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R-01-10i VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS RESOLUTION NO. R-01-10 A RESOLUTION APPROVING THE RULES AND REGULATIONS OF THE DEERFIELD POLICE DEPARTMENT WHEREAS, the Chief of Police of the Deerfield Police Department is authorized to prescribe such rules and regulations governing the members of the Police Department as he shall deem advisable, provided that such rules and regulations are approved by the President and Board of Trustees of the Village of Deerfield; and, WHEREAS, the Chief of Police has. determined that.the Deerfield Police Department Rules . . and Regulations attached hereto as Exhibit A should be adopted as rules and regulations governing the members of the Deerfield Police Department, and has requested that the President and Board of Trustees of the Village of Deerfield approve such rules and regulations pursuant to Section 2 -109 of the Municipal Code of the Village of Deerfield, as amended; NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That the Deerfield Police Department Rules and Regulations, a copy of which is attached hereto and made a part hereof as Exhibit A, be and the same are hereby approved by the President and Board of Trustees of the Village of Deerfield pursuant to Section 2 -109 of the Municipal Code of the Village of Deerfield as amended. SECTION 2: That this Resolution, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Resolution should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Resolution should be inconsistent with any non - preemptive state law, this Resolution shall supersede state law in that regard within its jurisdiction. SECTION 3: That this Resolution shall be in full force and effect from and after its passage, and approval as provided by law. PASSED this 19th day of November , 2001. AYES: Raqona, Rosenthal, Seiden, Swanson, Wylie (5) NAYS: None (0 ) ABSENT: Kayne (1) ,, -2- Subject: DEERFIELD POLICE DEPARTMENT Number GENERAL ORDER bdex Code 26.1 Effective Date 11/15/01 RULES AND REGULATIONS/ POLICE COMMISSION RULES 1 Review Date 11/15/04 ADMINISTRATION I 1 of 27 DEERFIELD POLICE DEPARTMENT RULES AND REGULATIONS INTRODUCTION This manual is adopted Pursuant to the Statutes of the State of Illinois and the Ordinances of the Village of Deerfield, for the government, discipline, administration and operation of the Police Department and its members. The success of a Police force in the performance of its duties is measured largely by the degree of support and cooperation it receives from the people of the Community it serves. Acknowledging this, the law enforcement officer must conduct his or her official life in a manner that will inspire confidence and trust. Thus, he will be neither overbearing nor subservient, as no individual citizen has an obligation to stand in awe of him, nor a right to command him. The Officer who reflects ability, honesty, and morality in his/her private life cannot but reflect the same qualities as a Police Officer. These Rules and Regulations must not be construed as final and exhaustive. Periodic written directives will provide supplementary guides to meet changing conditions. In this . respect the Administration of the Department encourages the suggestions and involvement of the members. Above all, the manual must be considered as a means to an end, not as an end in itself. It is essential that all members of the Department proceed in the same direction toward the goals and objectives dedicated to the safety and protection of the Community. Be mindful that protections of life and property, and the absence of crime and disorder, are common goals we must all strive to attain. Our mutual interest in attaining these goals will reflect a better service to the people we serve. TABLE OF CONTENTS I. Regulations for the Governance of the Police Department A.. Standard of Conduct II. Regulations Establishing the Mission and. Values of the Department. 111. Regulations Establishing the Goals of Department Members IV. Regulations Establishing the Responsibilities of Department Members A. Chief of Police B. Deputy Ctuef of Police C. Supervisory Officers D. Sergeant Authority and Responsibilities E. Sworn Officers • Principal' Duties and Responsibilities • Employee Characteristics • Scheduling • Environmental Factors • Equipment F. Civilian Members V. Rules of Conduct A. Purpose B. Rules Listed VI. Departmental Discipline A. Types of Discipline B. Those Subject to Disciplinary Action C. Complaints Requiring Investigation VII. Internal Affairs Investigation A. Investigation Responsibilities B. Policies Regarding Interrogation VIII. Board of Fire and Police Commission Rules Regarding Suspension and Removals or Discharges. Organization Duties and Files Motions and Actions Business. Annual Report Entry Level Examinations and Appointments Promotions Within the Department 'Rules of Procedure in the Conduct of Hearings upon Charges Before the Board Furloughs /Retirements /Other Leaves ARTICLE I REGULATIONS FOR THE GOVERNANCE OF THE POLICE DEPARTMENT A. Standards of Conduct Police officers are frequently required to make decisions affecting human life and liberty in difficult situations where there is Iittle, or no, opportunity to seek advice, and little time for reflection. Law enforcement therefore, requires an Officer to have stamina, intelligence, moral courage and emotional stability necessary to fairly and impartially deal with human beings in the many complicated and potentially explosive situations, which they encounter. In order to insure that the highest level of professional conduct is achieved; it is incumbent that the Department attempts to attract, recruit, hire, train, and promote the most qualified individuals available. The Community demands that the integrity of. its law enforcement Officers be above reproach. The dishonesty of a single Officer will impair public confidence and may cast suspicion upon the entire agency. Succumbing to even minor temptation can be the genesis that will ultimately destroy an Officer's effectiveness, and may contribute to the corruption of countless others. Every member must scrupulously avoid any conduct which might compromise his /hers integrity, or the integrity of his /her fellow Officers. 