HomeMy WebLinkAboutPolice Commisioners From the 2-17-05 Council Meeting Packet
REFERRED TO THE COMMITTEE ON 1 I\/ r♦ C�
PUBLIC SAFETY
LAN SING POLICQ DF= PARTMCNT
! Tit-1, BOARD OF POLICE COMMISSIONERS -CHARTER
�fF i� Date:FEBRUARY 1,2001 R-scrod:NEW No: 200-3
ADMINISTRATIVE PROCEDURE
I. PURPOSE
The purpose of this procedure is to outline the Charter of the City of Lansing as it relates the Board
of Police Commissioners and the Lansing Police Department, The Board is established pursuant to
Article.5,Chapter 1 and 3, of the City Charter. ;
II. APPOINTMENT OF BOARD MEMBERS
A. Members of the Board shall be appointed by the Mayor and with the advice and consent of
the City Council (5-103.2).
B. Each member shall serve for a term of four years(5-103.3). a
C. The Board shall be composed of eight(8)members:
1. Four(4)members shall be from the City-at-large. rrl
j 2. One member shall be appointed from each of the four(4)wards of the CO(5 P03.8).
D. The term of office expires each year for both a member at large and a member from a ward
(5-103.8 &'5-103.9).
III. ORGANIZATION OF THE BOARD
A. The Board shall organize itself for the conduct of its business and select its own officers,
including a secretary who shall take minutes of the Board meetings (5-105.1).
B. The Board shall adopt its own rules of procedure consistent with the City Charter(5-105.2).
See Administrative Procedure 2004., Board of Police Commissioners-Meetings, for
additional information.
C, The.rules shall state the schedule of the regular Board meetings. The schedule shall not
conflict with regular meetings of the City Council(5-105.3).
D. The rules shall require that the public notice of all meetings shall be given in the manner
provided by statute for meeting of public bodies(5-105.4).
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E. The rules shall require that the public have a reasonable opportunity to be heard at all regular
meetings of the Board (5-105.5).
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F. All Board meetings shall be required to be open to the public to the same extent as meetings
of the City Council(5-105.6).
G. The rules shall define the extent to which nonattendance at meetings may be grounds for
removal from office(5-105.7).
IV. ADVISORY BOARD FUNCTIONS
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A. The Board shall at its regular.meetings review the progress and planning of the Chief of
Police to insure that all activities are in accordance with Citypolicy. The Board may propose
changes in agency operations for the purpose ofmaking its progiam more effective(5-106.1).
B. Proposed policies and programs or changes in existingpoliciesorprograms requiring Council
action shall be submitted by the Chief ofPolice to the Board prior to submission to the Mayor
and Council for action.The Board's written recommendations concerning the proposals shall
be submitted to the Mayor along with the Chiefs proposal. When the Mayor submits the .
proposal to the Council for action,the Board's recommendations shall also be transmitted to
the council along with that of the Mayor(5-106.2).
C. The Department's budget material, including .capital improvement proposals, shall be
submitted to the Board before submission to the Mayor and, the Boards written '
recommendations shall be submitted to the Mayor along with the Department's
recommendations. The Mayor shall transmit the Board's recommendations to the Council
along with budget material for that agency(5-106.3).
D. The Board shall,prior to December 1,prepare a written report evaluating the effectiveness
and analyzing the status and priorities for services and activities of the Department. Copies
thereof shall be filed with the Mayor,the Council,and the City Clerk(5-106.4).
E. The Board may develop its own proposals for new or altered policies and programs and
transmit these to the Mayor and City Council (5-106.5).
V. DUTIES
A. The Board shall establish administrative rules for the organization and overall administration
of the Department including promotional and training procedures in consultation with the
Chief of Police and the Mayor. These administrative rules shall not be effectuated in
accordance with Section 5-105.8 of the Charter,but shall become effective upon filing with
the City Clerk(5-301,2).
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B. The Board shall approve rules and regulations for the conduct of the members of the
Department, in consultation with the Chief of Police and the Mayor (5-301.3). . See
Administrative Procedure 100-3,Rules of Conduct, for additional information.
C. The Board shall establish a procedure for receiving and resolving any complaint concerning
the operation of the Department(5-301.4). See Administrative Procedure 200-7,Complaint
Procedure, for additional information.
D. The Board shall review and approve the Departmental.Budget before its submission to the
Mayor(5-301.5).
E. The Board shall act as the final authority of the City in imposing or reviewing discipline of the
Department employees consistent with the terns of the state law and applicable collective
bargaining contracts (5-301.6). See Administrative Procedure 200-6, Board of Police
Commissioners-Complaint Review Committee,for additional information.
F. The Board shall render an annual report to the Mayor and City Council,which shall include
a description and evaluation of the Department's activities duringthe previous year,including.
the handling of crime and complaints,if any,and proposals for future plans(5-3013).
G. Whenever necessary to carry out its assigned duties,the Board shall have the same power to
subpoena witnesses, administer oaths and require the production of evidence as the City
Council(5-302).
Adopted by the Board of Police Commissioners on November 21,2000.
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�. . III'.
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f LAN SING POLICC D. QPARTMt=
Tale: ANNUAL REPORT
(=ff edive Date: FEBRUARY 1,2001 Rerciok:99-A4 No:200.72
ADMINISTRATIVE PROCEDURE
I. PURPOSE
The purpose of this procedure is to establish guidelines for creating the system by which statistics will
be compiled for preparation of the Department Annual Report. City Charter requires this report be
submitted annually to the Mayor and City Council by the Board'of Police Commissioners.
II. ELEMENTS OF THE ANNUAL REPORT
The Annual Report required bythe City ofLansing Charter,section 5-301.7 shall contain"an analysis
of the status and needs of the works,services and properties under its control." This may include any
new systems implemented,additional equipment.acquired,new policies and procedures adopted,or
any revision in current operations.
III. COLLECTION OF DATA
All Division/Precinct Commanders shall prepare a Monthly Report to be submitted to the Chief of
Police. The monthly report shall provide the necessary statistics and information(as required by the
Chief)to present the accomplishments of the division during the month. This information will be
utilized in'the preparation of the Annual Report. +
IV. FORMAT OF REPORT
A. The Department Crime Analysis Personnel will assist in providing the statistical information
needed byeach Division/Precinct Commander to prepare their section of the Annual Report. .
B. Division/Precinct Commanders will forward their final reports to the Administrative Secretary
of the Chief of Police who will compile the final draft of the Annual Report and submit it to
the Chief of Police for final approval.
V. DISTRIBUTION OF REPORT '
A. Each year the Annual Report will be submitted to the Board of Police Commissioners for
approval on or before the May Board meeting.
B. Upon approval by the Board,the Annual Report will be completed and distributed no later
than June 1 st of each year.
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C. Copies of the Annual Report will be provided to the Mayor,City Council members,.the Board
of Police Commissioners, the Administrative Staff Members of the Lansing Police
Department, and other interested parties.
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Adopted by the Board of Police Commissioners on November 21,.2000.
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LANSING POLICC Dt= PARTMf= NT
Tides ADMINISTRATIVE SUPERVISION OF COMMISSION INVESTIGATOR
f jf Kt;"Date: FEBRUARY 1,2001 . Remand;:"-A6 No:200-1
ADMINISTRATIVQ PROCI= DURE
I. PURPOSE
The purpose of this procedure is to establish guidelines for the administrative supervision of the
Commission Investigator and to delegate certain supervisory responsibilities to the Director ofHuman
Relations and Community Services.
II. DUTIES OF THE COMMISSION INVESTIGATOR
A. The duties of the Commission Investigator,relating to the investigation of citizen complaints,
are outlined in Section IV., of Administrative Procedure 200-7, Complaint Procedure.
