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HomeMy WebLinkAboutResolution #0726Read to Council 2/1/77 ~. r" /°~ / ~~ RESOLUTION PdO. /L' Laid over LU'lION ADOPTIT`'. ~1JL'S ,aP~D 12::.GUL^~TIOI?S FO?'•. TlI';r'OLIC.r±, DE:':'ARTI~TI~~IdT Oi^+ THE (A Rte' CF CANTON, ILLII~?OIS . ) f,' ~" BE IT RESOLVED, (and it hereby is} by the Corporate authorities of the City of Canton, Illinois as follows: That the "RULES AND :k31;GULr~TICNS, CA'_`tTOId -~CLICE DEPARTI~~IENT, CAI`JTON, ILLII~?OIS'~ as prepared by r'OLICE ~?~.:~_VIC~~~ BU.ti.FiU, ILLIIdGIS ASSO~:,IATION OF CHIEFS 0~~ POLICE, in words and figures hereto attached, be and the same hereby are adopted as the rules and regulations of the Police Department of the City of Canton, Illinois and insofar as the same now or hereafter may appertain to the Canton Police Department. That this RESOLUTION shall be in full force and effect upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the City Council of th/e City of C ton, Illinois and A~YROVED by the Mayor thereof this /tS ~G~ day of -z'~- , 1977. r A]'~'ROV~D : !lit~v AY .. ~, ATTEST : ~' ~~ C,~ (, ' ~'=L .f~ ~'~ C I':PY CLERK . ~~ _, ~ ~ ~~.-~titi~ ~2 ~- ~7 RULES AND REGULATIONS CANTON POLICE DEPARTMENT CANTON, ILLINOIS PREPARED BY: POLICE SERVICE BUREAU ' ILLINOIS ASSOCIATION OF CHIEFS OF POLICE 120 WEST EASTMAN ARLINGTON HEIGHTS, IL 60004 1-i • TABLE OF CONTENTS CANTON POLICE DEPARTMENT PAGE NO. 1.1 Functions of Department 1 1.1.1 General 1 1.1.2 Specific 1 1,2 Importance of Rules and Regulations 2 1.3 Law Enforcement Code of Ethics 2 1.4 Departmental Structure 3 1.4.1 Department Head 3 1.4.2 Organization of Department 3 1.4.3 Unit Responsibilities 3 1.4.3.1 Office of Chief of Police 3 1.4.3.2 Field Services 3 1.4.3.3 Investigative Services 4 1,4.3.4 Support Services 4 1.4.3.5 Organizational Chart 5 1.4.4 Authority 5 1.4.4.1 Chain of Command 6 1.4.4.2 Determining Command 6 1.4.4,3 Command Authority 6 1.4.5 Duties of the Chief of Police 6 1.4.5.1 General 6 1.4,5.2 Specif is 7 1.4,6 Duties of the Lieutenant of Police 8 1.4,6,1 General 8 1.4.6.2 Specific 9 1.4.7 Duties of Sergeants 10 1.4,7.1 General 10 1.4.7.2 Specific 11 1.4.8 Duties of Patrol Officers 12 1.4.8.1 General 12 1,4.8.2 Specific 12 1.4.9 Duties of Investigators 14 1.4.9.1 General 14 1.4.9.2 Specific 14 1.4.10 Duties of Communications Personnel 15 1.4.10.1 General 15 1.4.10.2 Specific 15 1.4.11 Duties of the Secretary-Clerk 17 1.4.11.1 General 17 1.4.11.2 Specific 17 1-ii ~~ i 1.4.12 Duties of Crossing Guards 1.4.12.1 General 1.4.12.2 .Specific 1.4.13 Duties of Matrons 1.4.13.1 General 1.4.13.2 Specific 1.4.14 Duties of Part Time Members 1.4.14.1 General 1.4.14.2 Specific 1.5 Rules and Regulations 1.5,1 General 1.5.2 Prohibited Acts 1.5.2.1 Violation of Law 1.5.2.2, Disobedience of Orders 1.5.2.3 Possession/Use of Alcohol 1.5.2.4 Possession/Use of Controlled Substances 1.5.2.5 Payment of Debts/Legal Liabilities 1.5.2.6 Withholding Information on Criminal Activity 1.5.2.7 Self-Assigned Police Action 1.5.2.8 Prohibited Association/Frequenting 1.5.2.9 Cooperation with Police Investigations 1.5.2.10 Firearms Use/Display 1.5.2.11 Public Criticism of the Department 1.5.2.12 Divulgence of Departmental Business 1.5.2.13 Department Correspondence 1.5.2.14 Political Utilization of Official Position 1.5.2.15 Notices - Posting/Circulation/Destruction/ Defacinq 1.5.2.16 Personal Appearance 1.5.2.17 Professional Image 1.5.2.18 Use of Force 1.5.2.19 Recommendations - Attorney/Bondsman 1.5.2,20 Carrying of Gun/Departmental Identification. 1.5.2.21 Departmental Property - Reporting Damage/ Return 1.5.2.22 Unauthorized Persons in Police Vehicles 1.5.2.23 Duty to Read/Understand/Comply with Orders 1.5.2.24 Receipt of ,'Mail/Calls/Visitors at Police Station, 1.5.2.25 Courtroom Demeanor 1.5.2.26 Truthfulness/Cooperation 1.5,2.27 Departmental Records/Reports/Citations 1.5.2.28 Illness/Condition (Physical/Mental)/Sick Leave 1.5,2.29 Absence from Work 1.5.2.30 Residence - Telephone/Address 1,5.2.31 Commercial Utilization of Enforcement Authority PAGE NO. 18 18 19 19 19 19 21 21 21 21 21 22 23 23 23 23 23 24 24 24 24 24 24 25 25 25 25 26 26 27 27 27 27 27 28 28 28 28 28 29 29 29 29 1-iii 1.5.2.32 +'' 1.5,2,33 1.5.2.34 1.5.2.35 1.5.2.36 1.5.2,37 1.5.2.38 1.5.2.39 1.5.2.40 1.5.2.41 1.5.2 .42 1.5.2.43 1.5.2.44 1.5.2.45 1.5.2.46 1.5.2.47 1 .5 .2 .48 1.5 .2 .49 1 .5 .2.50 1.5.2.51 1.5.2.52 1.5.2.53 1.5.2.54 1.5.2.55 1.5.2.56 1.5.2.57 1.5.2.58 1.5 .2 .59 1.5 .2 .60 1.5.2 .61 1.5.2.62 1.5.2.63 1.5 .2 .64 1.5.2.65 PAGE NO.~ Off-Duty Employment 29 Gifts-Solicitation/Acceptance 30 On/Off Duty Conduct-Morale/Efficiency/Image /Public Confidence 30 Neglect of Duty 30 Prompt Performance of Duty 31 Insubordination 31 Valuable Items - Buying/Receiving/Selling 31 Solicitation of Favorable Acts 31 Misconduct Known to Departmental Personnel 31 Physical/Mental Condition 31 Termination of Duty/Assignment 32 Possession of Keys 32 Cooperation with Internal Investigations 32 Participation in Civil Matters 32 Leaving City 32 Rendering Aid/Furnishing Identification 32 Loss of City Froperty/Equipment-Reporting 32 Recovered Property/Evidentiary Material 32 Fees/Rewards 33 Fighting/2uarreling 33 Department Property-Loss/Damage-Negligence/ Inattention 33 Escapes 33 General Responsibilities at Crime Scene/ Arrests 33 Serving as Character t4itness 33 Knowledge of Laws/Rules & Regulations/Polic- ies & Procedures/general & Special Orders 33 Registration of Personal Police Equipment 33 Settlement of Duty Incurred Expenses/Damages 33 Duplication of Police Identification 34 Private Benefit from Departmental Association34 Vexatious/Unnecessary Complaints 34 Use of Private Vehicles/Equipment 34 Labor Disputes 34 Reports 34 Residency 34 1.6 Departmental Discipline 34 1.6.1 Who is Subject to Discipline 34 1.6.2 Departmental Authority to Discipline 35 1.6.3 Emergency Suspension ~ 35 1.6.4 Follow-Up Action on Emergency Suspension 35 1.6.5 Reports of Disciplinary Action Taken or Recommended 35 1.6.6 Informing the Person Being Disciplined 36 1.6.7 Citizen Complaints Against Department Personnel 36 1.6.8 Serious Complaints or Allegations 36 1.6.9 Investigation of Alleged Misconduct 37 1.6.10 Reports of Investigation of Alleged Acts of Misconduct 37 1,6.11 Conclusion of Investigation Involving Depart- • ment Members/Employees 38 1.6.12 Penalties 38 1-iv POLICE DEPARTMENT RULES AND REGULATIONS CITY of CANTON 1.1 FUNCTIONS OF THE DEPARTMENT l.l.l General The prime function of the Police Department of the City of Canton and the reason for its existence is the enforcement of the laws of the State of Illinois and the City of Canton in conformity with the Constitution of the United States of America and the State of Illinois. 1.1.2 Specific To this end, the Department shall: 1. Preserve the public peace, prevent crime, detect and arrest offenders against the criminal laws and or- dinances effective within the City, suppress riots, mobs and insurrections, disperse unlawful or dangerous assemblages, protect the rights of all and preserve order at all elections and assemblages; 2. Administer and enforce laws and ordinances to regulate, direct, control, and facilitate the movement of vehicular and pedestrian traffic and the use of streets by vehicles and persons, and to adhere to rules and regulations which shall facilitate the lawful goals of the department; 3. Remove all nuisances in public places, inspect and observe all places of public amusement or assemblages and all places of business within the City limits which require any State, County, or City, permit/ license; 4. Provide proper police response to calls for police service; 5. Provide for the attendance of police officers or civilian employees in court as necessary for the ~_f? prosecution and trial of persons charged with crimes and other violations of the law, and co- operate fully with the law enforcement and 1- 1 C prosecuting authorities of Federal, State, County, and Municipal governments; 6. Attain and retain maximum efficiency and effectiveness by policies and procedures designed to protect and serve the C ity of Canton and to satisfy the aforestated goals. 1.2 IMPORTANCE OF RULES AND REGULATIONS To achieve true success the Department must attain and retain the confidence and respect of the community it serves. 2'his can be accomplished only by constant and earnest endeavor on the part of all of its members to perform their duties in an efficient, honest and professional manner, and by exemplary conduct which shall foster and enhance in the public mind the fullest realization that the Police Department of the City of Canton is an important requisite to the well being of the community. In order to perform their duties properly it is essential that the membership of the Department familiarize themselves with the Law Enforcement Code of Ethics as well as the following rules and regulations pertaining to the membership of the Police Department of the City of Canton. 1.3 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. 1-2 ( 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. 1.4 DEPARTMENT STRUCTURE 1.4.1 Department Head The general management, administration, supervision and control of the Police Department is vested in the Chief of Police who shall be directly answerable to the I~"ayor and Council for the govern- ment, efficiency, effectiveness, and general good conduct of the Department and its membership. 