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HomeMy WebLinkAbout01-10 RESOLUTIONRESOLUTION NO. 01-10 A RESOLUTION TO APPROVE AN AMENDMENT TO FAYETTEVILLE POLICE DEPARTMENT POLICY NO. 26.1.1. DISCIPLINARY MATTERS AND PROCEDURES WHEREAS, the Fayetteville Civil Service Commission amended its rules and regulations on disciplinary matters and procedures on November 6, 2009; and WHEREAS, the corresponding Fayetteville Police Department Policy should be amended to conform with the changes adopted by the Civil Service Commission. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the amendment to Fayetteville Police Department Policy No. 26.1.1. Disciplinary Matters and Procedures as shown on the attached exhibit. PASSED and APPROVED this 5t' day of January, 2010. APPROVED �1 1 /'.iAN, Mayor ATTEST: By: Awm"- SONbRA E. SMITH, City Clerk/Treasurer VYIT aQ��`7787I i 4Qrrt,,�9 a m FAYETTEVILLE. -9sm9RKA�SP����e�. I';,NGTO� i6<a�aaacaass►'`' Greg Tabor Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 1/5/2010 City Council Meeting Date Agenda Items Only Police Division Police Department Action Kequired: Staff seeks council approval of a resolution to amend Fayetteville Police Department Policy 26.1.1, Disciplinary Matters and Procedures. $0 Cost of this request Account Number Category / Project Budget Funds Used to Date Program Category / Project Name Program / Project Category Name ,-J— memammg balance Fund Name Budgeted Item C� Budget Adjustment Attached Previous Ordinance or Resolution # Date �]Original Contract Date: Z t ^C� Original Contract Number: Date Finance and Internal Services Director Date L A� — 4 Comments: (V014 Received in CityClerk's Office Date Received in qp::] �� D� Mayor's Office 7 Dafte Revised January 15, 2009 Z0 ayleevi leowlKANSAS To: From: Date: Re: Mayor Lioneld Jordan and City Council Greg Tabor, Chief of PoliceQ, - December 2, 2009 Disciplinary Policy 26. 1.1 THE CITY OF FAYETTEVILLE, ARKANSAS POLICE DEPARTMENT 100-A West Rock Street Fayetteville, AR 72701 P (479) 587-3555 F (479) 587-3522 Recommendation: Council approves a resolution amending Fayetteville Police Department Policy 26.1.1, Disciplinary Matters and Procedures to reflect amendments made by the Civil Service Commission. Background: The current Fayetteville Police Department Policies were approved by council resolution #3-99 on January 51h, 1999. The department is currently in the process of reviewing all policies and updating as necessary. Discussion: On November 3, 2009, council approved an amendment to update the Fayetteville Police Department Policy 26.1.1, Disciplinary Matters and Procedures. Subsequently, on November 6, 2009, the Civil Service Commission amended its rules and regulations on disciplinary matters and procedures. The police department policy amendment will reflect the Civil Service Commission's rules and regulations. Budget Impact: None Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain ..Fayetteville, AR 72701 RESOLUTION NO. A RESOLUTION TO APPROVE AN AMENDMENT TO FAYETTEVILLE POLICE DEPARTMENT POLICY NO. 26.1.1. DISCIPLINARY MATTERS AND PROCEDURES WHEREAS, the Fayetteville Civil Service Commission amended its rules and regulations on disciplinary matters and procedures on November 6, 2009; and WHEREAS, the corresponding Fayetteville Police Department Policy should be amended to conform with the changes adopted by the Civil Service Commission. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the amendment to Fayetteville Police Department Policy No. 26.1.1. Disciplinary Matters and Procedures as shown on the attached exhibit. PASSED and APPROVED this 5th day of January, 2010. APPROVED: By: LIONELD JORDAN, Mayor In ATTEST: SONDRA E. SMITH, City Clerk/Treasurer FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCED URES, AND R ULES Effective Date INumber 26.1.1 Subject DISCIPLINARY MATTERS & AWARD PROCEDURES Reference: (Special Instructions See 52.1.1, 1.3.1, 41.1.1, 26.1.2 Distribution Reevaluation Date No.Pages All Personnel I 1 -Year 1 -8- I. PURPOSE Effective discipline is a positive process when its perceived purpose is to train or develop by instruction. Among the programs having an impact on discipline in a law enforcement agency are selection, training, direction, supervision, and accountability. These elements are inter -dependent, and a weakness in any one is damaging to effective discipline. Many standards bearing on a disciplinary system are included in other chapters relating to selection, training, and direction. Therefore, the purpose of this directive is to focus on the accountability component of a disciplinary system. II. DISCUSSION It shall be the policy of the Fayetteville Police Department to follow and abide by the disciplinary policies and procedures in effect and addressed in the rules and regulations of the Civil Service Commission of the City of Fayetteville. An employee whose work becomes unsatisfactory should immediately be notified by his/her supervisor in what way the work is deficient and what must be done if work performance is to be judged satisfactory. [Galea 26.1.51 An employee who is suspended or dismissed for unsatisfactory performance of duties should normally have received three warnings: (26.1.1) Page 1 Supervisor Counseling - an oral warning from the employee's supervisor. The supervisor must record the dates of the discussions with the employee, the performance deficiencies discussed and the corrective actions required. [Galea 26.1.51 The supervisor should maintain this record for the duration of the employee's performance evaluation period.