the chain of command indicating the circumstances
and the reasons for questioning the orders, along with his request
for clarification of departmental policy.
E.
Conflicting orders. Should any order given by a superior
officer conflict with any previous departmental order, the member
to whom such order is given will call attention to the conflict. If
the superior officer does not change his order to avoid such conflict,
then his order will be obeyed, but the member obeying such order will
not be held responsible for disobedience of the previous order. It
should later be reported to the Chief in writing for clarification.
F.
Complying with instructions from radio dispatcher.
All messages transmitted over the police radio system by any member
of the force shall be direct and concise and shall conform with all
departmental radio procedures and the rules and regulations of the
Federal Communications Commission. No member shall disobey or refuse
to take cognizance of any communication transmitted through the radio
dispatcher by a superior officer.
A.
In addition to the specific duties of each individual
rank and assignment, as set forth in Section II of the Police Manual,
the following provisions are applicable to all members of the Department:
(1)
Reporting for duty. Report for duty whenever so ordered
by proper police authorities. Report for duty at the regularly appointed
time and not absent himself from duty without leave. Every member
of the force shall report for duty and be present at the time and
place specified by his commanding officer. He shall be properly equipped
with the regulation weapons and other accoutrements and shall be clothed
in the prescribed uniform of the day.
(2)
Awareness of activities. Upon returning to duty from
any absence, inform himself about all new orders, regulations, memoranda
and all other important matters governing his assignment. Every member
of the force shall familiarize himself with all the laws, statutes,
ordinances and regulations necessary for the proficient execution
of his duty as a police officer.
(3)
Submitting reports. Promptly and accurately complete
and submit all reports and forms as required.
(4)
Attention to duty. Every member of the force who has
occasion to handle any complaint, assistance call, arrest or other
duty shall attend to such duty with a businesslike dispatch and courtesy
and without any unnecessary loss of time. He shall furnish information
or render police aid to all persons with due courtesy whenever such
request is consistent with his duty.
(5)
Address and telephone. An officer shall have a telephone
in his residence and shall report any change of phone number or address
to his superior officer within 48 hours.
(6)
Truthfulness. An officer shall truthfully state the
facts in all reports as well as when he appears before any judicial,
departmental or other official investigation, hearing, trial or proceeding.
He shall cooperate fully in all phases of such investigations, hearings,
trials and proceedings. A member or employee of the Department shall
speak the truth at all times and under all circumstances. In cases
in which he is not allowed by the regulations of the Department to
divulge facts within his knowledge, he will decline to speak on the
subject.
(7)
Physical fitness. Maintain good physical condition
in accordance with a standard determined by the Chief. Every member
of the force shall keep himself as physically fit as his age and the
nature of his duties require. The Department police surgeon shall
have the responsibility, subject to the approval of the Chief of Police,
for judicious interpretation of this regulation in individual cases.
(8)
Physical examination. A member shall submit to a physical
exam at any time, at the expense of the Department, when so ordered
by the Chief of Police.
(9)
Communication. Transmit communications to other members
of the Department when required.
(10)
Civil suits for personal injuries. Any claims
for damage to clothing or other personal property belonging to a member
or employee caused by the performance of duty shall be made in accordance
with current departmental directives. Members and employees shall
not seek in any way, nor accept from any persons, money or compensation
for damages sustained or expenses incurred by them in the line of
duty without first notifying the Chief of Police in writing. Members
or employees who have received municipal salaries for illness or for
personal injuries 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. Notice shall be filed before
the action is taken. It shall include the facts of the claims and
the name of the defendant. Keep the Chief informed of the status of
the case and the final court determination. This provision shall not
apply to private insurance policies held by members or employees for
which premiums are not paid for in part or in whole by the municipality.
