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501 Rules & Regulations (Issued 05-15-2008)FRIDLEY POLICE DATE OF ISSUE NUMBER: GENERAL ORDER May 15, 2008 501 SUBJECT: REVISION DATE SECTION: Rules and Regulations May 15, 2008 Blue I. PURPOSE The rules and regulations hereinafter set forth are intended to he used as a guide for government of the Fridley Police Department and employees thereof. II. POLICY The letter of the law determines what a police officer must do to discharge the obligation imposed by his oath, but does not encompass the ramifications which arise in the course of practical application of the principles. Members and employees of the Department will understand that no arbitrary rules can be established which will embrace all cases arising in the general discharge of their duties. Understanding of human behavior and application of common sense will go far toward the realization of police objectives. These alone are not sufficient to insure the proper handling of every incident. There must be standards of quality, rules for procedure, and regulation of conduct as guides. Conscientious observance of the rules with intelligent use of the directives published in the General Orders manual will determine the manner in which officers execute their sworn duty. All personnel of the Department will be governed by these rules and regulations. Violations will constitute a basis for disciplinary action. III. DEFINITIONS Department The Police Department of the City of Fridley, Minnesota. Public Safety Director An employee of the City of Fridley who has been appointed by the City Manager as department head of the Police Department. The position is functionally equivalent to what is commonly called Chief of Police. Division Commander An employee of the department who has been assigned by the Public Safety Director the responsibility for command of a division of the department. Command Level Officer An employee of the department holding the rank or position of Deputy Public Safety Director, Division Commander, Captain or Lieutenant. Incident Commander The ranking employee or designee at the scene of any incident. Shift Commander A designated sworn officer of the department assigned to supervise members working a patrol shift. Supervisor An employee of the department who has been assigned by the Public Safety Director the responsibility of supervision of other department members. Member All voluntary and compensated personnel of the department. Employee All compensated personnel of the department whether full-time, part-time, or temporary. Sworn Officer An employee of the department who is licensed by the State of Minnesota as a Peace Officer, who has been duly appointed to the position of Police Officer in the department, and has taken the oath of office as required in section IV.B.3. Civilian Employee Any employee of the department who is not a sworn officer. Officer-in-Charge Ranking sworn officer of the department on duty or as otherwise designated by the Public Safety Director. Senior Officer A sworn officer in any given rank with the longer service in that rank. Orders Commands or instructions, oral or written, given by one member to a member of lesser rank. Police Vehicle Any motor vehicle assigned to and used by the department for the performance of duty. Incident An occurrence or incident suggesting or requiring police action or service by members. Patrol Shift The assignment of members working patrol duties in Field Operations. IV. RULES AND REGULATIONS A. Command and Supervisory Authority and Responsibilities 1. Public Safety Director a. Authority The public safety director is the chief executive officer of the department and the final departmental authority in all matters of policy, operations and discipline. The public safety director exercises all lawful powers of his or her office and issues such lawful orders as are necessary to assure the effective performance of the department. b. Responsibilities Through the public safety director, the department is responsible for the enforcement of all laws and ordinances coming within its legal jurisdiction. The public safety director is responsible for planning, directing, coordinating, controlling and staffing all activities of the department, for its continued and efficient operation, for the enforcement of rules and regulations within the department, for the completion and forwarding of such reports as may be required by competent authority, and for the department’s relations with the citizens of the city, the city government, and other agencies. 2. Command Level Officer Subject to direction from higher command, a command level officer has direct control over all members within his or her command. In addition to the general and individual responsibilities of all members, a command level officer is responsible for the following: a. Command The direction and control of members under his or her command to assure the proper performance of duties and adherence to established rules, regulations, policies and procedures. Providing for continuation of command and/or supervision in his or her absence. b. Loyalty and Esprit de Corps The development and maintenance esprit de corps and loyalty to the department. c. Discipline and Morale The maintenance of discipline and morale within the command and the investigation of personnel complaints not assigned elsewhere. d. Interdepartmental Action The