B. The Board ofPolice Commissioners shall supervise the investigative duties of the Commission
Investigator and monitor the progress of investigations conducted by the Commission
Investigator pursuant to Chapter 270.01 of the City Ordinance.
C. The Board of Police Commissioners may delegate the administrative supervision of the
Commission Investigator at its sole discretion.
III. ADMINISTRATIVE SUPERVISION OF COMMISSION INVESTIGATOR
A. The Office of the Commission Investigator shall be located in the Department of Human
Relations and Community Services pursuant to Chapter 270.0l'of the City Ordinance.
B. The Human Relations and Community Services Director may supervise the daily activities of
the Commission Investigator,'excluding those duties specifically authorized or reserved by
the Board of Police Commissioners. Administrative supervision by the Director may include
timekeeping,the prioritization of tasks,the review of new systems or.processes,or any other
administrative task assigned to the Commission Investigator.
C. The Director may assign administrative tasks to the Commission Investigator to the extent
that such assignments do not interfere with investigative duties and responsibilities.
D. The Chairperson of the Board of Police Commissioners and the Director of Human Relations
and Community Services shall periodically confer regarding the administrative supervision of
the Commission Investigator. Should the Board of Police Commissioners determine that any
administrative task interferes with the ability of the.Commission Investigator to complete
investigation of citizen complaints,the Board may limit the number and type of administrative
assignments.'
1 Adopted by the Board of Police Commissioners on November 21, 2000.
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LANSING POLICE DC- PARTME- NT
T;t1e• BOARD OF POLICE COMMISSIONERS -MEETINGS
Qlfective Date: FEBRUARY 1,2001 Rescinds:"-A5 No:2004
A_DM INISTRATIVQ PROCEDURE .
I. PURPOSE
The purpose of this administrative procedure is to establish the manner in which Board of Police
Commissioners meetings are scheduled and the order in which they are to be conducted.
H. SCHEDULING
A. The Board shall schedule their regular monthly meetings on the third Tuesday of each month
at 5:30 pm.
B. Public notice of any special meeting shall be posted at least eighteen(I8).hours before the
meeting.
C. Such notices shall be prepared and posted by the Board Secretary.
D. In the case of a special meeting, which may be called by the Board Chairperson, Vice-
Chairperson,or Acting Chairpersoni each Board member shall be notified in advance of the
time and place of such meeting.
E. All meetings of the Board shall. be governed by the Open Meetings Act of 1976, PA 267,
MCLA 15.261;MSA4.1800. Public notice ofineetings shall be given in accordance with this
Act.
III, ELECTION AND TERMS OF OFFICE
A. The Board shall,at its regular meeting in June,elect a Chairperson and Vice-Chairperson to
serve for one year terms. In the event that the June meeting is not conducted,the Board shall
elect a Chairperson and Vice-Chairperson at the next meeting conducted by the Board. In.
such a situation, the incumbent officers shall retain the positions and discharge applicable
responsibilities until the next election.
B. Any member of the Board is eligible for election or re-election,however,no member may
be elected to the position of Chairperson for more than three(3)consecutive terms.
C. The Chairperson shall preside at all Board meetings. In the event the Chairperson is absent,
the Vice-Chairperson shall preside. If both officers are absent,the members present shall
elect an Acting Chairperson to preside at that meeting only.
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D. Ifthe Chairperson position becomes vacant prior to the end ofthe term,the Vice-Chairperson
shall become Chairperson for the remainder of the term. The Board may elect a new Vice-
Chairperson to.complete such a term.
IV. CHAIRPERSON'S RESPONSIBILITIES
A. The Chairperson shall appoint such standing committees as are necessary to perform the
administrative duties of the Board.
B. In addition to presiding at all Board meetings as described.in Section III.,C.,the Chairperson
shall perform all the duties of Board Chairperson as may be necessary or as described in this
procedure.
C. Unless otherwise provided by this procedure, "Robert's Rules of Order" shall govern the
conduct of Board meetings.
V. TERMS,QUORUM,AND ATTENDANCE
.A. Elected officers of the Board shall serve for one year terms,or until they are replaced in an ,
election described in Section III., of this procedure. Committee appointments are for one
year terms,or until replaced by a newly elected or re-elected Chairperson.
B. A quorum at all meetings shall consist of five(5)members of the Board. i
C. Attendance: The Lansing City Charter provides that,"The rules shall define the extent'to
which non-attendance at meetings may be grounds for,removal from office" (City Charter
Section 5-105.7).
1. The Board secretary shall record the attendance of members at every regularly
scheduled or special Board meeting,and maintain attendance records for the Board. '
2. A.violationofeitherofthe following attendance requirements may constitutegrougds
for removal from office:
a. Absence from three consecutive regularly scheduled meeting.
b. Absence from four or more regularly scheduled meetings in any calender year.
3. In the event that a meeting is canceled in advance, by the Chairperson, or Vice-
Chairperson, due to an expected lack of a quorum, those Board members who
indicate their availability to the Board Secretary shall not be considered.absent. In
order to be considered not absent under this subsection, the board member shall
notify, or cause to be notified,.the Board's Secretary of their availability for the
meeting by 2:00 pm. on the meeting date..
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D. In the event that the attendance policy(outlined in Section V., C.,2.) is violated,the Board
Chairperson shall cause a written notice of the violation to be submitted to the Mayor. In the
event that the Chairperson is in violation, the Vice-Chairperson shall cause the'same
notification to be submitted.
E. In addition to the above notification, the Board may, within its discretion, include a
recommendation to the Mayor regarding a proposed sanction or solution for the attendance
violation. In the alternative,the Board may also submit a recommendation that no action be
taken due to any mitigating circumstance. In either case,the content of the recommendation
must be approved by amajority of the members serving. A notification of violation shall be
submitted regardless of whether the Board decides to include a recommendation.
VI. BOARD SECRETARY
The Board shall appoint a secretary or secretaries to record the proceedings of all meetings. The
Board secretary shall submit a copy of this record to the City Clerk within seven (7) days of the
meeting.
VII. MWIETING AGENDA
A. The meeting agenda for regularly scheduled board meetings,unless otherwise posted or for
special meetings,will be as follows:
I. Call to Order-Establishment of Quorum.
2. Public Comments.
3. Additions to the Agenda.
4. Approval of the Minutes.
5. Unfinished Business.
a. Fraternal Order of Police Business.
b. Correspondence.
c. Departmental Reports.
d. Board Sub-Committee Reports.
e. Commissioner's Comments.
f. Administrative Comments.
g. Other Business.
h. Public Comment.
i. Adjournment.
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B. The Chairperson of the Board has the discretion to deviate from the order of the agenda for
the convenience of any member or citizen in attendance.
VIII. PUBLIC COMMENT
A. The Board recognizes the right and encourages"Public Comment"at meetings. In order to'
facilitate the orderly conduct of business,each individual's time for comment is limited to
three;(3)minutes,unless this time limit is extended by majority vote of the Board Members
present.
B. The scope of Public Comment under Section VII.,A., 2.,of the agenda will.be limited to
those items which fall within the authority of the Board. The scope of Public Comment under
Section VII.,A., 5.,h.,may include any topic of interest to the commentator.
Adopted by the Board of Police.Commissioners on November 21,2000.
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LANSING POLICC D. QPARTME- NT
T;d« BOARD OF POLICE COMMISSIONERS-CRITICAL INCIDENT BRIEFINGS
1=Ff�t;,K Date: FEBRUARY 1,2001 Rexi.k:NEW No:200-5
ADMY. NISTRATIVE PROC = DU' R �
I. PURPOSE
The purpose of this procedure is to establish guidelines for critical incident briefings for the Board
of Police Commissioners.