1.4.2 Organization of the Department The Police Department of the City_ of C anton shall consist of one Chief of Police, and such Lieutenants, Sergeants, Patrol Officers, Investi- gators, Crossing Guards, Communications Personnel, Secretary-Clerks, Matrons, Reserves, and other employees as may be approved by the legislative body of the Village from time to time. 1.4.3 Unit Responsibilities 1.4.3.1 Office of the Chief of Police f The Chief of rolice is responsible for the management, administration, and general supervision of the personnel, equipment, facilities and operations of the Department. He shall be accountable to the C ity through the office of the 1`iayor, aNproprite Com~;,ittee, and the Council itself. 1.4.3.2 Field Services Field Services is responsible for the following functions: 1. Preventive patrol services, 2. Protection of life and property, preservation of the peace, enforce- ment of law, and suppression of crime, 3. Conduct preliminary investigations, 1 - 3 4. Traffic law enforcement, traffic control and traffic accident investigation, 5. Operational control and supervision of reserves, 6. Such assignments/reassignments as may be placed under Field Services from time to time by the Chief of Police, 7. Establishing and maintaining a pro- fessional relationship between the Department, the prosecution and the courts, 8. Administrative supervision of Department reserves. 1.4.3.3 Investigative Services Investigative Services is responsible for the following functions: 1. Follow-up investigations of minor crimes referred by constituted authority, serious crimes, gathering, coordinating, disseminating vice and intelligence information, and fatal motor vehicle accidents as determined by a supervisor, 2. Enforcement and coordination of the Department's utilization of the Illinois Juvenile Court Act, as well as coordination of the Department's delinquency prevention program, 3. Preparation of cases handled by investigative personnel for presentation to the prosecution, 4. Recovery of stolen property and, 5. Such assignments/reassignments as may be placed under Investigations from time to time by the Chief of Police. 1.4.3.4 Support Services Support Services is responsible for the following functions: 1. Reception of all complaints, reports of crime and requests for police services, and dispatching of personnel to investi- gate such cases, 2. Processing, indexing, and filing of all reports and case files, and for miscel- laneous record services to the public and the Department, 3. Operation of all telecommunications equipment of the Department, 1-4 5. Maintaining proper records and control ~ of lost or recovered property or evidence of criminal activity, 6. Developing and coordination of a truly effective Departmental training program, 7. Administrative supervision of school crossing guards, 8. Performing the planning and research needs of the Department, 9. Developing and maintaining proper fiscal controls within the Department, 10. Providing such inspectional services as may be required by the Chief of Police, 11. Establishing and maintaining proper standards and procedures within the incarceration areas of the Department, 12. Such assignments and reassignments as may be placed under Support Services from time to time by the Chief of Police. 1.4.3.5 Organizational Chart (See Page 5-A.) 1-5 _ ` 1.4.4 Authority C 1.4.4.1 Chain of Command During the temporary absence or unavailability of the Chief of Police when no other provision is made by the Chief of Police, the command shall descend in the following order: 1. Lieutenant 2. Sergeant 3. Senior Officer on duty 1.4.4.2 Determining Command When officers are of the same rank, they shall rank according to their seniority as determined by time in rank. When two or more officers are appointed to the same grade on the same day, each shall rank according to the respective position on the eligibility list which determined the order of appointment to that grade. 1.4.4.3 Command Authori The officer in command shall have and be permitted to exercise the rights and duties of command but shall be particularly careful to carry out all verbal and written directives of the City of Canton and the Chief of Police. Additionally, the organizational chart shall be respected. Directives or the organizational chart of the Department shall not, except in case of EXTREME emergency, be disregarded and when such is the case a report of the action and the cause for same shall be submitted in writing to the Chief of Police before the termination of duty on the day the directives/organizational chart was disregarded. 1.4.5 Duties of the Chief of Police 1.4.5.1 General The Chief of Police is charged with the management, administration, and general supervision of the Police Department of the City of Canton To this end, he shall be held strictly responsible for the general good order of the Department and attaining/retaining maximum efficiency/effectiveness from the personnel, equipment and facilities assigned to him. The Chief of Police shall respect all policies and procedures, rules and regulations, general and special orders as well as verbal directives applicable to the position. 1-6 ,, •~ .. ,. 1.4.5.2 Specific The duties of the Chief of Police shall include, but shall not be necessarily limited to: 1. Prescribing, promulgating and enforcing the policies and procedures, rules and regulations, general and special orders for the government of the members and employees of the Department so long as they are not inconsistent with the charter and ordinances of theCity = of Canton or the State of Illinois. To this end, the Chief of Police, or his agent, shall investi- gate any/all charges brought against any member(s) of the department. The Chief of Police may punish any member of the department found guilty of the violation of any of the rules and regulations, policies and procedures, written or verbal orders of the department so long as such punishment is consistent with the laws of Illinois and the City of Canton 2. Conferring with his subordinates for the purpose of giving instructions as to promote uniformity in the administration of the department. 3. Causing a general inspection to be made of all members of the department at least twice a year and establishing such other systems of inspection and control as may be necessary to insure the efficient administration of the department. 4. Preserving the public peace and enforcing the laws of Illinois and the City of Canton of which the department must take cogni- zance. Whenever any violation thereof shall come to his attention, he or his designated agent, shall cause the requisite complaint to be made and procure the evidence for the successful prosecution of the offender(s). 5. Making all appointments and promotions in the department subject to the confirmation of the Civil Service Commission where necessary and proper. 6. Keeping the Mayor informed of any emergency, extraordinary action taken, or necessary deviation fram established City--= policy or procedure. U . ~-~ . 7. Attend all regular legislative meetings as requested by the Mayor/City .Manager and such other meetings as directed by the Mayor/ City Manager. 8. Keep daily work records and personnel rating sheets and such other books/records as may be deemed necessary for the success- ful operation of the department. 9. Prepare and submit to the City Council on or before such annual date as may be designated by constituted authority an estimate in detail of the cost and expense of providing for and maintaining the Department of Police of the City during the ensuing year. ' 10. Delegate such of his powers as he may deem necessary for the efficient/ effective administration of the depart- ment to be exercised by his subordinates under his supervision, direction and control. 11. Assign functions, powers and duties to members of the Department. 12. Have and exercise all of the functions, powers and duties delegated to him by State or City law and which is necessary and proper to attain/retain an efficient/effective department capable of protecting and serving the City of C anton with the highest level of professionalism/integrity. 1.4.6 Duties of the Lieutenant of Police 1.4.6.1 General A Lieutenant has direct control over all subordinate members/employees of the Department. He shall have the status and authority befitting the rank of second in command of the Department. He shall have and exercise all of the functions, powers and duties delegated to him by the Chief of Police and which are necessary and proper to attain/retain an efficient/effective Department capable of protecting and serving 3 the City - of Canton ~, with the highest ~% level of professionalism/integrity. 1-S 1.4.6.2 Specific The duties of a Lieutenant of Police shall include: 1. Enforcing the policies and procedures, rules and regulations, general and special orders for the government of the members and employees of the Department as well as the laws of the State and City Such enforcement may extend to subordinates outside the Lieutenant's usual/assigned sphere of administration if the law enforcement 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 unneces- sarily. Should a Lieutenant require a sub- ordinate outside his sphere of administration to leave a regular assignment, the Lieutenant so directing will inform the subordinate's own Lieutenant as soon as possible. 