promotion of harmony and cooperation with other units of the department. Initiation of proper action in cases not regularly assigned to his or her command when delay necessary to inform the proper unit might result in a failure to perform a police duty. e. Organization and Assignment Proper organization and assignment of duties within his or her unit to assure proper performance of departmental functions and those of his or her command. f. Reports and Records. Preparation of required correspondence, reports and maintenance of records relating to the activities of his of her command. Assurance that information is communicated up and down the chain of command as required. g. Maintenance. Assurance that facilities, equipment, supplies and material assigned to his or her command are correctly used and maintained. 3. Shift Commander The shift commander, during his or her tour of duty, exercises the same authority and has the same responsibilities as his or her commanding officer, subject to higher authority. In the absence of a shift commander, the senior available sworn officer of the shift is in charge unless otherwise provided. In addition to the general and individual responsibilities of all members, a shift commander is specifically responsible for the following: a. Good Order The general good order of his or her command during a tour of duty to include proper discipline, conduct, welfare, field training and efficiency. b. Roll Call Conduct of prescribed roll calls, communication of all, orders or other information at roll call and inspection and correction of his or her command as necessary. c. Reporting Reporting as required by a command level officer. d. Personnel Complaints Inquiry into complaints against members under his or her command in accordance with the provisions of General Order 304. 4. Supervisors Supervisors are members appointed in charge of one or more other members. In addition to the general and individual responsibilities of all members, a supervisor is specifically responsible for the following: a. Supervision A supervisor may be assigned to field or office duties. During his or her tour of duty he or she must closely supervise the activities of his or her subordinates, making corrections where necessary and commending where appropriate. b. Leadership Effective supervision demands leadership. Provision of leadership shall include on-the-job training as needed for efficient operation and coordination of effort when more than one member is involved. c. Direction Supervisors must exercise direct command in a manner that assures the good order, conduct, discipline and efficiency of subordinates. Exercise of command may extend to subordinates outside his or her usual sphere of supervision if the police objective or reputation of the department so requires; or if no other provision is made for personnel temporarily unsupervised. This authority shall not be exercised unnecessarily. If a supervisor requires a subordinate other than his or her own to leave a regular assignment, the supervisor so directing will inform the subordinate’s own supervisor as soon as possible. d. Enforcement of Rules, Etc. Supervisors must enforce departmental rules and regulations and insure compliance with General Orders. e. Inspection Supervisors are responsible for inspection of activities, personnel and equipment under their supervision and initiation of suitable action in the event of a failure, error, violation, misconduct, or neglect of duty by a subordinate. f. Assisting Subordinates Supervisors shall have a working knowledge of the duties and responsibilities of his or her subordinates. He or she shall observe contacts made with the public by his or her subordinates and be available for assistance or instruction as may be required. A field supervisor shall respond to calls of serious emergencies, felonies in progress, assaults and other such incidents. He or she should observe the conduct of the assigned personnel and take active charge when necessary. B. Rules and Regulations for All Members 1. Code of Ethics a. Law enforcement is an honorable calling. Service in this field demands a professional rather than an occupational philosophy. Self sacrifice, valorous conduct, honorable action, and duty to those we serve are the motives which impel a police officer to discharge his or her responsibility in full measure. b. Sworn officers shall adhere to the Law Enforcement Code of Ethics: As a Law Enforcement Officer, my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all men to liberty, equality and justice. I WILL keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty. I WILL never act officiously or permit personal feelings, prejudices, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities. I RECOGNIZE the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession...law enforcement. 2. All members shall strive to conform to the values and ideals expressed in the department Mission Statement: Our mission is to promote a safe and desirable City. By partnering with the community. To preserve life, protect property and defend rights. We will strive to enhance public trust Through quality leadership, education, and respect for all. We will enforce laws with impartiality. And, we will provide all service with the highest degree of professional behavior. 