UNIFORM STANDARDS OF CONDUCT FOR
MEMBER PERFORMANCE

City of Canfield, Ohio

CANFIELD POLICE DEPARTMENT

 

These Standards of Conduct supersede all previous orders, memos, rules regulations, and any procedure established by unofficial sources, regardless of origin, pertaining to the subject matter contained herein.

These Standards of Conduct do not supersede any rights, benefits, procedures and remedies found within respective collective bargaining agreements between the City of Canfield and bargaining unit members.

 

 

 

Note: Major portions of this document duplicate, or are derived with permission, from copyrighted materials purchased June 1992 from Van Meter & Associates, Columbus, Ohio, who reserve all rights pertaining to those portions. Some parts of the Van Meter material have been modified through the collective bargaining process and are noted with a single asterisk. Those portions of this document which are not Van Meter material are noted with a double asterisk. All rights are reserved for any and all of the Van Meter material contained herein.

 

Table of Contents* 

MISSION OF THE CANFIELD POLICE DEPARTMENT

OATH OF OFFICE FOR POLICE OFFICERS

POLICE OFFICERS CODE OF ETHICS

TELECOMMUNICATOR’S CODE OF ETHICS

INTRODUCTION AND ORIENTATION

THE UNIFORM STANDARDS OF CONDUCT

01 Affirmatively Promoting a Positive Public Image

02 Aiding Other Members

03 Alcohol Use and Related Conduct

04 Maintaining an Acceptable Level of Availability for Work

05 Committing or Condoning Harassment

06 Committing Unsafe Acts or Endangering Self or Others

07 Conflicts of Interest

08 Cooperation with Members and Other Officials

09 Supervisors Shall Display Respect Towards Subordinate Personnel

10 Discriminating or Establishing Patterns of Discrimination in the Performance of Duties

11 Dishonesty or Untruthfulness

12 Displaying Competent Performance and Achieving Competent Performance Results

13 Abuse Of Sick Leave

14 Physical and Mental Readiness to Perform Primary Duties and Tasks

15 Giving a Full Day's Work for a Full Day's Pay

16 Insubordination

17 Knowing, Observing, and Obeying All Directives, Rules, Policies, Procedures, Practices and Traditions

18 Observance of Criminal and Civil Laws

19 Courteous and Respectful Behavior Toward Positions of Authority

20 Use or Unlawful Sale or Possession of Illegal or Unauthorized Drugs

21 Use and Care of Property and Equipment

 

MISSION OF THE CANFIELD POLICE DEPARTMENT**

The mission of the Canfield Police Department is to work in partnership with the community to protect life and property, solve community problems, and enhance the quality of life within in our city through the provision of prompt, professional and courteous service.

OATH OF OFFICE FOR POLICE OFFICERS**

I, do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Ohio; and the Charter of the City of Canfield, and I will faithfully, honestly and impartially discharge the duties of the office of Police Officer of the Municipality of Canfield, in the County of Mahoning and State of Ohio, during my continuance in office.

POLICE OFFICERS CODE OF ETHICS**

Primary Responsibilities of a Police Officer

A police officer acts as an official representative of government who is required and trusted to work within the law. The officer's powers and duties are conferred by statute. The fundamental duties of a police officer include serving the community; safeguarding lives and property; protecting the innocent; keeping the peace; and ensuring the rights of all to liberty, equality and justice.

Performance of the Duties of a Police Officer

A police officer shall perform all duties impartially, without favor or affection or ill will and without regard to status, sex, race, religion, political belief or aspiration. All citizens will be treated equally with courtesy, consideration and dignity.

Officers will never allow personal feelings, animosities or friendships to influence official conduct. Laws will be enforced appropriately and courteously and, in carrying out their responsibilities, officers will strive to obtain maximum cooperation from the public. They will conduct themselves in appearance and deportment in such manner as to inspire confidence and respect for the position of public trust which they hold.

Discretion

A police officer will use responsibly the discretion vested in the position and exercise it within the law. The principle of reasonableness will guide the officer's determinations, and the officer will consider all surrounding circumstances in determining whether any legal action shall be taken.

Consistent and wise use of discretion, based on professional policing competence, will do much to preserve good relationships and retain the confidence of the public.

Use of Force

A police officer will never apply unnecessary force or violence and will use only such force in the discharge of duty as is reasonable in all circumstances.

The use of force should be used only with the greatest restraint and only after discussion, negotiation and persuasion have been found to be inappropriate or ineffective. While the use of force is occasionally unavoidable, every police officer will refrain from applying the unnecessary infliction of pain or suffering and will never engage in cruel, degrading or inhuman treatment of any person.

Confidentiality

Whatever a police officer sees, hears or learns of, which is of a confidential nature, will be kept secret unless the performance of duty or legal provision requires otherwise.

Members of the public have a right to security and privacy and information obtained about them must not be improperly divulged.

Integrity

A police officer will not engage in acts of corruption or bribery, nor will an officer condone such acts by other police officers.

The public demands that the integrity of police officers be above reproach. Police officers must, therefore, avoid any conduct which might compromise integrity and thus undercut the public confidence in a law enforcement agency. Officers will refuse to accept any gifts, presents, subscriptions, favors, gratuities or promises that could be interpreted as seeking to cause the officer to refrain from performing official responsibilities honestly within the law. Police officers must not receive private or special advantage from their official status. Respect from the public cannot be bought, it can only be earned and cultivated.

Cooperation with Other Police Officers and Agencies

Police officers will cooperate with all legally authorized agencies and their representatives in the pursuit of justice.

An officer or agency may be one among many organizations that may provide law enforcement services to a jurisdiction. It is imperative that a police officer assist colleagues fully and completely with respect and consideration at all times.

Personal-Professional Capabilities

Police officers will be responsible for their own standard of professional performance and will take every reasonable opportunity to enhance and improve their level of knowledge and competence.

Through study and experience, a police officer can acquire the high level of knowledge and competence which is essential for the efficient and effective performance of duty. The acquisition of knowledge is a never-ending process of personal and professional development which should be pursued constantly.

Private Life

Police officers will behave in a manner which does not bring discredit to their agencies or themselves.

A police officer's character and conduct while off duty must always be exemplary thus maintaining a position of respect in the community in which he or she lives and serves. The officer's personal behavior must be beyond reproach.

TELECOMMUNICATOR’S CODE OF ETHICS**

As a telecommunicator I regard myself as a member of an important and honorable profession.

I will perform my duty with efficiency at all times.

I will be exemplary in my conduct, clear and communicative in my conversation, honest in my dealings and obedient to the laws of the city, state and country.

I will not, in the performance of my duty, receive private or special advantage from their official status.

I will at all times, recognize that I am a public servant.

I will give the most efficient and impartial service of which I am capable at all times.

I will regard my fellow telecommunicator with the same standards as I maintain myself.

I will be loyal to my fellow telecommunicators, my superiors and my ``agency.

I will accept responsibility for my actions.

I will keep secret whatever I see, hear, or learn of, which is of a confidential nature, unless the performance of duty or legal provision requires otherwise.

I will do only those things that will reflect the honor of my fellow telecommunicators, my agency and myself.

INTRODUCTION AND ORIENTATION*

Notice to Members

This version of our Uniform Standards of Conduct is presented to you for your information and safekeeping. It may not be reproduced in any form and remains the property of the Canfield Police Department and must be returned upon demand.

The manual contains our current 21 standards of conduct for each member. Each member is responsible for knowing about, understanding, and complying with these standards and for directing any questions or misunderstandings about them to an appropriate supervisor.

The manual is divided into the following parts:

Ÿ Mission Statement for the Canfield Police Department; Oath of Office for Police Officers: and Codes of Ethics for Police Officers and Telecommunicators. Note: These sections are the foundation upon which the Standards of Conduct are built. Members cannot be disciplined for violations of the wording in these sections. However, the concepts promoted in these sections are incorporated into the Standards of Conduct.

Ÿ introductory and orientation information concerning the standards of conduct and the need for the standards

Ÿ the 21 standards describing the behavior or conduct expressly required or prohibited. The format for each statement contains a standard referral number for reference purposes and a statement of business relationship to help members understand why the standard is necessary

Ÿ specific enforcement guidelines for each of the standards.

Ÿ illustrative examples of what management would normally consider to be non-violations and violations of each standard.