2. Investigating any/all complaints or charges brought against any member(s) of the Depart- ment as directed by the Chief of Police. 3. Relieving from duty any subordinate member(s) of the Department whose continued presence on duty may adversely effect the good name of the Department, the City or the individual. 4. Conferring with subordinates for the purpose of giving instructions so as to promote lawful conduct, uniformity, efficiency and effective- ness within the Department. 5. Keeping the Chief of Police informed of any event(s) which may impair/effect the image efficiency, effectiveness of the Department, City or the individual employee. 6. Attending all meetings as requested/required by the Chief of Police. 7. Keeping daily work records and personnel rating sheets and such other books/records as the Chief of Police may direct. 8. Delegate such of his powers and assign other duties as he may deem necessary for the efficient/effective administration of that portion of the Department to which he is assigned by the Chief of Police. 1-9 9. Periodically inspect all reports, personnel, facilities and equipment so as to insure that they are performing, being utilized to the highest degree of efficiency, effectiveness and in conformity with the laws of the State and City as well as the rules and regula- tions, policies and procedures, general and special orders of the Department. Nothing in this Section shall be construed as limiting the authority of the Chief of Police from assigning such functions or responsibilities as are necessary to establish and maintain maximum Departmental efficiency and effectiveness. 1.4.7 Duties of Sergeants 1.4.7.1 General Subject to direction from the Chief of Police and/or Lieutenant who by the attached organizational chart of the Department is the superior of the Sergeant, a Sergeant has direct control over all subordinate members and employees of the Department. In addition to general and individual responsibilities of a member and employee of the Department, a Sergeant is responsible for the following: 1. Command - The direction and control of individuals under his command to assure the proper performance of duties and adherence to established rules and regulations, policies and procedures of the Department. 2. Loyalty and Espirit de Corps - Its development and maintenance. 3. Discipline and Morale - Its development and maintenance. 4. Intradepartment Action - The promotion of harmony and cooperation with other units of the Department and initiation of proper action in cases not regularly assigned to the command when delay necessary to inform the proper unit might result in a failure to perform a police duty. 5. 'Organization and Assignment - Of duties to assure prompt performance of department functions ~:nd those of the command. To this end, Sergeants shall immediately familiarize themselves with all police business transacted since their last tour of duty. 1-10 6. Reports and Records - Preparation of required correspondence, reports, and maintenance of records relating to the activities of the command. Assurance that information is communicated up and down the chain of command is required. To this end, Sergeants at the conclusion of their tour of duty shall submit reports in writing as to the activity of the members (employees of the Depart- ment under their command) as well as all pertinent information necessary for the functioning of the Chief of Police and/or the Lieutenant who by the organizational chart of the Department is the superior of the Sergeant. 7. Maintenance - Assurance that facilities, equipment, supplies and material assigned to the command are correctly used and maintained. 1.4.7.2 Specific In addition to the general and individual responsi- bilities of all members and employees of the Department, Sergeants are specifically responsible for the following: 1. Supervision - Closely supervising the activities of subordinates, making corrections where necessary and commending where appropriate. 2. Leadership - Provide on the job training as needed for efficient operation and coordination of effort. 3. Direction - 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 their usual spheres of supervision if the police ob- jective 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 ones own to leave a regular assignment, the supervisor so directing will inform the subordinates' own supervisor as soon as possible. 4. Enforcement of Rules - Enforcement of department rules and regulations, general and special orders, written and verbal orders and in general requiring compliance with Department policies and procedures. 5. Inspections - Inspection of activities, personnel and equipment under the Sergeants supervision and 1-11 initiation of suitable action in the event of a failure, error, violation, misconduct, or neglect of duty by a subordinate. Failure of a Sergeant to act in such situations will be considered dereliction of duty and subject to disciplinary action. 6. Assisting Subordinates - Having a working knowledge of the duties and responsibilities of subordinates; observing contacts with the public and being available for assistance or instruction as may be required. The Sergeant shall respond to calls of serious emergencies, crimes in progress, assaults, and others unless actively engaged in a more serious police matter. The Sergeant should observe the conduct of assigned personnel and take remedial action and active charge where necessary to maintain the efficiency, effectiveness, discipline or integrity of the Department. To this end, all rules and regulations, policies and pro- cedures, general and special orders as well as verbal orders applicable to the position shall be respected. Nothing in this Section shall be construed as limiting the authority of the Chief of Police or Lieutenant who by the organizational chart of the Department is the immediate superior of the Sergeant from assigning such functions or responsibilities as are necessary to establish and maintain maximum Departmental efficiency and effectiveness. 1.4.8 Duties of Patrol Officers 1.4.8.1 General Patrol Officers are responsible for performing a variety of duties related to the protection of life and property, enforcement of criminal and traffic laws, prevention of crime, preservation of the public peace, and the apprehension of violators of the law. They will perform these duties as prescribed in the Depart- ment general and special orders, as directed by supervisors and in compliance with the rules and regulations of the Department and the Code of Ethics of the law enforcement profession. 1.4.8.2 Specific In addition to these and the general and individual responsibilities of all members and employees, Patrol ~v, Officers are specifically responsible for the following: 1. Reporting for Duty - The Patrol Officer shall report promptly at the designated hour and 1-12 place, in proper uniform for assignment and inspection. The Patrol Officer shall listen attentively to orders and instruction of superior officers and read such materials as are made available to him. He shall make written memoranda of such information as necessary and shall immediately proceed with patrol duty upon completion of these tasks. ~__i° 2. Police Mission - A Patrol Officer is responsi- ble for the accomplishment of the police mission. The Officer shall constantly be alert for vio- lations of the law and shall make every effort to prevent breaches of the peace and offenses against persons and property. The Officer shall be held accountable for crime, accidents, dis- orders and other criminal conditions that come or should come to the attention of the Officer. 3. Familiarization - A Patrol Officer shall be thoroughly familiar with the City of Canton the rules and regulations, general and special orders, policies and procedures of the Department. To this end, the Officer shall direct any question regarding the above to a superior officer and shall continue to do so until the question is properly answered. 4. Complaint Action - Patrol Officers shall care- fully investigate all complaints which come to their attention. Suitable action shall be taken in such cases and interested parties shall be suitably informed of the laws relative to the particular complaint or incident. 5. Preliminary Investigation - Patrol Officers are responsible for preliminary investigation of all crimes. At the scene of major crimes, subject to direction of higher Department authority, the first officer at the scene, after it has been established that the perpetrator is no longer present, will begin the preliminary investigation. 