3. Oath of Office: Newly hired police officers shall take the following Oath of Office: I [name of employee], do solemnly swear that I will support and comply with the Constitution of the United States of America; the Constitution and laws of the State of Minnesota; the charter, laws and ordinances of the City of Fridley; the rules and regulations of the Fridley Police Department; and the Law Enforcement Code of Ethics; and that I will faithfully discharge the duties of my office as a Police Officer to the best of my ability. C. Professional Conduct and Responsibilities 1. Standard of Conduct Members and employees shall conduct their private and professional lives in such a manner as to avoid bringing the department into disrepute. 2. Loyalty Loyalty to the department and to associates is an important factor in departmental morale and efficiency. Members and employees shall maintain a loyalty to the department and their associates as is consistent with the law and personal ethics. 3. Cooperation Cooperation between the ranks and units of the department is essential to effective law enforcement. Therefore, all members are strictly charged with establishing and maintaining a high spirit of cooperation within the department. 4. Assistance All members are required to take appropriate police action toward aiding a fellow peace officer exposed to danger or in a situation where danger might be impending. 5. General Responsibilities Within the city, members shall at all times take 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 federal, state and local laws and ordinances coming within departmental jurisdiction 6. Duty Responsibilities Members of the department are always subject to duty although periodically relieved of its routine performance. They shall, at all times, respond to the lawful orders of superior officers and other proper authorities as well as calls for police assistance from citizens. Proper police action must be taken whenever required. The administrative delegation of the enforcement of certain laws and ordinances to particular units of the department does not relieve members of other units from the responsibility of taking prompt, effective police action within the scope of those laws and ordinances when the occasion so requires. Members assigned to special duties are not relieved from taking proper action outside the scope of their specialized assignment when necessary. 7. Insubordination Failure or deliberate refusal of any member or employee to obey a lawful order given by a superior officer shall be insubordination. Ridiculing a superior officer or his or her orders, whether in or out of his or her presence is also insubordination. 8. Questions Regarding Assignment Members and employees in doubt as to the nature or detail of their assignment shall seek such information from their supervisors by going through the chain of command. 9. Knowledge of Laws and Regulations Every member is required to establish and maintain a working knowledge of all laws and ordinances in force in the City, the rules and policies of the department and the orders of the department and divisions thereof. In the event of improper action or breach of discipline, it will be presumed that the member was familiar with the law, rule or policy in question. 10. Performance of Duty All members and employees shall form their duties as required or directed by law, departmental rule, policy or order, or by order of a superior officer. All lawful duties required by competent authority shall be performed promptly as directed, notwithstanding the general assignment of duties and responsibilities. 11. Obedience to Laws and Regulations Members and employees shall observe and obey all laws and ordinances, all rules and regulations of the department and all general or special orders of the department. 12. Establishing Elements of Violation Existence of facts establishing a violation of a law, ordinance, or rule, is all that is necessary to support any allegation of such as a basis for a charge under this section. It is not necessary that a formal complaint be filed or sustained. Nothing in this General Order prohibits disciplining or charging members or employees merely because the alleged act or omission does not appear herein, in departmental orders, or in laws and ordinances within the cognizance of the department. 13. Reporting Violations of Laws, Ordinances, Rules or Orders Members and employees knowing of other members or employees violating laws, ordinances, or rules of the department, or disobeying orders, shall report same in writing to the Public Safety Director through official channels. If the member or employee believes the information is of such gravity that it must he brought to the immediate personal attention of the Public Safety Director, official channels may be bypassed. 14. Conduct Toward Superior and Subordinate Officers and Associates Members and employees shall treat superior officers, subordinates and associates with respect. They shall be courteous and civil at all times in their relationships with one another. When on duty and particularly in the presence of other members, employees or the public, officers should be referred to by rank. 15. Criticism of Orders Members and employees shall not publicly criticize instructions or orders they have received. 16. Manner of Issuing Orders Orders from superior to subordinate shall he in clear, understandable language, civil in tone and issued in pursuit of departmental business. 