[Calea 26.1.81 Written Record of an Oral Reprimand - an oral warning with a follow-up letter to the employee that sets forth the points covered in their discussion. The Chief of Police shall have authorized a written record of an oral reprimand. The supervisor shall keep a record of a written record of an oral reprimand. The supervisor should maintain this record for the duration of the employee's performance evaluation period.[Calea 26.1.8] Written Reprimand - a written warning from the Department Chief serving notice upon the employee that noted deficiencies must be corrected immediately in order to avoid disciplinary action up to and including dismissal. A written reprimand shall be placed in the employee's personnel file.[Calea 26.1.8] An employee who is suspended without pay or dismissed for unsatisfactory performance of duties or violations of policy shall receive a letter from the Department Chief outlining the noted performance deficiencies or policy violations, effective date of suspension or dismissal and a statement of the status of the employee's benefits during the suspension or dismissal. A copy of this letter shall be placed in the employee's personnel record. [Calea 26.1.71 An employee so discharged, reduced in rank, or suspended without pay shall have the right, within ten calendar days from the date of such written notice, to request relief through the Civil Service ICommissio4- Reference should be made to the Civil Service ,` Rules and Regulations. [Calea 26.1.61 The Administrative Captain should maintain the departmental employee administrative file. It should contain any letters of commendation or appreciation, administrative letters and replies, results of any sustained punitive disciplinary action, as well as other pertinent information. Information in this file will be maintained indefinitely. [Galea 26.1.8] (26.1.1) Page 2 Comment: The previous policy referred to suspensions in terms of "days" off. The Civil Service Commission amended its rules and regulations regarding suspension(s) in terms of "work hours". Officers given a suspension, depending on the total number of work hours suspended, can request either a hearing or file a grievance with the commission under the new rules. The wording of this draft covers any type of disciplinary matter that can be appealed to the Civil Service Commission. It is suggested immediate supervisors maintain an employee performance/counseling file for each person under their supervision. This file might contain oral reprimands during the current evaluation period, letters of job related counseling sessions, copies of correspondence between the employee and supervisor, complementary correspondence, and other similar information regarding the performance of the employee. It is suggested this material be kept in a secured location by the immediate supervisor. This information should be purged after one year and after being noted on the employee's performance evaluation. [Calea 26.1.8] Nothing in this policy shall prohibit the Chief of Police from exercising all authority granted under Civil Service Commission Rules and the Arkansas Code. A. Compliance With Department Directives Supervisors are expected to set a proper example to their subordinates in the matter of due respect and regard for the policies, procedures, and rules in all matters pertaining to proper discipline. 1. The primary function of a supervisor is to maintain the day- to-day activities of police operations. Compliance with department directives is an integral part of those operations. Supervisors are authorized to take action when department directives are not being followed. [Calea 26.1.5] (a) A supervisor may elect to counsel an officer whose performance has been found to be deficient. (b) A supervisor may refer an officer to the training division to correct deficient performance. (c) A supervisor may document deficient performance and refer it to the Chief of Police in the form of an official complaint. (d) In cases of a major infraction of policy or department directive, a supervisor may relieve an officer of patrol duties, with pay, and refer the matter to the Chief of Police. 