6. Miscellaneous - A Patrol Officer shall take cogni- zance of and shall report all leaking water pipes, gas mains or sewers, report all street/traffic lights that_are defective; report all traffic signs, U.S. mail boxes, power/telephone lines that are in need of repair. Any defect'of public service in- stallations or any dangerous conditions of streets, sidewalks, village property or other property likely to prove dangerous to the public shall 1-13 be immediately reported to a superior as shall the presence of any litter, garbage, ashes, dead animals or other offensive matter found in public. Nothing in this Section shall be construed as limiting the authority of the Chief of Police and/or Lieutenants who by the organizational chart of the Department is the superior of the Sergeant, from assigning such functions/responsibilities as are necessary to establish/maintain maximum Departmental efficiency/effectiveness. 1,4.9 Duties of Investigator 1.4.9.1 General A Patrol Officer who is assigned as an Investigator has the responsibility for the investigation of all offenses and juvenile acts initiated by uniformed patrol and re- ferred to the Investigator. Additionally, the Investi- gator may take original complaints or reports of any nature and may investigate same whenever it is indicated that such action will best serve the interests of justice. The Investigator shall perform such other duties as may be required by the Chief of Police or the Lieutenant who by the organizational chart of the Department is the superior of the Investigator. 1.4.9.2 Specific The duties of an Investigator shall include, but not be necessarily limited to: 1. Diligently and efficiently investigating all matters referred/assigned. 2. Preparing/presenting the results of all investigations to the commanding officer of Investigations for possible presentation to other law enforcement agencies, the pro- secutor or the judiciary. 3. Interviewing without unnecessary delay the complainants, victims and witnesses in all cases assigned. 4. Identifying oneself as an Investigator of the Police Department to all persons interviewed or interrogated whenever practical. 1-14 5. Cultivating sources of information that will aid in the solution of offenses/juvenile acts and the ability of the Department to assist law enforcement agencies. ~' 6. Having a thorough knowledge of the -City., its constructive resources and its destructive influences. Nothing in this Section shall be construed as limitin the authority of the Chief of Police and/or Lieutenant who by the organizational chart of the Department is the superior of the Investigator from assigning such functions/responsi- bilities as are necessary to establish/maintain maximum Departmental efficiency or effectiveness. 1.4.10 Duties of Communications Personnel 1.4.10.1 General Personnel assigned to communications duties shall work such hours as may be assigned by the Chief of Police and/or Lieutenant who by the organizational chart is in charge of such personnel. Such personnel shall at no time leave their post without qualified relief even if such shall necessitate the calling of a Sergeant from the street into the station. 1.4.10.2 Specific The duties of communications personnel shall include: 1. Receiving bail bonds as prescribed by law and in accordance with Departmental policies/pro- cedures. The individual receiving such bail bonds from arrested persons charged with offenses shall be responsible for such bonds. At the change of shifts, there shall be an accounting with reference to all monies on hand between the relieving and relieved personnel. After verifying the bonds on hand the relieving individual shall assume responsibility for them until properly relieved of duty. 2. Diligently completing that portion of records duties as may be assigned by the Lieutenant who by the organizational chart of the Department is in charge of communications personnel. 3. Calling to the attention of the Sergeant in ~,' charge of the patrol shift all matters of importance, such as unusual occurrences and important messages or conditions requiring the Sergeant's attention. Should the matter 1-15 r require the immediate attention of the Chief of Police and/or Lieutenant such notifications shall be made. 4. Thoroughly familiarize oneself with the laws and ordinances in effect in the City of Canton as well as the structure of the City government, all rules and regulations, policies and procedures, written and verbal orders of the Department. 5. Reporting any deployment of police officers beyond their regularly assigned routes/ districts or sectors to the officer in charge. 6. Familiarizing oneself with and activate all emergency procedures of the Department relating to holdups alarms, fires, medical aid or other messages requiring urgent police attention. 7. Acquiring a thorough knowledge of the location and layout of streets, buildings, parks, housing projects and other significant areas of the City so as to maximize the accuracy and speed of dispatches. 8. Responding to all communications received in a calm and civil manner avoiding "over the air" communications which do not pertain strictly to public safety matters. 9. Dispatching immediately, without waiting for specific instructions, such police officers, ambulances, fire apparatus, public. utility emergency service vehicles, or other personnel and equipment as may be needed to handle all complaints and requests for police assistance which ordinarily require such action. 10. Keeping personnel who have been dispatched on calls fully informed of all facts affecting the safety or efficiency of their response to the call. 11. Informing the Officer-in-Charge when contact with an officer cannot be made after a reason- able amount of time. 12. Maintaining equipment, especially the emergency call lines, in working order and immediately re- porting any malfunction or defect to the Officer- in-Charge. 1-16 13. Answering all radio messages trasnmitted by radio units; taking appropriate action as necessary. Personnel shall be especially alert to the signals received on protective alarm devices and shall initiate necessary police action as necessary. 14. Preventing/reporting the unauthorized use of Departmental telecommunications equipment. 15. Broadcasting over the radio the reason for sounding the siren or otherwise alerting the fire department. Nothing in this Section shall be construed as limiting the authority of the Chief of Police and/or Lieutenant, who by the organizational chart of the Department is in charge of such personnel from assigning such functions/responsibilities as are necessary to establish and maintain maximum Departmental efficiency/effectiveness. 1.4.11 Duties of Secretary-Clerk 1.4.11.1 General The individuals assigned to this position shall have responsibility for the records, correspondence and administrative documents of the Department. Such individuals shall document all worked hours, over- time, vacation, sick leave and time duty and shall perform such other typing, filing and record keeping duties as may be necessary. 1.4.11.2 Specific The duties of Secretary-Clerk shall include: 1. Provide for the efficient operation of the office. 2. Prepare and maintain: a. All files belonging to the Chief/Lieutenants except those of a confidential nature. b. A record of all sick leaves. As part of this responsibility, place in the file of the sick officer a report recording the fact of the leave. c. A current record of the names, addresses, telephone numbers, and badge numbers of all police and civilian personnel. 1-17 d. A record of all keys to rooms in the building including an indication of where each key is kept. e. Business listings for the Central Desk. Periodically, distribute business listing cards to all police officers. f. Record of all court actions on the court arrest cards. 3. Prepare the Patrol Reports and any Orders that are to be distributed to the Department. 4. Prepare and type correspondence as requested by the Chief/Lieutenants. 5. Be familiar with the duties of the Desk Officer and remain prepared to assist the Desk Officer when requested by the Officer-in-Charge. 6. Maintain sufficient office supplies to ensure the office's efficient operation. 7. Lock or otherwise make secure all files, other places of safekeeping and the door to the office at the conclusion of the tour. 8. Perform Matron duties, if assigned Matrons are absent. 9. Make any approved news releases and divulge records system information when authorized by the Chief/Lieutenants. Nothing in this Section shall be construed as limiting the authority of the Chief of Police and/or Lieutenant, who b~ the organizational chart of the De artment is in charge of such personnel from assigning such .functions/responsibilities as are necessary to establish and maintain maximum Departmental efficiency and effectiveness. 1.4.12 Duties of School Crossing Guards 1.4.12.1 General Guards are responsible for directing traffic at assigned crossings to protect school children and to provide for the orderly movement of traffic. ~,~~ 1-18 1.4.12.2 Specific The duties of Guards shall include: 1. Reporting directly to assigned crossing stations, on time, and remaining there until conclusion of assignment. 2. Ensuring that children use the proper crossing locations and that no children are in the street while traffic is moving. 