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HomeMy WebLinkAbout91-82 RESOLUTIONRESOLUTION NO. 9/—,g). A RESOLUTION ADOPTING RULES AND REGULATIONS GOVERNING EMPLOYEES IN THE FAYETTEVILLE POLICE DEPARTMENT. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Board of Directors hereby approves the rules and regulations attached"hereto, marked Exhibit "A", and made a part hereof.governing all employees in the Fayetteville Police Department. PASSED AND APPROVED this 9O day of R9905TF , 1982. " Q ATTEST Y 3 � CLERK` a Ak." ,CITY APPROVED: ?� a MAYOR • • FAYETTEVILLE POLICE DEPARTMENT P.O. Box 4218 Fayetteville, Arkansas 72701 DEPARTMENT POLICY POLICE OFFICER CONDUCT A police officer is a representative of the City and to the marjority is a symbol of trust and authority. Since the conduct of an officer, on or off duty, may reflectupon the Department, all members must at all times conduct themselves in a manner which does not impair the operation or morale of the Department or cause the public to lose confidence in the Department. DEPARTMENT POLICY In an organization such as the Fayetteville Police • FAYETTEVILLE POLICE DEPARTMENT P.O. Box 4218 Fayetteville, Arkansas 72701 GENERAL RULES AND REGULATIONS FOREWORD Department, absolute supervision of all members is impossible. However, a high degree of uniformity of thought andaction must prevail to serve the citizens of Fayetteville fairly and impartially. It is not possible to reduce all policies and practices to writing. Other policies will have to be added, and will continue to change with conditions. Each officer should be familiar with the contents to make their job easier and more effective. The rules and policies outlined are intended to be a guide for members in performing their duties. The rules and regulations, while held to a minimum, demand strict obedience. Bob Jones Chief of Police FAYETTEVILLE POLICE DEPARTMENT. P, 0, Box 4218 ' Fayetteville, Arkansas 72701 ,`GENERAL RULES ANDTEGULVITIONS SECTION 1; All general or special orders which may be issued hereafter by the commanding officer relating to the discipline or duties of the members shall be recognized and considered as a part of these rules and regulations. SECTION 2: Immediately upon the adoption of these police department rules and regulations, all members of the Fayetteville Police Department shall read and become thoroughly familiar with the same. SECTION 3! The comfort and convenience of members shall be given consideration and promoted in every reasonable way consistent with the rules and regulations and the fulfillment of the Department's obligation to the public. SECTION 4: Within one week after the appointment of a member, the member shall sign a statement that a copy of the rules has been received, read, and agrees to abide by them and any amend- ment thereto after appointment. Such statement shall be delivered to the personnel officer of the department and shall be filed, SECTION 5; Officer in charge must report to the Chief of Police any violation of these rules and negligence of duty on the part of any subordinate member. "" T SECTION 6: The Chief of_Po]i-ce-Shall arrange all shifts and prescribe the time at'which members shall report for duty. 1-1 1 SECTION 7: Members shall report at Police headquarters before going on duty in sufficient time to receive orders and instructions from commanding officer and read reports from previous shift. SECTION 8: No member shall leave the assigned area of duty until properly relieved, unless it be to take a prisoner to the jail •or to answer a call for assistance. Before leaving duty, however, all members shall report back to the police headquarters to make necessary reports. SECTION 9: Members shall not be permitted to work in the place of any member of another shift unless such permission is granted by the Chief, Assistant Chief, or Captain. SECTION 10: Officers shall retain a proper reserve and exact a proper respect in all official relations with their subordinates, being careful to abstain from violent, abusive, or immoderate language in giving orders and directions as well as when engaged in conversation with them. SECTION 11: Members shall be treated impartially in assignment of duties and otherwise. Prejudice on account of age, sex, race, religion, or politics will not be tolerated, nor shall unfair advantage be taken of a subordinate because of obligation to obedience. SECTION 12: Ranking officers shall supervise the work of their members and see that it is properly performed. They shall see that all rules and orders are strictly carried out and obeyed. SECTION 13: When any member of the department is unable to report for duty on account of sickness or injury, such fact shall be promptly reported to the Chief, Assistant Chief, or Captain or supervisor in charge of the shift. 1-2 • • SECTION 14: All officers 'and members, when answering the telephone at police headquarters, shall give their names and titles. SECTION 15: Officers and members positively shall not loan any department equipment or tools, except on permission of -the Chief of the department or other supervisor personnel. 