2. In case of alleged unjust treatment in violation of these policies, procedures, and rules, any officer may prefer charges against a superior to the proper authorities. When any member suspects a violation of these policies, procedures, and rules has occurred, they are to notify the Chief of Police for investigation, and may request results of the findings. Reporting a suspected (26.1.1) Page 3 violation confidentially is not a violation of the policies, procedures, and rules. 3. The following acts, infractions, or violations of the policies, procedures, and rules shall be deemed sufficient cause for separation from the department: (a) Willful disobedience of lawful orders. (b) Disrespect or insolence toward a superior officer. (c) Being under the influence of intoxicants or drugs while on duty. (d) Absence without leave. Absence without leave is defined as any time a department member is scheduled for work and fails to report for duty without first notifying a supervisor prior to the start of the scheduled shift. (e) Incompetence. (f) 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, or any other wanton or malicious conduct, which causes injury or damage to a citizen or property. (g) Neglect or refusal to pay just debts. (h) Agitating or creating dissension in the department or attempting in any manner to cause ill feeling against any member of the department including civilian personnel working within our facility. (i) Making any false or unwarranted report, either publicly or otherwise, about a member of this department. (j) Dishonesty at any time when representing this department. (k) Lack of Candor under direct questioning, either by any department supervisor or any investigator of the Office of Professional Standards. 4. It shall be the policy of the Fayetteville Police Department that all personnel maintain sufficient competency to properly (26.1.1) Page 4 perform their duties and assume the responsibility of their positions. Personnel shall perform their duties in a manner, which will maintain the highest standards of efficiency in carrying out the functions and objectives of the department. Unsatisfactory performance may be demonstrated by: (a) A lack of knowledge of the application of laws and ordinances required to be enforced. (b) An unwillingness or inability to perform assigned tasks. (c) The failure to take appropriate action on the occasion of a crime, disorder, or other condition deserving police attention. (e) Absence without leave. (d) Written record of repeated infractions of policies, procedures, rules, directives, or general orders of the department. B. Unbecoming Conduct Officers shall be held responsible at all times for conduct unbecoming an officer of the department, which tends to lower the law enforcement service in the estimation of the public. Officers should be governed by ordinary rules of good behavior observed by law abiding and self-respecting citizens. 1. Any idle, indiscreet, disrespectful or discriminatory remark(s) or rudeness to citizens or any greeting(s), conversation(s), or remark(s) tending to show undue familiarity with members of the opposite sex while on duty shall subject a member to disciplinary action. (See Harassment and Discrimination Policy 26.1.2) 2. Officers 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 or unfavorable reflection(s) upon any member of the department, will not be tolerated. Officers shall not engage in altercations between themselves under any circumstances. 3. All officers when reporting for duty shall be completely attired in the regulation uniform as prescribed by the Chief of Police. (Refer to 41.1.1 for Grooming Requirements) Failure to do so may subject the member to reprimand or suspension. (26.1.1) Page 5 C. Use of Alcohol & Drugs 1. No employee of the police department shall consume alcoholic beverages while on duty. No officer 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 directly related to a case or as evidence item(s). Officers shall not at any time while on duty 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 officer absenting themselves from scheduled 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 reprimand, suspension or discharge. 2. When deemed operationally necessary, officers in undercover assignments may consume alcoholic beverages and/or simulate the use of drugs. In doing so, officers shall submit a memo to their supervisor documenting the consumption of alcohol or simulation of the use of drugs. D. Abuse of Authority 1. No officer (except when assigned desk duties inside the police facility) 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. 2. No officer shall directly or indirectly, except by permission of the Chief of Police, sell tickets, solicit any money, circulate any petitions, subscriptions, or allow the use of the department's name for any fair, exhibition, benefit, or similar project. In deciding whether to grant such permission, the Chief of Police shall not discriminate against any officer 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. 