(11)
Line-of-duty disability. Any injury, illness
or disability incurred in the line of duty shall be reported in writing
by the concerned party to his commanding officer; such report to be
investigated by his supervisor. Final disposition as to line-of-duty
injuries, illnesses or disabilities shall be made by the Chief after
consultation with a physician. In each case of illness, injury or
disability incurred in the line of duty, no officer shall be returned
to duty until his ability to be placed on duty status is certified
by proper medical authority, except that an officer may be returned
to light duty by proper medical authority. Such light duty may be
assigned by proper authority.
(12)
Respect. On or off duty, in uniform or out of
uniform, a member or employee of the Department shall extend the proper
courtesy and respect toward all superior officers of the Department.
(13)
Instant action. Every member of the force, regardless
of rank or assignment, shall act instantly to protect life, liberty
or property; to enforce all laws and to detect the commission of crimes;
and to apprehend law violators.
(14)
Rendering assistance. Department personnel shall
render police assistance to all persons and fellow officers who request
it, so far as such assistance is consistent with police duties. Personnel
shall cooperate with all other agencies engaged in the administration
of criminal justice or public welfare, affording them all the aid
and authorized information such organizations are entitled to receive.
(15)
Duty to report information. It shall be the
duty of every member of the force to report to his commanding officer
any information given to him in good faith by any citizen regarding
matters that indicate the need for police action.
(16)
Assisting fellow members of the force. Members
of the force are expected to be firm and calm in their actions at
all times and, at times of peril, shall act together to protect each
other from danger and for the restoration of peace and order.
(17)
Knowledge of the Town. Every member shall familiarize
himself with the geography of the Town, including routes of public
transportation, the location of streets, highways, bridges, public
buildings and places, hospitals, courts, transportation offices and
stations, prominent or important office buildings, large industrial
plants or commercial establishments, and such other information as
may be disseminated by superiors from time to time.
(18)
Weapons, badge, identification card. Except
when on annual furlough, a member of the force shall be armed at all
times while off duty and shall have on his person his police badge
and his police identification card. It shall not be necessary that
a member carry his service revolver while off duty. No member of the
force who is dressed in civilian clothes, either on or off duty, shall
wear his pistol or revolver, holster, handcuffs or blackjack in such
a manner that will attract attention or be in open view of the public,
but rather, he shall wear it concealed in a manner as to be inconspicuous.
An exception to this regulation is granted to those members participating
in raids or acting in a police emergency.
(19)
Annual firearms qualification. In accordance
with the requirements of state law, a member of the force shall qualify
in the use of firearms at least once each year at the Department's
weapon range.
(20)
Condition, loss or damage to firearms. A member
of the force shall maintain his service revolver in a serviceable
condition at all times and shall clean and oil it each week to prevent
rust or wear. Unserviceability, damage or loss of the firearm shall
be immediately reported to the Department weapons officer through
the member's commanding officer.
(21)
Custody of Department and personal weapons or
ammunition. A member of the force having temporary or permanent custody
of weapons or ammunition shall be held accountable for the security,
amount and condition of the weapons and ammunition throughout the
period that the weapons or ammunition remains in his custody and shall
keep such weapons and ammunition in a safe and secure condition at
all times.
(22)
Repair or alteration of firearms. A member of
the force shall not alter or repair any part of his service revolver
without the approval of the Chief of Police.
(23)
Handling money and property. All money or other
property coming into the possession of any member of the force through
the normal course of police duty which is not his own shall be delivered
to the proper custodian of the Department or to a superior officer,
and a report shall be made of the transaction.
(24)
Knowledge of police regulations. Every member
of the force shall have a copy of the regulations of the East Greenwich
Police Department and shall be familiar with the provisions thereof.
(25)
Use of in-service training manuals. A member
of the force shall be held accountable for all the information contained
within the in-service training manuals distributed by the Police Academy,
shall practice all the procedures and shall utilize all the information
set forth within the manuals.
(26)
Use of weapons. A member of the force who finds
it necessary to use his baton or blackjack in making an arrest or
attempting to make an arrest or who shall find it necessary to discharge
his service revolver under any condition shall immediately notify
his commanding officer in writing. Such commanding officer shall conduct
an immediate investigation as to the possibility of injury to any
person or property and to the propriety of the member's use of his
weapon.