Ÿ members should expect that certain types of violations will lead to their immediate termination. Examples of those types of violations are identified in the 21 standards of conduct, where applicable.

The enforcement guidelines are subject to periodic revision (with notice to the membership) as are the examples. While studying the examples associated with each standard, it is important to keep in mind that no attempt is being made to provide an exclusive listing of all possible examples that may or may not constitute a violation. Others may exist and may periodically be added to these listings. Examples communicate the intent, which is as important as the wording of the standard itself. Members who have a problem understanding this format have an affirmative duty to bring their questions to the immediate attention of management.

Over the years, organizational rules evolve into an accumulation of several administrative decisions. It is good practice for management to periodically audit these rules to ensure they are still relevant to the needs of the Department and that members know what is expected of them in terms of their conduct and performance. When this occurs, employer-member relations and member morale is improved and the potential for quality performance is enhanced. History has shown that each year thousands of tax dollars could be saved by reducing the potential for valid and frivolous complaints alike caused in part by unclear work standards.

No Change in Existing Relationships

These standards do not establish an implied or written contract or change existing relationships with members, or applicants for a job or position or continued job or position within the Canfield Police Department. Rather, their intent is to communicate reasonably to members the Department's desire in decisions affecting employment, continued employment, and termination. These standards may change in the future to reflect changes in laws, work environment, operations and other circumstances affecting this Department's operational needs.

The publication of these standards does not change the existing rights of the Department to make all employment, retention and termination decisions. These standards are not intended to provide an exhaustive list of the situations that could lead to termination or discipline. Some additional considerations that may affect a member's employment include:

Ÿ the business necessity of the Department as permitted by equal employment opportunity and fair employment practices

Ÿ the economic necessity of the Department as determined by budgetary considerations existing at the time

Ÿ the performance necessity of the Department as determined by its mission and the member's ability to accomplish satisfactory performance results

The following factors are not intended to be included in disciplinary or termination decisions:

Ÿ illegal discrimination as defined by law and national and state fair employment practices

Ÿ violations of public policy as defined by current trends in employment laws

Ÿ violations of agreed upon collective bargaining contracts with this Department and its organized members

Management's Rights to Establish Standards of Conduct

Management has the unilateral right to establish this Department's directives. This authority extends to the periodic auditing and clarification of its existing standards of conduct as well as to the addition of new standards that relate to the effective, efficient and safe performance of its members. Directives may be oral or written as long as they fundamentally propose to:

Ÿ provide order

Ÿ establish predictability in performance results

Ÿ provide direction to members

Ÿ create a sense of purpose and fairness in management procedures

Ÿ assure the public that the Department's mission will be achieved

When it becomes necessary to modify its rules, management will notify members pursuant to respective collective bargaining agreements of such changes when such changes will affect their work positions. Normally, such notices occur through non-formal channels of communications. In turn, members are expected to self-initiate individual efforts to keep themselves abreast of such changes.

This Department's Uniform Standards of Conduct are based on the expectations that members accomplish the following:

Ÿ be at work on time

Ÿ be available for work

Ÿ give a full day's work and be productive during work

Ÿ respond in a positive manner to management's directives

Ÿ learn present job as well as new jobs

Ÿ adjust to change

Ÿ get along with others

Ÿ know and follow the rules, policies, practices and procedures of the Department

Ÿ be physically and mentally fit for work

In publishing the uniform standards manual, management recognizes that members too have a need for job security and to be treated fairly in administrative decisions affecting their employment status, particularly in discipline and termination actions. Therefore, when regular members (i.e., full-time non-probationary members) perform in a manner contrary to the Uniform Standards of Conduct, they can expect that management will:

Ÿ provide consistent and predictable responses to violations of standards

Ÿ provide fair discipline based on facts

Ÿ allow members a reasonable chance to question facts and present a defense

Ÿ provide for an appeal of a suspension, demotion, or discharge

Ÿ provide progressive discipline, except in cases of gross misconduct.

Ÿ use sound management practices to ensure reasonable job security for those who satisfy the performance standards of their job responsibilities, duties and tasks

Ÿ provide responsible and humane supervision

Ÿ set performance standards and be recognized for consistent achievement of those standards

Ÿ provide reasonable training and direction on how to successfully achieve competent performance results on new tasks or old tasks that are not performed on a regular basis

 

The standards of conduct also apply to probationary full-time employees and to part-time employees, however, their employment is at-will and no right exists to appeal a disciplinary action.

Procedural Justice

The Uniform Standards of Conduct promote the concept of procedural justice. This concept requires that management follow its own policies, procedures and practices when exercising its rights, particularly in disciplinary and termination procedures. While these elements require no specific policies, procedures or practices, it does incorporate the principle that members be treated fairly in an employment situation. In understanding procedural justice, it is helpful to think of it as an agreement between management and its members that, in cases of disciplinary or termination actions, management will follow its own processes, and in return members will affirmatively work to promote this Department's image, mission, goals and objectives.

Procedural justice requires that members be aware of what they can be disciplined for, that evidence used to prove a case is substantially credible, that regular members know all the facts of discovery at the appropriate time and in an appropriate manner, that regular members have an opportunity to defend themselves and that no elements of surprise exists.

For purposes of the uniform standards, cause to discipline or initiate removal action is established when a member fails to comply with any of management's directives, whether such directives be in writing or made verbally.

In a discipline or removal case, cause is established when:

Ÿ members receive advance notice of the possible or probable disciplinary consequences of their conduct

Ÿ regular member is defined as a full-time and non-probationary member

Ÿ a reasonable relationship exists between the rule and the safe and efficient operations of this Department

Ÿ fact-finding efforts were made before discipline or removal action was imposed

Ÿ a fair and objective investigation was held

Ÿ substantial evidence exists to prove the member is guilty as charged

Ÿ discipline or removal actions are applied without unlawful discrimination (namely, demographic characteristics of the member)

Ÿ the degree of discipline is reasonably related to the seriousness of the offense as well as the member's service record as a cooperative and productive member.

Policy versus Standards

Policy is one type of directive outlining management's intent or position on a given topic. Policies may be written or established by practice. They are not designed to cover every situation, but the majority of situations expected to occur. Policies are most useful when they clarify management's intent, help improve decision making, and establish overall operational consistency. Policies are not rules. Members who deviate from policy will be expected to justify their actions in writing to avoid sanctions. Policies require compliance; however, if the member can justify deviation due to circumstances that would make following the policy impracticable, then management's failure to enforce it does not create a precedence for non-enforcement under different circumstances.

Violations of the standards call for mandatory sanctions, regardless of circumstances. Unlike in cases where deviation from policies because of circumstances can work to remove the possibility of sanction, circumstances can only work to mitigate the degree of sanction when the standard is violated.

When sanctions are imposed, the concepts of progressive discipline will normally be followed if two circumstances exist. First, a review of the member's work history provides substantial evidence that the member will learn from the experience and future performance will improve. Second, the violation was not of sufficient nature or did not result in serious damage to this Department's business purposes, or retaining the member would create an unreasonable risk to this Department's business needs.

Fair Enforcement

The performance requirements of the Uniform Standards of Conduct shall apply to all members, whether full-time, part-time, volunteer, auxiliary or temporaries. The standards provide members with sufficient notice about the conduct expected of them, informs them how discipline will be used to enforce such standards, how positions can be terminated, and provides them with notice that all decisions concerning management action relevant to these standards will be dealt with in a fair manner.

 

THE UNIFORM STANDARDS OF CONDUCT*

Unlike policies and practices, these standards are performance mandates. They do not permit deviation. When members violate standards they should expect to be disciplined or terminated for just cause according to the established policies and practices of this Department.

Violating a standard of conduct has serious consequences for members. It is important, therefore, that members interpret the spirit of the standards and their literal meaning uniformly. Standards are concepts and are often subject to individual interpretation, which in turn is heavily influenced by individual motives and desires. Therefore, the examples of violations and non-violations and enforcement guidelines contained in this manual should help those members with the ability and desire to understand and follow the rules. Members who do not understand the standard's meaning or management's intent are responsible for contacting a supervisor for clarification. Members who fail to clarify any Department directives after they are published may not use lack of understanding as a defense if charged with violating the directive.

Like all Department directives, these standards are subject to change with appropriate notice as conditions warrant.