3. No officer shall take, solicit, retain, receive, or extort any fee, property, reward, gift, compensation, 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. (26.1.1) Page 6 4. It shall be the policy of the Fayetteville Police Department that its officers shall not recommend or suggest in any manner, except in the transaction of personal business, the employment or procurement of a particular product, professional service, or commercial service (such as an attorney, towing firm, bail bondsman, mortician, etc.). F. Use of Force 1. Refer to Chapter 1.3.1. G. Proper Care & Maintenance of Equipment 1. Officers positively shall not loan any department equipment or tools, except on permission of the Chief of Police or other supervisor. 2. Officers are required to care for equipment in their possession. Any departmental equipment damaged due to either carelessness or an intentional act on the part of the employee may result in disciplinary action. H. Employee Awards/Commendations [Calea 26.1.2] 1. It shall be the policy of this department to recognize heroic actions, meritorious service and significant achievements under the provisions of this policy. Facilitation of awards will be made through an Awards Committee. The Awards Committee will be comprised of departmental Captains, as permanent members, and departmental employees as appointed by the Chief of Police. Members of the Awards Committee will serve a period of two years. Nominations to the Awards Committee will be received by way of the departmental award application form. The Awards Committee will review all applications and make recommendations to the Chief of Police who has final authority on awards. Awards will be presented at a time designated by the Chief of Police. 2. Classification of Awards A. Chief's Award of Valor: Nominated by the Chief of Police, awarded for an act of extraordinary bravery or heroism by an employee who has demonstrated in great degree the characteristics of selflessness, personal courage and devotion to duty. B. Exceptional Duty Award: Nominated by departmental supervisors, awarded for exceptional performance, (2 6.1.1) Page 7 which, in the opinion of the supervisor, is deserving of recognition. C. Life Saving Award: Nominated by any employee of the department, awarded for a successful effort in saving a human life which involved exceptional courage or performance. D. Unit Meritorious Performance Award: Nominated by any employee, awarded to any individual or unit (sworn or civilian) who has exhibited exceptional professional skill and conduct during a coordinated action. E. Fayetteville Police Department Commendation: Nominated by any employee, awarded to any employee for an outstanding act or achievement, which brings great credit to the department and involves performance above and beyond that required by the individual's basic assignment. F. Community Service Award: Nominated by any employee, awarded to any employee for involvement both on and off duty in youth activities, work with non-profit organizations, working with the police department on special projects or other activities for the public good. G. Outstanding Citizen Award: Nominated by any employee, awarded to a citizen/member of the community who helps the department in apprehension of criminals or any other significant manner. H. Police Blue Star Award: Nominated by the Awards Committee, awarded to any sworn employee who has been seriously, critically or fatally injured while in the performance of police duty. This award should be limited to those incidents resulting from attack by an assailant, personal combat or the performance of an act of valor. I. Police Blue Shield Award: Nominated by the Awards Committee, awarded to any sworn employee who, as a result of accidental cause, has been seriously, critically or fatally injured while in the performance of police duty. This award should be limited to those cases resulting from an accident. J. Letters of Commendation: A letter of commendation may be written by the Chief of Police to any employee for job performance that might not meet the criteria for the above listed awards, but merits recognition nonetheless. Any person may recommend an employee of this department receive a letter of commendation by submitting a memorandum to the Chief of Police. A letter of commendation may be given: 1) To commend an employee for completing a job task in an exemplary manner. 2) To commend an employee for submitting a recommendation which directly contributes to (26.1.1) Page 8 increased department productivity or efficiency. 