(27)
Trials and hearings.
(a)
All members of the force concerned with cases
before the courts, grand jury or hearing boards shall be punctual
in attendance and shall make a clean and neat appearance. All members
shall have the cases in which they are complainants or witnesses properly
prepared; the witnesses shall be present and suitably arranged for
presentation to the court, grand jury or hearing board. They shall
afford the utmost respect toward officers of the court, officers of
hearing boards and members of the jury. When presenting evidence or
testimony, they shall speak calmly and explicitly in a clear, distinct
and audible tone so as to be easily understood. They shall give evidence
with accuracy, confining themselves to the case before the court and
shall neither suppress nor overstate the slightest circumstance with
an intention of favoring any person or projecting ill will to either
the complainant or the defendant. When cross-examined by a defense
attorney, they shall answer with the civility and readiness as when
giving testimony in support of the prosecution.
(b)
If at any time a member of the force presents
to the court any improper or unsatisfactory testimony or whenever
any remarks detrimental to the presentation of testimony by a member
are made by the justice of a court, members of a grand jury or members
of a hearing board, a full report shall be made by the member setting
forth all the facts, and the report shall be forwarded to the Chief
of Police.
(28)
Duty status. Although certain workday hours
are allotted to every member of the force for the performance of specific
workday duties, a member of the force shall be in an on-duty status
at all times for the preservation of the peace and the protection
of life, liberty or property. A member shall be prepared at all times
and under all circumstances to perform immediately a police duty whether
or not the member is in uniform or off workday duty whenever the member
is cognizant of a need for police service. A member of the force shall
be fit for duty at all times except when carried on a sick or injured
report.
(29)
General knowledge and performance. Every member
of the force shall familiarize himself with all the laws, statutes,
ordinances and regulations necessary for the proficient execution
of his duty as a police officer. Any member who fails to perform efficiently
his assigned duty may be charged with neglect of duty.
(30)
Reporting for duty. Every member of the force
shall report for duty and be present at the time and place specified
by his commanding officer. He shall be properly equipped with the
regulation weapons and other accoutrements and shall be clothed in
the prescribed uniform of the day.
(31)
Bearing. A member of the force shall carry himself
as befits an officer of the law and the representative of the sovereignty
of the state. He shall walk erect and present a military posture,
and any slouching in the public view shall be regarded as a breach
of discipline.
(32)
Member to know identity of superior officers.
It shall be the duty of every member of the force to know the identity
of his superior officers.
(33)
Traffic observation posts. A uniformed member
of the force assigned to mobile unit patrol duty who finds it necessary
to take a fixed traffic observation post shall dismount from his vehicle,
maintain an alert soldierly bearing and shall observe traffic conditions.
(34)
Duty to report false information. It shall be
the duty of every member of the force to report to his commanding
officer any Department reports or statements of which he has knowledge
and which he believes or knows to be false in whole or in part.
A.
The following acts by a member of the Department are
prohibited or restricted:
(1)
Criminal conduct. Commission of any felony or misdemeanor.
(2)
Conduct unbecoming an officer. Any specific type of
conduct which reflects discredit upon the member as a police officer,
upon his fellow officers, or upon the Police Department he serves.
(3)
Neglect of duty. Being absent from assigned duty without
leave or failing to take suitable appropriate police action when any
crime, public disorder or other incident requires police attention.
(4)
Insubordination. Failure or deliberate refusal to
obey a lawful order issued by a superior officer.
(5)
Unnecessary force. The use of more physical force
than that which is necessary to accomplish a proper police purpose.
(6)
Discourtesy. Discourtesy, rudeness or insolence to
any member of the public. An officer shall be courteous and tactful
in the performance of his duties and shall control his temper, exercising
the utmost patience and discretion, even in the face of extreme provocation.