II. CRITICAL INCIDENT BRIEFINGS.
A, For the purposes of this procedure, a critical incident shall be defined as any one of the
following:
1. Law enforcement activity resulting in serious injury or death.
2. Allegations or complaints relating to discrimination or sexual harassment. .
3. Any incident alleging the use of excessive force where a documented injury has
occurred.
)• 4. Any other incident or activity which a majority of the Board deem appropriate for a
review pursuant to this procedure.
B. Critical Incident Briefing
1. The Chief of Policeldesignee may initiate,or any member of the Board may request
that the Chief initiate,a briefing session relating to any critical incident.
2. The Chief of Policeldesignee shall attempt to notify every Board member of the date,
time,and location of a Critical Incident Briefing Session.
3. Attendance by Board members at such a session is not mandatory,and a quorum of
the Board is not required.
4. The briefing session shall be limited to the following:
a. The purpose of the briefing session is for informational gathering designed to
focus upon issues of general concern and intended to primarily provide Board
members with background information on the critical incident.
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b. At such a session,members of the Board may not,without complying with the
Open Meetings Act,engage in discussion or deliberations during the session
or otherwise enter into the process of addressing or resolving issues of public
policy.
5. In response to any critical incident, the Board may review.any administrative or
advisory board power prescribed by the Lansing City .Charter, such as rules of
conduct, training, or advising the Mayor and Council of proposals or proposed
changes in department policies and programs.
Adopted by the Board of Police Commissioners on November 21,2000.
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LANSING POLIC. 0 DC- PARTMFNT
T;ele:BOARD OF POLICE COMMISSIONERS -COMPLAINT REVIEW COMMITTEE
EFF a Date: FEBRUARY 1,2001 Rewinds:NEW No:200-6
A D M I N IST. RATIVE PROCEDURE
I. PURPOSE
The purpose of this procedure is to establish guidelines for the review of discipline of Department
employees by the Board of Police Commissioners,
H. COMPLAINT REVIEW COMMITTEE
A. . Lansing City Charter, Section 5-301.6 provides:"The Board shall act as the final authority
of the City in imposing or reviewing discipline of the Department employees consistent with
the terms of state law and applicable collective bargaining contracts." .In furtherance of the
objectives of this Charter provision, the Chairperson of the Police Board shall appoint a
subcommittee of the Board to review citizen complaints,dispositions,and when applicable,
corresponding disciplinary investigations and sanctions imposed pursuant to the disciplinary
procedure.
B. The Complaint Review Committee may receive and review citizen complaints,dispositions,
disciplinary investigations and sanctions in a closed session. Since such records,are'
confidential records according to the provisions of MCL 423.501,otherwise known as the .
Employee Right to Know Act(ERKA),the City Attorney has ruled that such records may be
reviewed in a closed session without violating the terms of the Open Meetings Act MCL .
15,261,
C. Limitations: In order to remain consistent with applicable law and collective bargaining
agreements,the following review limitations shall apply:
1. Board members may not impose discipline pursuant to the review process.
2. Board members may not deliberate on matters contained in the disciplinary files in a.
closed session as such action.would violate the Open Meetings Act.
3. All investigative files relating to alleged criminal activity or violation of agency rule .
by an employee are confidential and may not be disclosed to any third party MCL
423.561.
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D. The purpose of the review process is to allow the Board throug
h the sub-committee, to
monitor .and otherwise more properly discharge administrative or advisory board
responsibilities prescribed by City Charter. Examples ofsuch a function would include review
and recommendations to the full Board relating to the adequacy of policies,'procedures,.
disciplinary rules and regulations, or training needs of law enforcement personnel.
'Adopted by the,Board of Police Commissioners on November 21,2060.
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LANSINC7 POLICC- DQPARTMQNT
Title: COMPLAINT PROCEDURE
��ectiw Date FEBRUARY 1,2001 . . Resdndc:99A21 &7944 N,:200-7
ADM1 ' NISTRATIVE PROCC- E DU �
I. PURPOSE
The purpose of this procedure is to establish guidelines for processing and investigating citizen
complaints.
H. AUTHORIZATION AND MANDATE FOR CITIZENS' COMPLAINT PROCESS
A. Lansing City Charter Article 5., Chapter 3., Section 5-301.4,states"The Board, in its rules;
shall establish a procedure for receiving and resolving any complaint concerning the operation
of the Department."
B. The Administration Code, Chapter 270.01(a), states "The Board of Police Commissioners, .
`Board', shall be provided with such administrative and investigative assistance,employees,
equipment and facilities as may be provided in the annual budget of the City from year to year.
Administrative and investigative assistance and employees shall be approved by the Board
consistent with City Charter,ordinances arid-personnel policies."
STATEMENT OF POLICY
The Board of Police Commissioners is committed to ensure that all persons are treated with dignity
and resect. Any citizen complaints) alleging police misconduct will be fairly and impartially
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investigated. All police employee rights shall be protected during the investigation of complaints.
An effective Citizen's Complaint Resolution Process is an important component of local government
accountability. The police must, within the limits of the law,be responsible and accountable to the
citizens as the ultimate source of police authority.
The Board of Police Commissioners encourages all members of the public to bring forward legitimate
complaints of alleged police misconduct.
IV. COMMISSION INVESTIGATOR
The Commission Investigator is authorized by the Board of Police Commissioners to do any of the
following:
A. Receive and investigate citizen complaints when authorized by the Board,consistent with law,
procedure, and applicable collective bargaining agreements.
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B. Monitor the progress of any complaint investigation on behalf of a complainant or the Board .
of Police Commissioners.
C. Confer with the Chief of Police/designee, regarding the complaint process or request
investigative assistance, if necessary.
D. Assist the Board of Police Commissioners with any fact-finding pursuant to the Board's
authority granted by the City Charter.
V. DEFINITIONS
A. "Board"means the Board of Police Commissioners.
B. "LPD"means the Lansing Police Department.
C. "Chairperson"means the chairperson of the Board of Police Commissioners.
D. "Member"means members of the Board of Police Commissioners. . .
E. "Complaint"means an allegation made by a citizen regarding the conduct of an employee of
the LPD.
F. "Aggrieved Person"means any person who appears from a complaint to have suffered injury,
harm, humiliation, indignity, or any other damage as a result of an action by an employee of
the LPD.
G. "Conciliation"means to reconcile differences through a mutual agreement between the:subject
employee and the complainant. Conciliation of a complaint shall not preclude disciplinary
action or the imposition of sanctions when appropriate,
H. "Finding(s)"means the outcome of an investigation..
L "Sustained",means the investigation disclosed sufficient evidence to support the allegations
made in the complaint.
J. "Not Sustained"means the investigation failed to disclose sufficient evidence to support the
allegation. This includes those situations where the complainant fails to provide sufficient
information to allow an investigation to be conducted or completed, but does not include a
complainant's withdrawal of a complaint where the investigation discloses a violation of law,
policy, procedure, or rule of conduct.
K. "Exonerated" means those acts which provided the basis for the complaint or allegation
occurred; however,the investigation revealed that they were justified, lawful, and proper. .. f
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L, "Unfounded" means the investigation proved that the allegation is false and did not occur.
M. "Policy Failure" means the investigation proved that the act(s) by an employee was/were
justified by LPD policy, procedure, or regulation; however, the policy, procedure, or
regulation may not have been sufficient in protecting the public interest..
vI. CODE OF CONDUCT
For purposes of this procedure, the following categories of misconduct pertaining to citizen
complaints shall include:
A. Any violation of federal,state,or local law. (In any instance where preliminary investigative
data indicates the possibility of a criminal act on part of an employee,the case shall be referred
to the Prosecutor's Office. This should be accomplished prior to.the formal charging of the
employee.)
