Platteville Police Department

Effective Date: November 13, 2012

Rules of Conduct DPD2012 Page 1 Effective Date: November 13, 2012

DODGEVILLE POLICE DEPARTMENT POLICY TITLE

Rules of Conduct ISSUE DATE: LAST UPDATE: SECTION: TEXT NAME November 10, 2012 August 21, 2009 Administrative Rules and Regulations

POLICY SOURCE TOTAL PAGES

David E. Kieffer, Chief of Police 9

AUTHOR: SPECIAL INSTRUCTIONS

Chief David E. Kieffer Replaces Rules of Conduct dated August 21, 2009

I. PURPOSE – The intent and purpose of this written policy to establish guidelines stipulating the department’s Code of Conduct, disciplinary system and disciplinary procedures. II. POLICY It is the policy of this department to recognize the overall professional conduct of its officers and each officer shall be issued a copy of this Code of Conduct. These rules, regulations, and codes of conduct are explicit and will be enforced as such. All employees shall become familiar and comply with these Codes of Conduct. Ranking officers shall determine if just cause exists to discipline sworn police officers. Just cause exists when there is a reason for the action taken and the reason is neither arbitrary nor capricious and is supported by a thorough and accurate investigation of the alleged misconduct. Therefore, discipline must be based upon the concept, which recognizes the officers rights under due process and the severity of discipline meets the severity of misconduct. III. DISCUSSION Misconduct on the part of a member of the Dodgeville Police Department is conduct detrimental to the maintenance of good order and the discipline required in order to conduct police operations in an efficient and professional manner. These rules are not intended to limit or supersede any provision of law relating to the duties and obligations of a police officer or the consequences of a violation thereof. Thus, the code should not to be interpreted as approval of conduct not specifically mentioned. Nothing in these codes or rules is intended to limit the authority of this department to adopt and enforce codes or rules that are more stringent or comprehensive than those contained in this document. Officers who are confronted with situations that are not specifically covered by these codes, and/or department written directives, must use discretion, and make their decisions based upon training, experience, and equally important; the mission and values of our agency. While the code specifies certain conduct to be unprofessional, it is not intended to set forth all examples of conduct, which would be deemed unprofessional.

IV. DEFINITIONS

A. Serious crimes and major disasters requiring notification are defined as follows:

1. Violent sudden deaths; 2. Violent major or life threatening injuries caused by accident, firearms, vehicles, fire, or other unnatural means; 3. Unexplained non-violent deaths; 4. Sexual Assaults; 5. Aggravated Assaults; 6. Armed Robbery; 7. Suspicious Fires & Arson; 8. Barricaded Suspects; 9. High Speed Pursuits;

Rules of Conduct DPD2012 Page 3 Effective Date: November 13, 2012 10. Accidents involving a Dodgeville Police Vehicle; 11. Serious injury to or death of a Dodgeville Police Employee, whether on or off duty; 12. Disasters that occur in Dodgeville, which involve a serious threat to persons or property, especially when mutual aid is invoked; 13. Any other major incidents that occur in Dodgeville; or When Dodgeville Police provide mutual aid for any of the above types of incidents.

B. Conduct unbecoming of a police employee is defined as:

1. Conduct which adversely effects the morale or efficiency of the Department; 2. Conduct which has a tendency to diminish the publics respect for police employees; 3. Conduct which has a tendency to diminish the public’s confidence in the operation of the police department or and the delivery of police services and the conduct in question and its attending circumstances be such as to offend publicly accepted standards of behavior; 4. Conduct that adversely affects the prompt and efficient delivery of police services.

V. PROCEDURES COMPLAINTS OF CONDUCT

A. CITIZEN COMPLAINTS TO THE POLICE AND FIRE COMMISSION - Citizens may file complaints about sworn officers directly to the Dodgeville Police and Fire Commission. These complaints shall be handled in accordance with Rules of Conduct established by the Police and Fire Commission.

B. CITIZEN COMPLAINTS TO THE CITY PERSONNEL AND ADMINISTRATION COMMITTEE - Citizens may file complaints about civilian police employees directly to the City of Dodgeville Personnel and Administration Committee. These complaints shall be handled in accordance with City Personnel Policies.