(7)
Intoxicant, drugs, etc., possession. A member or employee
of the Department shall not bring, place or permit to be brought or
placed, or allow to be kept in any building, location or vehicle within
the Department any intoxicant, exhilarant, hypnotic, hallucinogen,
or narcotic, except in the strict performance of police duty as required
by regulations or orders or when it is needed for prompt administration
by a licensed physician.
(8)
Use of intoxicants. A member or civilian employee
of the Department shall not drink intoxicating beverages or use intoxicants
in any manner while on duty or in uniform. When off duty, the member
or employee of the Department shall not drink intoxicating beverages
to an extent that it would render one unfit for immediate duty. It
is strictly forbidden to drink alcoholic beverages while in uniform
or while carrying firearms.
(9)
Use of drugs. A member or employee of the Department
shall not use or render himself unfit for duty through the use of
narcotics, exhilarants, hypnotics or hallucinogens or other toxic
drugs unlawfully administered.
(10)
Improper associations. Voluntarily maintaining
or establishing relationships with persons engaged in unlawful activity,
except in the discharge of official duty, and without prior knowledge
of the member's commanding officer or the Chief of Police. A member
or employee of the Department shall not consort with hoodlums, criminals
or other unsavory characters unless such association is specifically
required as a matter of police duty.
(11)
Undue influences. Seeking the influence or intervention
of any person outside the Department for purposes of personal preferment,
advantage, transfer or advancement.
(12)
Recommending private services. Recommending
or suggesting in any manner the employment or purchase of any particular
professional or commercial service or product, such as lawyers, bondsmen,
undertakers, towing services or burglar alarm companies, except in
the transaction of personal business.
(13)
Personal business. Conducting personal business
while on duty.
(14)
Department letterhead. Use of the departmental
letterhead for private correspondence or sending official correspondence
out of the Department without the permission of the Chief of Police.
No member or employee or the Department shall send any written communication
about police business to any person, firm or other law enforcement
or public agency without the consent of his commanding officer.
(15)
Mailing address. Use of the Department as a
mailing address for private purposes, especially for the purpose of
a motor vehicle license or registration.
(16)
Possessing keys to private buildings. Having
keys to private buildings or dwellings on a member's area of patrol
without the permission of the Chief.
(17)
Sleeping. Sleeping while on duty.
(18)
Reading. Recreational reading while on duty,
except during meals.
(19)
Smoking. Conspicuous smoking while on duty.
A member of the force or a uniformed civilian employee shall not smoke
in uniform while in view of the public, marching in uniform, standing
in ranks, or under any condition which might bring discredit upon
the Department.
(20)
Notices. Altering, defacing or removing any
posted notice of the Department. No notice shall be posted on the
Department bulletin board without the permission of the Chief of Police
or the officer in charge. A member or employee of the Department shall
not mark, alter, mar or deface any printed or written notice, memorandum,
general order or directive relating to police business. A member or
employee shall not mark, alter, mar or deface any notice posted on
any bulletin board or blackboard maintained by the Department. All
notices of a personal nature and/or of a derogatory character regarding
any member or employee or organic unit of the Department are prohibited.
(21)
Lost or damaged Department property. Members
or employees of the Department shall promptly report in writing to
their commanding officer the loss, damage or unserviceable condition
of any Department property assigned to them or under their control.
The commanding officer shall forward the report to the Chief of Police
through channels with a copy for his commanding officer.
(22)
Incompetence. An officer shall maintain sufficient
competency to perform his duty and to assume the responsibilities
of his position. Incompetency may be demonstrated by the following:
(a)
A lack of knowledge of the application of laws
to be enforced;
(b)
An unwillingness or inability to perform assigned
tasks;
(c)
The failure to conform to work standards established
for the officer's rank, grade or position; or
(d)
Repeated poor evaluations or repeated infractions
of the rules and regulations.
(23)
False information on records. A member or employee
of the Department shall not make false official reports, or knowingly
enter or cause to be entered into any departmental books, records
or reports, any inaccurate, false or improper information or material
matter.