ILLUSTRATIVE EXAMPLES OF VIOLATIONS AND NON-VIOLATIONS

Included with each standard are non-exclusive listings of what management considers to be illustrative examples of violations and non-violations of the Uniform Standards of Conduct. A non-exclusive listing means that management, by publishing these listings, is not attempting to state all possible examples. Others may be applied, and the list is subject to periodic revision as deemed necessary by management.

These examples are provided for the sole purpose of assisting member understanding of the types of actions and behavior that management intends to prohibit or command from its employees and are subject to periodic change as deemed necessary by management.

Each member is required to review the Uniform Standards of Conduct and these examples periodically. If questions remain concerning what behaviors or conduct could be construed to be violations, members have an affirmative duty to bring their questions to management to avoid the potential of violating a standard.

ENFORCEMENT GUIDELINES

Enforcement guidelines are included with each standard. These enforcement guidelines are written to apply to all members. As stated elsewhere in this manual, these guidelines are not absolutes. They only provide members with an idea of what to expect in the way of management reaction when cases of similar nature and outcomes occur. In all cases, decisions to discipline or terminate and the level of discipline will be made on a case-by-case basis that considers the following:

• the seriousness of the offense

• the member's willingness to change behavior and sustain such changes throughout the remainder of his/her employment history

• the deterrent effect of preventing violations by other members

• the member's employment work history to include such things as productivity, attendance, being a positive role model for other members and supporting management's goals and objectives.

• the member's seniority

01 Affirmatively Promoting a Positive Public Image*

Members shall conduct themselves (on duty as well as off duty) in a manner that does not damage or have the probable expectation (in the mind of a reasonable person) of damaging or bringing the public image, integrity or reputation of the Canfield Police Department into discredit or disrepute.

Business Necessity for this standard

Members shall accept full responsibility for their behaviors and the results of their behaviors on duty as well as off duty. Behavior that may not be considered wrong in private employment may be wrong in the public sector because of the nature of the public service mission.

Historically, citizens are quick to criticize and require that public safety members be right as well as look right in their conduct and behavior. Management recognizes its responsibility to balance standards of conduct designed to promote public trust while at the same time to avoid unnecessary infringements on the member's right to privacy. At the same time, members whom wish to hold the honor of a public position and enjoy the privileges of public trust share an affirmative responsibility to conduct themselves (on duty as well as off duty) in a manner that does not bring public image or trust into question. The member's right to privacy does not create an obligation on management to finance those rights at the expense of effective, efficient, or safe operations of this department.

Examples of non-violations

Non-criminal, off-duty conduct (behavior) that has no impact or probable impact on the safe, effective or efficient operation of this agency.

On-duty conduct or work behavior that is questioned by a citizen and through a formal administrative response can be honestly explained and justified by the business necessity of the situation existing at the time.

Taking criticisms of the agency’s operations to the general public when such actions are in the public’s best interest.

Examples of violations

Causing a scene in a restaurant when a discount on meals is not given. (NOTE: This may also be a conflict of interest; see STANDARD 07).

Consistent substantiated complaints from citizens concerning the member's behavior as it relates to violations of law.

Failing to identify self, badge, and identification card and number to any member of the public when appropriate. (NOTE: This does not include identifying self if working undercover or when member's safety would be endangered.)

Failing to keep exposed equipment clean and in proper order, particularly when such equipment is exposed to public view.

Failing to present proper grooming, uniform or dress appearance while on duty or representing this department.

Failing to speak courteously to members of the public or treat them courteously (e.g., failing to give badge number when requested to do so, not letting a violator(s) ask reasonable questions about points of law or about the nature of the offense.)

Loud and crude language in front of the public when such language has a direct and detrimental impact on public image.

Smoking tobacco while in non-smoking areas or vehicles, while directing traffic, or when anyone present objects to smoking in their presence.

Using profane or abusive language in front of members of the public.

Enforcement Guidelines

Progressive discipline up to and including termination. Severe damage of public image, trust or irrefutable damage to the employer-member relationship may result in termination.

02 Aiding Other Members*

Members shall, during the line of duty, come to the aid of another member when a request is made known or the need for assistance is obvious.

Business necessity for this standard

The nature of public safety work frequently requires the support, assistance and safety of other members. Knowing this support will be rendered in time of need promotes and maintains morale and a sense of well-being among all members.

Examples of Non-violations

Attempting to avoid responding to a call (giving a supervisor the reasons) if a prisoner is in the car.

Attempting to avoid responding to a dispatched emergency call when the vehicle has insufficient fuel to respond appropriately and the deficiency is not the responsibility of the employee involved.

Being injured to such an extent that physical assistance would be impossible or impractical.

Not backing up another when enough other members closer to the scene are available. (NOTE: The member always accepts the responsibility for the consequences of failing to back up should it be found his or her judgment was in error).

Not responding to situations in which a similarly trained and experienced member (based on the facts known at the time) would not suspect or be led to believe that assistance was necessary.

Refusing to assist another in a violation of law.

Examples of Violations

Establishing patterns of being habitually not available or unable to respond to a request for assistance or to respond to a call.

Failing to self-initiate an immediate and appropriate response in an emergency situation where another comparably trained employee with similar job responsibilities would self-initiate an immediate response without waiting to be told to do so by a supervisor, peer or dispatcher.

Responding to a request for assistance and then not seeking ways to provide such assistance (e.g., taking the long way around to the scene, arriving at a scene and then standing around waiting to be told what to do, joining in on a group work effort and letting others do the work).

The failure to participate as a back up for another member or the repeated dependence on another member to take the lead in potentially injurious or dangerous situations.

The failure to respond when a request for backup is made by another member, particularly if the failure was due to an unauthorized absence from duty or being out of an assigned work area.

Through lack of self-preparation, failing to know enough about what is going on to do a job efficiently or effectively, or cause others to be inefficient or ineffective in the performance of duties.

Enforcement Guidelines

Progressive discipline up to and including termination. Termination may result if failing to aid other members results in serious injury or death, or the substantial risk of serious injury or death.

03 Alcohol Use and Related Conduct*

Members shall not possess or consume alcoholic beverages while on duty or while in uniform on duty or off duty. Nor shall any member consume alcoholic beverages in proximate time to his or her reporting time for duty or report to duty with evidence of having consumed any alcoholic beverage.

Business necessity for this standard

The consumption or possession of alcoholic beverages by public officials is highly scrutinized by the public. Improper and excessive uses of such chemicals lead to severe criticisms of this Department and of all its members. Because a large portion of public safety work depends on a member's ability to evaluate critical situations and make judgments that often affect public confidence, life, liberty, and safety, it is critical that judgments be as unimpaired as practicable. The effects of alcoholic beverages interfere with this decision making ability.

Examples of Non-violations

Off-duty consumption when the conduct has no probable adverse impact on the department's image.

Lawful possession through duty necessity is not a violation of this standard.

Non-uniformed assignments where alcoholic consumption is necessary to facilitate a case investigation or protect a law enforcement identity.

Examples of Violations

Alcohol consumption during assignments when the blood alcohol level exceeds the state's presumptive level or the member's behavior indicates that the member is under the influence of alcohol.

Any unapproved consumption of alcohol while in uniform (on or off duty).

Reporting to or remaining on duty with the smell of an alcoholic beverage on one's breath or emitting erratic behavior that would indicate the member was under the influence of alcohol or is suffering from a hangover to the extent that it interferes with your duty.

Enforcement Guidelines

Progressive discipline up to and including termination. Termination may result if serious damage to property or public image, or personal injury, or serious safety violations are the consequences of violations of this standard.

04 Maintaining an Acceptable Level of Availability for Work*

Each member must maintain a reasonable level of availability for work.

Business necessity for this standard

Public safety work requires team effort, and each member plays an important part as a member of the team. Unless members are regularly available for duty, work cannot go on effectively or efficiently. Excessive absenteeism causes unnecessary increases in official operating expenses. Members who are excessively unavailable for work (regardless of cause) force others to carry their extra loads as well as tie up job opportunities and positions for more available personnel.

Examples of Non-violations

Conducting personal business during break periods.

Approved bereavement leave.

Approved time in training, special work, or educational assignments.

Earned vacation time.

Minimal required military time as permitted by law.

Personal days when used according to policy.