3. Being alert for present or potential traffic hazards in the areas surrounding the assigned crossings. A written report of such hazards shall be reported to the Lieutenant who by the organizational chart of the Department is responsible for Guards; the written report to include a recommendation as to what remedial steps are to be taken. Nothing in this Section shall be construed as limiting the authority of the Chief of Police and/or Lieutenant, who by the organizational chart of the Department is in charge of such personnel from assigning such functions/responsi- bilities as are necessary to establish and maintain maximum Departmental efficiency and effectiveness. 1.4.13 Duties of Matrons 1.4.13.1 General The Matron is charged with assisting female prisoners as directed by the Officer-in-Charge. 1.4.13.2 Specific The duties of a Matron shall include: 1. Making a search of all female prisoners before they are confined and shall take from them all valuable possessions and other property that might be used by them to do themselves physical harm, i.e., belts, neckties, straps or similar articles or implements. The property shall be placed in a secure container, labeled and for- warded to the Desk Clerk and the proper record or entry made on the report. 2. Not placing any unconscious or injured person in a cell or detention room unless ordered to ,ti do so by a superior officer or by sanction of a ~.~ physician. In the event any prisoner becomes 1-19 ill or injured while in detention, a matron shall immediately notify the commanding officer. Medical aid will be obtained for sick or injured prisoners when necessary, 3. Being held accountable for the safe custody of all money, valuables or other articles coming into her possession which belong to any prisoner under her jurisdiction. Upon surrender of such money, valuables or other articles, she shall obtain a receipt for the same from the prisoner or the officer or official to whom the prisoner is released. 4. Reporting any unusual incidents or questionable actions of prisoners that come to her attention, including the detection of any contraband or forbidden items. Trey shall report any condition or hazard that may result in personal injury, fire or damage to the detention room, cell or area. 5. Supplying prisoners with drinking water and necessary refreshments. For these prisoners who have no money, necessary re~_-es:^_^.e~as shall be requisitioned by the Matron through proper channels. Refreshments may be purchased for prisoners out of their own money being held for them, providing the police charges pending against them do not relate in any way to this money. In the event a purchase is made from the prisoner's money, a proper notation must be made on the report form listing her property. 6. Causing female prisoners to be red three times a day through a procedure established for feeding prisoners. 7. Being responsible for tine proper treutrnent of female prisoners by any i:~erson wi':o r-, ~;~ be privileged to see them, and shall be vigilant to prevent any possible transfer of weapons or other improper articles. She shall promptly report to the Commanding Officer any mistreatment by anyone of the prisoners in her care. Nothing in this Section shall be construed as limiting the authority of the Chief of Police and/or Lieutenant, who by the organizational chart of the department is in charge of _such personnel from assigning such functions/responsibilities as are necessary to establish and maintain maximum departmental efficiency and effectiveness. 1-20 1.4.14 Duties of Part Time Members 1.4.14.1 General The part time .members of the Department shall maintain a course of human conduct that befits a police officer and that will not adversely reflect upon the City or the Police Department. 1.4.14.2 Specific The duties of part time members of the Department shall include: 1. Purchasing one's own handgun and other required equipment as approved by the Chief of Police. 2. Exercising police power only with the approval of the Chief of Police. 3. Carrying a handgun only with the approval of the Chief of Police. 4. Engaging in police training as directed by the Chief of Police. To this end, members are required to periodically report to the department's target range for the purpose of qualifying in the use of the type of firearm authorized by the Chief of Police. 5. Adhering to all policies and procedures, rules and regulations, general and special orders applicable to the position. Nothing in this Section shall be construed as limiting the authority of the Chief of Police and/or Lieutenant, who by the organizational chart of the Department is in charge of such personnel from assigning such functions/responsi- bilities as are necessary to establish and maintain maximum departmental efficiency and effectiveness. 1.5 RULES AND REGULATIONS 1.5.1 General Pursuant to the laws of the United States of America, the State of Illinois and the C ity of Canton the attached rules and regulations hereinafter set forth are established for the guidance and government of the Canton Police Department; its members and employees. The right is reserved to the Chief of Police with the advice and consent of the lei ]motive body of the C ity to amend or revoke any of the ac ed rules an regu a ions and to • 1-21 ( make additional rules and regulations from time to time as the circumstances for the good of the service may require. If any provision, clause or phrase of these rules and regu- lations or the application thereof to any person or circum- stance is held invalid, such invalidity shall not affect other provisions or applications of the remaining rules and regulations which can be given effect without the invalid provision or application, and to this end the provisions of these rules and regulations are declared to be separable. Individuals subject to these rules and regulations must understand that no compilation of rules and regulations can be established which will embrace all cases arising in the discharge of their duties. Necessarily some matters must be left to the intelligence and discretion of the individuals. However, all employees and members of the department must understand that if discretion is used in a wanton or unreasonable manner which is determined to be detrimental to the discipline and efficiency of the Depart- ment and the image of the City and which law and sound public opinion recognize as injurious to .the ability of the Department and the City. to protect and serve the community, that member of the Departmen who violates or attempts to violate these rules and regulations will be subject to disciplinary action. Disciplinary action fc,r a violation of these rules and regulations, either attempted or actual, or an improper utilization of discretion of the aforementioned type, shall be exclusively limited to reprimand or suspension by the Chief of Police or reprimand, suspension or dis- missal by the Fire & Police Commission of the City. Existence of facts establishing a violation of law, rules or regulations, general or special orders, policies or procedures, written or verbal orders is all that is necessary as a basis for departmental discipline. All previous rules and regulations of the Cantcn Police Department are superseded as of the date and time of approval of these rules and regulations by the legislative body and chief executive of the City. Any cause of action which arose or may arise during a period of time in which these rules and regulations were not in effect shall be handled by the rules and regulations in effect at the time of the occurrence of the event which created the cause of action. 1.5.2 Prohibited Acts The following are applicable and prohibited to all employees and members of the Department and may be made the subject of disciplinary action: 1-22 1.5.2.1 Violation of Law Violation or attempted violation of any Federal, State, County, or Municipal law. 1.5.2.2 Disobedience of Orders Failure to obey and fully execute any lawful order, written or oral, given by a superior officer/employee which shall include but not be necessarily limited to these rules and regulations,. all general and special orders, policies and procedures of the Department. (The term "lawful order" shall be construed as any order in keeping with the performance of any duty prescribed by law or by these rules and regulations, or for the preservation of good order, efficiency and proper discipline, which is not in conflict with these rules and regulations.) 1.5.2.3 Possession/Use of Alcohol Possession and/or use of alcohol on duty other than in an authorized duty capacity. Unless absolutely required to conduct a police investigation, no member or employee of the Department shall be to any degree under the influence of alcoholic beverages while on duty. Additionally, being intoxicated in public while off duty is prohibited. (Fr purposes of this rule, a person shall be considered intoxicated if the amount of alco- hol in the person's blood attains/exceeds the level of the presumption of being under the influence as found in the Illinois Vehicle Code.) 1.5.2.4 Possession/Use of Controlled Substances Possession and/or use on duty of controlled sub- stances, except with the approval and guidance of a licensed physician of Illinois and with the knowl- edge of a superior. At no time may an employee of the Department use or be under the influence of a controlled substance where such use or influence impairs or compromises the efficiency and integrity of the Department/City 1.5.2.5 Payment of Debts/Legal Liabilities Failure to pay all just debts and legal liabilities. No member or employee shall borrow any money from or otherwise become indebted to any City official, other member or employee, shall solicit any City official, other members or employees to co-sign, endorse or in any way whatsoever guarantee any promissory note, or other loan or shall offer to act as co-signator, endorser or guarantor of any promissory note or other loan for any C ity_ 1-23 official, other member or employee of the Department. 