C. CITIZEN COMPLAINTS TO THE CHIEF OF POLICE - An important function of the Chief of Police is to ensure the ethical conduct of all employees. Therefore, any citizen may verbally complain about any police employee to the Chief of Police. The Chief of Police may conduct an internal investigation as a result of a verbal complaint or written complaint from a citizen.

D. DEPARTMENT MEMBER COMPLAINTS - Department members have the same rights as a citizen in filing complaints about other department members.

ADMINISTRATIVE LEAVE WITH PAY

A. The Chief of Police or any Command Officer may immediately place any

Rules of Conduct DPD2012 Page 4 Effective Date: November 13, 2012 employee on administrative leave with pay or temporarily change the employee's duties for the following reasons:

1. When an employee is found by a superior to be under the influence of alcohol while on duty, or in a mental or physical state which presents a danger to himself or others, or; 2. When it is alleged that the employee engaged in illegal activity, or; 3. When an employee's presence on duty could jeopardize the impartiality of a disciplinary investigation, or; 4. When the employee's presence on duty imposes an immediate threat to good order and discipline of the department, or; 5. When the employee's presence on duty imposes an immediate threat to the general welfare and safety of the public or the employee.

B. Emergency suspensions with pay, made by a Command Officer require immediate confirmation and approval by the Chief of Police.

C. Temporary suspension or change of duties under this section shall not be considered in any disciplinary or personnel action as being adverse to a member regardless of the outcome of the complaint process.

INTERNAL INVESTIGATION - The Chief of Police shall initiate an internal investigation into the conduct of members of the department whenever evidence of wrongdoing or violations of Department Policy, Procedures or Rules of Conduct come to the Chief's attention.

A. The Chief of Police may require members to submit written statements concerning their involvement as a police member in any action being investigated, except when a written complaint has been filed with the Police and Fire Commission. B. The Chief of Police may require members to submit to an appropriate examination; provided, however, that all such examinations shall be in accordance with established law, due process, and judicial declarations. C. All members are required to cooperate fully with members of the department charged with the responsibility of conducting department investigations. D. Officers may not refuse to provide information about an incident that occurred in the course of their duties. This information may not be used against them in criminal proceedings. E. Department members desiring to prefer formal charges against any civilian member shall initiate those charges with the Chair of the Personnel and Administration Committee. F. The Chief of Police may appoint an investigating officer who is senior to the officer complained against. The Chief of Police shall direct the investigation and shall make all significant decisions in regards to the investigation. The investigating officer shall report directly to the Chief of Police. Some of the duties of the investigating officer may include the following:

1. Advise the officer about the nature of the investigation; 2. Obtain statements; 3. Advise involved persons that they may have to testify later; 4. Request a written report of the facts from the officer or employee being investigated; 5. Conclude the investigation as rapidly as possible, generally within ten (10) days; 6. Present a written report of the facts to the Chief of Police;

G. The Chief of Police shall review the investigation file and determine the appropriate disposition of the matter. The review shall result in one of these four findings:

1. Unfounded: The evidence clearly established that the incident did not occur. 2. Not sustained: The evidence fails to establish whether or not the incident occurred. 3. Exonerated: The evidence reflects that the incident did occur, but the actions of the member were proper and reasonable. 4. Sustained: The evidence clearly reflects that the incident did occur and that the actions of the member constitute grounds for disciplinary action.

H. If it becomes apparent at any stage of the complaint process that criminal activity involving a member of the department may be involved, the district attorney or outside police agency may be charged with completing the criminal portion of the investigation.

DISCIPLINARY ACTION

A. POLICE DISCIPLINE DEFINED

1. Discipline directly influences the quality of police service and is essential in a police department to control and achieve satisfactory performance and objectives. It is the basis for public trust, accountability and respect. The lack of discipline may impair efficiency and the effectiveness of the agency. The rewards of effective discipline are prestige and public confidence in the agency and its leadership. 2. Police Discipline is the cohesive force, which binds the Department’s members as a unit and its strict enforcement is a benefit to the agency. Discipline establishes a state of mind, which produces desirable behavior, action and cooperation. 3. All employees of the police department, regardless of rank, age, sex, or assignment, may be subject to disciplinary action, according to the seriousness of the offense, for failure to perform the duties of their rank

Rules of Conduct DPD2012 Page 6 Effective Date: November 13, 2012 or assignment, either willfully or through negligence or incompetence; or for violation of any Policy, Procedure, Rules of Conduct or Code of Conduct, or for failure to obey any lawful instruction, order or command of a superior member; or upon conviction in a court having criminal or civil jurisdiction. Disciplinary action in all cases will be decided on the facts of each case. The final authority for disciplinary action rests with the Chief of Police, the Police and Fire Commission as set forth in Wisconsin State Statute 62.13 or the City Chair of Personnel and Administration for non-sworn employees as defined in the City Personnel Policies.