17. Unlawful Orders No command or supervisory officer shall knowingly issue any order which is in violation of any law or ordinance or departmental rule. 18. Obedience to Unlawful Orders Obedience to an unlawful order is never a defense for an unlawful action; therefore, no member or employee is required to obey any order which is contrary to federal or state law or local ordinance. Responsibility for refusal to obey rests with the member; the member shall be strictly required to justify his or her action. 19. Obedience to Unjust or Improper Orders Members or employees who are given orders which they feel to be unjust or contrary to rules and regulations, must first obey the order to the best of their ability and then may proceed to appeal as provided below. 20. Conflicting Orders Upon receipt of an order conflicting with any previous order or instruction, the member affected will advise the person issuing the second order of this fact. Responsibility for countermanding the original instruction then rests with the individual issuing the second order. If so directed, the latter command shall be obeyed first. Orders will be countermanded or conflicting orders will be issued only when reasonably necessary for the good of the department. 21. Reports and Appeals - Unlawful, Unjust, Improper Orders A member or employee receiving an unlawful, unjust or improper order shall, at first opportunity, report in writing to the Public Safety Director through official channels. This report shall contain the facts of the incident and the action taken. Appeals for relief from such orders may be made at the same time. Extra- departmental action regarding such an appeal shall be conducted through the office of the Public Safety Director. 22. Gifts, Gratuities, Fees, Rewards, Loans, Etc., Soliciting Members and employees shall not under any circumstances solicit any personal gift, gratuity, loan or fee where there is any direct or indirect connection between the solicitation and their departmental membership or employment. 23. Acceptance of Gifts, Gratuities, Fees, Loans, Etc. Members and employees shall not accept either directly or indirectly any gift, gratuity, loan, fee or any other thing of value arising from or offered because of police employment or any activity connected with said employment. Members and employees shall not accept any gift, gratuity, loan, fee, or other thing of value, the acceptance of which might tend to influence directly or indirectly the actions of said member or employee or any other member or employee in any matter of police business; or which might tend to cast an adverse reflection on the department or any member or employee thereof. No member or employee of the department shall receive any gift or gratuity from other members or employees junior in rank without the express permission of the Public Safety Director. 24. Other Transactions Members and employees are prohibited from buying or selling anything of value from or to any complainant, suspect, witness, defendant, prisoner, or other person involved in any case which has come to their attention or which arose out of their departmental employment except as may be specifically authorized by the Public Safety Director. 25. Rewards Members and employees shall not accept any gift, gratuity or reward in money or other consideration for services rendered in the line of duty to the community or to any person, business or agency except lawful salary and that which may be authorized by law. 26. Disposition of Unauthorized Gifts. Gratuities. Etc. Any unauthorized gift, gratuity, loan, fee, reward or other thing falling into any of these categories coming into the possession of any member or employee shall be forwarded to the office of the Public Safety Director together with a written report explaining the circumstances connected therewith. 28. Free Admissions and Passes Members and employees shall not solicit free admission to theaters and other places of amusement for themselves or others except in the line of duty. 29. Debts - Incurring and Payment Members and employees shall pay all just debts and legal liabilities incurred by them. D. General Conduct on Duty 1. Prohibited Activity on Duty Members and employees are prohibited from engaging in the following activities while on duty with the exceptions as noted: a. Sleeping, loafing, idling b. Recreational reading (except during breaks) c. Conducting private business d. Carrying newspapers or other articles (except in the performance of police duty) e. Drinking intoxicating beverages (except in performance of a police duty, and then, only with the specific consent of a supervisor or command level officer and never in uniform) f. Touching or making contact with another person under circumstances where such contact might be construed as sexual contact, but may touch or make physical contact when necessary to perform their assigned duties. 1) The absence of a “sexual or aggressive intent” will generally prevent any such contact from being construed as sexual contact. 2) Officers are specifically authorized to touch or otherwise make contact with other persons when necessary to conduct vice enforcement including prostitution enforcement, unlicensed escort enforcement and unlicensed massage enforcement. g. Gambling, unless to further a police purpose. 