3) For any other reason deemed appropriate by the Chief of Police. (26.1.1) Page 9 FAYETTEVILLE POLICE DEPARTMENT Slat FAYETTEVILLE, ARKANSAS AL POLICIES, PROCEDURES, AND RULES Effective Date (Number 26.1.1 Subj ect DISCIPLINARY MATTERS & AWARD PROCEDURES Reference: Special Instructions See 52.1.1, 1.3.1, 41.1.1, 26.1.2 Distribution Reevaluation Date No.Pages All Personnel 1 -Year -8- I. PURPOSE Effective discipline is a positive process when its perceived purpose is to train or develop by instruction. Among the programs having an impact on discipline in a law enforcement agency are selection, training, direction, supervision, and accountability. These elements are inter -dependent, and a weakness in any one is damaging to effective discipline. Many standards bearing on a disciplinary system are included in other chapters relating to selection, training, and direction. Therefore, the purpose of this directive is to focus on the accountability component of a disciplinary system. II. DISCUSSION It shall be the policy of the Fayetteville Police Department to follow and abide by the disciplinary policies and procedures in effect and addressed in the rules and regulations of the Civil Service Commission of the City of Fayetteville. An employee whose work becomes unsatisfactory should immediately be notified by his/her supervisor in what way the work is deficient and what must be done if work performance is to be judged satisfactory. [Calea 26.1.5] An employee who is suspended or dismissed for unsatisfactory performance of duties should normally have received three warnings: Supervisor Counseling - an oral warning from the employee's supervisor. The supervisor must record the dates of the discussions with the employee, the performance deficiencies (26.1.1) Page 1 discussed and the corrective actions required. [Calea 26.1.5] The supervisor should maintain this record for the duration of the employee's performance evaluation period.[Calea 26.1.8] Written Record of an Oral Reprimand - an oral warning with a follow-up letter to the employee that sets forth the points covered in their discussion. The Chief of Police shall have authorized a written record of an oral reprimand. The supervisor shall keep a record of a written record of an oral reprimand. The supervisor should maintain this record for the duration of the employee's performance evaluation period.[Calea 26.1.81 Written Reprimand - a written warning from the Department Chief serving notice upon the employee that noted deficiencies must be corrected immediately in order to avoid disciplinary action up to and including dismissal. A written reprimand shall be placed in the employee's personnel file. [Calea 26.1.81 An employee who is suspended without pay or dismissed for unsatisfactory performance of duties or violations of policy shall receive a letter from the Department Chief outlining the noted performance deficiencies or policy violations, effective date of suspension or dismissal and a statement of the status of the employee's benefits during the suspension or dismissal. A copy of this letter shall be placed in the employee's personnel record. [Calea 26.1.71 An employee so discharged, reduced in rank, or suspended without pay shall have the right, within ten calendar days from the date of such written notice, to request relief through the Civil Service Commission. Reference should be made to the Civil Service Rules and Regulations. [Calea 26.1.6] The Administrative Captain should maintain the departmental employee administrative file. It should contain any letters of commendation or appreciation, administrative letters and replies, results of any sustained punitive disciplinary action, as well as other pertinent information. Information in this file will be maintained indefinitely. [Calea 26.1.8] It is suggested immediate supervisors maintain an employee performance/counseling file for each person under their supervision. This file might contain oral reprimands during the current evaluation period, letters of job related counseling sessions, copies of correspondence between the employee and supervisor, complementary correspondence, and other similar information regarding the performance of the employee. It is suggested this material be kept in a secured location by the immediate supervisor. This information should be purged after one year and after being noted on the employee's performance evaluation. [Calea 26.1.8] (2 6.1.1) Page 2 Nothing in this policy shall prohibit the Chief of Police from exercising all authority granted under Civil Service Commission Rules and the Arkansas Code. A. Compliance With Department Directives Supervisors are expected to set a proper example to their subordinates in the matter of due respect and regard for the policies, procedures, and rules in all matters pertaining to proper discipline. 1. The primary function of a supervisor is to maintain the day- to-day activities of police operations. Compliance with department directives is an integral part of those operations. Supervisors are authorized to take action when department directives are not being followed. [Calea 26.1.5] (a) A supervisor may elect to counsel an officer whose performance has been found to be deficient. (b) A supervisor may refer an officer to the training division to correct deficient performance. (c) A supervisor may document deficient performance and refer it to the Chief of Police in the form of an official complaint. (d) In cases of a major infraction of policy or department directive, a supervisor may relieve an officer of patrol duties, with pay, and refer the matter to the Chief of Police. 