TYPES OF DISCIPLINE

Under State Statute 62.13, the Chief of Police has the authority to administer discipline to sworn police employees. Under the provisions outlined in the City of Dodgeville Personnel Policy, the Chief of Police has the authority to administer discipline to all non-sworn employees. The following types of discipline may be imposed on subordinates.

1. Verbal Reprimand or Counseling - A command officer, supervisor or member acting in such capacity may exercise the prerogative of immediate correction or admonishment of a subordinate whenever the nature or circumstances of an incident may not warrant a written reprimand or formal disciplinary action. If the application of immediate correction or admonishment is not effective, a written reprimand can be administered. 2. Written Reprimand - the Chief of Police or Command Officer may impose a written reprimand for a violation of policy, procedure or rule of conduct. 3. Suspension from Duty without Pay - The Chief of Police or Command Officer may suspend a sworn officer from duty without pay. This type of discipline requires an internal investigation. Suspension from duty without pay is a period of time during which a member is not allowed to work for disciplinary reasons. The member receives no wage during this time. 4. Summary punishment may - be imposed by the Chief of Police or Command Officer in lieu of suspension from duty without pay for any violation of Dodgeville Police Department policies, procedures, rules, regulations or its generally recognized standards and practices, where the employee’s superiors consider the conduct to be of a nature, or to have occurred in circumstances, that do not warrant a more severe discipline.

A. Summary Punishment/Suspension Options and Limitations In accordance with the provisions of this policy, all sworn officers

Rules of Conduct DPD2012 Page 7 Effective Date: November 13, 2012 who do not appeal a summary suspension to the Police and Fire Commission will be permitted to use accumulated time off, except sick leave, to satisfy the period of any summary suspension of two days or less in lieu of days off without pay. Sworn officers may also use accumulated time off, except sick time, to satisfy the period of any suspension of three or more days, in lieu of days off without pay, provided the suspension is not appealed to the Police and Fire Commission, under the provisions of Wisconsin State Statutes, Chapter 62.13 and 164.

In accordance with the provisions of this policy, all non-sworn police employees who do not appeal a summary suspension, in accordance with provisions in the City Personnel Policies, will be permitted to use accumulated time off, except sick leave, to satisfy the period of any summary suspension of two days or less in lieu of days off without pay. Non-sworn employees may also use accumulated time off, except sick time, to satisfy the period of any suspension of three or more days, in lieu of days off without pay provided if the suspension is not appealed under the provisions outlined in the City Personnel Policies.

The summary options and limitations guidelines apply to the discipline authority of the Chief of Police.

5. Demotion in Rank and Dismissal - Demotion in rank and dismissal for sworn personnel can only be imposed by the Police and Fire Commission. The City Chair of Personnel and Administration can only impose demotion in rank and dismissal for non-sworn personnel.

FORMAL CHARGES

The filing of formal charges against a sworn employee shall follow all of the requirements set forth in the Wisconsin Statutes, and especially in Chapters 62.13 and 164 of the City of Dodgeville Police and Fire Commission Bylaws and Rules of Procedure. The filing of a formal complaint against a civilian employee shall follow the guidelines outlined in the City Personnel Policies.

IV. Rules of Conduct

A. Police employees shall conduct themselves at all times, both on and off duty, in such a manner so as not to bring discredit upon the Police Department.