2. Loitering All members on duty or in uniform shall not enter bars, taverns, theaters or other public places except to perform a police task. Loitering and unnecessary conversation in such locations are forbidden. Eating in a licensed liquor establishment, although not forbidden, is discouraged. Members and employees off duty and not on any official standby shall not loiter in department areas. 3. National Colors and Anthem Uniformed members will render full military honors to the national colors and anthem at appropriate times. Members and employees in civilian dress shall render proper civilian honors to the national colors and anthem at appropriate times. 4. Roll Call Unless otherwise directed, members and employees shall report to daily roll call at the time and place specified, properly uniformed and equipped. They shall give careful attention to orders and instructions avoiding unnecessary talking or movement. 5. Relief All members and employees are to remain at their assignment and on duty until properly relieved by another member or employee or until dismissed by a supervisor or command level officer. 6. Meals Members may suspend their police duty, subject to call, for a meal break to be taken within their beats or assigned duty areas, subject to modification by the shift commander. Meals shall be eaten with reasonable dispatch when in public view. 7. Reporting Members and employees shall promptly submit such reports as are required by the performance of their duties or by competent authority. 8. Absence from Duty Every member or employee who fails to appear for duty at the date, time and place specified for so doing without the consent of competent authority is “absent without leave.” Such absences within the period of one day must be reported in writing to a supervisor or command level officer. Absences without leave in excess of one day must be reported in writing to the Public Safety Director. 9. Training All members shall attend in-service training as assigned by a supervisor or command level officer. Such attendance is considered a duty assignment. 10. Physical Fitness for Duty All members of the department shall maintain good physical condition so that they can handle the strenuous physical contacts often required of a law enforcement officer. 11. Consumption of Intoxicants Members and employees shall not consume intoxicants while off duty to the extent that evidence of such consumption is apparent when reporting for duty, or to the extent that ability to perform duty is impaired. 12. Intoxication Members and employees shall not at any time he intoxicated while on duty. They shall not at any time, on or off duty, be intoxicated in public view. 13. Intoxicants on Departmental Premises Members and employees shall not bring into or keep any intoxicating liquor on departmental premises except: a. When necessary in the performance of a police task authorized by a supervisor or command level officer. 1) Liquor brought into departmental premises in the furtherance of a police task shall be properly identified and stored. b. Packaged goods for temporary storage in locker spaces when the seals are unbroken. 14. Possession of Keys No member, unless authorized by a supervisor or command level officer, shall possess keys to any premises not his own, on or near his beat, or assigned area. 15. Address and Telephone Numbers Members and employees are required to have telephones in the place where they reside. Changes in address or telephone number shall be reported to a supervisor or command level officer within 24 hours of the change. E. Department Property and Equipment 1. Equipment All equipment must he clean, in good working order and conform to department specifications. 2. Responsibility Members and employees are responsible for the proper care of department property and equipment assigned to them. Damaged or lost property may subject the responsible individual to reimbursement charges and appropriate disciplinary action. 3. Damaged-Inoperative Property or Equipment Members and employees shall immediately report to their supervisor on designated forms any loss of or damage to department property assigned to or used by them. The supervisor will be notified of any defects or hazardous conditions existing in any department equipment or property. 4. Registering Equipment with the Department Members are required to register with the department the description and serial numbers of all personal police equipment they may carry on duty. 5. Uniform and Equipment Damage Claim Any claims for damage to clothing, equipment, and eyeglasses caused by performance of duty shall be made in accordance with current departmental directives or policy. 6. Compensation for Other Damages Sustained on Duty Members and employees shall not seek in any way, nor accept from any person, money or other compensation for damages sustained or expenses incurred by them in the line of duty without first notifying the Public Safety Director in writing. 7. Compensation for Damages off Duty Members and employees who have received salary from the city for injury sustained off duty or illness shall notify the Public Safety Director in writing of any intent to seek, sue, solicit or accept compensation as damages for such illness or injury. This notice shall be filed before any action is taken. It shall include the fact of the claim and the name of the respondent. 8. Care of Department 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 supervisor or command level officer. 