1.5.2.6 Withholding Information on Criminal Activity Withholding information on criminal activity. 1.5.2.7 Self-Assigned Police Action Undertaking of self-assigned police action. (For pur- poses of this article, "self-assigned" means action undertaken at the discretion of a member of the Depart- ment under less than emergency circumstances, or action initiated by any member of the Department without the request, direction or by the instruction of a superior,) All emergency self-assigned Police action shall within 24 hours after commencement be reported in writing to the Chief of Police. Should the matter involve the Chief of Police, all reporting shall be reported to the Chief Executive of the City 1.5.2.8 Prohibited Association/Frequenting Frequenting or associating with person(s), organizations, or places with a bad reputation, unless necessary for police business, where such associating or frequenting would be detrimental to the image of the Department or the C ity. To this end, personal association with persons who have been convicted of a felony within the last five years or who are under criminal investigation or indictment, or who have an open and notorious reputa- tion in the community for felonious activity is prohi- bited . 1.5.2.9 Cooperation with Police Investigations Failure to fully cooperate with a police investigation. (Nothing in this Section shall be construed to be vio- lative of one's Federal or State constitutional rights.) 1.5.2.10 Firearms Use/Display Drawing or displaying of a firearm in any place except for necessary inspection or use. Officers firing a gun accidentally or intentionally, except on a target range, shall report same in writing to the Chief of Police. Officers shall not intentionally fire their guns, except as authorized by law or at a firearms range. 1.5.2.11 Public Criticism of the Department Public criticism of the Department, its policies or members by talking, writing, or expression in any manner 1-24 where such talking, writing,, or expression: (a) is defamatory, (b) is obscene, (c) is unlawful, (d) tends to impair the operation of the Department by impairing its efficiency, interfering with the ability of super- visors to maintain discipline, or having been made with reckless disregard for truth or falsity. To this end, employees and members shall make maximum utilization of the grievance procedure of the Department as described in the general orders of the Department. 1.5.2.12 Divulgence of Departmental Business Discussion of the operations and official business of the Department which is of a confidential nature with anyone outside the Department without the permission of a superior. (For purposes of this Section, all depart- ment documents and orders are to be considered confi- dential unless otherwise directed by a superior. This Section does not apply to orders that are of such a nature that they must be communicated to others.) 1.5.2.13 Department Correspondence Entering into official Department correspondence with anyone or any agency outside the Department, except with the approval of the Chief of Police. All official department communications, by telephone or otherwise, outside of the City without the permission of a superior is prohibited. 1.5.2.14 Political Utilization of Official Position Utilization of one's official position with the Depart- ment for political purposes. To this end, the use of one's official position for a non-duty related involve- ment in an election is prohibited. Nothing in this section should be construed to prohibit a member of the Department from, as a private citizen: (a) exer- cising the right of suffrage, (b) casting a vote or expressing one's opinions privately, (c) being dele- gates to or members of a political caucus, or (d) taking part in political canvass. 1.5.2..1 Notices - Posting/Circulation/Destructic Defacing Destroying or defacing any official written notice relating to police business. The posting or circula- tion of any notices of a non-official derogatory char- acter relating to any person, group or police activity is prohibited. 1-25 1.5.2.16 Personal Appearance ~t~ Failure to have a neat, clean personal appearance, which adversely reflects upon the individual's competency, efficiency and pride as a member of the Department and the ability of the City and Department to foster and enhance a professional, efficient, effective image/posture. To this end, the wearing of an improper uniform, failure to carry all necessary police equipment or to maintain one's uniform and/or equipment in good order is prohibited. 1.5.2.17 Professional Image Failure to work diligently or with a bearing con- sistent with the image of a professional police officer, said to include but not be .necessarily limited to: a. Smoking or chewing gum in uniform when in plain view of the public; b. Unnecessary shouting or using obscene language; c. Leaning on walls, posts, cars, etc.; d. Tardiness in reporting for work; e. Conducting personal business while on duty; f. Sleeping, loafing, or being idle while on duty; g. Taking excessively long meals or refresh- ment breaks; h. Failure to respond promptly to a request for police service. i. Failure to return promptly to service after finishing handling a call for police service. j. Taking a meal or refreshment break in a public place with another on-duty member of the Department without the approval of a superior; k. Lack of courtesy to an individual, either on the phone or in person. 1-26 1. Gambling, unless to further a legitimate police purpose. 1.5.2.18 Use of Force Use of force which is excessive to accomplish one's lawful purpose. To this end, all prisoners shall be treated humanely and with regard to their legal rights. 1.5.2.19 Recommendations -Attorney/Bondsman Recommendation to any suspect or prisoner of the retention of a specific attorney, law firm, bail bondsman or bonding company. This Section does not apply to reference to the Public Defender, Legal Aid Society, or Lawyer's Reference Service. 1.5.2.20 Carrying of Gun/Departmental Identification Failure to carry one's aun and Department identification when on duty. This rule should not be con- strued to apply when an officer is at home, or when it is impractical to carry said items. The carrying or possession of a firearm in any place, other than one's own home, when alcoholic beverages are consumed by the one carrying or possession the firearm is strictly pro- hibited. This rule shall not apply where the carrying of a firearm is necessitated by police business and with the approval of a superior officer. 1.5.2.21 Departmental Property - Reporting Damage/Return Failure to immediately report in writing all damage to police vehicles and equipment or to file such report which contains all known facts surrounding the cause and nature of the damage. In the event that municipal prop- erty 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. Additionally, officers shall return all equipment owned by the Department when they retire, resign, or otherwise leave the Department, and they shall return any police equipment when ordered to do so because of suspension or other absence from work. 1.5.2.22 Unauthorized Persons in Police Vehicles Allowing unauthorized persons to ride in police vehicles. Unauthorized persons are those who are not police per- sonnel, prisoners, or on official (authorized) police business. ,~ 1-27 1.5.2.23 Duty to Read/Understand/Comply with Orders Failure to read, understand or comply with all rules and regulations, general and special orders, policies and procedures of the Department, written or verbal orders of a superior, To this end, it shall be con- sidered to be Neglect of Duty to fail to inquire of a superior until the matter is resolved any question as to the meaning or application as to the meaning or application of any law, rule or regulation, general or special order, policy or procedure, written or verbal order, 1.5.2.24 Receipt of Mail/Calls/Visitors at Police Station Consistently receiving personal mail, or visitors at the police station, utilization of departmental tele- communications equipment for non-duty related purposes. 1.5.2.25 Courtroom Demeanor Unprofessional courtroom demeanor. For purposes of this Section, officers should be punctual, properly dressed and prepared (to include consultation with the prosecutor and processing pertinent police reports, notes and evi- dence). At all times, members of the Department shall maintain a respectful attitude toward the court and both counsels, Should one be requested/subpoenaed to testify for the defense in any trial or hearing, or against the City or Department in any hearing or trial, the one so requested/subpoenaed shall notify the Chief of Police in writing upon receipt of the request/ subpoena. 