(24)
Misappropriation of property. A member or employee
of the Department shall not appropriate for his own use any lost,
found or stolen property nor convert to his own use any property of
the Town or property held by the Department for evidence.
(25)
Loitering by members and uniformed employees.
During his tour of duty, a member or uniformed employee of the Department
shall not loiter in cafes, saloons, restaurants, drive-in theaters,
service stations or other public places, except for the purpose of
police business. Persons other than those transacting police business
shall not be permitted to loiter in or about the police buildings.
(26)
Interfering with course of justice. All personnel
of the Department are forbidden to take part in or be concerned with,
either directly or indirectly, any compromise or arrangement with
any person whomsoever for the purpose of permitting an accused person
to escape the penalty of his wrongdoing, or seek to obtain a continuance
of any trial or otherwise interfere with the course of justice. Information
of any negotiations between an accused or his representative and the
accuser or any witness shall be disclosed to the proper superior or
to the presiding officer of a court or hearing.
(27)
Recommendation for disposition of cases. A member
of the Department shall not make recommendation for the disposition
of any case pending in the courts without the consent of the Chief
of Police.
(28)
Statements concerning liability. A member of
the force shall not make any oral or written statements to anyone
concerning liability in connection with the operation of police vehicles
or performance of other police duty, unless specifically authorized
to do so by the Chief of Police.
(29)
Withholding evidence. A member of the force
shall not fabricate, withhold or destroy any evidence of any kind.
(30)
Soliciting petitions for promotion or change
of duty. A member of the force shall not solicit a petition for his
promotion to a higher rank or a change in duty status, for the promotion
or change of duty status of any other member of the force, or for
the appointment of anyone to the force; nor shall a member of the
force promote or cause to be promoted any political influence to effect
such an end.
(31)
Distribution of cards, buttons, etc. Members
of the force, individually or representing police organizations, are
prohibited from issuing to persons, other than members of the force
on the active or retired list, any card, button or other device which
assumes or implies to grant to the person holding such credentials
any special privilege or consideration so far as the business of the
Police Department is concerned. The distribution of any card, button
or other device is prohibited unless authorized by the Chief of Police.
(32)
Unnecessary radio transmissions prohibited.
A member of the force shall not transmit lengthy descriptions or details
of other lengthy information over the police radio system unless circumstances
prevent the member from making such transmissions known to the dispatcher
by the use of the police telegraph system or public telephone.
(33)
Release of telephone numbers. No member or employee
of the Department shall release to the public or any public agency
the restricted home telephone number of any other member or employee
of the Department without authorization from his immediate superior
officer.
(34)
Warrants for assault upon a police officer.
A member of the force shall not make application for a warrant charging
another person with an assault upon such member without first reporting
the facts of the case to his commanding officer. The commanding officer
shall forward to the Chief of Police a full report and shall not grant
the issuance of a warrant without written permission from the Chief.
A member of the force shall not compound any offense committed against
his person or property or withdraw any complaint without the consent
of the Chief of Police.
(35)
Incurring Department liability. A member or
employee of the Department shall not incur a liability chargeable
to the Town unless with the knowledge and consent of the Chief of
Police or a superior officer designated by the Chief of Police.
(36)
Dissemination of information.
(a)
An officer shall treat the official business
of the Department as confidential and shall conform to the following
guidelines:
[1]
Information regarding official business shall
be disseminated only to those for whom it is intended, in accordance
with established departmental procedures.
[2]
An officer shall not remove or copy official
records or reports from a police installation except in accordance
with established departmental procedures.
[3]
An officer shall not divulge the identity of
a person giving information except as authorized by proper authority
in the performance of police duties.
(b)
A member or employee of the Department shall
not divulge to any unauthorized person, in or out of the Department,
(i.e., one who does not have an official "need to know"), any information
concerning the official business of the Department if such information
would impair the public service of the Department or improperly interfere
with the due administration of criminal justice, unless authorized
by the Chief of Police.