9. Notices Members and employees shall not mark, alter, or deface any posted notice of the department. Notices or announcements shall not be posted on bulletin boards without permission of a supervisor or command level officer. No notices of a derogatory nature will be posted at any time. 10. General Orders Manual Maintenance All members and employees who are issued General Orders Manuals are responsible for their maintenance and will make appropriate changes of inserts as they arise. 11. Surrender of Department Property Members and employees are required to surrender all department property in their possession upon separation from the service. Failure to return nonexpendable items may cause the person to reimburse the department for the fair market value of the article(s). 12. Department Vehicles, Use Members shall not use any departmental vehicle without the permission of a supervisor or command level officer. Departmental vehicles shall never be used for personal business or pleasure without express permission of the Public Safety Director. 13. Transporting Citizens Citizens will be transported in departmental vehicles only when necessary to accomplish a police purpose. Such transportation will be done in conformance with departmental policy or at the direction of a supervisor or command level officer. 14. Reporting Accidents Accidents involving city personnel, property and/or equipment must be reported in accordance with adopted procedures. 15. Presumption of Responsibility In the event that city property is found bearing evidence of damage which has not been reported, it shall be prima facie evidence that the last person using the property or vehicle was responsible. F. Communications, Correspondence 1. Restrictions Members and employees shall not: a. Use departmental letterheads for private correspondence. b. Send correspondence out of the department over their signatures without the general permission of a command level officer. 2. Forwarding Communications to Higher Commands Any member or employee receiving a written communication for transmission to a higher command shall in every case forward such communication. A member receiving a communication from a subordinate directed to a higher command shall endorse it indicating approval, disapproval or acknowledgment. 3. Department Address (Private Use Of) Members and employees shall not use the department as a mailing address for private purposes. The department address shall not he used on any motor vehicle registration or operator’s or chauffeur’s license. 4. Telephones Departmental telephone equipment may not be used for the transmission of private messages without the express approval of a supervisor or command level officer. 5. 2-way Radio Operation Members and employees operating a police radio shall strictly observe requirements for such operations as set forth in department General Orders, Anoka County Law Enforcement Radio Communications Rules and Procedures Manual, and Federal Communications Commission regulations. 6. Information Services Department computer and information resources, including the City’s internet connection, may only be used for departmental purposes. Members and employees are prohibited from using the City’s network and the City’s access to the internet and other online services for any traffic not related to departmental operations. 7. Anoka County Central Records Reports generated and contact information collected by an agency partner of the Anoka County Central Records project may not be disseminated by any other agency. Members and employees are prohibited from releasing reports or contact information from the Anoka County Central Records system (or “browser”) that was generated or collected by an agency other than the Fridley Police Department. Members and employees shall respond to requests for data in accordance with data practices statutes. G. Death and Injury Notifications 1. Death or Serious Injury When a member or employee is killed or seriously injured on or off duty, immediate verbal notification by the member or employee receiving such notice will be made to the Public Safety Director or to the command level officer acting in the Public Safety Director’s absence. This will be followed by a written report no later than the following work day. Information shall include the date, location, cause, extent of injuries and property damage. Seriously injured in this instance means an injury which could result in death or disability. 2. Non-Serious Injury In cases where the injuries are other than of a serious nature, a written report will be submitted on the first work day following the incident including all information required above. These reports are in addition to those accident and injury reports otherwise required. 3. Notification of Family The immediate family of a member or employee killed or seriously injured on duty shall be notified in person as soon as practically possible by a command level officer or designee. H. Investigations, Arrests, and Detentions 1. Command of Scene At the scene of any crime, accident or other police incident, the ranking officer present shall assume command and direction of police personnel in such a manner as to assure the most orderly and efficient accomplishment of the police task. When two or more officers of the same rank are present and one of these is assigned to the investigative detail that will follow up the investigation, that ranking officer will be in charge. This provision is intended to provide for the coordination of the efforts of the several subordinate members who may be assigned to the incident; therefore, it is incumbent upon the ranking officer assuming such control to became acquainted with the facts and insure that appropriate action is being taken or is initiated. 