2. In case of alleged unjust treatment in violation of these policies, procedures, and rules, any officer may prefer charges against a superior to the proper authorities. When any member suspects a violation of these policies, procedures, and rules has occurred, they are to notify the Chief of Police for investigation, and may request results of the findings. Reporting a suspected violation confidentially is not a violation of the policies, procedures, and rules. 3. The following acts, infractions, or violations of the policies, procedures, and rules shall be deemed sufficient cause for separation from the department: (a) Willful disobedience of lawful orders. (b) Disrespect or insolence toward a superior officer. (c) Being under the influence of intoxicants or drugs while on duty. (d) Absence without leave. Absence without leave is defined as any time a department member is scheduled for work and fails to report for duty without first notifying a supervisor prior to the start of the scheduled shift. (26.1.1) Page 3 (e) Incompetence. (f) 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, or any other wanton or malicious conduct, which causes injury or damage to a citizen or property. (g) Neglect or refusal to pay just debts. (h) Agitating or creating dissension in the department or attempting in any manner to cause ill feeling against any member of the department including civilian personnel working within our facility. (i) Making any false or unwarranted report, either publicly or otherwise, about a member of this department. (j) Dishonesty at any time when representing this department. (k) Lack of Candor under direct questioning, either by any department supervisor or any investigator of the Office of Professional Standards. 4. It shall be the policy of the Fayetteville Police Department that all personnel maintain sufficient competency to properly perform their duties and assume the responsibility of their positions. Personnel shall perform their duties in a manner, which will maintain the highest standards of efficiency in carrying out the functions and objectives of the department. Unsatisfactory performance may be demonstrated by: (a) A lack of knowledge of the application of laws and ordinances required to be enforced. (b) An unwillingness or inability to perform assigned tasks. (c) The failure to take appropriate action on the occasion of a crime, disorder, or other condition deserving police attention. (e) Absence without leave. (d) Written record of repeated infractions of policies, procedures, rules, directives, or general orders of the department. B. Unbecoming Conduct Officers shall be held responsible at all times for conduct unbecoming an officer of the department, which tends to lower the law enforcement service in the estimation of the public. Officers (2 6.1.1) Page 4 should be governed by ordinary rules of good behavior observed by law abiding and self-respecting citizens. 1. Any idle, remark(s) or conversation(s), with members of member to discip Policy 26.1.2) indiscreet, rudeness to or remark(s) the opposite linary action, disrespectful or discriminatory citizens or any greeting(s), tending to show undue familiarity sex while on duty shall subject a (See Harassment and Discrimination 2. Officers 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 or unfavorable reflection(s) upon any member of the department, will not be tolerated. Officers shall not engage in altercations between themselves under any circumstances. 3. All officers when reporting for duty shall be completely attired in the regulation uniform as prescribed by the Chief of Police. (Refer to 41.1.1 for Grooming Requirements) Failure to do so may subject the member to reprimand or suspension. C. Use of Alcohol & Drugs 1. No employee of the police department shall consume alcoholic beverages while on duty. No officer 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 directly related to a case or as evidence item(s) . Officers shall not at any time while on duty 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 officer absenting themselves from scheduled 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 reprimand, suspension or discharge. 2. When deemed operationally necessary, officers in undercover assignments may consume alcoholic beverages and/or simulate the use of drugs. In doing so, officers shall submit a memo to their supervisor documenting the consumption of alcohol or simulation of the use of drugs. D. Abuse of Authority 1. No officer (except when assigned desk duties inside the police facility) 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. (2 6.1.1) Page 5 2. No officer shall directly or indirectly, except by permission of the Chief of Police, sell tickets, solicit any money, circulate any petitions, subscriptions, or allow the use of the department's name for any fair, exhibition, benefit, or similar project. In deciding whether to grant such permission, the Chief of Police shall not discriminate against any officer 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. 