B. Any violation of any written rule,regulation,procedure,directive,or order of the Department.
ViIL COWLAINT PROCEDURE
The Board of Police Commissioners shall have jurisdiction with respect to all citizen complaints
pertaining to any LPD employee.
A. Filing of Complaints
Complaints may be lodged in person,in writing,or by telephone. A complaint may be lodged .
by oneself(complainant), or by another person or representative of the complainant. If a
complaint is lodged by someone other than the complainant,the person or representative will
be advised .that the complainant may have to be contacted by an investigator for the
completion of an investigative report.
1. : If a complaint is lodged in person,the person filing the complaint may be asked to fill
out a Complaint Form. If a form is filled out on another's behalf,he/she will be asked
to review the complaint for accuracy and also asked to sign the complaint. Signing is
not mandatory and complaints.will be investigated regardless of whether it is signed.
2. If a complaint is lodged by mail, a Complaint Form will be filled out based on the
information provided. The written communication,however,shall be made a part of
the investigative file. Unless the document is anonymous and the complainant cannot
be identified, the complainant will be asked to sign the completed Complaint Form.
Failure to sign shall not preclude further investigation of the complaint.
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3. If the complaint is received over the telephone, a Complaint Form.will be filled out
based on the information provided. The complainant will be asked to sign the
Complaint Form. Failure to sigh shall not preclude further investigation of the
complaint.
B. Receiving Complaints
1. A complaint may be received and recorded by the following:
a. Commission Investigator
b. Lansing Human Relations and Community Services Department
C. Lansing Mayor's Office
d. LPD Office of internal Affairs
e: Any LPD Supervisor: The point of contact for citizens shall be the point of
service. Under no circumstances shall a citizen be told to call back or go to
another location within the Department to make a complaint.
2. If received by the Commission Investigator,the Commission Investigator may,subject.
to authorization by the Board or the Board's designee, conduct the investigation but
will forward a copy of the complaint to.the Office of Internal Affairs within one
business day.
3. The Board of Police Commissioners will authorize,or designate a Board Member to
authorize, the commencement of an investigation by the Commission Investigator.
The Board, or designated member, may withdraw sudh authorization at any time
during the investigation and ask the Chief of Police to assign the investigation to the
Office of Internal Affairs or any other investigator/supervisor as may be deemed
appropriate.by the Chief of Police.
4. If the complaint is received by a police supervisor, it will be forwarded to the Office
of Internal Affairs for investigation or investigative assignment. A copy of the
complaint shall be forwarded by the Office of Internal Affairs to the Commission
Investigator within one business day.
5. Within ten (19) working days of the completion of a Citizen Complaint Form,
correspondence will be mailed to the complainant by the investigator(i.e.,either the
Commission Investigator or Office of Internal Affairs),if a mailing address is known,
acknowledging receipt of the complaint and briefly explaining the complaint
investigative process.
C. Who May File a Complaint
Citizen complaints shall include complaints received from.any person without regard to age,
citizenship, residence, or any other characteristic of the complainant. .
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D. Time Limitation for Filing Complaints
In appropriate circumstances, a preliminary investigation will be conducted on every citizen
complaint regardless of the date of the incident giving rise to the complaint. A complainant
may be advised, however, that it may be difficult to substantiate a complaint if considerable .
time has elapsed between the date of occurrence and the filing of the.complaint.
E. Complaint Form .
The Board may famish to the public the appropriate Complaint Form as established by the.
Board. A Complaint Form may be picked up at any City facility or office.
F, Withdrawal of Complaints
A complaint may be withdrawn at any time,however,such a withdrawal will not preclude the
continuation of an investigation and will not preclude the imposition of disciplinary sanctions
in appropriate situations.
VIII. COMPLAINT INVESTIGATION
.The Board may designate the responsibility and authority for the review and investigation of any
citizen complaint to the Commission Investigator or Office of Internal Affairs. In those situations
where a complaint may involve a violation of law,the Office of the Chief of Police shall be contacted
J ` immediately and a criminal investigation may be conducted by criminal investigators. The .
Commission Investigator shall be directly responsible to the Board Chairperson.
A. Screening of Complaints
The Commission Investigator subject to Board approval,may review any citizen complaints
to determine the validity in relation to rules and regulations governing LPD employee conduct. .
1. If the complaint is valid in terms of jurisdiction, an explanation of the process to be
utilized by the Commission Investigator will be communicated in writing to both the
complainant and the subject LPD employee,to the extent that such a disclosure will .
not interfere or otherwise compromise a pending investigation.
2. If a formal investigation is conducted by the Commission Investigator, every
reasonable effort will be made to complete the investigation within 90 days, In
instances where there is a need to continue or complete an investigation beyond the
90-day period,the Board may be so advised.
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3. The Commission Investigator may request the Chief of Police/designee, to provide
investigative assistance by the Office of Internal Affairs. All complaints and
investigative files completed by the Commission Investigator will be forwarded to the
Office ofinternal Affairs. Investigative files will be confidential and separate from any
Personnel file.
4. Efforts may be made by the Commission Investigator when appropriate to reach
conciliation between all parties at any time during the complaint process. Conciliation
shall not preclude further investigation or imposition of disciplinary sanctions in
appropriate situations.
B. Scope of Investigation
The investigation of a citizen's complaint shall include,but not be limited to the following:
1. Interview with the complainant,the aggrieved party,and witnesses or'other person(s)
likely to have information concerning the complaint;'and may include.an interview
with the subject LPD employee(s). Prior to any employee interview, consideration:
will be given to the necessity of any special advice of rights(i.e.,Miranda or Garrity);
and the potential need for union representation.
2. It shall be the responsibility of the Commission Investigator to record each step in the
investigation and the result thereof in an investigative report which shall be made a f
Pad of the complaint file. t
3, The Commission Investigator shall attempt to secure a written statement from all
participants in, and witnesses to, the alleged incident. Where any witness or
participant.is unwilling to make a signed, written statement, the Commission
Investigator shall prepare a verbatim transcript or written summary of the oral
statement, if any,provided by such participant or witness.
4. Interviews and statements may be tape recorded by.the Commission Investigator.
Whenever possible, the-recording, or transcript of the recording, will be retained as
part of the investigative file.
C. Employee Rights
The employee may, at.his/her request, have a union representative or an attorney attend the
pre-determination conference. Investigators shall not knowingly violate an employee's due
process rights in conducting the investigation and they shall not make any promises or offer
rewards as an inducement to answer questions. Whenever appropriate,the investigator should
seek guidance from either the Legal Advisor, City Attorney,.or Prosecuting Attorney to
determine which interview rights are appropriate (i.e., Garrity or Miranda)and to determine
the potential immunity which may attach to the statements as a matter of law. In addition:
Page 6 of 8
L. Personal property shall not be subject to search and seizure without probable cause or
without a search warrant. Department property may be searched at anytime even if.
assigned to or used exclusively by'a single person.
2. Employees of the LPD will comply with all lawful orders for information, materials,
or assistance when such orders are made by the investigator of a complaint.
3. Communications using departmental facilities and/or equipment may be monitored
and recorded under conditions permitted by law.
4, The Chief of Police can order any employee of the LPD to submit to any acceptable
technique to secure non-testimonial evidence including, but not limited to, ballistics,
photographs,and lineups.
•D. Temporary Suspension
A supervisor.conducting a preliminary investigation may temporarily suspend an employee
in accordance with Department policy or procedure and applicable collective bargaining
agreements.
E. Investigative Report
At the conclusion of the investigation, the Commission Investigator shall complete an
appropriate written report setting forth the name of the complainant,the aggrieved party,and
the. subject LPD employee; and summarizing what investigation wat conducted and W)Mt
information was disclosed by the investigation. The report, shall also contain a
recommendation as to whether the case is appropriate for summary dismissal, or any other .
appropriate action or disposition based on the findings.