(37)
Feigning illness. An officer shall not feign
illness or injury, falsely report himself ill or injured, or otherwise
deceive or attempt to deceive any official of the Department as to
the condition of his health.
(38)
Gambling in the station. No games of chance,
card playing or gambling of any kind shall be permitted in any police
building or station.
(39)
Recording devices. Any device used to record
voices on tape shall not be carried on the person of a police officer
unless such recording device is issued by the Department or authorized
by the Chief of Police.
(40)
Out of service. A member or employee of the
Department shall not leave his beat or responsibilities when not on
official police business without first obtaining permission of the
officer in charge and reporting his leaving to the dispatcher or desk
officer.
(41)
Controversial discussion. A member or employee
of the Department shall not speak slightingly of any nationality,
race or religion.
(42)
Public criticism. A member or employee of the
Department shall not publicly criticize or ridicule the Department,
its policies, or any other member or employee by talking, writing
or expressing in any other manner, where such public criticism or
ridicule would tend to impair the operation of the Department by interfering
with its efficiency, would tend to interfere with the ability of supervisors
to maintain discipline, or where such public criticism or ridicule
is made with knowing or reckless disregard to the truth or falsity
of the matters asserted.
(43)
Political activity. A member of the force shall
not engage in political activity in behalf of, or against, any candidate
or political question while on duty. While on duty, a civilian employee
of the Department shall not engage in political activity or discussion
on behalf of, or against, any candidate or political question. Nothing
contained in this regulation shall be construed to mean that a member
or employee of the Department is prohibited from exercising his legal
voting rights.
(44)
Written communications. No member or employee
of the Department shall send any written communication about police
business to any person, firm or other law enforcement or public agency
without the consent of the Chief of Police.
(45)
Duty time limited to police work. Members of
the force shall not shop while on duty nor devote any of their on-duty
time to any activity other than that which relates to police work
and shall not perform any police duty in uniform for the purpose of
private gain unless properly authorized.
(46)
Testimony in civil cases. A member of the force
shall not testify in any civil case in court, unless legally summoned
to do so or unless he shall have received permission or order from
the Chief of Police.
(47)
Borrowing. No member or employee of the Department
shall borrow from any other member or employee of the Department any
money, security or property, or obtain any credit or guarantee of
credit; nor shall any member or employee borrow from any tavern keeper
or assign his wages or give any power of attorney for the collection
thereof.
Members shall be neat in appearance and well
groomed while on duty in uniform. All articles of clothing shall conform
to the departmental uniform regulations as established by the Chief.
Civilian clothing shall not be worn with any distinguishable part
of the uniform.
A.
Hair styles. Hair shall be neat, clean, trimmed and
present a groomed appearance. Hair will not protrude below the ears
or the collar except the closely cut hair on the back of the neck.
Hair in front will be groomed so that it does not fall below the band
of properly worn headgear. In no case will the bulk or length of the
hair interfere with the proper wear of any authorized headgear. The
acceptability of a member's hairstyle will be based upon the criteria
in this subsection and not upon the style in which he chooses to wear
his hair.
B.
Sideburns. If an individual chooses to wear sideburns,
they will be neatly trimmed and tapered in the same manner as his
haircut. Sideburns will not extend below the lowest part of the exterior
ear opening, will be of even width (not flared), and will end with
a clean-shaven horizontal line.
C.
Mustaches. A short and neatly trimmed mustache may
be worn, but shall not extend over the top of the upper lip or beyond
the corners of the mouth.
D.
Beards and goatees. The face will be clean-shaven
other than the wearing of the acceptable mustache or sideburns. Beards
and goatees are prohibited, except that a waiver for the wearing of
a beard for medical reasons with the prior approval of the Chief of
Police shall be allowed. When prescribed that a member not shave,
the beard will be kept trimmed so that it does not protrude more than
1/2 inch from the skin surface of the face.
E.