2. General Responsibilities of Members at Crime Scenes The first member to arrive at the scene of a crime or other police incident is responsible for the following actions as they may apply to the situation: a. Summoning medical assistance and administering first aid as required to prevent further injury or loss of life. b. Arrest of violator(s). c. Security of the scene. 3. Responsibilities of Assigned Member at Crime Scene The members officially assigned to perform the preliminary or other investigation of an alleged crime or other incident are responsible for the duties in Section H.2 as they may be necessary, and the completion of the preliminary or other investigation as directed. This shall include (but is not necessarily limited to) securing statements and other information which will aid in the successful completion of the investigation, and locating, collecting and preserving physical evidence material to the issue. 4. Relief of Member Conducting Preliminary Investigation Upon completion of the preliminary investigation, the assigned officer shall stand relieved unless otherwise directed by a supervisor. 5. Identification Except when impractical or unfeasible, or where the identity is obvious, members and employees shall identify themselves by displaying the official badge or identification card before taking police action. 6. Use of Physical Force Malicious assaults committed by members constitute gross misconduct. The use of physical force shall be restricted to circumstances specified by law when necessary to accomplish a police task successfully. 7. Reports No member or employee shall knowingly falsify any official report or enter or cause to be entered any inaccurate, false or improper information on records of the department. 8. Security of Departmental Business Members and employees shall not reveal police information outside the department except as provided by general orders or as required by law or competent authority. Information ordinarily accessible only to members and employees, such as the names of informants, witnesses and other persons known to the police are considered confidential. Silence shall be employed to safeguard confidential information. Violation of the security of this type of information reflects gross misconduct. 9. Compromising Criminal Cases Members and employees shall not interfere with the proper administration of criminal justice. Members and employees shall not attempt to interrupt legal process except where a manifest injustice might otherwise occur, nor participate in or be concerned with any activity which might interfere with the process of law. a. Except in the interest of justice members and employees shall not attempt to have any traffic citation or notice to appear, reduced, voided or stricken from the calendar. b. Any member of employee having knowledge of such action and failing to inform his superior officer thereof shall be subject to charges. 10. Assisting Criminals Members and employees shall not communicate in any manner, either directly or indirectly, any information which might assist persons guilty of criminal or quasi-criminal acts to escape arrest or punishment or which may enable them to dispose of or secrete evidence of unlawful activity or money, merchandise or other property unlawfully obtained. 11. Recommending Attorneys and Bail Bond Brokers Prohibited Members and employees shall not suggest, recommend, advise or otherwise counsel the retention of any attorney or bail bond broker to any person coming to their attention as a result of police business. a. This does not apply when a relative of the member seeks such service. b. In no case may such advice be given where a fee, gratuity, or reward is solicited, offered or accepted from the attorney or bail bondsman. c. Soliciting business for an attorney or bail bondsman is gross misconduct. 12. Acting as Bailor Prohibited Members and employees cannot act as bailors for any person in custody except relatives, and in no case where any fee, gratuity or reward is solicited or accepted. I. Public Activities 1. Publicity Members and employees shall not seek personal publicity in the course of their employment. 2. Commercial Testimonials Members and employees shall not permit their names or photographs to be used to endorse any product or service which is in any way connected with law enforcement without the permission of the Public Safety Director. They shall not, without the permission of the Public Safety Director, allow their names or photographs to be used in any commercial testimonial which alludes to their position or employment with the department. 3. Public Appearance Requests All requests for public speeches, demonstrations and the like will be routed to a command level officer for approval and processing. Members and employees directly approached for this purpose shall suggest that the party submit a request to a command level officer. 