F. Disposition of Case
1. The Board may, in its sole discretion, assume responsibility for determining the
disposition of any case. To achieve this objective,the Board may conduct sessions to
review any case or investigation. to determine the disposition of any complaint
consistent with the following categories:
a. Sustained.
b. Not Sustained.
C. Exonerated.
d. Unfounded.
e. Policy Failure.
2. The investigative report will be submitted to the Chief of Police for review and
implementation of any discipline.
1
Page 7 of 8
G. Notification
Upon completion.of an investigation and any review.process, the Board will ensure the
complainant is notified of the disposition of the investigation.
H. Board Review of Investigative Files
The Board may review any investigative file relating to a citizen complaint. Following that
:review the Board may elect to take any of the following actions:
1. Conduct additional fact-finding pursuant to the authority granted by the City Charter.
2. Confer with the Chief of Police/designee,regarding the outcome of any investigation.
3. Consider the implementation or amendment of any rule, regulation,or procedure the
Board is authorized to implement pursuant to the terms of the City Charter.
4. . Any other action permitted by Charter or ordinance subject to limitations imposted by .
bargaining unit contracts or law.
Adopted by the Board of Police Commissioners on November 21,2000.
Page 8 of 8
LANSING POLICE D3PARTX - 3NT
Title:RULES OF CONDUCT
8ftnt!"Date:OCTOBER 16,2001 Reeelads:IW3 JULY 1,2001 No.100-3
A D Y I I I 3 T R A T I V E P R 0 0 8 D U R E
L. PURPOSE
The purpose of this procedure is to establish the mules of conduct and work performance for
Departmental employees. The Rules of Conduct set forth in this procedure are intended to inform
employees o f the more sensitive and often problematic matters involved in police conduct and ethics;
to speeifywhere possible,actions and inactions,that are contrary to and in possible conflict with the
duties and responsibilities of law enforcement employees; and to guide employees in conducting
themselves and their affairs in a manner that reflects the high standards ofprofessionalism required
of law enforcement employees. In the event that a section or clause of this procedure is determined
to be unconstitutional,unlawful,void,or otherwise unenforceable,such ruling will not have an effect
on any remaining section or clause and all remaining sections or clauses shall remain in.full force
and effect.
IL POLICY
Behavior or actions ofany employee that is inconsistent,incompatible;or in conflict with the values
established by the Lansing Police Department negatively affect its reputation and that of its
employees. Such actions orinactions detract from theDepartment's overall abilityto effectively and
efficiently protect the public,maintain peace,and conduct other essential business. It is the policyl
of the Lansing Police Department that employees conduct themselves at all times in a manner that
reflects the ethical standards consistent with the rules contained in',this policy and otheww
disseminated by this Department.
III. ORGANIZATION
A. Rank Structure/Positions
Sworn Ranks Non Swom Positions
Chief of Police Detention Officer
Assistant Chief of Police Communications Division Employees . .
Captain Clerical Support/Other Employees
Lieutenant Police Cadet
Sergeant
Detective
Police Officer
Page 1 of 18
B. Authority
l
1. A Command Officer shall be construed to mean an Officer who has attained the rank
of Sergeant or above,or a civilian employee assigned supervisory responsibilities:
2. Any Officer in the Department is considered a Command/Supemsory Officer in the
absence ofa ranking Officer when,by virtue ofseniority,he/she is required to set as
a Command/Supervisory Officer.
3. A Command/Supervisory Officer shall never countermand the orders of a higher
level Command/Supervisory Officer without good cause.
IV. .. GENERAL RULES
A. Assignment
l.. Full time employees ofthe Department will have regulardutyhours assigned to them
for active duty.
2. When a condition exists that is deemed to be an emergency,regular dutyhours may
be extended or rescheduled
3. In an emergency,the Department may postpone or reschedule leave days.
4. Officers,while not on active duty,may be required to take proper action on police
matters of a serious nature coming to their attention within this jurisdiction.
B. Resignations
Employees resigning from the Lansing Police Department shall forward a written resignation
to the Lansing Police Department Human Resources Section at least two weeks prior to the
effective date.
C. Correspondence
All correspondence on behalf of the Department shall be issued by the Chief of Police,or
with his/her consent.. Copies of all such correspondence should be forwarded to the
Administration Office.
I
Page 2 of 18
V. RULES OF CONDUCT
1.00 Responsibilities
A. It is the duty of all employees to know the rules,regulations,procedures,directives,
or orders of the Department and the employee's assigned Division. In the event of
a violation,it shall be assumed that employees are familiar with the violated rules, .
regulations,procedures,directives or orders.
B. Employees shall report through the proper channels any violation of law, rules,
regulations,procedures,directives or orders that are brought to their attention.or any
violation they have personal knowledge of having.been committed by any employee
of the Department.
1.01 Violation of Rules
Employees shall not commit or omit any acts which they know or should'know would
constitute a violation of any rules, regulations, procedures, directives, or orders of the
Department.
1.02 Unbecoming Conduct
Employees shall conduct themselves at all times,both on and off duty,in such a manner as
not to discredit the Department. Unbecoming conduct shall include that which brings the
Department into disrepute,or impairs the operation or efficiency of the Department:
1.03 :Immoral Conduct
Employees shall not engage in any activity involving moral turpitude that may cause the
Department to be brought into disrepute or impairs the operation or efficiency of the
Department. ,
1.04 Conformance to Laws
A. Employees shall obey all laws of the United States and of any state and local
jurisdiction in which the employees are present.
B. A conviction of the violation of any law shall be prima facie evidence of a violation
of this section. Lack of a criminal complaint or an acquittal of a violation of law
shall not preclude internal administrative disciplinary action.
Page 3 of 18
1.05 Reporting for Duty
Employees shall report for duty at the time and place required by assignment or orders and .
shall be physically and mentally fit to perform their duties. They shall be properly equipped
and cognizant of information required for.the proper performance of duty so that they pray
ume
immediately ass their duties. Judicial subpoenas,no6ces•to appearoncivil infractions,
and'administrative notices shall constitute an order to report for duty under this section.
1.06 Neglect of Duty
Employees shall not engage in any activities or personal business which would cause them
to neglect or be inattentive to duty.
1.07 Fictitious Illness or Injury Reports
Employees shall not feign illness or injury, falsely report themselves in or injured, er
otherwise deceive or attempt to deceive the Department as to the condition of their health.
1.08 Sleeping on Duty
Employees shall remain awake while on duty. If unable to do so, they shall report to a
supervisor,who shall determine the proper course of action. F
1.09 Leaving Duty Post
Employees shall not leave their assigned duty post during a.tour of duty except when
authorized by proper authority or when necessary to perform immediate police functions.
110 Unsatisfactory Performance
Employees shall maintain sufficient competency to properly perform their duties and
responsibilities. Employees shall perform their duties in a manner which will maintain high
standards of efficiency, Unsatisfactory performance may be demonstrated by a lack of
knowledge of the application of laws requited to be enforced;a lack ofknowledgeregarding
Departmental policy,procedures or application thereof, the unwillingness or inability to .
perform assigned tasks; .the failure to conform to work standards established for the
employee's rank;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
indicia of unsatisfactorypeiformance,the following will be considered prima facie evidence
of unsatisfactory performance: repeated poor evaluations or a written record of repeated
infractions of rules,regulations,procedures,directives,or orders of the Department.
Page 4 of 18
1.11 Employment Outside the Department
Employees may engage in off-duty employment subject to the following limitations:
A. Such employment shall not interfere with the employee's employment with the
Department
B. Employees shall submit a written request for off-duty employment to the Chief of
Police,whose approval is required prior.to engaging in such employment.
