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317 Professional Conduct (Issued 05-15-2008)FRIDLEY POLICE DATE OF ISSUE NUMBER: GENERAL ORDER May 15, 2008 317 SUBJECT: REVISION DATE SECTION: Professional Conduct of Peace Officers May 15, 2008 Yellow I. PURPOSE To identify the professional conduct expected of officers of this Department. II. POLICY It is the policy of the Fridley Police Department to investigate circumstances that suggest an officer has engaged in unbecoming conduct, and impose disciplinary action when appropriate. III. PROCEDURE This policy applies to all officers of this agency engaged in official duties, whether within or outside of the territorial jurisdiction of this agency. Unless otherwise noted, this policy also applies to off duty conduct. Conduct not mentioned under a specific rule but that violates a general principle is prohibited. A. Principle One Peace officers shall conduct themselves, whether on or off duty, in accordance with the Constitution of the United States, the Minnesota Constitution, and all applicable laws, ordinances and rules enacted or established pursuant to legal authority. 1. Rationale Peace officers conduct their duties pursuant to a grant of limited authority from the community. Therefore, officers must understand the laws defining the scope of their enforcement powers. Peace officers may only act in accordance with the powers granted to them. 2. Rules a. Peace officers shall not knowingly exceed their authority in the enforcement of the law. b. Peace officers shall not knowingly disobey the law or rules of criminal procedure in such areas as interrogation, arrest, detention, searches, seizures, use of informants, and preservation of evidence, except where permitted in the performance of duty under proper authority. c. Peace officers shall not knowingly restrict the freedom of individuals, whether by arrest or detention, in violation of the Constitutions and laws of the United States and the State of Minnesota. d. Peace officers, whether on or off duty, shall not knowingly commit any criminal offense under any laws of the United States or any state or local jurisdiction. B. Principle Two Peace officers shall refrain from any conduct in an official capacity that detracts from the public’s faith in the integrity of the police department or criminal justice system. 1. Rationale Community cooperation with the police is a product of its trust that officers will act honestly and with impartiality. The peace officer, as the public’s initial contact with the criminal justice system, must act in a manner that instills such trust. 2. Rules a. Peace officers shall carry out their duties with integrity, fairness and impartiality. b. Peace officers shall not knowingly make false accusations of any criminal, ordinance, traffic or other law violation. This provision shall not prohibit the use of deception during criminal investigations or interrogations as permitted under law. c. Peace officers shall truthfully, completely, and impartially report, testify and present evidence, including exculpatory evidence, in all matters of an official nature. d. Peace officers shall take no action knowing it will violate the constitutional rights of any person. e. Peace officers must obey lawful orders, but a peace officer must refuse to obey any order the officer knows would require the officer to commit an illegal act. If in doubt as to the clarity of an order, the officer shall, if feasible, request the issuing officer to clarify the order. An officer refusing to obey an order shall be required to justify his or her actions. f. Peace officers learning of conduct or observing conduct that is in violation of any law or policy of this agency shall take necessary action and report the incident to the officer’s immediate supervisor, who shall forward the information to the Public Safety Director or designee. If the officer’s immediate supervisor commits the misconduct, the officer shall report the incident to the immediate supervisor’s supervisor. C. Principle Three Peace officers shall perform their duties and apply the law impartially and without prejudice or discrimination. 1. Rationale Law enforcement effectiveness requires public trust and confidence. Diverse communities must have faith in the fairness and impartiality of their police. Peace officers must refrain from fostering disharmony in their communities based upon diversity, and perform their duties without regard to race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. 2. Rules a. Peace officers shall provide every person in our society with professional, effective and efficient law enforcement services. b. Peace officers shall not allow their law enforcement decisions to be influenced by race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. D. Principle Four Peace officers shall not, whether on or off duty, exhibit any conduct which discredits themselves or their agency or otherwise impairs their ability or that of other officers or the agency to provide law enforcement services to the community. 1. Rationale A peace officer’s ability to perform his or her duties is dependent upon the respect and confidence communities have for the officer and law enforcement officers in general. Peace officers must conduct themselves in a manner consistent with the integrity and trustworthiness expected of them by the public. 2. Rules a. Peace officers shall not consume alcoholic beverages or chemical substances while on duty, except as permitted in the performance of official duties, and under no circumstances while in uniform, except as provided for in D.2.c. b. Peace officers shall not consume alcoholic beverages to the extent the officer would be rendered unfit for the officer’s next scheduled shift. A peace officer shall not report for work with the odor of an alcoholic beverage on the officer’s breath. c. Peace officers shall not use narcotics, hallucinogens, or other controlled substances except when legally prescribed. When medications are prescribed, the officer shall inquire of the prescribing physician whether the medication will impair the officer in the performance of the officer’s duties. The officer shall immediately notify the officer’s supervisor if a prescribed medication is likely to impair the officer’s performance during the officer’s next scheduled shift. d. Peace officers, while on duty/off duty, shall not engage in any conduct which the officer knows, or should reasonably know, constitutes sexual harassment as defined under Minnesota law, including but not limited to; making unwelcome sexual advances, requesting sexual favors, engaging in sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature. e. Peace officers shall not commit any acts, which as defined under Minnesota law, constitute sexual assault or indecent exposure. Sexual assault does not include a frisk or other search done in accordance with proper police procedures. f. Peace