2 The Police Officer is the most conspicuous representative of the government, and to the majority of the people he is a symbol of the stability and authority upon whom they can rely. The Police Officer's conduct is closely scrutinized, and when his /her actions are found to be excessive, unwarranted, or unjustified, he/she and the Police agency are criticized far more severely than persons in other walks of life for comparable conduct. Since the conduct of the agency member, on or off duty, does reflect upon this agency, a member must at all times conduct himself/herself in a manner which does not bring discredit upon himself/herself, the agency, or the Village. ARTICLE H REGULATIONS ESTABLISHING THE MISSION & VALUES OF THE DEPARTMENT The mission for .every member of the Deerfield Police Department is to consistently seek and find ways to affirmatively promote, preserve and deliver a feeling of security, safety, and quality services to all members of our community. To implement the foregoing regulations of the Deerfield Police Department, the following values are established: A. Protection of life, liberty and property in the Village of, Deerfield; B. Prevention of crime; C. Preservation of the public peace; D. Enforcement of all laws and ordinances; E. Arrest of law violators, and the assembling of competent evidence of the alleged violation; F. Promotion of respect for the law and those sworn to enforce it. F. Promotion of cooperation between the Police Department and the community. ARTICLE III REGULATIONS ESTABLISHING THE GOALS OF THE DEPARTMENT MEMBERS The goals of the Department members who embody and implement the policy of the Department are: A. Maintenance of the highest standards of integrity and ethics: B. Excellence in the performance of duty. C. Maintenance of private fives, which inspire respect and admiration and provide an example for the entire community. ARTICLE IV REGULATIONS ESTABLISHING THE RESPONSIBILITIES OF DEPARTMENT MEMBERS The purpose of this article is to identify the responsibilities of the various members of the department. Sworn members include: Chief, Supervisory Officers, and Sworn Officers. Civilian Members of the department are non -sworn employees. A. Chief of Police 1. Authority - The Chief of Police is the executive officer of the Department and the final Department authority in all matters of policy, operations and discipline. He .exercises all lawful powers of his office and issues such lawful orders as are necessary to assure the effective performance of the Department. 2. Responsibilities - Through the Chief of Police the Department is responsible for the enforcement of all laws and ordinances coming within its legal jurisdiction. The Chief of Police is responsible for planning, directing, coordinating, controlling and staffing all activities in the Department, for its continued and efficient and safe operations, for enforcement of the rules and regulations within.the Department, for the completion and forwarding of such reports as may be required by competent authority, and for the Department's relations with the citizens of the Village, the Village government and any other individual or agency as required to further Department objectives. B. C. Deputy Chief of Police — Operations / Administration 1. The Deputy Chief of Police shall oversee all sections of the Police Department, and is directly responsible to the Chief of Police. He will be involved in the safety of the members of the department. He shall assist the Chief through the effective direction and utilization of department personnel and resources. He shall, under the direction of the Chief of Police, be responsible for the carrying out of all Department policies, procedures and rules and regulations. In the Chief's absence, the. Deputy Chief shall serve as Acting Chief. 2. The Deputy Chief of Police shall participate in the planning, direction and control of all the Department's activities. He shall oversee the. assignment of Department personnel. This shall include the assignment of Special Details and coordination of special events and specialized assignments or programs. 3. The Deputy Chief of Police shall supervise Department training programs, including in- service, roll calls, recruit and formal training. He shall be responsible for implementing training programs, upon approval of the Chief of Police. ' 4. The Deputy Chief shall supervise and coordinate the efforts of the Shift Commanders through meetings and review of Operations reports. He shall be responsible for the procurement, supply and maintenance of equipment, excluding capital items. He shall make periodic inspection of every phase of the Department's operations to insure that the Agency's policies, procedures and rules and regulations are being followed. 5. The Deputy Chief of Police shall be responsible for insuring appropriate discipline within the Police Department. He shall be responsible for conducting internal affairs investigations according to Department policies, procedures and rules and regulations. 6. The Deputy Chief of Police shall be responsible for press and court liaison, and to insure compliance with Department policy procedures and rules and regulations in these areas. He will regularly confer with the Chief of Police on all matters significant to the functioning of the Police Department. The Deputy Chief of Police will perform such other duties as may be assigned by the Chief of Police. Supervisory Officers (Commander) 1. Supervisory Officers are those members of this agency who have been given authority over one or more members. In addition to the general and individual responsibilities of all members, each Supervisory Officer has the following additional responsibilities: a. Supervision - A Supervisory Officer may be assigned to field or office duties. During his tour of duty, he must closely supervise the activities of those members assigned to his control. He will make any necessary corrections, and make appropriate commendations. He will be ultimately responsible for all activities that take place under his/her span of authority and control. This includes, but is not limited to: b. Planning, organization, lead and direct the operation of police activities during .their tour of duty; c. Conducts shift briefing utilizing available time for instruction, issuance of special instructions, and directing assignments; d. Inspects personnel and equipment; requiring proper appearance, performance, and conduct; e. Informs ranking superiors of significant occurrences; f. Responds to the scene of any major crime, emergency or disaster to assure proper police response and protection of a scene; rd g. Makes proper notifications and takes command at the scene until relieved by a ranking officer; h. Assist the Deputy Chief in the training and guidance needs of subordinates; i. Deploy available personnel as effectively as possible and ensure that subordinates respond immediately to all assignments, handle each assignment properly, and return to service status without delay to engage in preventive patrol; j. Evaluates performance of subordinates and prepares evaluation reports, checks activity logs, and other reports prepared by subordinates; 2. Leadership - Effective supervision demands leadership. Provision of leadership shall include on - the -job training, as needed, for the efficient operation and coordination of effort when more than one member is involved. 