1.12 Alcoholic Beverages and Drugs in Police Installations .
Employees shall not possess,consume,store orbringinto anypolige facility,onto anypolice
property whether owned,rented,or leased,or in any police vehicle,without the permission
of the Chief of Police, any alcoholic beverages, controlled substances, narcotics or
hallucinogens (except when prescribed in the treatment of employees by physicians or
.dentists),except when they are held as evidence or as seized property.
U3 Possession and Use of Drugs
Employees shall not possess or use any controlled substances,narcotics,or hallucinogens
except when prescribed in the treatment of employees by a physician or dentist. When
controlled substances,narcotics,or hallucinogens are prescribed,officers shall notify their
supervisor if their performance could be impaired
1.14 Use ofAlcohol on Duty or In Uniform
A. Employees 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 supervisor. Employees shall not appear for duty,or be on duty while under
the influence of intoxicants,or with an odor of intoxicants on their breath.
B. Employees must report the use of any substance, prior to reporting for duty, that
impairs their abilityto perform their duties. Supervisors shall-order a drug oralcohol
screening test when they have reasonable suspicion that an employee is using and/or
under the influence of drugs,or alcohol.
1.15 Use of Alcohol Off Duty
Employees,while offduty,shall refrain from consuming intoxicatingbeverages to the extent
that it results in behavior which discredits the Department,or renders the employee unfit to
report for the next regular tour of duty.
Page 5 of 18
�i
1.16 Use of Tobacco
Employees will not use tobacco in any form when they are actively on in dealing with
the public or on anypremises or in any vehicle owned,leased or rented by the Department;
or where otherwise pcohibitidd bylaw. Tobacco in any form includes,but is not limited to
cigars,cigarettes,pipes and chewing tobacco.
147 Insubordination
Employees shall not be insubordinate. Insubordination is disrespect toward a supervisor,
Open defiance,or the refusal to obey any lawful order or directive ofa supervisor in a timely
and satisfactory manner. This will include orders and directives relayed from a supervisor
by an officer of the same or lesser rank.
A. Disrespect toward a supervisor includes,but not limited to
duct
or language which ' � Departmental
&uaS unpairs a supervisor's ability to carry out their Departmental
duties.
B. Open defiance includes,but is not limited to deliberate or wilful refusal to carry out
or disregard.an.order/directive, direct refusal, and/or outright or blatant-verbal
indication or actions that clearly defy an order,Wile,regulation,or directive.
1.18 Conflicting or Illegal Orders
A. Employees who are given an otherwise proper order which is in conflict with a.
previous order,rule,regulation,or directive shall respectfully inform the sgpeiyisor
issuing the order of the conflict. If the supervisor issuing the order does not alter or
retract the conflicting order,the order shall stand Under these circumstances,the
responsibility for the conflict shall be upon the supervisor. Employees shall obey the
conflicting order and"not behold responsible for disobedience of the order,rule,
regulation,or directive previously issued
B. Employees shall not obey any order which theyknow or should know would require.
them to commit an illegal act- If in ddubt as to the legality of an order,employees
shall request the issuing employee to clarify the order or to confer with a higher
authority.
1.19 Gifts,Gratuities,Bribes,or Rewards
A. Employees shall not solicit and/or accept from anyperson,business,or organization
any gift(including money,tangible or intangible personal property,food,beverage,
loan, promise, service, or entertainment) for the benefit of the employees or the
Page 6 of 18
Department if it may reasonably be inferred that the person, business, or
organization:
1. Seeks to influence action of an official nature or, seeks to affect the
performance or nonperformance of an official duty,or
2. Has an interest which may be substantially affected directly or indirectly by
the performance or nonperformance of an official duty. .
B. Employees may solicit and/or accept from any person,business,or organization,any
.gift(including money,tangible or intangible personal property,food,beverage,loan,
Promise, service, or entertainment) for tho'benefit. of the employees or the
Department with the express prior authorization of the Chief of Police.
C. An employee.receiving any reward for police service rendered shall forward the
reward and a written report to the Chief of Police. Rewards, if approved,will be
accepted and disbursed at the discretion of the Board of Police Commissioners.
L20 Abuse of Position
A. Employees shall not use theiroffrcial position,official identification cards,orbadges
for the following:
1. personal or financial gain, +
2. obtaining privileges not otherwise available to them except in the
performance of duty,
3. avoiding consequences of illegal acts.
B. Employees shall not have any claim to any found property or property turned into
them during the course oftheiremployment,including anypropertyheld as evidence.
C. Employees are prohibited from using information gained through their position as
law enforcement employees to improve Weir financial position or to advance the
Private interests,of themselves or others.
D. Employees shall not lend to another person their identification cards or badges or
permit them to be photographed or reproduced without the approval of the Chief of
Police.
E Employees shall not authorize the use of their names,photographs,or official titles
which identify them as employees in connection with testimonials or advertisements
Page 7 of 18
of any commodity or commercial enterprise, without the approval of the Chief of
Police.
1.21 Endorsements and Referrals
Eiiiployees shall not r6cornmendoi suggest in any manner, ex fin the
personal business, We to transaction of.
emp yment or procurement of a particular product, professional
service, or commercial service (e.g., an attorney, ambulance.service, .towing service,
bondsmen,morticians,etc.).
1..22 Identification
Employees shall carry identification cards on their persons at all times, except when
impractical or dangerous to their safety or to an investigation. They shall famish their name
and badge number to any person requesting that information, when they are on duty or
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.
1.23 Citizen Complaints
All employees of the Department are authorized to receive and record complaints against
other Departmental employees or the Department. Employees may attempt•to resolve the
complaint,but shall never attempt to dissuade any citizen from lodging a complaint against
any employee or the Department. Complaints shall be referred to an appropriate on-duty
supervisor,to the Office of Internal Aft'dM or the Commission Investigator for recording.
1.24 Courtesy
Employees, when dealing with the public and each other shall be patient, courteous, and
respectful. Employees will be tactful in the performance of their 'duties; control their
tempers, and exercise the utmost patience and discretion. They will not engage in
argumentative discussions even in the face of extreme provocation. In the performance of
their duties,employees shall not use coarse,violent,.profane, vulgar,sarcastic,or insolent
language or gestures,and will not express anyprejudice,hostility or bias concerning race,
religion,politics,national origin,gender,sexual orientation,social background, or similar
personal characteristics.
1.25 Requests for Assistance
When anyperson requests assistance,information or advice,ormakes complaints or reports,
either by telephone or in person,all pertinent information will be provided or obtained in an
I
Page 8 of 18
official courteous manner and will be properly and judiciously acted upon consistent with
established Departmental procedures.
NOTE: The point of contact for citizens shall be the point of service for all services.
Under no circumstances shall a citizen be told to call back or go to another
location to make a complaint or receive initial services from the Department.
1.26 Associations
A. Employees shall avoid regular or continuous associations or dealings with persons
whom they know, or should )mow, are persons under criminal investigation or
indictment,orwho have areputation in the community ortheDepartment forpresent
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 employee
B. Employees"I not k1lowinglYi0in orparticipate in anyorganizationtliatadvocates,
incites or supports criminal acts,criminal conspiracies,or hate erime activities.
1.27 visiting Prohibited Establishments
Employees shall not knowingly visit, enter,or fiequent a house of prostitution, gambling
house,drug house,or establishment wherein the laws of the United States,the state,or the
local jurisdiction are regularly violated except in the performance of duty or while acting
under proper and specific orders from a supervisor.
1.28 Public statements and Appearances
A. Employees shall not publicly criticize or ridicule the Department, its policies, or
other employees by speech,writing,or other expression,where such speech,writing,
or other expression is defamatory, obscene, unlawful, impairs the operation or
efficiency of the Department,is made with reckless disregard for truth or falsity or
could be reasonably interpreted as having an adverse effect upon Department morale,
discipline,operation of the Department or perception of the public.