1.5.2.26 Truthfulness/Cooperation Testifying, making reports or conducting police business in a less than truthful and/or cooperative manner, 1.5.2.27 Departmental Records/Reports/Citations Stealing, altering, forging or tampering with any kind of police record, report or citation, To this end, the removal of any record, card, report, letter, document, or other official file from the Department, except by process of law or as directed by the Chief of Police or a superior, is prohibited. Additionally, the obtaining/ duplicating or attempted obtaining/duplication of any information from Department files, sources or reports 1-28 other than that to which one is properly entitled to in accordance with one's duties/assignments is prohibited. 1.5.2.28 Illness/Condition (Physical/Mental)/Sick Leave Failure to notify a superior officer when one becomes ill and cannot report for work, or if there is any change in one's physical/mental health that could dis- qualify the individual from being employed by the Department. .Additionally, the use of sick leave without just cause, false statement, or the furnishing of any false information with reference thereto by any member or employee of the Department is strictly prohibited. 1.5.2.29 Absence from Work Absence fr-om work without permission or abstaining wholly or in part from the full performance of one's duties in one's normal manner without permission. To this end, employees claiming physical or mental incapacity relating to their employment shall honor the request of the Chief of Police or his designated agent to be periodically interviewed as to the nature and extent of a claimed injury or illness and/or submit to an examination of the claimed physical/mental incapacity by an individual chosen by the Chief of Police or his designated agent or in_~hP alternativ an ~ndividua e employee claimin the incapacit In either event, the fining party must be licensed by the State of Illinois to conduct such examinations and the results of the exami- nation shall be made totally available both to the employee and the Chief of Police. Failure to honor such a request of the Chief of Police or his designated agent shall be violative of this rule. 1.5.2.30 Residence - Telephone/Address Failure to maintain a telephone at one's residence or to immediately notify the Chief of Police, in writing, of any change of address or telephone number. 1.5.2.31 Commercial Utilization of Enforcement Authority Utilization of the enforcement authority granted/approved by the City where one is compensated, directly or in- directly for exercising the enforcement authority/image for commercial, as opposed to official purpose, except as authorized in writing by the Chief of Police. 1.5.2.32 Off-Duty Employment Off-duty employment without the knowledge and approval of the Chief of Police. (The approval of the Chief of Police shall be based upon: (a) increasing off-duty 1-29 efficiency and availability, (b) avoiding potential conflicts of interest and protecting the image of the Department, (c) avoiding impairment of on-duty performance.) All outside employment activity in the capacity as a law enforcement officer will be considered as regular law enforcement work and the conduct and performance of duty will be carried out in compliance with the rules and regulations, general and special orders of the Department. 1.5.2.33 Gifts - Solicitation/Acceptance Soliciting or accepting any gift/gratuity from a host or donor if the employee knows or has reason~to believe that the host or donor is seeking to influence the member/employee's performance or non-performance of an official duty, has an interest with may be substantially affected by the performance of an official duty, has a substantial interest in an enterprise which is licensed or regulated by the municipality or has a pending matter before the municipality or the judiciary. No member or employee of the Department shall receive any gift or gratuity without the written permission of the Chief of Police or the r"ayor in cases involving the Chief of Police. Said shall not preclude a member or employee from giving or receiving any gift or gratuity from relatives or close friends upon appropriate occasions. 1.5.2.34 On/Off Duty Conduct - Morale/Efficiency/Image/ Public Confidence Engaging in conduct on or off-duty which adversely affects the morale or efficiency of the Department, or in the al- ternative, engaging in conduct on or off duty which has a tendency to destroy public respect for the employee and/or the Department and/or destroy confidence in the operation of the municipal service. 1.5.2.35 Neglect of Duty Neglect of duty. To this end, there shall be no failure to give suitable attention to the performance of duty. Examples include, but are not necessarily limited to: failure to take appropriate action on the occasion of a criminal offense, disorder or other act or condition deserving police attention; absence without leave, failure to report to duty at the time and place desig- nated; unnecessary absence from one's assignment during a tour of duty; failure to perforn~ duties or comply with any rule or regulation, general or special order; or failure to conform to Department operating policies and/or procedures. 1-30 L 1.5.2.36 Prompt Performance of Duty Failure to promptly perform as directed all lawful duties required by constituted authority, notwith- standing the general assignment of duties and respon- sibilities. 1.5.2.37 Insubordination Insubordination which shall include, but not be necessarily limited to, any failure or deliberate refusal to obey a lawful order given by a superior or any disrespectful, mutinous, insolent, or abusive language or action toward a superior, whether in or out of the presence of the superior. 1.5.2.38 Valuable Items - Buying/Receiving/Selling Buying, receiving, 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 the attention of or which arose out of Department employment, except as may be specifically authorized by the Chief of Police. 1.5.2.39 Solicitation of Favorable Acts Soliciting anyone to intercede with the Chief of Police, Mayor, legislative body, Fire & Police Commission, City Manager or any elected/appointed official in relation to promotions, departmental assignment, dispo- sition of pending charges or findings in a disciplinary proceeding. Nothing in this Section shall be construed to be applicable to licensed attorneys-at-law of the State of Illinois, when representing an employee/member of the Department. 1.5.2.40 Misconduct Known to Departmental Personnel Failure to report a fellow Department member or employee's violation of a law, rule or regulation, policy or procedure, general or special order. To this end, all such violations shall be reported in writing to a superior in the Department. Any violation on the part of the Chief of Police shall be reported to the Mayor. 1.5.2.41 Physical/Mental Condition Lack of maintenance of good physical/mental condition which interferes with the proper handling of Departmental business. 1-31 i 1.5.2.42 Termination of Duty/Assignment Termination of duty/assignment unless properly relieved or dismissed by constituted authority. 1.5.2.43 Possession of Keys Possession of keys, pertaining to Department business or obtained under Departmental authority, not one's own without tlZe approval of the Chief of Police. 1.5.2.44 Cooperation with Internal Investigations Failure to answer questions, respond to lawful orders, to render material and relevant statements, in an in- ternal department investigation when such orders, questions and statements are directly related to job responsibilities. Nothing in the Section shall be construed as to be violative of one's Federal or State constitutional rights. 1.5.2.45 Participation in Civil Matters Giving a deposition, affidavit or appearing as a witness in a civil matter stemming from one's official duties as a Department member without the knowledge of the Chief of Police. 1.5.2.46 Leaving City Going beyond the City limits while on duty unless in the performance of actual police duty, or upon the direct order of a superior. 1.5.2.47 Rendering Aid/Furnishing Identification Failure to render aid or furnish information as is consistent with one's duty. To this end,. a Department member/employee shall furnish one's name. and badge number in a respectful manner when so requested. 1.5.2.48 Loss of .City Property/Equipment - Reporting Failure to promptly report to the Chief of Police or his designated agent .the loss of any City property/ equipment that has been furnished the individual. 1.5.2.49 Recovered Property/Evidentiary Material Failure to turn over to the designated agent of the Department all lost, stolen, recovered,+~baondone or evidentiary material which comes into the possession of a Department member as a result of the performance of departmental duties. To this end, all such material shall be turned over prior to the completion of the 1-32 i tour of duty during which the material came into the possession of the member of the Department. 