Time off for jury duty.

Time off on approved disability (e.g., serious injuries in the line of duty, pregnancy)

Approved use of sick leave.

Examples of Violations

All unauthorized absences.

Failing to attend a scheduled training course or being absent for any period of time from a scheduled training course without direct approval from appropriate authority.

Time late reporting for duty after receiving notice to correct.

Failing to appear in court when subpoenaed or summoned.

Time lost sleeping, loafing, habitual loitering, habitual socializing, or unauthorized watching of television during restricted times on the job.

Time spent conducting personal business on work time.

Time spent on an extended lunch or work break after receiving notice to correct.

The failure to appear for hearings or trials without good cause and without giving advance notice to the court liaison's officer.

Making oneself unavailable for duty (e.g., leaving the station without notifying the dispatcher and immediate supervisor, not answering a radio when called, unplugging the telephone to avoid taking a call, or consistently taking longer than normal comfort breaks).

Enforcement Guidelines

Progressive discipline up to and including termination.

05 Committing or Condoning Harassment*

Harassment (e.g., sex, race, religion, national origin, ethnic, disability or age) are prohibited as a basis for conduct, behavior, or decisions affecting another member's or potential member's terms or conditions of employment. Members shall not use sex, race, religion, national origin, ethnic background, disability or age in their words, actions, gestures, conducts or behaviors that could reasonably be construed or perceived by another member or potential member as hostile, offensive, or intimidating.

Business necessity for this standard

It is management's right and responsibility to channel, control, and otherwise prohibit member behavior or conduct that has the potential to cause employer liability or disruption in the workforce or to subject management to civil liability for violations of a member's civil rights. On-the-job or job-related sexual, ethnic, racial, national origin, disability, age, or religious harassment is a serious violation of a member's, or potential member's, civil rights. Civil courts hold employers and members highly accountable and liable for controlling behavior and conduct in these areas.

Examples of Non-violations

Language (not slang) in reports or other communications that provides standard descriptions of witnesses, suspects, and others; for example, three black males, one white female.

The telling of stories or jokes that do not have an illegal basis (such as sex, race, ethnic or national origin, religion, age, or physical disability).

Examples of Violations

A supervisor denying an employee with whom he or she currently has or has had a personal relationship an atypical amount of preferential job assignments or work conditions.

A supervisor giving an atypical amount non-preferential job assignments or unfavorable considerations to an employee with whom he or she currently has or has had a personal relationship.

A supervisor observing or condoning, through actions or inactions, prohibited harassment by failing to properly report it to designated management authorities.

Continually asking an employee for dates once that employee has expressed no interest in starting or continuing a personal relationship.

Fails to demonstrate positive efforts to get along with a member of another race, sex, religion, national origin or refusing to work with such persons.

Making slurs based on sex, race, religion, national origin, age, physical disabilities, or ethnic background to or about employees.

Posting derogatory graffiti, cartoons, or script based on sex, race, religion, national origin, age, physical disability, or ethnic background on bulletin boards, chalkboards, walls, locker rooms, or vehicles.

Telling sexual, racial, ethnic, national origin, religious, age, or disability jokes or stories.

Enforcement Guidelines

Progressive discipline up to and including termination. Termination may result if coercion, physical force, battery or assault is an element (particularly if a supervisor is the aggressor).

 

06 Committing Unsafe Acts or Endangering Self or Others*

Members shall not commit acts or behave in such a manner that has the potential for endangering or injuring themselves, property, or another person.

Business necessity for this standard

Safe behavior in public service work is paramount due to the level of public trust and the nature of the equipment involved(e.g., firearms, motor vehicles, impact tools, chemicals, etc.). Unsafe behavior and unsafe use and handling of equipment significantly increases the risk of injuries to citizens and personnel plus increases the risk of potential liability for this Department.

Note: Management recognizes that the law enforcement occupation is inherently dangerous and that police officers must make split second decisions that ultimately may result in an officer endangering himself to protect others.

Examples of Non-violations

An act where risks occur because the employee has not received training comparable to that of others.

Assigning a member to perform a task or duty for which he or she has received the reasonable training or to assign equipment to use that is considered adequate under a reasonable standards rule is not a violation of this standard.

Equipment malfunctions when such malfunctions are beyond the control of the member.

Life-threatening situations where the probable consequences or actual consequences (as judged by a reasonable member) of committing the unsafe act are less dangerous than the actual or probable consequences of failing to perform.

Examples of Violations

All behaviors prohibited or not authorized by specific guidelines, policies, procedures and practices that are designed to prohibit unnecessary risk to all person's safety.

Allowing untrained employees or civilians to use equipment that has the potential of being damaged or injuring any person.

Being assigned to assist as a backup and habitually failing to be able to provide support or assistance is substantial evidence that the member is violating this standard.

Being on patrol, dispatch, or backup and failing to keep aware of events and circumstances ongoing during the shift that have a reasonable expectation of causing a safety concern for others or self.

Continuing a chase for a minor violation once a license number and driver identification are known and substantial evidence exists to indicate the person can be apprehended later on with less public endangerment.

Failing or refusing to wear a seat belt properly.

Failing to drive defensively, resulting in a chargeable motor vehicle accident, in nearly causing a motor vehicle accident, or in the department's receiving a substantiated complaint.

Failing to notify the dispatcher of location, particularly on a traffic stop or encounter with a suspicious person.

Failing to provide known information or withholding information that results in another member being injured or subject to an unnecessary safety or health risk.

Failing to report damaged or dysfunctional equipment that has the probability of endangering self or others.

Handling, aiming, firing, unloading or loading a weapon contrary to established policies or procedures.

Horseplay (e.g., the use of equipment for purposes not specifically designed or pranks that create the possibility of injury).

Leaving security doors open, ajar, or defeating the locking mechanism.

Leaving unsecured or improperly stored a weapon or potential weapon.

Purposefully going out of service (e.g., not answering a radio when called, unplugging the telephone to avoid taking a call, logging out of service) when substantial evidence indicates another member or person needs assistance.

The unauthorized and unnecessary divulging of information, communications or correspondence that identifies an investigative official.

Unauthorized as well as unnecessary divulging of information, communications, or correspondence that identifies or suggests the identification of an informant or undercover member of this agency or any other investigative official.

Unsafe and/or improper handling or use of equipment that carries a reasonable risk of endangering persons or property.

Enforcement Guidelines

Progressive discipline up to and including termination. Termination may result if serious injury or extensive property damage occurs.

 

07 Conflicts of Interest*

Members shall not create conflicts of interest or potential conflicts of interest with the duties and obligations of their positions within this Department.

Business necessity for this standard

Public service work requires that members do not compromise the authority, integrity, trust, or confidence inherent in their offices.

Public safety officials have easy and often uncensored and unquestioned access to people, information, resources and positions of trust not easily available to the general citizen. This "freedom of office" must be governed and controlled if the public trust is to be preserved. Failure to do so will severely restrict the ability of this Department to provide its services in an effective and efficient manner. When conflicts of interest occur between the member's private rights as a citizen and the privileged rights attributed to the member's position with this Department, management attempts to bring about a reasonable balance, if possible. When this balance cannot be made and the member's interests are in promoting their own personal interests, management must initiate action designed to promote the mission of this Department.

Examples of Non-violations

Authorized off-duty employment that does not have a reasonable potential of interfering with work schedules, performance of job tasks, or the department's mission.

Management recognizes that on occasion it becomes necessary to recommend or request the reduction or dismissal of a traffic or criminal charge in order to pursue higher goals, i.e., developing informants.

Freedom of speech and associated issues, provided the exercise of such rights does not conflict with this agency's business necessity (the member must establish the elements of "public concern").

Refusal to follow management's request to discontinue a conflict of interest situation is not a violation of this standard; these incidents are violations of the insubordination standard.

Responding to an emergency, while on duty, of a personal nature (e.g., plumbing leak at home) if the supervisor verifies and approves the necessity and another's safety or public services are not at issue.

The right to join any group or association that does not have as its political doctrine the unlawful overthrow of the United States government or does not advocate unlawful criminal or civil actions against any individual or social group.

The right to vote in public elections, primaries, or referendums.

Examples of Violations

Accepting gratuities from any business or person when the giver has a personal service or favor to gain from providing the gratuities or when it could be interpreted as seeking to cause the member to refrain form performing official responsibilities honestly within the law.