3. Direction - Supervisors must exercise direct command in a manner that assures the good order, conduct, discipline and efficiency of subordinates. 4. Enforcement of Rules and Regulations, Policies and Procedures - Supervisors must enforce departmental rules and regulations and insure compliance with departmental policies and procedures. Failure to do so will be considered dereliction of duty, requiring disciplinary action. 5. Inspection - Supervisors are responsible for the inspection of activities, personnel and equipment under their supervision, and initiation of suitable action in the event of a failure, error, misconduct, or neglect of.duty by a subordinate. 6. Assisting Subordinates - A Supervisory Officer shall have a working knowledge of the duties and responsibilities of his subordinates. They shall observe contacts made with the public by his subordinates, and be available for assistance or instruction, as may be required. A Field Supervisor will take active charge of an incident when necessary. 7. Evaluation of Subordinates - A Supervisory Officer shall be responsible for the evaluation of his subordinates. The objectives of these evaluations include, but are not limited to, the following: a. Development of the subordinate; b. Providing the Police Chief and Deputy Chief with a basis upon which to make decisions as to merit increases, decreases, and/or assignment; c. Provide the Supervisor with some indication as to where to direct his on- the-job training.. 8. Scheduling and Assignment of Responsibility of Subordinates - The Supervisor is responsible for the shift scheduling and the assignment of responsibilities to every subordinate assigned to his control. 9. Cooperation with other units of this department, other village departments and other police agencies and the safety programs of the Village and Department. D. Sergeant- Authority and Responsibilities The Sergeant, during his /her tour of duty, exercises the same authority and has the same responsibilities as a supervisory officer.. In addition to the general and individual responsibilities of all members and employees, the Sergeant is specifically responsible for the following: 1. Good Order - The good order of his/her command during his /her tour of duty to include proper discipline; conduct welfare, field training and efficiency. 2. Roll Call - Conduct of prescribed roll calls, communication of all orders or other information at roll call and inspection and correction of his/her command as necessary. 3. Reporting - Reporting of shift activities and incidents via Daily Bulletin entries and reports as directed by ranking supervisors. 4. Promotion of all Village and Department safety programs. 5. Prompt notification of a Commander or Deputy Chief of any significant occurrence or problems occurring during the shift. E. Sworn Officers Sworn Officers will devote. themselves fully to the attainment of the Department policies and goals, and will conduct themselves at all times in. such a manner as will reflect credit upon the Department, with emphasis upon personal integrity and professional devotion to law enforcement. They will: 1. Render the highest order of Police service to all citizens, whether or not during specifically assigned hours; 2. Obey all laws and promptly execute all lawful orders; 3. Know and conform to Department policies, procedures, rules and regulations, orders and directives, and safety programs & procedures; 4. Receive, record and service immediately, all complaints and requests for service, in accordance with Department policies; 5. Provide security and care for all persons and property coming into their custody; 6. Maintain a professional bearing and render professional courtesy at all times; 7. Understand that they are the most obvious symbol of the Village government, being always aware that their actions, or failure to act, reflect not only upon themselves and this agency, but also on the Village. GENERAL SUMMARY The work of this class involves responsibility for the protection of life and property, prevention of crime, apprehension of criminals and the general enforcement of laws and ordinances. Duties normally consist of routine patrol, preliminary investigation and traffic regulation. This position also involves responding to and rendermg emergency medical assistance. Sworn Officers also may be assigned to duties as investigators, youth officers, evidence technicians, field training officers, specialized training officers, accident investigators, breath - alcohol operators, firearms instructors, undercover enforcement officers, hostage negotiators, or emergency response officers. Work involves an element of personal danger. Sworn officers must be able to exercise sound independent judgment under stress. Assignments may include work on tasks which call upon specialized abilities and knowledge possessed by the employee. Work assignments are general, and specific instructions are received from supervisory officers who will review work methods and results through reports, personal inspection and discussion. PRINCIPAL DUTIES AND RESPONSIBILITIES Crime Prevention • Patrols assigned area • Observes for criminal activity, safety hazards, traffic violations, persons needing assistance, etc. • Becomes and remains familiar with patrol beats, geographic locations, known offenders, neighborhood routines, potential problem areas • Conducts security inspections and surveys buildings and other locations, making recommendations regarding 2ecurity • Makes presentations to groups and individuals on subjects related to safety, laws, and