3. No officer shall take, solicit, retain, receive, or extort any fee, property, reward, gift, compensation, 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. 4. It shall be the policy of the Fayetteville Police Department that its officers shall not recommend or suggest in any manner, except in the transaction of personal business, the employment or procurement of a particular product, professional service, or commercial service (such as an attorney, towing firm, bail bondsman, mortician, etc.). F. Use of Force 1. Refer to Chapter 1.3.1. G. Proper Care & Maintenance of Equipment 1. Officers positively shall not loan any department equipment or tools, except on permission of the Chief of Police or other supervisor. 2. Officers are required to care for equipment in their possession. Any departmental equipment damaged due to either carelessness or an intentional act on the part of the employee may result in disciplinary action. H. Employee Awards/Commendations [Calea 26.1.2] 1. It shall be the policy of this department to recognize heroic actions, meritorious service and significant achievements under the provisions of this policy. Facilitation of awards will be made through an Awards Committee. The Awards Committee will be comprised of departmental Captains, as permanent members, and departmental employees as appointed by the Chief of Police. Members of the Awards Committee will serve a period of two years. Nominations to the Awards Committee will be received by way of the departmental award application form. The Awards Committee will review all applications and make recommendations to the Chief of Police (26.1.1) Page 6 who has final authority on awards. Awards will be presented at a time designated by the Chief of Police. 2. Classification of Awards A. Chief's Award of Valor: Nominated by the Chief of Police, awarded for an act of extraordinary bravery or heroism by an employee who has demonstrated in great degree the characteristics of selflessness, personal courage and devotion to duty. B. Exceptional Duty Award: Nominated by departmental supervisors, awarded for exceptional performance, which, in the opinion of the supervisor, is deserving of recognition. C. Life Saving Award: Nominated by any employee of the department, awarded for a successful effort in saving a human life which involved exceptional courage or performance. D. Unit Meritorious Performance Award: Nominated by any employee, awarded to any individual or unit (sworn or civilian) who has exhibited exceptional professional skill and conduct during a coordinated action. E. Fayetteville Police Department Commendation: Nominated by any employee, awarded to any employee for an outstanding act or achievement, which brings great credit to the department and involves performance above and beyond that required by the individual's basic assignment. F. Community Service Award: Nominated by any employee, awarded to any employee for involvement both on and off duty in youth activities, work with non-profit organizations, working with the police department on special projects or other activities for the public good. G. Outstanding Citizen Award: Nominated by any employee, awarded to a citizen/member of the community who helps the department in apprehension of criminals or any other significant manner. H. Police Blue Star Award: Nominated by the Awards I Committee, seriously, performance limited to assailant, of valor. awarded to any sworn employee who has been critically or fatally injured while in the of police duty. This award should be those incidents resulting from attack by an personal combat or the performance of an act Police Blue Shield Award: Nominated by the Awards Committee, awarded to any sworn employee who, as a result of accidental cause, has been seriously, critically or fatally injured while in the performance of police duty. This award should be limited to those cases resulting from an accident. (26.1.1) Page 7 J. Letters of Commendation: A letter of commendation may be written by the Chief of Police to any employee for job performance that might not meet the criteria for the above listed awards, but merits recognition nonetheless. Any person may recommend an employee of this department receive a letter of commendation by submitting a memorandum to the Chief of Police. A letter of commendation may be given: 1) To commend an employee for completing a job task in an exemplary manner. 2) To commend an employee for submitting a recommendation which directly contributes to increased department productivity or efficiency. 3) For any other reason deemed appropriate by the Chief of Police. (2 6.1.1) Page 8