Engaging in an illegal work slow-down, sit-down, or strike.

Failing to perform a duty because of personal interests.

"Fixing" or attempting to have "fixed" a citation (NOTE: A supervisor who uses discretion to void a citation that was written contrary to departmental policies or enforcement priorities is not violating this standard, provided the facts are properly documented and the member violating the policy or priority is properly notified and sanctioned).

Unless specifically authorized by the Chief of Police, no member shall disseminate information obtained by this department relating to investigations, incidents, personnel, or other matters of a confidential nature, to the public, or to other members within this department, who have no business necessity or legal access to that information. (Note: this is not to be interpreted as not having a duty to comply with the Ohio Public records laws as per departmental procedures and practices).

Having a substantial financial interest in any contract with, or substantial sale to, the City.

Incurring financial liability or obligations for the department without job authority or written permission to do so.

Owning a business in whole or in part that provides a service or product that conflicts with or jeopardizes the mission, goals, or objectives of the department.

Performing a secondary job or private work while on duty such as making business contacts, conducting follow ups on outside work, delivering correspondence, or selling.

Performing substandardly and holding a secondary job is substantial evidence that the secondary job is a conflict of interest in part or in whole.

Providing a secondary employer or employees of a secondary employer with special governmental services or treatment.

Purchasing from a prisoner or giving or accepting gifts from or for a prisoner.

Recommending the private or professional services of an attorney, bondsman, wrecker company, hospital, doctor, architect, engineer, contractor, builder, etc., to a citizen, victim or prisoner.

Releasing or providing access to administrative or public information and/or documents or records without complying with established administrative procedures or laws governing the release or controlled release of such information.

Soliciting rewards for performance of service.

Using information gained from professional duties for personal gain.

Using position to demand or coerce entrance into places of amusement, for free meals, drinks, or other gratuities.

Working for an individual or establishment that has a community or departmental reputation for violence, crime, vice, illegal drug trafficking, etc.

Enforcement Guidelines

Progressive discipline up to and including termination. Termination if conflicts significantly damage the work relationship or public image of this Department.

 

08 Cooperation with Members and Other Officials*

Members are required to affirmatively seek ways to cooperate and work with other members, other public officials, and members of any organization with whom the member or this Department needs to have a good working relationship in order to deliver lawful, effective, efficient, and safe services.

Business necessity for this standard

The need to work in a cooperative manner with other members and with members of other agencies and public officials is self-evident. In today's society, the effective, efficient and safe delivery of public services requires a coordinated effort of all members and public service agencies.

Examples of Non-violations

Directing requests through the established chain of command when their approvals are necessary.

Members are not required to compromise professional integrity to gain the cooperation of another individual or organization.

Supervisors who use legitimate supervisory authority to direct and inform members of the consequences of their failure to comply with management's lawful directives is not a violation of this standard, provided comments are directed at the member's performance shortcomings and not at the employee's persona.

Examples of Violations

Failing to seek affirmative ways to establish a working relationship or share work-related information with a member, or a member of another organization when it is found that such failure resulted in ineffective, inefficient or unsafe performance of the member's duties and responsibilities.

Failing to honor and display respect for customs and traditions of this agency or another (e.g., failing to salute the flag while in uniform, to remove head gear inside a courtroom, to address a judge or public official by proper title, etc.).

Threatening, intimidating, coercing or interfering with the work performance of another.

Enforcement Guidelines

Progressive discipline up to and including termination.

09 Supervisors Shall Display Respect Towards Subordinate Personnel*

Supervisors shall treat subordinates with the same courtesy and respect that is required of subordinates to display to supervisors. Criticisms of a member or a member's performances will be made directly to the subordinate and, when practicable, in a private setting.

Business necessity for this standard

Members who are treated with respect, concern, and courtesy are typically better performers and have higher morale. Supervisors who respect subordinates and limit criticism to unsatisfactory work performances obtain higher levels of member cooperation than those who direct their criticisms at the member's person.

Because supervisors are management's representatives, higher levels of performance are expected of them in this area; and they are expected to set a positive example for others to follow.

Examples of Non-violations

Humor, of a non-offensive or illegal manner, to relieve tension or stress, is not intended to be a violation of this standard. (NOTE: Should a particular member become the victim of targeted harassment, a violation of this standard exists).

Performing supervisory duties with respect to reprimands, counseling, etc., is not a violation of this standard as long as it conforms to good personnel relations practices.

Reacting during the excitement stage of an emergency to a subordinate without courtesy when the member initiates disrespectful, offensive, or threatening behavior towards the supervisor.

Examples of Violations

A supervisor discusses a private conversation with another individual who has no business necessity to know about the conversation. (NOTE: The supervisor is required to inform the member prior to engaging in such a conversation whether or not the conversation will be relayed to other parties as well as the business necessity for such action).

Criticism directed at the member and not the member's performance results (e.g., "there is no place in public service for your kind", etc.).

Failing to find a private place to speak with a member about performance problems or criticizing the member or the member's performance in front of others who have no need to know about the problem.

Gossiping, or condoning the continued gossipry by others, about a member to other members or supervisors by making derogatory statements or comments with purpose to degrade, ridicule, humiliate, or slander said member.

Having a problem with a subordinate and not coming to him/her to deal with it directly, using another person outside of the chain of command to convey dissatisfaction with the subordinate's performance.

Supervisor admonishes the subordinate without full knowledge of the situation or circumstances of the situation or problem.

Using group meetings to criticize other members. (NOTE: this does not prohibit discussing important information of a performance nature when others at the meeting need to know the information to perform their jobs). (NOTE: this example is not intended to pertain to union meetings).

Peering into or searching through a subordinate’s office, desk, locker, briefcase, records, computer files, etc., when there exists no business necessity for doing so.

Loud, profane, or abusive language or gestures directed at, towards, or about a subordinate member. this is particularly serious if committed in the presence of other members or made known to other members, or members of the public.

Enforcement Guidelines

Progressive discipline up to and including termination.

10 Discriminating or Establishing Patterns of Discrimination in the Performance of Duties*

In words, deeds, gestures, performance of jobs, duties, tasks and delivery of services, members shall not discriminate; nor shall they establish a pattern of adverse impact in the delivery of services when such discrimination has a basis in such areas as a person's sex, ethnic background, race, color, national origin, lifestyle, religion, criminal history, age, disability or social status.

Business necessity for this standard

Public members must strive to maintain neutrality in the performance of duties and the delivery of services to all persons regardless of their personal characteristics, social status, or work conditions. Discriminatory services and treatment of all citizens creates a serious threat to the well-being of all as well as exposes this Department to the possibility of civil and/or criminal action.

Examples of Non-violations

After a crime involving a black man, woman, Hispanic, etc., with personal identifying characteristics, the officer stops suspects with similar characteristics.

Concentrated enforcement activity because of previously established violation patterns.

Selective enforcement programs for specific violations of codes or ordinances.

Examples of Violations

Not patrolling in select neighborhoods compared to other members responsible for patrol of a particular neighborhood provides substantial evidence that this standard is being violated.

The enforcement activities of an officer when compared to the typical activities of the work unit show a disproportional impact on a specific demographic group or against a specific individual or group of individuals.

Enforcement Guidelines

Progressive discipline up to and including termination.

11 Dishonesty or Untruthfulness*

Members shall not lie, give misleading information, or falsify written or verbal communications in official reports or in their actions with another person or organization when it is reasonable to expect that such information may be relied upon because of the member's position or affiliation with this Department.

Business necessity for this standard

Public work is based on public trust and confidence. Performance standards in this area are much higher for public members than for the ordinary citizen. History has shown that having lost trust in its elected or appointed officials, the public is quick to react, often resulting in reductions in operating budgets, external review boards, replacement of officials, and in some cases abolishment of the organization.

Examples of Non-violations

Filing information that proves to be wrong when the member can provide substantial evidence that he or she had no intent to be in error.

Minor omissions or errors on reports or cases that have no significant impact on outcome and when the member has not been working with or has not worked with such reports or cases for a period of time.

Redirecting a criminal suspect's, or a potentially dangerous suspect's, attention or focus in order to reduce the threat of injury or jeopardizing of an important investigation is not a violation of this standard.