Wigs. Wigs or hairpieces will not be worn on duty
in uniform except for cosmetic reasons to cover natural baldness or
physical disfiguration. If under these conditions a wig or hairpiece
is worn, it will conform to departmental standards. Wigs or a hairpiece
may be worn by officers assigned to undercover with the prior approval
of the Chief of Police.
Equipment issued to members of the Department
shall remain the property of the Department. Members and employees
shall maintain departmental property and equipment assigned to them
in good condition. Damaged or lost property may subject the responsible
individual to reimbursement charges and/or appropriate disciplinary
action. Members shall sign receipts for all issued equipment.
A.
Damaged inoperative property and equipment. Members
and employees shall immediately report to their commanding officer
on designated forms any loss or damage to departmental property or
equipment assigned to them. The immediate superior shall be notified
of any defects or hazardous conditions existing in any departmental
property or equipment.
B.
Care of departmental 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.
Surrender of departmental property. Members and employees
are required to surrender all departmental property in their possession
upon separation from the service or when otherwise ordered.
D.
Departmental vehicles. A valid state driver's license
is required of all members. Members shall not use departmental vehicles
without permission of the commanding officer. Departmental vehicles
shall never be used for personal business or pleasure. While a member
of the force is on duty, he shall not drive a private vehicle to his
post or assignment or patrol his post or cover his assignment with
a private vehicle unless he is authorized to do so by his commanding
officer.
E.
Transporting citizens. Citizens shall be transported
in departmental vehicles only when necessary to accomplish a police
purpose. Such transportation shall be done in conformance with departmental
policy or at the direction of a commanding officer, immediate supervisor
or the communications center.
F.
Authorized equipment. While on duty, a member shall
carry only such equipment as is issued by the Department or authorized
by the Chief of Police.
G.
Reporting accidents. Accidents involving departmental
property, personnel and/or equipment must be reported in accordance
with procedures established by the Chief of Police.
H.
Upkeep of Police Manual. All members and employees
who are issued the Police Manual are responsible for its maintenance
and knowledge of its contents, and they are required to make appropriate
changes or inserts as issued by the Chief. The manual shall be considered
departmental property.
I.
Responsibility for items of identification. Each member
of the Department shall be responsible for the items of identification
issued to him as a member of the force, namely, the police badge,
hat wreath, name bar and identification card. He shall not permit
any other person to borrow or use the items of identification issued
to him by the Department. Any loss of such items shall be reported
immediately by the member to his commanding officer, together with
a written report of the circumstances leading to such loss.
A.
License requirements. No person shall operate a departmental
vehicle of any kind unless he has a valid license to operate such
vehicle.
B.
Authority to operate. No person shall operate a departmental
vehicle without receiving orders or permission from a superior entitled
to give such orders or permission.
C.
Riders. No person shall be permitted to ride as a
passenger in a departmental vehicle, except when necessary for the
proper performance of police duty.
D.
Safe driving of police vehicles. The driver of any
police vehicle shall operate the vehicle in a reasonable and safe
manner, exercising due caution and judgment. He shall operate the
police vehicle in compliance with the motor vehicle laws and traffic
regulations, except when in actual pursuit or in responding to an
emergency, during which time he will strictly adhere to the driving
procedures established for the operation of emergency vehicles.
E.
Accidents involving police vehicles. All accidents
involving police vehicles shall be investigated by a superior officer
who shall respond to the scene and shall conduct a traffic accident
investigation and make a report thereon to his commanding officer
who shall forward such report to the Chief of Police. The commanding
officer of the operator involved in the accident shall subsequently
submit a report to the Chief of Police setting forth his findings
and recommendations relative to the responsibility or negligence on
the part of the operator.
F.
Injuries inflicted to persons or property. Whenever
a member or employee of the Department is involved in an accident
while operating a police vehicle or in any way injures a person or
damages property, the member or employee shall immediately notify
the superior officer in charge of the station.
G.