B. Employees shall not address public gatherings,appear on radio or television,prepare
any article for publication, act as correspondents to a newspaper or a periodical,
release or.divulge investigative information,or any other matters of the Department,
while holding themselves out as representing the Department in such matters without
the express permission of the Chief of Police(designee.
Page 9 of 18
1.29 Personal Appearance
A Employees on duty shall.wear uniforms or other clothing in accordance with
established Department and Division procedures.
B. Except when acting under proper and specific orders from a supervisor,employees
on duty shall maintain a neat, well-groomed appearance and shall style their hair
according to established Departmental guidelines.
1.30 Political Activity
A. An employee shall not use the influence of his/her position with the Department for
political purposes.
B. An employee shall not hold a political position that is incompatible or has a .
conflicting interest with his/her duties as a police Department employee..
C. Employees on duty or in uniform are prohibited from the following partisan or
nonpartisan activities:
1. assuming active roles in the management,organization,or financial activities
of political clubs,campaigns,or parties;
{
2. soliciting votes in support ot or in opposition-to,any carididates,
3. serving as delegates to a political party convention;
4. endorsing or opposing. a candidate for public office in a political'
advertisement,broadcast,or campaign literature;
5. initiating or circulating a petition to non employees;
6. . organizing, selling tickets to, or actively participating in a fund-raising
function for a political party or candidate;
7. addmssingpolitical gatherings in support of,or in opposition to,a candidate;
8. otherwise engaging in prohibited political activities on the federal, state,
county,or municipal level.
1.31 Payment of Debts
Employees shall not undertake any financial obligations which they know or should know
Page 10 of 18
they will be unable to meet,and shall pay all just debts when due. An isolated instance of
financial irresponsibility will not be grounds for discipline except in unusually severe cases.
However, repeated instances of financial difficulty may be cause for disciplinary action.
Filing for a voluntary bankruptcy petition shall not, by itself; be cam for discipline.
Financial.difficulties stemming from unforeseen medical expenses or personal disaster shall
not be cause for discipline,provided that a good faith effort to settle all accounts is being
undertaken.
1.32 Telephone/Address Changes
Employees shall immediately report any changes in telephone numbers, addresses,marital
status, dependents, or beneficiaries to the Lansing Police Department Human Resources
Section during nomad duty hours of the Section. Should anychanges in telephone numbers
or addresses occur during other than normal duty hours of the Division, employees shall
immediately report such status changes to their Command Officer Employees shall
complete a City of Lansing Employee Record Change Form and submit it to the Lansing
Police Department Human Resources Section as soon as possible. Employee address and
telephone information shallbe treated as confidential information and will not be disclosed
except as required by law or court order.
1.33 Dissemination of Wormation
Employees shall treat the official business of the Department as confidential. Information
regarding official business shall be disseminated only to those for whom it is intended,in
ac c rdancewith law and established Departmental procedures. Employees shall not divulge
the identity of persons giving confidential information except as authorized by proper
authority.
1.34 Intervention
A Employees shall not knowingly interfere with Departmental Ainctions being handled
by other employees of the Department or any other governmental agency unless: .
1. ordered to intervene by a supervisor,
2, the intervening employee reasonablybelieves that a manifest injustice would
result fi+om a failure to take action.
B. Employees shall not undertake any investigation or other official action that is not
part of theirregular duties without obtaining permission from a supervisor unless the
exigencies of the situation require immediate action.
Page 11 of 18
1.35 Departmental and Injury Reports f
Employees shall submit all necessary reports on time and in accordance with established t
Departmental procedures. Reports submitted by employees shall be truthful and complete,
and no employees shall knowingly enter, or cause to be entered, any inaccurate, false, or
improper,information. An employee shallmitnediately report any personal injury received
in the line of duty.
1.36 Processing Property and Evidence
Property or evidence.which has been discovered,gathered,or received in connection with
Departmental responsibilities will beprocessedin accordance with established Departmental
procedures. Employees 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 Departmental
procedures.
1.37 Abuse of Process
Employees shall not make false accusations of a criminal or traffic charge. Employees shall
not knowingly make false accusations of employee misconduct,
1.38 Use of Department Equipment
Employees shall utilize Department equipment only for its intended purpose and in
accordance with established Departmental procedures and training,and shall not abuse,or
negligently damage or lose Department equipment. Use of all Department equipment,
materials,supplies,orpropertynotspecificanyassigned to an individual employeeorvehicle
requires. supervisory authorization from the employee's supervisor as well as the
unit/division/supervisor the items are assigned to, absent exten
uatingto nprop circumstances. AnDepartment equipment issued to employees yees shall be maintained improper order. Employees
shallreportto theirsupervisoranydefectorhazardous condition inDepartmental equipment.
1.39 Operating Vehicles
Employees shall operate official vehicles in a careful and prudent manner,and shall obey all
laws and all Departmental orders pertaining to such operation. Loss or suspension of any
driving license shall be reported to the Department.
1.40 .Carrying Firearms
Officers shall carry firearms in accordance with law and Departmental procedures.
Page 12 of 18
1.41 Truthfulness
Upon the order of the Chief of Policeldesignee or a supervisor, employees shall truthfully
answer all questions specifically directed and narrowly related to the scope of employment
and operations-of the-Department..whichmay ka-ks"f the ---_-----
1.42 Photographs,Lineups,Ballistics Tests,Firearms .
Upon the order of the Chief of Policeldesiguee,employees shall submit to ballistics tests,
photographs,or lineups. All weapons carried by employees are subject to examination upon
requesL All procedures carried out under this subsection shall be specifically directed and
narrowly related to a particular internal investigation being conducted by the Department.
1.43 Treatment of Persons in Custody
Employees shall notmistreat persons who are in their custody. Employees shall handle such
persons in accordance with law and Departmental procedures.
.1.44 Use of Force
Employees shall not use more force in any situation than is reasonably necessary under the
circumstances. Employees shall use force in accordance with law and Departmental
procedures.
1.45 Use of Weapons
Officers shall not use or handle weapons in,a careless or imprudent manner. Of icers shall
use weapons in accordance with law and Departmental procedures.
1.46 Arrest,Search,and Seizure
Employees shall not make any arrest,search,or seizure which they know or should know is .
not in accordance with law and.Departmental procedures. Employees shall not knowingly
violate anyone's constitutional rights.
1.47 Gambling
Employees on duty or on City premises shall not engage in gambling,including the sale of
lottery and sports pools or when otherwise prohibited by law.
Page 13 of 18
' I
1.48. Prohibited Weapons f
t
Employees shall not possess,carry,or use any weapon prohibited by law or Departmental
probodures.
1.49 Accountability,Responsibility aidbils@pline
A. Employees are directly accountable for their actions through the chain ofcommand,
to the Chief of Police.
B. Employees shall cooperate fully in any internal administrative investigation
conducted by this orother authorized agencyand,shall provide complete and accurate
information in regard to any issue under investigation. '
C. Employees shall acceptresponsibilityfortheiractionswithout attempting to conceal,
divert, or mitigate their true culpability nor shall they engage in efforts to thwart,
influence;or interfere with an internal or criminal investigation.
D. Employees who are arrested, cited, or come under investigation for any criminal
offense in this or another jurisdiction shall report this fact to a Command Officer as
soon as possible
1.50 Conduct Toward Co-workers . l
A. Employees shall conduct themselves in a manner that will foster cooperation among r
members of this agency, showing respect, courtesy, and professionalism in their
dealings with each other. Employees shall not engage in acts of"horseplay"which.
involve the potential for risk of injury to.the emrployee, other employes, other
bons,or damage to property.