The use of lawful interview and interrogation techniques during investigations.

Examples of Violations

Conducting a performance evaluation that does not comply with the policies governing performance evaluations or does not comply with the spirit or intent of the evaluation process.

Covering up or purposefully failing to report damage or loss of equipment.

Failing to conduct a professional investigation and, because of it, an innocent person is prosecuted. (NOTE: This may also be a violation of STANDARD 12, the competency standard.).

Falsifying a job application, activity records, activity reports, attendance records, certification records, public documents, etc..

Falsifying a sick leave report, workers compensation or accident claim.

Falsifying any report in part or in whole or failing to provide a complete and accurate report or account when it is evident to a reasonable and prudent person that a complete report would lead to a different conclusion.

Giving untruthful or misleading statements or partial truths during a legal proceeding, agency investigation, or administrative proceeding.

Intentionally claiming higher than appropriate damage to property on an official report to boost higher insurance payments. (NOTE: When intent is not an element, this behavior is an example of STANDARD 12 Competence).

Making untruthful or misleading statements or partial truths about any employee, supervisor, the chief of police or their operations.

Providing citizens with misleading or false information to avoid performance of duties or delivery of an expected service.

Requesting others to change or withdraw a report or notice, or causing the delay of any official communications.

Enforcement Guidelines

Progressive discipline up to and including termination. Termination may occur if the act results in public embarrassment and costly administrative action to correct. Termination may occur if, as a result of the action, the member loses work credibility and it is no longer reasonable to expect that the member can be effective or efficient in his or her current job assignment.

12 Displaying Competent Performance and Achieving Competent Performance Results*

Members shall willfully display competent performance and consistently achieve competent performance results on all assigned or assumed job responsibilities, duties, and tasks.

Business necessity for this standard

In a public safety organization where much of the work effort involves citizen's liberties and physical safety, incompetent performance cannot be tolerated. When incompetent performance is discovered, its source must be dealt with effectively and efficiently or the potential of damage or injury exists. When this potential occurs, the organization runs the risk of incurring severe criticism, the loss of public trust, and the creation of civil liability.

NOTICE: As the term is used here, competency is a characteristic of performance outcome, not a characteristic of an individual. Members are hired to achieve results; and if a member brings about an acceptable performance outcome, he or she has displayed the ability to apply his or her combination of knowledge, skill, and attitude within the context of the situation, to bring about a useful outcome for the organization. Knowledge, skill, and attitude are useless to the organization if the member is unable to apply them in a productive manner.

Examples of Non-violations

A member who asks questions and is not able to competently perform a duty or task because he or she has not had the training or experience available to the typical successful performer who does similar duties or tasks.

This standard is not intended to include those times when productive performance drops for a short period of time because of personal problems provided the employee recovers in a reasonable period of time (e.g., a few days or weeks) and does not repeatedly let personal problems affect job performance.

Examples of Violations

If given the autonomy of selecting own work breaks, consistently taking such breaks at times when it fails to promote the most effective and efficient flow of work going on at that time. (NOTE: This is considered substantial evidence that the member is not able to self-prioritize work breaks, and such members can expect to lose their autonomy in this area).

A regular member having to be repeatedly told how to do the routine tasks of the job.

A supervisor violates this standard when he or she fails to correct a subordinate's infraction when such infraction is first made known or when the supervisor could have been expected by management to be aware of the problem.

Accepting and/or reporting information relating to duties as true or factual without taking reasonable steps to verify the correctness and accuracy of the information.

Consistent failure to appear in full uniform.

Consistent failure to enter accurate report data on reports or into information storage files.

Consistent failure to pass regular qualifying exams or tests within the established time periods (e.g., firearms, subject control and defensive tactics, knowledge of standards of conduct, policies or procedures, certification examinations, etc.).

Consistent inability to comprehend or understand supervisory instructions, explanations, or directions for work performance through the normal communication channels or communications flow of the organization.

Failing to achieve consistently a minimum level of typical productivity on assigned tasks or management's chosen priority work tasks for the member or the members of the work unit.

Failing to conduct a performance evaluation according to procedure provided the failure is not due to actual or constructive intent (i.e., an act of insubordination).

Failure to demonstrate competent performance results on any assigned or assumed duty or task after receiving comparable training and experience as a typical member.

Habitually making the same types of mistakes and being defensive about accepting constructive criticism of performance.

Lacking purposeful intent, a member who consistently fails to respond to calls in a normal and timely manner displays incompetency in his or her ability to manage autonomous work time and work loads.

Losing composure and overreacting to another's verbal comments.

Not being equipped with or replacing proper tools, forms, or equipment to perform expected job duties and tasks when such items are available. (NOTE: this does not apply when an emergency response makes it impracticable).

Repeated failure to complete reports when necessary information is available, after receiving notice to correct.

Taking frustration out on others or failing to prevent such frustrations to lead to injury or damage to persons or property.

Enforcement Guidelines

Progressive discipline up to and including termination.

13 Abuse Of Sick Leave*

Members shall not abuse sick leave.

Business necessity for this standard

All absenteeism affects the effective, efficient, and safe operations of this Department. The nature of public safety/security work requires a cadre of workers capable and ready to handle any established or expected service demanded by the public. Public personnel have specialized and specific training that cannot be easily replaced or substituted by other persons, and replacement or substitutions are usually difficult for management.

Examples of Non-violations

Illness or injury to the employee which prevents the employee from performing assigned duties

Exposure by the employee to contagious disease communicable to other employees.

Serious illness, injury, childbirth by the employee or the employee’s spouse, or death in the employee’s immediate family.

Medical, dental, or optical examination or treatment which prevents the employee from performing assigned duties.

Examples of violations

Calling off on a day for which a paid leave request has been denied without substantial evidence that the call off was due to illness or injury to the member or their immediate family.

Calling off sick when substantial evidence exists that the employee is not ill or injured or is not taking care of an immediate family member who is seriously ill or injured.

Calling off after proclaiming in advance that the call off is due to some reason other than being ill or injured or taking care of an immediate family member who is seriously ill or injured.

Announcing to another member or to a member of the public that the intent of a call off is (or was) to use up sick leave prior to retirement or resignation is substantial evidence of a violation of this standard.

Enforcement Guidelines

Progressive disciplinary action up to and including termination.

14 Physical and Mental Readiness to Perform Primary Duties and Tasks*

Members shall report to work (and while working remain) mentally, physically, and emotionally ready to assume and competently perform all of their responsibilities, duties, and tasks.

Business necessity for this standard

Effective, efficient and safe public service depends on members being able to perform competently and effectively at a moment's notice. Public trust and quite often threats to member safety can occur in a public safety organization if management had to wait for nonperformance to occur before testing and monitoring for readiness. It is reasonable and logical to assume that members who are physically and mentally ready to perform will be better performers than those who are not as physically and mentally prepared.

Members who lack the physical and mental capabilities to assume the responsibilities and duties expected of their jobs create a public safety hazard for themselves as well as others who may depend on their performance to provide effective, efficient and safe productive service.

It will be job tasks that are performed on a regular basis that are used to determine in part the expected level of the member's fitness and mental and emotional readiness. For example, it is reasonable to expect a uniformed member (e.g., law enforcement officers, firefighters, emergency medical personnel) who encounter physical exertion on a regular basis to maintain a higher level of physical and mental readiness than perhaps and administrative member whose regular duties are more sedentary in nature.

Conversely, the non-uniformed member who deals daily with administrative decisions is expected to handle higher levels of administrative stress than perhaps the street officer or firefighter. It is reasonable to expect differences in their levels of performance because of the priority and repetitive nature of their daily tasks.

Examples of Non-violations

Failing to occasionally perform a peak performance, especially after a recent shift change is expected. However, the member never relinquishes the responsibility for adequate performance regardless of conditions.

Examples of Violations

Behaving in a manner that would lead a reasonable person to suspect that the member's mental ability, attitude, or demeanor were atypical (e.g., hostile or offensive behavior, profuse anger beyond normal agitation).

Failing to pass any test or examination (e.g., fitness, drug, psychological) that is directly associated with the nature of the member's job tasks is substantial evidence of a state of unreadiness to assume the duties and responsibilities of the member's position.

Failing to perform an assigned task, and an investigation into the matter reveals a lack of physical or mental readiness. This is substantial evidence of a violation of this standard.