law enforcement R Criminal Investigation and Apprehension • Handles complaints reported by citizens • Observes for, detects, and investigates violations of laws and ordinances 'and documents and investigates reported violations • Conducts interviews and interrogations of victims, witnesses, suspects, offenders, and other persons • Conducts preliminary and follow -up investigations • Identifies, collects, processes, packages, logs, and submits physical evidence • Search persons, vehicles, places, and other items • Collects information and either acts upon if it is within the scope of authority or routes it to the proper authority • Identifies and arrests offenders, including subduing resistive or combative arrestees • Books, guards, checks, provides cares for and escort prisoners • Prepares and serves criminal complaints, arrest warrants, search warrants and other court documents • Prepare cases for trail • Appears and testifies in court,.at coroner's inquests, at deposition sessions, and similar proceedings Traffic • Engages in traffic and parking law enforcement including Driving Under the Influence detection and apprehension • Controls, regulates and directs traffic, vehicle and pedestrian • Investigates traffic accidents including protecting the scene, aiding the injured, controlling traffic, clearing the scene, determining a cause, issuing citations, and preparing reports and diagrams • Assists disabled motorists • Observant for roadway hazards Juveniles • Deals with all ages of children in a variety of situations such as delinquents, minors requiring authoritative intervention, neglect, abuse, runaways, lost, found, victims of crimes, public relations, and instructional functions as well as complainant and informants Miscellaneous Order Maintenance • Deals with domestic disputes and other interpersonal and business conflicts • Observes for, recognizes and corrects or reports public hazards and inconveniences such as gas leaks, traffic signal malfunctions, street lights out, traffic obstructions, and other safety hazards, taking immediate corrective action when necessary • Responds to requests for ambulance/fire services and assists as needed • Administers first aid, including CPR, to sick and injured persons • Investigates incidents involving dead persons resulting from criminal, accidental, suicidal, and natural causes including the determination of the circumstances and handling /removal of the body, dealing with the family, relatives, friends, witnesses, etc, and the determination of identity • Investigates reports of lost or found property • Investigates reports of missing or found persons • Investigates animal complaints including the apprehension and transport of stray or vicious animals VA • Delivers Village mail, opens and closes municipal facilities as needed • Directs and/or supervises others (civilian and public employees) at the scene of crimes, accidents, disasters, assemblies. Parades, etc. • Generally assist persons in distress Organizational Support May perform desk duties including telecommunications, assisting persons at the front desk, processing reports • Conduct background investigations • Attend training EMPLOYEE CHARACTERISTICS The position of all sworn officers requires the employee: to obtain certification as a Peace Officer as authorized by the Governor of the State of Illinois and the-Illinois Law Enforcement Training Board. In addition, sworn officers must have and maintain: Physical Ability to: • Effect arrests • Subdue resisting and/or combative individuals • Chase fleeing suspects • Run to persons requiring emergency assistance • Lift and carry equipment and injured/deceased persons • Force entry into buildings • . Climb flights of stairs /ladders • Walk, stand or sit for long periods of time (including driving) • Endure exposure to extreme weather and disease • Perform life- saving procedures (CPR, First Aid, AED) • Communicate effectively, verbally and non - verbally • Operate required equipment • Perform required job assignments • Provide assistance to citizens and co- workers in distress, J • Make observations • Hear two -way radio traffic, conversation with citizens /co- works, and suspicious noises • Read and write • Safe and proper use of firearms • Drive and operate equipment safely Ability to: • Observe analytically and objectively, analyze situations quickly, determine and take prompt,, effective action • Understand, interpret, and apply applicable Federal and State Statutes, local ordinances, court decisions, and Police Department and Village rules and policies • Support and Obey the Constitution of the United States, and State of Illinois. • Understand and respond quickly and accurately to written and oral directions, instructions, inquiries, and requests 0 • Initiate appropriate interpersonal and.intra- and inter- agency communications • Act quickly, calmly, and decisively in emergencies and under stress • HandIe situations firmly, courteously, tactfully, and impartially • Express oneself clearly and concisely, orally and in writing • Record information clearly and completely • Facilitate effective conflict arbitration/resolution • Maintain confidentiality in the performance of duties • Assimilate; retain, and effectively use geographic knowledge concerning the .Village and the surrounding vicinity • Work independently and effectively within agency parameters • Establish, maintain, and promote community trust and confidence by demonstrating attitude and values reflect integrity resistant to corruptive influences and consistent with community expectations • Develop and maintain required skills and License/ permits /certifications associated with areas of special instruction • Train new officers and other employees in areas of special skills or expertise • Prepare clear, accurate and complete reports, logs and documents on any and all activities engaged in • Accept constructive criticism in a mature fashion. • Effectively communicate and interact positively with fellow employees and citizens. • Tolerate stress • Be publicly visible and open to public interaction/ • Deal effectively with all facets or results of all forms of human behavior to include the morbid, abnormal, psychotic, neurotic, and the other unpleasant or unusual • Deal effectively, without prejudice to all persons without regard to race, ethnicity, disabilities, religion, sex, sexual orientation, etc. SCHEDULING The position