Rules of Conduct DPD2012 Page 8 Effective Date: November 13, 2012 B. Police employees shall notify the Chief of Police of a serious crime or major disaster in which Dodgeville Police employees are officially involved. If the Chief of Police cannot be reached immediately, the Officer in Charge (OIC) shall notify a Police Commander. This alternate notification does not relieve the OIC from the responsibility of notifying the Chief of Police as soon as possible. C. Employees shall advise Command Officers whenever equipment or police property is damaged or missing to assure prompt replacement or repair. D. Members of the department, who, intentionally, through misconduct or inattention, damage or lose department property, whether or not that property was specifically assigned to their care and custody, may be held responsible for its repair or replacement. E. Members of the department shall not use or keep department property, or property held for safekeeping or seized as evidence for personal business or pleasure. F. Police employees shall inventory and process all property seized, recovered or received by the police department in accordance with established department policy. G. Police employees shall not be convicted of a federal criminal law, state criminal law or municipal ordinance, which adversely affects the morale or efficiency of the department. H. Police employees shall obey any lawful order or command, written or oral. This includes orders relayed from a superior police employee by another police employee. (Note: A police employee receiving a conflicting order is expected to inform the person issuing the order of the conflict. If the order is not retracted or changed, the order shall stand. Under these circumstances the responsibility for the conflict shall rest with the superior police employee. In the case of an illegal order, the police employee shall not obey any order, which he/she knows or should know to be illegal. If in doubt the police employee shall request the issuing police employee to clarify the order or to confer with higher authority.) I. Police employees shall not publicly criticize or ridicule the Department, its policies or other Police employees by speech, writing or other expression, where such communication is defamatory, obscene, unlawful, undermines the effectiveness of the Department, interferes with the maintenance of discipline or is made with reckless disregard for truth. J. Police employees shall not aid persons to escape arrest or avoid prosecution. K. Police employees shall not permit a prisoner to escape by carelessness or negligence. L. Police employees will not intentionally make or sign any false, misleading or inaccurate statement. M. Police employees shall not wrongfully alter, conceal, falsify, destroy, remove, tamper with, or erase any entry in any official record or document. N. Police employees shall execute the lawful orders of courts and make proper service of legal notices. O. Police employees shall maintain sufficient competency to perform their duties and assume the responsibilities of their position. P. Police employees 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. Q. Police employees shall report for duty at the time and place required by assignment

Rules of Conduct DPD2012 Page 9 Effective Date: November 13, 2012 and shall be physically and mentally fit to perform their duties. All employees shall be properly equipped and cognizant of information required for the proper performance of duty so that they may immediately assume their duties. R. Judicial subpoenas or departmental messages about court appearances shall constitute an order to report for duty under this Section. Police employees shall not be absent from duty without approved leave. S. Police employees shall not report for duty with alcoholic beverages on their breath. (Note: A police employee is violating this section when the employee has a blood alcohol concentration of more than 0.00% by weight of alcohol in the employee's blood or more than 0.0 grams of alcohol in 210 liters of that employee's breath.) T. Police employees shall not report for duty while under the influence of a controlled substance, without a prescription and prior written approval by the Chief, Lieutenant or Sergeant. U. Police employees shall not consume or possess intoxicating liquor, fermented malt beverages, or controlled substances while on duty, except in the line of duty and then only with permission of a command officer. V. Off-duty police employees shall not consume in public view any beverage containing alcohol or enter a place where any beverages containing alcohol are sold or kept while in uniform or any identifiable part thereof that is visible to the public. W. While on duty, Police employees shall not engage in recreational activities except as may be required in the performance of their duties. X. Police employees shall not falsely report themselves ill or injured, or otherwise deceive or attempt to deceive, any employee of the Department as to the condition of their health or availability for duty. Y. Police employees shall not provide confidential information to any person outside the department without prior approval. Z. Police employees shall use necessary or reasonable force. All force shall be used in accordance with legal and professional standards, and in accordance with department policy. AA. On-duty Police Officers shall immediately present their badge and identification card to any person on request, except when authorized by a command officer as being dangerous to their safety or to an investigation. BB. Off-duty Police Officers identifying themselves as a police officer shall immediately present their badge and identification card to any person on request. CC. Police employees shall wear the official uniform and equipment in the prescribed manner while on duty. DD. Police employees shall not solicit or accept a bribe, gratuity, or reward (Note: Unsolicited gifts to the entire department such as food or non-alcoholic beverages for consumption while on duty and at the police department is acceptable.). EE.Police employees shall be courteous to the public. Police employees shall attempt to be tactful in the performance of their duties, shall attempt to control their tempers, shall exercise the utmost patience and discretion, and shall attempt to avoid argumentative discussions. In the performance of their duties, Police employees shall not use coarse, violent, profane or insolent language or gestures and shall not express any prejudice concerning race, religion, sex, politics, national origin, lifestyle or similar personal characteristics.