4. Membership in Organizations Except for the Armed Forces Reserve components, members and employees shall not affiliate themselves with any organization or group, the constitution or by laws of which in any way exacts prior consideration or which would prevent its members from rendering proper and efficient service to the department. 5. Subversive Organizations No member or employee shall, knowingly become a member of or connected with any subversive organization, except when necessary in the performance of duty and then only under the direction of the Public Safety Director. 6. Personal Preferment No member or employee may seek the influence or intervention of any person outside the department for purposes of personal preferment, advantage, transfer or advancement. 7. Conduct Toward the Public Members and employees shall be courteous and orderly in their dealings with the public. They shall perform their duties quietly, avoiding harsh, violent, profane or insolent language, and shall always remain calm regardless of provocation to do otherwise. Upon request, they are required to supply their name and badge number in a courteous manner. They shall attend to requests from the public quickly and accurately, avoiding unnecessary referral to other parts of the department. 8. Impartial Attitude All members, even though charged with vigorous and unrelenting enforcement of the law, must remain completely impartial toward all persons coming to the attention of the department. Violations of the law are against the people of the state and not against the individual officer. All citizens are guaranteed equal protection under law. Exhibiting partiality for or against a person because of race, creed or influence is conduct unbecoming an officer. Similarly, unwarranted interference in the private business of others when not in the interests of justice is conduct unbecoming an officer. 9. Caring for Lost, Helpless, Injured or Ill Persons Members shall always be alert to assist lost, helpless, injured, or ill persons. Every member is strictly charged with maintaining a proficiency in first aid techniques authorized by the American Red Cross. Failure or inability to render first aid competently is considered as serious neglect of duty. 10. Availability When on Duty Members on duty shall not conceal themselves except for some police purpose. They shall be immediately and readily available to the public during duty hours. 11. Responding to Calls for Service Members of the department shall respond without delay to all calls for police assistance from citizens or other members. Emergency calls take precedence; however, all calls shall be answered as soon as possible consistent with normal safety precautions and vehicle laws. Failure to answer a call for police assistance promptly, without justification, is misconduct. Except under the most extraordinary circumstances, or when otherwise directed by competent authority, no member shall fail to answer any call for service directed to him or her. Central Communications will be informed when leaving the air, and when returning to a duty status. J. Judicial and Investigative Actions, Appearances and Testifying 1. Court Appearances Attendance at a court or quasi-judicial hearing as required by subpoena is an official duty assignment. Permission to omit this duty must be obtained from the prosecuting attorney handling the case or other competent court official. When appearing in court, either the official uniform or clothing conforming to standards imposed on officers working in plainclothes shall be worn. Weapons will not be displayed unless wearing the uniform. Members shall present a neat and clean appearance avoiding any mannerism which might imply disrespect to the court. 2. Testifying for the Defendant Any member or employee subpoenaed to testify for the defense in any trial or hearing, or against the city or department in any hearing or trial, shall notify his a command level officer upon receipt of the subpoena. 3. Truthfulness Members and employees are required to be truthful at all times whether under oath or not. 4. Civil Action Interviews Civil action interviews involving members or employees which arise out of departmental employment shall be conducted according to current department directives. 5. Civil Action, Court Appearances – Subpoenas A member or employee shall not volunteer to testify in civil actions and shall not testify unless legally subpoenaed. Members and employees will accept all subpoenas legally served. If the subpoena arises out of departmental employment or if the member or employee is informed that he or she is a party to a civil action arising out of departmental employment, he or she shall immediately notify a command level officer and the governmental attorney of the service or notification, and of the testimony he or she is prepared to give. Members and employees shall not enter into any financial understanding for appearances as witnesses prior to any trial, except in accordance with current directives. 6. Civil Depositions and Affidavits Members and employees shall confer with a command level officer before giving a deposition or affidavit on a civil case. If the command level officer determines that the case is of importance to the city, he or she shall inform the public Safety Director before the deposition or affidavit is given. 7. Civil Cases Members shall avoid entering into civil disputes particularly while performing their police duties, but shall prevent or abate a breach of the peace or crime in such cases.