1.5.2.50 Fees/Rewards Acceptance or receipt of any fee or reward from any source for any services rendered in the line of duty without the knowledge and written consent of the Chief of Police. 1.5.2.51 Fighting/Quarreling Fighting or quarreling with another member of the Department . 1.5.2.52 Department Property-Loss/Damage - Negligence/ Tnattention Loss/damage to Department property due to negligence or inattention to duty. 1.5.2.53 Escapes Allowing a suspect or prisoner to escape from custody due to negligence or inattention to duty. 1.5.2.54 General Responsibilities at Crime Scene/Arrests Failure to thoroughly search for, collect, preserve and identify evidence of persons, property and locations in any arrest or investigation. 1.5.2.55 Serving as Character Witness Giving testimony as a character witness for any defendant in a criminal trial without the knowledge of the Chief of Police. 1.5.2.56 Knowledge of Laws/Rules & Regulations/Policies & Procedures/ General & Special Orders Failure to establish and maintain a working knowledge of laws, policies and procedures, rules and regulations, general and special orders. 1.5.2.57 Registration o€ Personal Police Equipment Failure to register with the Chief of Police the descrip- tion and/or serial numbers of all personal police equip- ment owned or carried. 1.5.2.5£3 Settlement of Duty Incurred Expenses/Damages Acceptance from any person of money or other compensa- 1-33 ii s tion for damages sustained or expenses incurred in the line of duty without first notifying the Chief of Police in writing. 1.5.2.59 Duplication of Police Identification Duplication, trading, or exchange of police identifi- cation without the knowledge and consent of the Chief of Police . 1.5.2.60 Private Benefit from Departmental Association Use of the prestige or influence of one's official position, or the use of the time, facilities, equip- ment or supplies of the Department for the private gain or advantage to oneself or another. 1.5.2.61 Vexatious/Unnecessary Complaints Making a vexatious or unneccsary complaint against a fellow member of the Department. 1.5.2.62 Use of Private Vehicles/Equipment Use of private vehicles/equipment for official purposes unless directed/authorized to do so by the Chief of Police or a superior. 1.5.2.63 Labor Disputes Entry into any buildings, structures, or premises where persons have been placed to indicate a labor dispute in progress, except when necessary in the performance of duty. To this end, strict impartiality shall be followed and gratuities, food and/or drink shall not be accepted from a party participating in the dispute. 1.5.2.64 Reports Failure to promptly submit by the performance of one's authority. 1.5.2.65 Residen such reports as are required duties or by constituted Failure to live, reside or be domiciled within the City of Canton (or, tiaithin such contiguous area as may from time to time be established by City Ordinance.) 1.6 Departmental Discipline 1.6.1 Who is Subject to Disciplinary Action Any member or employee who violates or attempts to violate a law of the United States of America, the State of Ills- ' 1-34 t ~. nois, local ordinances, or who violates or attempts to violate any rule or regulation, policy or procedure, general or special order, written or verbal order, or who is incompetent to perform one's duty is subject to appropriate disciplinary action. 1,6,2 Departmental Authority to Discipline Final departmental disciplinary authority and responsi- bility rests with the Chief of Police. Other supervisory personnel may take the following disciplinary measures: -Oral reprimand; -Written reprimand (subject to approval by the Chief of Police) ; -Emergency suspension; -Written recommendations for other penalties. 1.6.3 Emergency Suspension The following personnel have the authority to impose emergency suspension until the next business day against a member or employee when it appears that such action is in the best interest of the Department: -Chief of Police; -Lieutenants of Police; -Any Sergeant/Shift Commander; -The Mayor in cases involving the Chief of Police. 1.6.4 Follow-up Action on Emergency Suspension A member or employee receiving an emergency suspension shall be required to report to the Chief of Police on the next business day at 0900 hours unless otherwise directed by constituted authority. The supervisor imposing or recom- mending the suspension shall also report to the Chief of Police at the same time. The Chief of Police shall report to the Mayor and appropriate Committee Head. 1.6.5 Reports of Disciplinary Action Taken or Recommended Whenever disciplinary action is taken or recommended (except for oral reprimand) a written report must be submitted immediately containing the following informa- tion: -The name, rank, star number, and present assignment of the person being disciplined, including specific assignment and hours of assignment; 1- 35 ~ ~, ~ -The date(s) and time(s) of the misconduct and location(s), indicating on or off duty; -The section number(s) of this manual violated or common name of this infraction; -A complete statement of the facts of the mis- conduct; -The punishment imposed or recommended; -The written signature and position of the preparer and the preparer's position in~ relation to the member being examined. Distribution of Reports of Disciplinary Action. The report shall be distributed as follows by the one imposing or recommending disciplinary action: -Original and one copy to the Chief of Police via the chain of command. -One copy to the subject of the report. -One copy retained by the supervisor imposing or recommending the action. 1.6.6 Informing the Person Being Disciplined The member or employee being disciplined shall be informed of the charges at the time such action is taken. 1.6.7 Citizen Complaints Against Department Personnel Complaints by citizens against members or employees of the Department shall be recorded and investigated by the supervisor in charge as soon as possible in accordance with the following directions. When the investigation can- not be completed on the date it is received, a preliminary report will be prepared by the supervisor in charge out- lining the complaint and his actions and delivered to the Chief of Police via chain of command. Cases involving the supervisor in charge shall be investigated by the next senior supervisor. All investigations of the Chief of Police shall be conducted by the A"ayor and/or his designated agent/agents. 1.6.8 Serious Complaints or Allegations If, in the opinion of the Supervisor-in-charge, the inci- dent is of sufficient gravity, the Supervisor shall notify ~_! the Chief of Police, regardless of the hour. In addition, immediate action necessary to preserve the integrity of the Department until arrival of the Chief of Police shall be taken. Should the matter pertain to or involve the 1-36 ~ Chief of Police, the Mayor shall be notified. 1.6.9 Investigation of Alleged Misconduct The individual assigned the investigation of an alleged act of misconduct on the part of a member or employee of the Department shall conduct a thorough and accurate investigation. Such investigation shall include formal statements from all parties concerned, when necessary and pertinent, the gathering and preservation of physical evidence pertaining to the case, and all other information bearing on the matter. 1.6.10 Reports of Investigation of Alleged Acts of Misconduct Alleged acts of misconduct must be investigated and results of the investigation must be reduced to a written report. The investigator shall summarize the pertinent facts, including: -An abstract (summary) of the complaint or alleged act of misconduct; -Pertinent portions of the statements of all par- ties to the incident; -A description of the incident, physical evidence and other evidence important to the case; -The observations and conclusions of the investi- gating officer. 1.6.11 Conclusion of Investigation Involving Department Members/Employees All investigations of Department members or employees accused of misconduct will conclude with one of the follow- ing findings: -Unfounded: The investigation indicates that the act or acts complained of did not occur or failed to involve police personnel; -Exonerated: Acts did occur, but were justified, lawful and proper; -Not Sustained: Investigation fails to discover sufficient evidence to clearly prove or disprove the allegations made in the complaint. 1-37 ~~' -Sustained: The investigation disclosed suf- ficient evidence to clearly prove the allega- tions made in the complaint. Appropriate disciplinary action, if required, will be recommended by the investigator in accordance with the following guide. The report will be forwarded via the chain of command to the Chief of Police with each member in the chain indicating his approval or disapproval and attaching any remarks or observations bearing on the case . 1.6.12 Penalties The following penalties may be assessed against any member or employee of the Department as disciplinary action: -Oral reprimand; -Written reprimand; -Voluntary surrender of time off in lieu of other action; -Voluntary surrender of accumulated overtime in lieu of other action; zSuspension; -Dismissal from the service. 1-38