'SECTION 16: All members when reporting for duty shall be completely attired in the regulation uniform as prescribed for the department. Failure to do so may subject a member to temporary suspension from duty without pay. SECTION 17: All members of the department shall be required to present at all times a neat, clean, well-groomed appearance. When reporting for duty, the member's shoes shall have been shined, trousers shall be pressed, shirt shall look neat and hair shall conform to the department dress code. The Sam Brown belt, holster, and other leather equipment shall be shined. Police caps shall be worn but not at an agle or on the back of the head. SECTION 18: No member shall give out information to media representatives pertaining to the operation of the Police Depart- ment, unless authorized to do so by the Chief of the department. SECTION 19: No officer or member shall receive or collect any fine or fines for parking tickets, other traffic violations, or any other offenses whatsoever. Members shall courteously advise citizens that all fines are payable at the Fayetteville Police Department. SECTION 20: No officer or member shall take, solicit, retain, receive, or extort any fee, property, reward, gift, compensation, • 1-3 • or thing of value or free service in any form from any person, firm, or corporation for any services rendered in the conduct or performance of the duties as a police officer. SECTION 21: All members of the Police Department are subject to call at any time, and must report for extra duty promptly when so notified by the Chief of Police or officer in charge. SECTION 22: All members of the Police Department are required to have a telephone and to keep the department advised of the correct telephone number. "iMembers must also keep the department advised as to their addresses, the street and number of their residences and any change in the same. SECTION 23: All members of the department shall at all times and upon all occasion when on duty, conspicuously display their badges so that they may be distinctly seen, unless they are working in plain clothing. SECTION 24: No member of the force while on duty shall attend any picture show or other place of entertainment, or shall loiter, or spend unnecessary time at any place unless in the line of duty, or to prevent the law from being violated. -.- SECTION 25: (a) An officer, upon making an arrest in obedience to a warrant issued by a court or a Judge thereof, shall, making the arrest, deal and proceed with the person arrested as directed by the terms of the warrant. (b) An officer making an arrest without a warrant shall without unnecessary delay take the person arrested before the most conveniently located magistrate strate,yin the presence -of -the person 1-4 and state to such magi - arrested, the grounds of • • the arrest, and the circumstances surrounding it, and shall thereupon deal and proceed with the person arrested as directed by the magistrate. SECTION 26: (a) No police officer shall use, in making an arrest, or in detaining a person arrested, or in recapturing an arrested person, any force or violence, except such that is necessary to effect the arrest, detention, or recapture of the person, as the case may be. (Also see Section 28) (b) No police officer shall break open any door of any house to effect an arrest, or for the purpose of making a search or seizure, or for the purpose of recapturing an arrested person, until after having demanded admittance, and explaining the purpose for which admittance is desired, and being thereupon refused admittance, and then only when it is reason- ably necessary to break open such door in order to accomplish the arrest or recapture. (c) Officers shall distinguish between foolhardiness and courage in making arrests and investigating suspicious characters. While some risk is involvedin police service, officers should not unnecessarily jeopardize their lives. Since their purpose is to apprehend criminals, they shall summon assistance when un- aided arrest seems unlikely. (d) No police officer, in effecting an arrest, or in detaining a person arrested or in recapturing an arrested person, shall damage or destroy any property except such as is unavoid- ably necessary. SECTION 27: (a) No police officer shall search any person or place, or seize any property except pursuant to a warrant issued 1-5 9i .01.01 by a court or Judge thereof directing such seizure, and partic- ularly describing the place to be searched and the property to be seized, and except, further, that a police officer, after making a legal arrest, may search the person arrested and the immediate place where the arrest occurs. (b) No police officer shall execute any search warrant in the night time, unless the warrant under which the officer is proceeding, expressly provides therefore. SECTION 28: A law enforcement officer is justified in using nondeadly physical force, or threatening to use deadly physical force, upon another person when reasonably believed necessary: (1) To effect an arrest or to prevent the escape from custody of an arrested person unless the officer knows that the arrest is unlawful; or (2) To defend the officer or a third person from what is reasonably believed to be the use of imminent use of physical force while effecting or attempting to effect an arrest or while preventing or attempting to prevent an escape.