involves regular and irregular shift work and shift rotation necessary to provide police services 24 hours /day, 7 days /week, 52 weeks /year (weekend and holidays included). Work shifts are normally 8 to 12 hours in duration, but may be extended in the event of emergency, disaster, manpower shortages, workload, or work -in- progress. ENVIRONMENTAL FACTORS The position involves exposure to and requires the employee to function in the presence of: • Weather conditions: All and extreme weather conditions • Lighting conditions: All and extreme lighting conditions, daylight and night, with and without artificial light, indoors and outdoors • Fire, smoke, chemical leaks /spills: In close proximity as necessary to provide emergency services • Personal danger: including but not limited to: =Armed and/or dangerous persons. - Dangerous animals - Persons and/or articles with contagious /communicable diseases - Hazdcds associated with emergency driving, traffic control, and working in and around traffic - Hazards associated with natural and-man -made disasters - Extreme weather conditions such as storms, wind, heat, cold E EQUIPMENT The position required the ability to properly operate the following equipment: • Motor vehicles: reasonably and safely under routine and emergency condition, sometimes for long periods of time • Firearms: with demonstrated proficiency in the care and use of assigned /authorized weapons • Basic office equipment: including but not limited to typewriters, telephones, and computer equipment • Writing implements and basic drawing templates: including the ability to write legible documents and produce simple diagrams • Basic tools and equipment necessary to perform job tasks and functions: included but not limited to speed detection radar, two -way radios, first aid equipment, fire extinguishers, handcuffs, flashlights, batons; police uniform, gas masks, helmets, common tools, cameras, fingerprinting equipment, laptop computers, cellular phones, strobe lights, etc. F. Civilian Members - Civilian Members will perform their assigned duties promptly and efficiently. They will: 1. Obey all laws and execute all lawful orders 2. Be bound by the policies, procedures, rules and regulations, orders and directives of this Department, and safety programs and procedures 3. Maintain a courteous and respectful attitude toward all persons ARTICLE V RULES OF CONDUCT A. Purpose - The purpose of these rules is to provide a basis for the orderly and disciplined performance of duty, to develop organizational relationships, and to continuously build mutual respect and confidence. Violation of any of these rules shall be sufficient cause for counseling, reprimand, suspension and /or dismissal of any member the Police Department. Members shall hold their positions during good behavior and efficient service. The terms "Police Department and Department" apply to the Deerfield Police Department. The. term "members of the Police Department" applies to all employees of the Police Department, .both sworn and non -sworn. The term "officer" applies only to sworn police officers of the Deerfield Police Department. The term "civilian members" applies only to non -sworn personnel employed by the Deerfield Police Department. B. Rules - The following rules will be strictly adhered to: Rule 101 Violation of Rules: Members of the Police Department shall not commit any acts or omit any acts, which constitute a violation of any of the rules, regulations., directives or orders of the Department, whether stated in this rule or elsewhere. Rule 102 Unbecoming Conduct: Members of the Police Department shall conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on the Department. Unbecoming conduct shall include that which brings the Department into disrepute or reflects discredit upon the individual as a member of the Police Department, or that which impairs the operation or efficiency of the Department or the individual. 10 Rule 103 Immoral Conduct: Officers shall maintain a level of moral conduct in their personal and business affairs. Officers shall not participate in any incident involving moral turpitude, which impairs their ability to perform as law enforcement officers or causes the Department to be brought into disrepute. Rule 104 Conformance to Laws: Members of the Police Department shall obey all laws of the United States and of any state or local jurisdictions in which the members are present. A conviction of the violation of any law shall be prima facie evidence of a violation of this section. Rule 105 Reporting for Duty: Members of the Police Department shall report for duty at the time and place required by assignment or orders and shall be properly equipped so that they may immediately assume their duties. Judicial subpoenas and Department approved off -duty details shall constitute an order to report for duty under this section. Rule 106 Neglect of Duty: Members of the Police Department shall not commit any acts expressly forbidden or omit any acts that are specifically required by the laws of this state, the ordinances of this Village, these Rules of Conduct, or any other orders, policies, procedures or directives of the Police Department. Members shall not engage in any activity or personal business, which could cause them to neglect. or be inattentive to duty. Rule 107 Fictitious Illness or Iniury Reports: Members of the Police Department shall not feign illness or injury, falsely report themselves ill or injured, or otherwise deceive or attempt to deceive any official of the Department as to the condition of their health. Rule 108 Sleeping on Duty: Members of the Police Department shall remain awake while on duty. If unable to do so they shall so report to their superior officers, who shall determine the proper course of action. Rule 109 Leaving Duty Post: Members of the Police Department shall not leave their assigned duty post during a tour of duty except when authorized by proper authority. Rule 110 Meals: Members of the Police Department shall be permitted to suspend patrol or other assigned activity, subject to immediate call at all times, for the purpose of having meals during their tour of duty, but only for such period of time and at such time and place as established by Department procedures. Rule 111 Unsatisfactory Performance — Sworn Officers: Officers shall maintain sufficient competency to properly perform their duties and assume the responsibility of their positions. Officers shall perform their duties in a manner which will maintain the highest standards of efficiency, in carrying out the functions and objectives of the Department. Unsatisfactory performance may be demonstrated by a lack of knowledge of the application of laws required to be enforced; an unwillingness or inability to perform assigned tasks; the failure to conform to work standards established for the officer's rank, grade, or position; the failure to take appropriate action on the occasion of a crime, disorder, or other condition deserving police attention; or absence without leave. In addition to other indicators of unsatisfactory performance, the following, will be considered prima facie evidence of unsatisfactory performance: repeated poor evaluations or a written record of repeated infractions of rules, regulations; directives or orders of the Department. 