Sleeping on duty. (NOTE: Acts of this nature usually violate other rules as well; e.g., STANDARD 04 Unavailable For Work; STANDARD 15 Giving A Full Day’s Work For A Full Day’s Pay)).

Enforcement Guidelines

Progressive discipline up to and including termination. Termination if public image is severely damaged or the costs of management to respond to public criticism are extensive.

15 Giving a Full Day's Work for a Full Day's Pay*

Members shall give a full day's work for a full day's pay.

Business necessity for this standard

The concept of expecting members to give a full day's work for a full day's pay is heavily imbedded in American labor management. Although public work is typically reactive in nature, a large portion of non-responsive work time can be spent performing self-initiated work. It is during self-initiated work periods that the preventative and deterrent nature of protective and safety services is achieved and provides the greatest opportunities to effectively and efficiently deliver services.

The concept of a full day's work for a full day's pay does not mean members are expected to have identical levels of work from one day to the next. However, work patterns do exist and an analysis of data on a monthly, quarterly, semiannual, or annual period provides a descriptive picture of the amount and type of work that can be reasonably expected from members who are truly giving a full effort.

Examples of Non-violations

Members given compensated time for the interruption of time off for such things as testifying in court, coming out to work early, etc., are not in violation of this standard.

Short term (not exceeding 30-45 days) situations where the member has undergone a traumatic personal event (e.g., death in the family, divorce, severe injury on the job, involvement in the taking of a life, etc.).

Examples of Violations

Acting or behaving in such a manner that it unnecessarily disrupts the member's own performance or the performances of other members of the work force.

An analysis of a member's work record shows an established pattern of work productivity or non-productivity that is consistently associated with specific periods of time.

Consistently taking a longer than normal time on a task or job assignment which results in others having to handle the extra work load is "milking" the job to avoid carrying a fair share of the work load.

Failing to commence productive work at the beginning of the shift or stopping work prior to the end of the shift.

Failing to immediately resume normal duties (e.g., continuing to hang around for an additional period of time) after completing a call, normal break or other assigned detail.

Member consistently fails to self-initiate designated priority work during time not committed to demand tasks (e.g., dispatched calls, supervisory requests for sudden need-to-do work).

Nonproductive work periods grouped around pay days; the last day of the work week; the first day back from normal weekly time off; days preceding, following or in between holidays, etc..

Parking or hiding in out-of-the-way locations from the eyes of the public when not on declared surveillance. (NOTE: Declared surveillance means the surveillance was prearranged with the member’s supervisor or the dispatcher has been notified).

Productivity patterns that are grouped around the first hours of work and the rest of the work period shows significant declines in work output.

Spending an atypical amount of non-directed work time on station.

The habitual nonproductive member who consistently performs substandard work or performs below expectations.

The member who works "hot" for a month or two and them works "cold" for a month or two.

Loitering at businesses or elsewhere while on duty.

Enforcement Guidelines

Progressive discipline up to and including termination. Termination may result if public image is severely damaged or the costs of management to respond to public criticism are extensive.

16 Insubordination*

Members shall willfully observe and obey the verbal and written rules, duties, policies, procedures, and practices of the Canfield Police Department. They shall also subordinate their personal preferences and work priorities to the verbal and written rules, duties, policies, procedures and practices of this Department, as well as to the orders and directives of supervisors and superior command personnel of this Department. Members shall willfully perform all duties and tasks assigned by supervisory and/or superior ranked personnel. Direct, tacit or constructive refusal to do so is insubordination.

Business necessity for this standard

Employment is a mutual exchange of interests and benefits between management and its members. In exchange for the privilege of employment and paid compensation, management has the right to expect members to willfully perform the duties and tasks of their positions or any other task lawfully assigned and achieve effective and efficient performance results. It is reasonable to expect members to obey operational directives and the orders of the Department's supervisors. When disagreements between management and members occur, management has the right to expect members to follow the accepted labor principle of "obey now and grieve later."

Insubordination and insubordinate behavior are recognized by labor practices to be among the most serious offenses. If insubordination is allowed to go unchecked, management loses control and authority over its work force. Acts of insubordination are particularly serious if committed by supervisors. Higher levels of performance are expected of supervisors in this area because they are management's representatives and are expected to set positive examples for others to follow.

Acts of insubordination may be committed directly, by way of verbal or written refusal, as well as constructively (e.g., expressing an attitude about a duty, task, or assignment and then not performing competently).

Examples of Non-violations

Leaving an assigned area in situations where duty requires it and a reasonable effort to contact the supervisor has failed.

Refusal to obey unlawful (criminal or unconstitutional) directives. Mere belief on the part of the member that a directive was criminal or unconstitutional will not protect a member's job if such unlawfulness fails to be established in a later hearing.

Refusing to perform tasks that create an unreasonable safety hazard for which a member has not been trained or adequately equipped to handle safely.

Examples of Violations

Being absent without leave (AWOL) for a scheduled reporting time or from an assigned duty.

Deliberate defiance of management's legitimate exercise of its rights.

Inciting others to react negatively to a management directive or running management's decisions down behind management's back, causing disruptions in the workforce or creating a substantial risk of disrupting the work of another or affecting other's morale.

Leaving an assignment or an assigned duty area without permission of the supervisor in charge.

Refusal to accept (directly or constructively) management's directives or decisions (e.g., sign for the mission, code of ethics, oath of office, standards, policies or procedures. etc.). NOTE: This standard does not require that the member agree with management's directives. However, it does require that members comply.

Refusing to comply (directly or constructively) with the rules, policies, procedures, practices or directives of management.

Refusing to follow the requirements for the use of light duty or sick leave (e.g., refusing to provide a satisfactory affidavit as to the reason for sick leave).

Refusing to perform assigned work duties or tasks.

Refusing to report to a place of duty at the designated time and location.

Refusing to sign a performance evaluation review.

Refusing to subordinate personal preferences to a supervisor's directives or work instructions.

Refusing to turn in a report as specifically directed to do so by a supervisor or by a member in a superior-ranked position.

Refusing to work overtime in an emergency situation.

Repeatedly being unable to be contacted for call-out when given standby notice.

Using the tactic of habitually asking for clarification of rules or directives that have the effect of slowing down work or frustrating supervisors or other member's of the work unit. (NOTE: If circumstances indicate other conditions, see STANDARD 12 Displaying Competency).

Enforcement Guidelines

Progressive discipline up to and including termination.

17 Knowing, Observing, and Obeying All Directives, Rules, Policies, Procedures, Practices and Traditions*

Members shall display an affirmative, consistent effort to observe and comply with the directives, rules, policies, procedures, practices and traditions established for the effective, efficient, and safe operations of this Department. This standard applies to policies, procedures, and practices that are written as well as those established by past patterns or practices. Affirmative effort as the term is used here means to self-initiate acceptable ways to comply with the standard and not to look for the exceptions to the standard.

Business necessity for this standard

Policies, procedures, and practices are management's tools to achieve overall efficiency and effectiveness in day-to day operations and decision making. They are designed to communicate management's intent and to help management focus its resources.

Examples of Non-violations

Deviations from policies, procedures, and practices (but not rules) may be permitted provided the member can provide (in writing) substantial proof that such deviations were necessary to the business necessity.

Members who by virtue of inexperience (e.g., probationary or totally new job assignment) could not be reasonable expected to know the directives associated with performance.

Examples of violations

Consistently failing to know information in operational manuals, files, and agency directives. Being the member who consistently gives the excuse, "I did not know or see it", when no such problem exists for other members.

Failing to review materials and information placed in review trays or mailboxes, or failing to sign off on read and sign directives once reviewed.

Establishing a pattern of deviation from directives that is significantly different from the compliance rates of other members.

Habitually challenging policies, procedures, or practices without providing objective and documented facts (in written form) to support justification for such deviation.

Enforcement Guidelines

Progressive discipline up to and including termination. Termination may result if the results of such deviations cause injury to another or severe damage to property.

18 Observance of Criminal and Civil Laws*

Members shall obey the constitutional, criminal and civil laws of the city, state, and federal government.

Business necessity for this standard

Service and protection of the public, impartial administration and carrying out of duties, observing and obeying the very laws sworn to uphold, and providing equal service to all are covenants public officials have with citizens and are bound to honor if they wish to remain in public office. Officials who violate those very laws and canons that they are sworn to uphold and observe destroy public faith and respect for this Department and weaken this Department's ability to perform its service mission.