(Ark. Stat.#41-51001 "Physical force" means any bodily impact, restraint, or confinement, or the threat thereof. (Ark. Stat.#41-501(3)) A law enforcement officer is justified in using deadly physical force upon another person when reasonably believed necessary: (1) To effect an arrest or to prevent the escape from custody of an arrested person whom the officer reasonably believes has committed _or,attemp-ted:.to=commit a felony; or (2) To defend the officer or a third person from what is,_reasonably believed to be the use of imminent use of deadly 1-6 •1 • physical force. (Ark. Stat. #41-510(2)). "Deadly physical force" means physical force that under the circumstances in which is is used is readily capable of causing death or serious injury. (Ark. Stat. #41-501(5)). (b) REPORT REQUIRED WHEN FIREARM DISCHARGED In every instance where a police officer discharges a firearm, except where such discharge is during practice on the firing range, the officer shall file a written report with the Chief of Police as soon as possible after the firearm is discharged. The report shall state all facts which led to the discharge of the ,firearm and any injury or damage as a result. (c) CARRYING FIREARM DURING NON -WORKING HOURS Officers who carry firearms before or after assigned working hours shall conform their conduct to all departmental and civil service commission rules and regulations and policies governing the conduct of a police officer during assigned working hours. SECTION 29: (a) No police officer shall directly or indirectly solicit, demand, receive, collect, or retain any money, property, or thing of value for the performance of duties as a police officer, except the compensation therefore provided by law, it being required that all police officers shall fully, completely, and faithfully perform all their lawful duties solely for the compensation allowed them by law. (b) No police officer shall directly, or indirectly, solicit, demand, receive, collect or retain any money, property, of thing of value for such officer to neglect, fail to, refuse or to do or perform any act or thing required of such officer by law, or by these rules and regulations. 1-7 • f;. SECTION 30: (a) Police officers, in the discharge'bf their duties, shall conduct themselves civilly in all their contacts and dealings with each and all members of the public, and brutality, violence, unnecessary force, intimidation or abusive action shall never be indulged in or used by a police officer. (b) No police officer shall, either by the use of force, abuse, violence, unnecessary force, intimidation, or threats thereof, or by promises or threats, make any person give any statement or confession of, or concerning any crime, or anything connected therewith, or require any person to pursue any action or course with • reference to any crime or thing connected therewith. In addition, all suspects must be advised of their rights before questioning. SECTION 31: In case of alleged unjust treatment in violation of the rules and regulations, a member may prefer charges against a superior to the proper authorities, but failure to substantiate such charges shall render the accusing member liable to disciplinary action. When any member suspects that a violation of Rules has occurred they are to notify the Chief for investigation, and may request results of the finding. Reporting a suspected violation confidentially is not a violation of rules. SECTION 32: Every full -paid, full-time member of the department shal/. devote their whole time to the business of the department and is expressly prohibited from being employed in or giving his personal attention to any other business except with the permission of the Chief. The Chief shall apply the following: conflict of interest, decrease the trust or confidence of the public, and interfere with duties of police officer. SECTION 33: Officers and members are cautioned that the use of obscene, immoral, profane or disrespectful language, agitating and tending to create dissension in the department or attempts to cause undue 1-8 • i or:unfavorable reflections upon any member of the department. will not be tolerated. Officers and members shall not engage in altercations under any circumstances. SECTION 34: Officers and members shall be held responsible at all times,. whether on or off duty, for conduct Unbecoming a member of the department`or tending to lower the service in the estima- tion of the public. Members should be governed by ordinary rules of good behavior observed by law abiding and self- respecting citizens. SECTION 35: Officers are executed to set an example to their subordinates in the matter