11 Rule 112 Unsatisfactory Performance — Civilian Members: Civilian members of the Police Department shall maintain sufficient competency to properly perform their duties and assume the responsibility of their positions. Civilian members shall perform their duties in a manner, which will maintain the highest standards of efficiency in carrying out the functions and objectives of the Department. Unsatisfactory performance may be demonstrated by a lack of knowledge of Department policy and procedures; an unwillingness or inability to perform assigned tasks; the failure to conform to work standards established for the civilian member's or position; the ailure to take appropriate action within the responsibilities of the civilian member's assignment; or absence without leave. In addition to other indicators of unsatisfactory performance, the following will be considered prima facie evidence of unsatisfactory performance: repeated poor evaluations or a written record of repeated i n of rules, regulations, directives or orders of the Department. Rule 113 Alcoholic Beverages and Drugs in Police Facility: Members of the Police Department shall not store or bring into the police facility or vehicle alcoholic beverages, controlled substances, narcotics, or hallucinogens, except alcoholic beverages, controlled substances, narcotics, or hallucinogens that are to be submitted.. into evidence for safekeeping, or for disposal. Rule 114 Possession and Use of Drugs: Members of the Department shall not use any controlled substances, narcotics, or hallucinogens that could affect or impair their ability to function in their job, except when prescribed in the treatment of members by a physician or dentist. Members of the Department shall not possess any controlled substance, narcotics, or hallucinogens except when prescribed in the treatment of members by a physician, dentist, or in the performance of official police duties. When any controlled substance, narcotics, or hallucinogens are prescribed, members shall notify their superior officer. Rule 115 Use of Alcohol On Duty: Members of the Police Department shall not consume intoxicating beverages while in uniform or on duty except in the performance of duty and while acting under proper and specific orders from a superior officer. Members of the Police Department shall not appear for duty or be on duty while under the influence of intoxicants to any degree whatsoever, or with an odor of intoxicants on their breath. Rule 116 Use of Alcohol Off Duty: Members of the Police Department while off duty shall refrain from consuming intoxicating beverages to the extent that it results in impairment, intoxication, or obnoxious or offensive behavior which discredits them or the Department, or renders the members unfit to report for their next regular tour of duty. Rule 117 Use of Tobacco: Officers when in uniform may use tobacco as long as they are not in a formation, they do not have to leave their assignment or post for the sole purpose of doing so, and they are not engaged in traffic direction or control Officers are prohibited from using tobacco when they are in direct contact with the public., Rule 118 Insubordination: Members of the Police Department shall promptly obey any lawful orders of a superior officer. This will include orders relayed from a superior officer by any member of the police department. Rule 119 Conflictifik or Illegal Orders: Members of the Police Department who are given an otherwise proper order, which is in conflict with a previous order, rule, regulation, or direction shall respectfully inform the superior officer issuing the order of the conflict. If t►ie superior officer issuing the order does not alter or retract the conflicting order, the last given order shall stand. Under these circumstances, the responsibility for the conflict shall be upon the - superior officer. Members shall obey the conflicting order and shall not be held responsible for disobedience of the order, rule, regulation, or directive previously issued. Members of the Police Department shall not obey any order which they know or should reasonably know would require them to 12 commit any illegal act. If in doubt as. to the legality of the order, officers shall request the issuing officer to clarify the order or to confer with higher authority in accordance with General Order # 102. Rule 120 Gifts, Gratuities, Bribes or Rewards: Members of the Police Department shall not solicit or accept from any person, business, or organization any gift (including money, tangible or intangible personal property, food, beverage, loan, promise, service or entertainment) which may, in the public mind, be interpreted as capable of influencing their judgment in the discharge of their duties. Rule.121 Abuse of Position: Members of the Police Department shall not use their official position, identification or stars for personal or financial gain or privilege or to avoid the consequences of illegal acts. They shall not permit the use of their names, photographs or official titles in connection with testimonials or advertisements of any product or commercial enterprise without the approval of the Chief of Police; nor shall they lend to another person their identification cards or stars, or permit them to be photographed or reproduced without authorization from the Chief of Police. Rule 122 Endorsements and Referrals: Members of the Police Department shall not recommem transaction of personal business, the employment or prod service, or commercial