Rules of Conduct DPD2012 Page 10 Effective Date: November 13, 2012 FF.Police employees shall obtain all pertinent information in an official and courteous manner when any person asks for assistance, advice or makes a complaint to the police employee. The complaint shall be properly and judiciously acted upon consistent with established procedures and services. GG. Police employees shall provide services and conduct police investigations to the extent and limitation of their authority. HH. Police employees shall not interfere with cases being investigated by other police employees of the Department or by any other governmental agency unless ordered to intervene by a superior police employee. II. On-duty police employees shall not recommend or suggest in any manner the use of a particular product or professional or commercial service. JJ. Police employees shall not solicit special privileges or use their position for personal gain or private advantage. KK. No member shall allow unauthorized persons to linger, enter, or loiter around the police headquarters, police vehicles, crime scenes, or other places except to further efficient and effective police operations. LL. Police employees shall truthfully answer any question related to the performance or execution of duties of the member and operations of the department, which may be asked, of them by the Chief of Police, the Chief's designee or a superior police employee. MM. Police employees are required to have a phone. Immediate notice of any telephone number change by a Police Employee must be forwarded to a Supervisor, Command Officer or the Chief of Police. NN. Members of the department are prohibited from giving an unauthorized person the home address or telephone number of any other member of the department. OO. Members of the department must provide the Chief of Police with the name, address and phone number of a person to notify in the case of injury or illness. PP.Any employee wishing to leave the police department in good standing shall submit a letter of resignation to the Chief of Police at least ten (10) working days before his/her last day of work. QQ. Frivolous, spurious, or groundless complaints against other employees shall not be permitted. RR. Sworn Officers are prohibited from involvement in enforcement decisions, follow-up investigations, assisting in prosecutions or any other law enforcement function that involve an immediate family member or a significant other friend in a relationship. SS.Employees shall keep Official Dodgeville Police Department business confidential. Employees shall not impart official business to anyone except those for whom it is intended, or as directed by the Chief of Police or Lieutenant, or as allowed by public records law and its policy or as ordered by law. TT.Leaving the place of duty during a work shift without authorization is prohibited . UU. Soliciting or accepting any unauthorized compensation, reward or gift from outside sources for any matter related to the employee's activities as an employee of the City is prohibited. VV. Sexual harassment by an employee, supervisor or elected official is unlawful and will not be tolerated.

Rules of Conduct DPD2012 Page 11 Effective Date: November 13, 2012 WW. Harassment on the basis of any other protected characteristic is also strictly prohibited. XX. Gifts or Gratuities: No public official or public employee shall receive or offer to receive, either directly or indirectly, any gift, gratuity or anything of value which he or she is not authorized, in advance by both the Chief of Police and the Mayor in writing prior to the actual receipt of anything, from any person. YY.The Chief of Police is not authorized to grant permission to receive a gift for any reason, if such person: a. Has or is seeking to obtain contractual or other business or financial relationships with such public officials or public employee’s employer or any subdivision thereof; b. Or; Conducts operations or activities which are regulated by such public officials or public employee’s employer.

DUTY TO REPORT

All members of the Police Department have a duty to report to their superiors any violations of Department Policies, Procedures and Rules of Conduct. (Note: Whenever a police employee personally observes or has information that would lead a reasonable person to believe that a violation might have been committed, the employee has an obligation to report that information to the Chief of Police. The Chief of Police shall make a decision as to the proper course of action. This does not require police employees to report a potential violation when the information arises from what appears to be idle gossip.

Members of the Police Department who fail to report violations of the Department Policies, Procedures, Rules and Codes of Conduct shall be subject to disciplinary action.

______David E. Kieffer Date Chief of Police Distribution Chart City Police & Fire Council Commission 5 Sworn Officers 8 City Clerk Secretary 1 Dispatch Mayor 1 Command Officers 1 Part Time 1 City Attorney 1 Iowa County Sheriff City Library Unions (Teamsters) 1

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