of due respect and regard for the rules and regulations in all matters pertaining to proper discipline. SECTION 36: No officers or member shall directly or indirectly, except by permission of the Chief of the department, sell tickets, solicit any money, circulate any petitions, subscrip- tions, or allow the use of their name or that of the depart- ment for any fair, exhibition, benefits, or similar project. In deciding whether to grant such permission, the Chief shall not discriminate against any member of the department. Such permission may be granted if the activity will not adversely affect the administration or management of the department, or decrease the trust or confidence of the public. SECTION 37: No member of the department shall have or allow anyone else to have at any time, wine, beer, liquor or any other intoxicating drinks in or around the police station, except as evidence. Members shall not at any time be under the influence of any wine, beer, liquor, or other intoxicants of any kind, or under sickness caused or produced by the use of such intoxicants. Any members absenting themselves from 1-9 duty because of intoxicating drink, or reporting to duty under its influence, or in any unfit condition due to intoxicants or drugs will be subject to suspension or discharge. SECTION 38: No person shall be permitted to loiter about police headquarters or any police sub -station. SECTION 39: Any idle, indiscreet, or disrespectful remarks to persons on the street or any greetings, conversations, or remarks tending to show undue familiarity with members of the opposite sex while on duty shall subject a --member to disciplinary action. SECTION 40: (a) When a juvenile is arrested with or without a warrant and brought to the station, notice shall be given to parent or guardian as soon as possible. The officer in charge may release the child to the parent or guardian to be responsible for the presence of the child in court at a designated time. (b) No junvenile under the age of 18 shall be placed in the cell with adults. (c) When a minor is arrested for Public Intoxication, the officer must endeavor by all possible means to ascertain the place or places at which the minor obtained the:liquor. SECTION 41: (a) All members of the department while in uniform shall salute the official national colors as they pass in public parades, ceremonies or other occasions. (b) Whenever the national anthem is played at any place where members of the department are present, the officer should stand at attention and shall salute at the first note, retaining the position of the salute until the last note of the anthem. SECTION 42: (a) When any item of evidence is seized or held by member of the department, the item shall be properly marked and tagged and turned over to -the supervisor on duty. It shall be the supervisor's responsibility to see that the evidence is placed in its proper place. (b) Under no circumstances shall any item of evidence regardless of how large or small be removed from the police station except to be used as evidence in a case. SECTION 43: No person or persons shall be permitted to ride in a police vehicle with an officer without approval of one of the supervisory personnel. This prohibition shall not apply to officers from other departments, persons in custody, persons being assisted, persons assisting the officers, members of judicial system or other city employees. SECTION 44: PURSUITS Purpose: To define the term "high speed" and to establish a uniform policy as to when this Department will participate in such activities. The term "high speed" does not have to mean speeds of exteme proportions, but instead can be defined as speeds too fast for curves, gravel roads, presence of snow or ice, intersections, or other traffic conditions. Policy: When the operator of a pursuit vehicle increases peed or drives in such a manner as to endanger the safety of others, the pursuing officer shall immediately activate the siren and blue lights, and shall continuously use both throughout the pursuit. Officers are reminded that the warning effect of the siren will decrease rapidly as the speed of the pursuit vehicle increases. 1-11 • The pursuing officer should at all times use the best judgment in evaluating and re-evaluating the chase and made a continuous appraisal in deciding whether the pursuit should be continued. Never should the element of personal challenge enter into this decision. The proficient police officer is area that the decision to abandon pursuit is, under certain circumstances • • l-- the most intelligent and most professional course of 'action. Members of this department should discontinue any chase when: (1) The hazards of exposing the officer and the public to unnecessary dangers by continuing to chase are higher than the dangers to the public created by ''discontinuing the chase. (2) The environmental conditions indicate the futility of continued pursuit. (3) The offense is a misdemeanor or less and the identity of the violator is known. (4) Under no circumstances shall an