service (such as an attorney, an mortician, etc.). In the case of ambulance or towing service, needing the service is unable or unwilling to procure it or accordance with established Department procedures. I or suggest in any manner; except in the irement of a particular product, professional ibulance service, towing service, bondsman, when such service is necessary and the person request assistance, members shall proceed in Rule 123 Identification: Officers should carry their badges and identification cards on their persons at all times, except when impractical or dangerous to their safety or to an investigation. They shall furnish their name and star number to any person requesting that information when they are on duty or while holding themselves out as having an official capacity, except when the withholding of such information is necessary for the performance of police duties or is authorized by proper authority. Rule 124 Identification — Civilian Members: Civilian members of the Police Department shall furnish their name and unit assignment to any person requesting that information when they are on duty or while holding themselves out as having an official capacity, except when the withholding of such information is necessary for the performance of police duties or is authorized by proper authority. Rule 125 Citizen Complaints: Members of the Department shall courteously and promptly record, in writing, any formal complaint made by a citizen against any member of the Department and refer it to a command officer for handling. Members taking the complaint may attempt to resolve the complaint but shall never attempt to dissuade any citizen from lodging a complaint against any member of the Department. Members shall follow established Department procedures for processing complaints. Rule 126 Personal Appearance: Members of the Police Department on duty shall wear uniforms .or other clothing in accordance with General Order # 208, except when acting under proper and specific orders from a superior officer. Members on duty shall maintain a neat, well - groomed appearance in accordance with General Order # 208. 13 Rule 127 Political Activity: A. Officers shall be permitted to: I. Register and vote in any election. 2. Express opinions as individuals privately and publicly on political issues and candidates. 3. Attend and address political conventions, rallies, fundraisers, and similar political functions. 4. Assume active roles, as candidates, officers, management, organization, or financial activities of partisan, or nonpartisan, political parties. 5. Initiate, circulate and sign political petitions as individuals. 6. Solicit votes in support of, or in opposition to any partisan candidate. 7. Make financial contributions to political organizations. 8. Serve as a delegate to a political party convention. 9. Endorse or oppose a candidate for public office. B. Officers are prohibited from: 1. Engaging in any permitted political activity while on duty as a Police Officer. 2. Using their official capacity to influence, or interfere with or affect the results of an election, or to coerce or persuade any person to follow any course of political action. 3. Serving as an elected official of the Village of Deerfield. 4. Otherwise engaging in prohibited political activity on the federal, state, county, or municipal level. Rule 128 Telephones and Addresses: Members of the Police Department shall have a telephone in their residence and shall immediately report any changes in telephone numbers or addresses to their superior officers and to such other persons as may be appropriate. Rule 129 Intervention: A. Officers shall not interfere with cases being handled by other officers of the Department or by any other governmental agency unless: 1. Ordered to intervene by a superior officer, or 2. The intervening officer believes beyond a reasonable doubt that a manifest injustice would result from failure to take immediate action. B. Officers shall not undertake any investigation or other official action not part of their regular duties without obtaining permission from their superior officer, unless the urgency of the situation requires immediate police action. Rule 130 Departmental Reports: Members of the Police Department shall submit all necessary reports on time and in accordance with established Department procedures. Reports submitted by members shall be truthful and complete and no member shall knowingly enter or cause to be entered any inaccurate, false, or improper. information, or alter, remove, or destroy any report once filed for the purpose of obstructing justice, misleading superior officers, or altering the. natural order of information. Rule 131 Processing Property and Evidence: Property or evidence, which has been discovered, gathered, or received in connection with departmental responsibilities, will 'be processed in accordance with established Department procedures. Members of the Police Department shall not convert to their own use, manufacture, conceal, falsify, destroy, remove, tamper with, or withhold any property or evidence in connection with an investigation or other police action, except in accordance with established Department procedure. 14 Rule 132 Abuse of Process: Officers shall not intentionally make false accusations in a criminal or traffic charge. Rule 133 Use of Department Equipment: Members of the Police Department shall utilize Department equipment only for its intended purpose in accordance with established departmental procedures and shall not abuse, willfully damage, or lose Department equipment. All Department equipment issued to members shall be maintained in a proper order.. Rule 134 Operating Vehicles: Members of the Police Department shall operate official vehicles in a careful and prudent manner and shall obey all laws and all Department orders pertaining to such operation. Loss or suspension of any driving license shall be reported to a superior officer immediately. Rule 135 Carrying Firearms: Officers shall carry fwmrms in accordance with the law and established Department procedures. Rule 136 Truthfulness: Upon the order of the Chief of Police, the Chiefs designate, or a superior officer, members of the Police Department shall fully and truthfully answer all questions specifically directed and narrowly relating to the performance of official duties or fitness for office which may be asked of them. Rule 137 Medical