Responsibility for vehicle. A member or employee of
the Department who is assigned to duty as an operator of a departmental
vehicle shall be responsible for the instant serviceability of the
vehicle assigned to his use. Except when the vehicle is in emergency
use, the member or employee shall inspect the vehicle when it is turned
over to him and shall render a written report to his superior officer
of any defect, damage or unserviceability of such vehicle. Furthermore,
the member or employee shall inspect the interior of the vehicle for
the presence of any unauthorized articles or things. Failure to inspect
the condition of the vehicle upon receipt by the member or employee
shall be regarded as neglect of duty.
H.
Operation of departmental vehicles. No person shall
use a departmental motor vehicle for the purpose of pushing another
vehicle, nor shall a departmental motor vehicle be towed by another
vehicle except by the towing facilities provided by the Department.
No person shall operate a departmental vehicle that has a deflated
tire or when there is evidence of an apparent mechanical defect.
I.
Unattended police vehicle. The operator of a departmental
motor vehicle shall lock the ignition and remove the key from his
vehicle upon dismounting and, when leaving the vehicle unattended
for more than a brief period, he shall lock the doors of such vehicle.
A.
Basic workweek. The basic workweek for members and
full-time employees of the Department is established as being four
days on, two days off, which at the end of a year equals 37 1/2
hours per week.
B.
Police week. Each police week will cover the period
from midnight Sunday to midnight the following Sunday.
D.
Custody of prisoners. Any member of the force who
has at any time the custody of any person under arrest or detention
shall be responsible for the proper safeguard of such person and their
property for the period of time they remain in his custody.
E.
Return of personal property to rightful owner. Whenever
any member or employee of the Department has an occasion to return
personal property held by the police to the rightful owner or to the
owner's authorized representative, the member or employee shall obtain
from either the owner or the representative his signature on a standard
police receipt form. The receipt form shall include a brief description
of the property, the reported value, the case number and the signature
of the member or employee who makes the transaction. If the property
has been listed on the standard property form, the member or employee
shall cause the rightful owner or authorized representative thereof
to affix his signature to the three copies of the standard property
forms.
F.
Seniority. A member's seniority status in the force
shall be determined according to the date of his appointment to his
present rank. Where two or more members of the same rank are appointed
on the same day, the first named in the order of appointment shall
be the ranking member.
G.
Use of Department reports, records and communications.
(1)
All official communications to the Town Council or
the Town Manager shall be forwarded through the Chief of Police.
(2)
No written communication with reference to police
business shall be made by any police officer or civilian employee
to anyone, except upon the authority of a properly designated superior
officer.
(3)
Copies shall be made and filed of all letters and
telegrams sent from the Police Department, and copies of all communications
shall be retained in the office from which they are sent.
(4)
A Department record shall not be removed from any
building or office except with the permission of the Town Council,
the Town Manager or the Chief of Police.
(5)
Entries in Department records shall be made without
unnecessary delay; they shall be accurate, concise and placed in chronological
order by the person or persons designated to such duty. Erasures shall
not be made, and, if corrections are to be made, an ink line shall
be drawn through the incorrect matter and the corrections entered
immediately above the deletion. The person making the correction shall
affix his initials alongside the correction.
H.
Design of Department books, records and stationery.
All books, records or other printed forms used by the Police Department
shall be of a style and type approved by the Chief of Police. All
books, records and files necessary for the proper operation of each
division, bureau or unit of the Department shall be efficiently maintained
by the division, bureau or unit.
The Chief of Police shall have the power to
discipline the members and employees of the Department. The discipline
shall be provided in accordance with the Town Charter, these rules
and regulations and/or the General Laws of the State of Rhode Island.
If a member is in a probationary status, he may be removed at any
time with or without cause and without hearing by the Town Manager,
with the approval of the Town Council and upon recommendation of the
Chief of Police. The Chief of Police shall be able to suspend without
pay any officer or employee; however, any such suspensions over ten
days shall be subject to the Town Manager's approval.