Examples of Non-violations

A minor infraction of law (e.g., the failure to renew a license plate, motor vehicle inspection), would not normally be considered a violation of this standard, provided they do not thwart management's goals to promote a positive public image.

Legislated exemptions (e.g., the operation of emergency vehicles under emergency conditions, the right to use force to effect a lawful arrest or detention, emergency medical response or hazardous materials spill).

Examples of Violations

Purposefully or knowingly committing an unlawful search, seizure or detention of another person or person's property.

Committing non-exempted infractions of traffic codes (e.g., driving over the speed limit, failing to observe traffic control devices, parking in unauthorized locations, failing to wear seat belts, etc.).

Inflicting punishment or mistreatment (includes both physical as well as mental) upon a prisoner or person in custody or detention.

Inflicting punishment or mistreatment (includes both physical as well as mental) upon any member of the public.

Non-exempted violations of any local, state, or federal criminal or civil codes or ordinances.

Unprivileged publication of a false statement intending to harm the reputation of another member of this agency or any person in general (slander if done verbally and libel if put in written form).

Using any firearms that are unauthorized by policies or procedures, or using any authorized firearms in a manner that is not authorized by policy or procedures.

Using excessive force to hold, effect an apprehension, arrest or detain any person.

Using unauthorized or prohibited devices, procedures, tactics or techniques to effect a holding, apprehension, arrest or detention of another. Members will be acting out of color of office without agency protection from civil liability in such independent actions.

Enforcement Guidelines

Progressive discipline up to and including termination. Termination may occur if the act results in public embarrassment and/or costly administrative action to correct. Termination may occur if, as a result of the action, the member loses work credibility and it is no longer reasonable to expect that the member can be effective or efficient in his or her current job assignment.

19 Courteous and Respectful Behavior Toward Positions of Authority*

Members shall be subordinate and display courtesy and respect in words, deeds, gestures, and actions towards personnel holding higher levels of official authority.

Business necessity for this standard

The purpose of supervisory positions is to ensure reasonably that the mission, goals and directives of this Department are carried out in an efficient, effective, and safe manner as well as to provide accountability for the performance of the work unit.

Management requires subordinates to display respect and courtesy to higher positions because it provides a sense of order as well as serves as tangible indication that subordinates are willing to subordinate personal priorities, goals, and objectives to the needs and mission of this Department. In addition, the willingness and ability of a member to subordinate personal interests and to display respect and courtesy to a supervisor is a reasonable assessment of the member's capabilities to set aside personal feelings and priorities when dealing with citizens.

Examples of Non-violations

Going to a federal, state, or local civil rights commission to report a legitimate violation of civil rights without going through the chain of command.

Merely asking questions concerning a supervisor's directions is not a violation; however, consistently challenging management's directions does display disrespect for authority.

Not following the chain of command when the immediate supervisor is part of the problem (particularly in cases of harassment), provided the member follows established procedures to bring his or her problem to the attention of another management member.

Examples of Violations

After being instructed to do so, not addressing a superior-ranked member by his or her title, particularly while in public.

Failing to follow the designated chain of command to achieve work goals, objectives, mission, or otherwise resolve individual work-related differences. (NOTE: Does not apply when the person in the member's chain of command is part of the problem or is violating the employee's civil rights).

Failing to keep a superior in the direct line of supervision informed of pertinent information that affects or has the probability of affecting the effectiveness, efficiency or safety of any member, including self.

Using abusive language or gestures at, towards, or about a superior-ranked member. This is particularly serious if committed in the presence of other members or made known to other members, or members of the public.

Peering into or searching through a supervisor’s office, desk, locker, briefcase, records, computer files, etc., when there exists no business necessity for doing so.

Enforcement Guidelines

Progressive discipline up to and including termination. Termination may result if the employer-member relationship is seriously damaged.

20 Use or Unlawful Sale or Possession of Illegal or Unauthorized Drugs*

Members shall not unlawfully possess, sell, consume, use or assist in the use of any illegal or unauthorized drugs or medications on duty or off duty. Nor shall any member consume any unauthorized drug or medication in proximate time to his or her reporting time for duty, nor shall he or she report to duty with evidence of having consumed such drugs or medication.

Note: Unauthorized means any substance, drug or medication that is illegal to possess as well as any legal prescribed substance, drug or medication that is used without medical approval or without the knowledge of management. The burden is on the employee to provide management with a satisfactory affidavit from the treating physician as to whether or not the prescription will affect the employee’s ability to perform their job.

Business necessity for this standard

The illegal and improper use of drugs is a national problem. Public officials who are known to use illegal drugs or authorized drugs in an improper manner subject this Department to severe public criticism and damage the image of the total Department. By its very nature, public safety work depends on the member's ability to evaluate critical situations and make judgments that effect public confidence and often citizen's lives, liberties and safety. It is critical that judgments be as unimpaired as practicable and free from the adverse effects of any drugs.

Examples of Non-violations

Authorized medicine prescribed for use by a licensed physician that is used in the manner in which it is prescribed and provided that consumption of the medicine will not violate STANDARD 14 Physical And Mental Readiness To Perform Primary Duties And Tasks.

Possession or use of an illegal drug or narcotic while on an official narcotics investigation where serious physical harm or death are a perceived threat for the undercover/investigating officer or other citizens if the drug is not possessed or used. This usage must be followed by proper reporting of such usage to their immediate supervisor, control officer, or backup officer, and the officer must report for immediate medical attention at the earliest possible time.

Examples of violations

Involvement, either directly or indirectly, in the sale or distribution of any illegal drug, substance of abuse or related paraphernalia.

Not being able to account (through proper documentation) for any drugs or substance handled by the member.

Possession of any illegal drug or substances of abuse, or using any substance in an abusive manner.

Reporting to duty or remaining on duty while displaying erratic behavior or actions that would lead a reasonable and prudent supervisor to believe the member was under the influence of drugs or medication.

The continued taking of a prescribed drug once the medical reason for the drug is no longer valid.

Use or possession of any unapproved drugs while on duty.

Enforcement Guidelines

Progressive discipline up to and including termination. Termination may result if serious damage to property or public image, personal injury, or serious safety violations are the consequences of violations of this standard.

21 Use and Care of Property and equipment*

Members are accountable for the proper use and care of any property or equipment assigned to them, used by them, or under their direct or constructive care.

Constructive care means caring for equipment not being used, found, left unattended, or unsupervised. All members are accountable for assuming the care for such equipment and are required to take action affirmatively to return it to its place of proper storage.

Property means tangible and intangible ownership of goods, rights, or privileges of this Department (e.g., tools, weapons, copyrights, logos). Equipment is the tool by which this Department is able to accomplish its objectives and mission and represents a capital investment of public resources

Business necessity for this standard

Management has the specific right and inherent interest in assuring the public that its equipment will be cared for and used in an effective, efficient and safe manner. Part of this responsibility includes designating what equipment will be used, how it will be used, who shall and shall not use Department equipment or property, and how it shall be cared for while entrusted to a member.

Examples of Non-violations

Any equipment damaged or torn lose as a result of an altercation that was properly placed, secured, stored, or handled is not a violation of this standard.

Unique uses of equipment under abnormal or emergency conditions to facilitate the saving of a life or prevention of further injury or serious damage to another person or property.

Examples of Violations

Failing to avoid damaging or purposefully damaging equipment.

Failing to perform routine and regular maintenance on assigned equipment.

Failing to report damaged or dysfunctional equipment. (NOTE: If the failure to report results in injury or high-risk danger to another person, or self, STANDARD 06 Unsafe Acts is more appropriate).

Leaving a departmental vehicle running and unsecured.

Misuse of radios by transmitting slang or other non-official communications.

Private use of equipment without the review and approval of an appropriate management or supervisory person.

Purposefully disabling or further damaging equipment, or equipment used by another without authorized cause.

Testing or using equipment in an unauthorized manner that results in damage to the equipment.

Use of another's equipment without gaining the other member's prior approval.

Using special or restricted equipment without gaining proper supervisory authorization.

Unauthorized possession or duplication of keys.

Enforcement Guidelines

Progressive discipline action up to and including termination.