Examinations, Photographs, and Line -Ups: Upon the order of the Chief of Police members of the Police Department shall submit to any medical, ballistics, chemical or other tests, photographs, or. line -ups. All procedures carried out under this section shall be specifically directed and narrowly related to a particular internal investigation being conducted by the Department. Rule 138 Treatment of Persons in Custody: Members of the Police Department shall not mistreat persons who are in their custody. Members shall 'handle such persons in accordance with the law and Department procedures. Rule 139 Use of Force: Officers shall not use more force in any situation than is reasonably necessary under the circumstances. Officers shall use force in accordance with the law and Department General Order # 110. Rule 140 Use of Weapons: Officers shall not use or handle weapons in a careless or imprudent manner. Officers shall use weapons in accordance with the law and Department procedures. Rule 141 Arrest, Search and Seizure: Officers shall not make any arrest, search, or seizure, which they know or should reasonably know, is not in accordance with the law and Department procedures. Rule 142 Ethics: Members of the Police Department shall not conspire or knowingly engage in any activity which deprives any person of their civil rights, due process, equal opportunity for employment, advancement, job opportunities, or any constitutionally or statutory guaranteed right. 15 Rule 143 Courtesy: Members of the Department shall be courteous to the public. Members shall be tactful in the performance of their duties; shall control their tempers and exercise the utmost patience and discretion; and shall not engage in argumentative discussions, even in the face of extreme provocation. In the performance of their duties, members shall not use coarse, violent, profane, offensive, or insolent language or gestures and shall not express any prejudice concerning race, sex, age, religion, politics, national origin, life style, or similar characteristics. Rule 144 Requests for Assistance When any person requests assistance or advice or makes complaints or reports, either by telephone or in person, all pertinent information will be obtained in an official and courteous manner and will be properly and judiciously acted upon consistent with established Department procedures. Rule 145 Associations: Members of the Deerfield Police Department shall avoid regular or continuous associations or dealings with persons and or organizations whom they know or should reasonably know are persons under criminal investigation or indictment or who have a reputation in the community, or the Department, for present involvement in felonious or criminal behavior, except as necessary to the performance of official duties or where unavoidable because of other personal relationships of the members. Rule 146 Visiting Prohibited Establishments: Members of the Police Department shall not knowingly visit or frequent a house of prostitution, gambling house or establishment wherein the laws of the United States, the State, or local jurisdiction are regularly violated, except in the performance of duty or while acting under proper and specific orders from a superior officer. Rule 147 Gambling: Members of the Police Department shall not engage or participate in any form of illegal gambling at any time except in the performance of duty and while acting under proper and specific orders from a superior officer. Rule 148 Public Statement and Appearance: Members of the Police Department shall not publicly criticize or ridicule the Department, its policies, or other members by speech, writing, or other expression where such speech, writing or other expression is defamatory, obscene, unlawful, undermines the effectiveness of the Department, interferes with the maintenance of discipline, or is made with reckless disregard for truth or falsity. Members of the Police Department shall not address public gatherings, appear on radio or television, prepare any articles for publication, act as correspondents to a newspaper or a periodical, release or divulge investigative information or any matters of the Department while holding themselves out as representing the Department in such matters without approval of the Chief of Police. Members may lecture on police or other related subjects only with prior approval of the Chief of Police. Rule 149 Confidentiality: No member of the Police Department shall disseminate confidential police related information to any unauthorized person for any purpose. 16 ARTICLE VI DEPARTMENTAL DISCIPLINES A. Types of Discipline 1. Oral reprimand 2. Written reprimand 3. Suspension 4. Dismissal B. Those Subject to Disciplinary Action.. 1. Any member (sworn or civilian) who violates his/her oath of office, or who violates the public trust and confidence, through misconduct or conduct unbecoming a member of this Department, or who is incompetent to perform his duties; and any member who violates any statute, ordinance, or the rules and regulations of this Department, is subject to appropriate disciplinary action. C. Complaints Requiring Investigation 1. Those reported to any supervisor, or Police executive, by citizens or members of this Department. Investigations will comply with General Order on "Internal Affairs" 2. Those referred to the Department by the office of the Village Administrator. 3. Those observed by supervisory officers, or executive officers. 4. As directed by the Chief of Police. ARTICLE V11. INTERNAL AFFAIRS INVESTIGATIONS A. The Chief of Police may direct Internal Affairs investigations in appropriate situations, subject to the Department's Internal Affairs procedures as set out in the General Order. B. Policies regarding interrogation or examination of members with respect to charges. 1. Whenever any member is to be interrogated or examined with respect to any alleged improper acts which could result in dismissal or discharge, he/she will be advised in writing as follows: a. The specific charge; b. The specific act(s); c. Any admissions made during the course of any interrogation or examination may be used against him in seeldng his/her dismissal; d. His/her right to have counsel of his own choosing at any such interrogation or examination; e. His /her entitlement to a complete transcript of any such interrogation or examination, furnished without charge and without delay. 17