officers shall not commit any acts which, as defined under Minnesota law, constitute (1) domestic abuse, or (2) the violation of a court order restraining the officer from committing an act of domestic abuse or harassment, having contact with the petitioner, or excluding the peace officer from the petitioner’s home or workplace. g. Peace officers shall not, in the course of performing their duties, engage in any sexual contact or conduct constituting lewd behavior, including but not limited to, showering or receiving a massage in the nude, exposing themselves or otherwise making physical contact with the nude or partially nude body of any person, except in the course of an approved investigation to which the officer is assigned. h. Peace officers shall avoid regular personal associations with persons who are known to engage in criminal activity where such associations will undermine the public trust and confidence in the officer or agency. This rule does not prohibit those associations that are necessary to the performance of official duties, or where such associations are unavoidable because of the officer’s personal or family relationships. E. Principle Five Peace officers shall treat all members of the public courteously and with respect. 1. Rationale Peace officers are the most visible form of local government. Therefore, peace officers must make a positive impression when interacting with the public and each other. 2. Rules a. Peace officers shall exercise reasonable courtesy in their dealings with the public, fellow officers, superiors and subordinates. b. No peace officer shall ridicule, mock, deride, taunt, belittle, willfully embarrass, humiliate, or shame any person to do anything reasonably calculated to incite a person to violence. c. Peace officers shall promptly advise any inquiring citizen of the agency’s complaint procedure, and shall follow the established agency policy for processing complaints. F. Principle Six Peace officers shall not compromise their integrity, nor that of their agency or profession, by accepting, giving or soliciting any gratuity which could be reasonably interpreted as capable of influencing their official acts or judgments, or by using their status as a peace officer for personal, commercial, or political gain. 1. Rationale For a community to have faith in its peace officers, officers must avoid conduct that does or could cast doubt upon the impartiality of the individual officer or the agency. 2. Rules a. Peace officers shall not use their official position, identification cards or badges: (1) for personal or financial gain, for themselves or another person; (2) for obtaining privileges not otherwise available to them except in the performance of duty; and (3) for avoiding consequences of unlawful or prohibited actions. b. Peace officers shall not lend to another person their identification cards or badges or permit these items to be photographed or reproduced without approval of the chief law enforcement officer. c. Peace officers shall refuse favors or gratuities, which could be reasonably interpreted as capable of influencing official acts or judgments. d. Unless required for the performance of official duties, peace officers shall not, while on duty, be present at establishments that have the primary purpose of providing sexually oriented adult entertainment. This rule does not prohibit officers from conducting walk-throughs of such establishments as part of their regularly assigned duties. e. Peace officers shall: 1) not authorize the use of their names, photographs or titles in a manner that identifies the officer as an employee of this agency in connection with advertisements for any product, commodity or commercial enterprise; 2) maintain a neutral position with regard to the merits of any labor dispute, political protest, or other public demonstration while acting in an official capacity; 3) not make endorsements of political candidates, while on duty, or while wearing the agency’s official uniform. f. This section does not prohibit officers from expressing their views on existing, proposed or pending criminal justice legislation in their official capacity. G. Principle Seven Peace officers shall not compromise their integrity, nor that of their agency or profession, by taking or attempting to influence actions when a conflict of interest exists. 1. Rationale For the public to maintain its faith in the integrity and impartiality of peace officers and their agencies, officers must avoid taking or influencing official actions where the officer’s actions would or could conflict with the officer’s appropriate responsibilities. 2. Rules a. A peace officer shall, unless required by law or policy, refrain from becoming involved in official matters, or influencing actions of other peace officers in official matters, impacting the officer’s immediate family, relatives, or persons with whom the officer has or has had a significant personal relationship. b. A peace officer shall, unless required by law or policy, refrain from acting or influencing official actions of other peace officers in official matters impacting persons with whom the officer has or has had a business or employment relationship. c. A peace officer shall not use the authority of their position as a peace officer, or information available to them due to their status as a peace officer, for any purpose of personal gain including, but not limited to, initiating or furthering personal and/or intimate interactions of any kind with persons with whom the officer has had contact while on duty. d. A peace officer shall not engage in any off-duty employment if the position compromises or would reasonably tend to compromise the officer’s ability to impartially perform the officer’s official duties. H. Principle Eight Peace officers shall observe the confidentiality of information available to them due to their status as peace officers. 1. Rationale Peace officers are entrusted with vast amounts of private and personal information, or access thereto. Peace officers must maintain the confidentiality of such information to protect the privacy of the subjects of that information, and to maintain public faith in the officer and agency’s commitment to preserving such confidences. 2. Rules a. Peace officers shall not knowingly violate any legal restriction for the release or dissemination of information. b. Peace officers shall not, except in the course of official duties or as required by law, publicly disclose information likely to endanger or embarrass victims, witnesses or complainants. c. Peace officers shall not divulge the identity of persons giving confidential information except as required by law or agency policy. I. Application Any disciplinary actions arising from violations of this policy shall be investigated in accordance with Minnesota Statutes § 626.89 Peace Officer Discipline Procedures Act and General Order 304 Internal Investigation.