officer be- come involved in a pursuit if there is a prisoner or another person in the police car except another officer. (5) When the pursuit is terminated the car will be brought within a safe speed before the siren and blue lights are turned off. (6) Number (5) above shall also apply to emergency runs. SECTION 45: The following acts, infractions, or violations of the rules and regulations shall be deemed sufficient cause for separation from the department.: r, .. . (1) Willful disobedience of lawful orders. (2) Disrespect or insolence toward a superior officer. (3) Being under the influence of intoxicants or drugs. (4) Absence without leave. (5) Incompetency. (6) Driving any machine or apparatus of the department carelessly or maliciously, in such a manner as to collide with, cause personal injury, damage a vehicle or other property of citizens; 1-12 • • • • or any other wanton or malicious conduct which causes an injury or damage to a citizen or property. (7) Conduct unbecoming an officer or member of the department. (8) Neglect or refusal to pay just debts. (9) Agitating or creating dissension in the department or attempting in any manner to cause ill felling against any member or members of the department. (10) Making any false or unwarranted report, either publicly or otherwise, about a member of the department. 1-13 • FAYETTEVILLE POLICE DEPARTMENT CP. O. Box 4218 Fayetteville, Arkansas 72701 DEPARTMENT POLICY MEDICAL CARE AND DENTAL CARE FOR PRISONERS If arrangements are not made by the officer, the immediate supervisor will be notified and will assist in making arrange- ments for medical attention for prisoners. In the event a prisoner becomes ill or is injured and requires medical attention, the prisoner shall be taken to the emergency room of the Washington Regional Medical Center unless the prisoner requests to be treated by the doctor or dentist on call or by a doctor or dentist selected by the prisoner who agrees to come to the jail. If necessary, an ambulance shall be used to transport the prisoner to the hospital emergency room. The names, addresses, telephone numbers, and office hours of the doctor and dentist who are on call to treat prisoners shall be posted in the station and each officer or member shall be advised by the shift supervisor of the location where said information is posted. If emergency dental care is needed the jailer or shift supervisor shall arrange for such care. EMERGENCY MEDICAL OR DENTAL CARE: Before 9:00 a.m. and after 5:00 p.m., Monday through Friday and all day on Saturday and Sunday, all medical and dental problems shall be handled by the emergency room at Washington Regional Medical Center. • FAYETTEVILLE POLICE DEPARTMENT P. 0. Box 4218 Fayetteville, Arkansas 72701 DEPARTMENT POLICY SEARCH AND TRANSPORTATION OF PRISONERS To maximize the safety of both the officer and the prisoner, all persons in custody shall be searched prior to being placed in the patrol vehicle. The officer shall use exteme discretion in the searching of prisoners, but any prior action sufficient to create apprehension is basis for a "pat down" search. The search of body cavities must be performed by a physician. In all cases where the person in custody has resisted arrest, handcuffs shall be used; in any other arrest where the officer has reasonable cause to believe the prisoner will offer resistance, handcuffs shall be used. In vehicles equipped with safety screens, prisoners shall be placed in the rear seat In vehicles without safety screens and manned by only one officer, the prisoner should be placed in the front seat when possible. • • FAYETTEVILLE POLICE DEPARTMENT P. 0. BOX 4218 Fayetteville, Arkansas 72701 DEPARTMENT POLICY JAILER DUTY The jailer will arrange for meals for all prisoners and give them the necessary items needed each day for health and hygiene. The jailer will take prisoners to municipal court each court day and assist the court until a disposition is made. The hailer will check supplies and equipment used in operation of the jail facility and notify the Chief or Assistant Chief of any needed supplies or repairs. The jailer will see that the jail is always cleaned each day. The jailer will make hourly checks of cells. The regular jailer will notify the shift supervisor before leaving each day and advise him all prisoners being held. When the regular jailer is not on duty, the supervisor will make hourly checks of the jail and log the time of the checks made. The supervisor will make arrangements for medical treatment if the prisoner asks for treatment or is in need of treatment and/or make immediate arrangements for the prisoner to be released so he or she may seek treatment. Should the supervisor need to leave the station he will assign another officer to work inside the station as Jailer. The supervisor will arrange for meals if no cook is on duty and no arrangements have been made. Any injuries to prisoners should be noted on the booking sheet and any medication needed should be noted and that information passed on to the next shift supervisor.