B. Employees shall not use language or engage in actions that demean, harass, or
intimidate coworkers.
C: Harassment in any form is strictly prohibited, including but not limited to sexual,
ethnic,racial or religious harassment.
D. An employee,while on duty or offduty,or their agent shall not record(audio and/or
video) any conversation with another employee or supervisor without that
employee's or supervisor's knowledge. the only exceptions to the recording of an
employee conversation are recordings which are routinely made and/or monitored as
part of daily operations ofthe Department,recordings made pursuant to the authority
of a court authorized warrant, and/or recordings .made with prior supervisory
approval as part of a Department authorized investigation. Use of any recording
Page 14 of 18
device during an investigative interview as,part of an administrative'iuvestigation
shall be subject to the above disclosure provision. Employees shall not make or
transmit copies ofrecorded communications for purposes other than those involving
official Department business.
1.51 Expectations of Privacy.
A. Employees shall not store personal information or belongings with an expectation of
personal privacy in such places as lockers,desks,Department vehicles,file cabinets,
computers,or similar areas that are under the control and management oftbo Lansing
Police Department.
B. No employee of this Department shall maintain files or duplicate copies of official
agency files in either manual or electronic formats at his or her residence or in other
locations outside the confines of this Department without express authorization of
the Chief of Police.
VL BUILDING
A, Employees shall not mark,deface,or affix anything to the walls ofa police building without
permission fi om the Chief of Police.
B. Bulletins boards are located throughout police buildings to keep employees aware ofofficial
notices,orders,and changes. Employees shall not remove,alter,deface,or mark upon any+
official notice posted on any bulletin board.
C. Employees shall maintain their desks and lockers in a clean and orderly manner,and shall.
not mark, deface,or affix anything to a desk or locker without permission of the Chief of
Police. All desks and lockers are subject to inspection by a Command Officer upon
notification.
VII. DEFINITJ{ONS
A. Standard of Terminology
1. Shall and Will: Indicates the action is mandatory.
2. Tense: Words used in the present tense shall include the future.
3. Plurality: The singular shall include the plural and vice versa.
4. Department: Department shall mean the Lansing Police Department.
Page 15 of 18
5. Department Equipment: Department equipment shall be construed to mean property
the Lansing Police Department has the authority.to manage, direct, superintend,
regulate,govern,administer,or oversee.
B. Departmental Structure
I. The Board: The Board of Police Commissioners.
2. Bureau: A functional unit ofthe Police Department which consists ofmore than one
Division.
3. Division/Preoinct: A functional unit of the Police Department where employees are
assigned to active duty.
4: Unit or Section: A functional segment of a Division4weinct where employees are
assigned to active duty.
5. Shift: The period of time,day or night,employees are assigned to active duty.
6. Team Area/District: A geographical area of the city as.divided for assignment
purposeS.
r
T. Beat: A geographical area of the city as divided for assignment purposes.
8. Post: A fixed point or location to which an employee is assigned.
9. Headquarters: The Lansing Police Department Building downtown, 120 W.
Michigan Avenue.
10. Garage: no City of Lansing Central Services Garage.
C. Personnel
1. Employee: A person employed in a full-time or part-time position with the
Department.
2. Non-Sworn Employee: An employee of the Department who does not have police
POWOM
3. Sworn Employee: An employee of the Department who has taken the oath of office
and is authorized to exercise police powers.
Page 16 of 18
D, Orders
1.• Order: An instruction or command, either written or oral; by a supervisor to a
subordinate.
2. General OrdevProcedure: A written order issued by the Chief of Police governing
an operational procedure,an administrative fimction,or,a rule and regulation of the
Department
3. special Carder. Written order issued by the Chief of Police usually bearing upon
some specific circumstances or situation,usually of a temporary nature.
B.. Personnel Administration
1, Appeal: The right to have a case heard by a higher authority.
2. Bribe: Money or favor bestowed or promised to a person to influence or pervert
his/her judgement and corrupt his/her conduct.
3. Demotion: To reduce or lower in grade or rank.
4. Disciplinary Action: A punishment orpenalty for violation of the rules,regulations,
procedures,or orders of this Department.
5. Dismissal: The act of terminating the services of an employee.
6. Insubordination: The willful disobedience to an order lawfully issued by a
supervisor,to a subordinate;including those relayed from a supervisor to an officer
ofthesameorlesserranL insubordination"includes anydisrespectful,mutinous,
insolent,or abusive language used toward a supervisor.
7. Malingering: To pretend to be ill or otherwise incapacitated so as to avoid duty or
work
8. Off Duty: The period in which an employee is not assigned to be present but is
subject to a callback to work.
9. On Duty: The period in which an employee is assigned to be present and actively
engaged in performing his/her duty.
10, Reward: That which is given in return for some service rendered or an attainment.
Page 17 of 18
i
11. Resignation: The voluntary termination of service to the Department
12: Salary Increment: A salary increase within a given classification.
...... ....... _13_ Suspension: The temporary removal of the authority of an employee of this
-Department to perform the functions of the Lansing Police Department
.F. Disciplinary Procedure-Terminology
1. Confirmed Employee: An employee who has successfully completed his/ber
probationaryperiod.
2. Working Day: A Monday through Friday(excluding weekends and holidays),may
be less than eight(8)full duty hours
3. Full Working Day: A Monday through Friday(excluding weekends and holidays
'from 8:00 A.M.to 5:00 P.M.(eight full duty hours).
Adopted by the Board of Police Commissioners on October 16,2001.'
it
it
Page 18 of 18.
ADMINISTRATIVE PROCEDURES
SUBJECT
POLICE BOARD MEETINGS '
DATE OF ISSUE EFFECTIVE DATE RECINDS NUMBER
MAY 28, 1997 MAY 28, 1997 79-A5 (07/01/90) A10/79-A5
L PURPOSE
The purpose of this Administrative Procedure is to establish the manner in which
Police Board meetings are scheduled and the order in which they are to be
conducted.
II. SCHEDULING
A. The Police Board shall schedule their regular monthly meetings on the third
Tuesday of each month at 5:30 p.m.
B. In the case of a special meeting, which may be called by the Board
Chairperson, Vice-Chairperson, or Acting Chairperson, each Board member
shall be notified in advance of the time and place of such meeting.
C. All meetings of the Police Board shall be governed by the Open Meetings
Act of 1976, P.A. 267, MCLA 15.261; MSA 4.1800. Public notice of meetings
shall be given in accordance with this Act.
III. ELECTION AND TERMS OF OFFICE
A. The Board shall, at its regular meeting in July, elect a Chairperson and vice-
Chalrperson to serve for one year terms. In the event that the July meeting
Is not conducted, the Board shall elect a Chairperson and Vice-Chairperson
at the next meeting conducted by the Board. In such a situation, the
Incumbent officers shall retain the positions and discharge applicable
responsibilities until the next election.
B. Any member of the Board is eligible for election or re-election, however, no
member may be elected to the position of Chairperson for more than three
(3) consecutive terms.
'- C. The Chairperson shall preside at all Board meetings. In the event the
Chairperson is absent, the Vice-Chairperson shall preside. If both officers are
absent, the members present shall elect an Acting Chairperson to preside at
that meeting only.
D. If the Chairperson position becomes vacant prior to the end of the term,
the Vice-Chairperson shall become Chairperson for the remainder of the
term. The Board may elect a new Vice-Chairperson to complete such a
term.
IV. CHAIRPERSON'S RESPONSIBILITIES
A. The Chairperson shall appoint such standing committees as are necessary to
perform the administrative duties of the Board.
1 OS/28/97
e
B. In addition to presiding at all Board meetings as described in Section III. C,
the Chairperson shall perform all the duties of Board Chairperson as may be
necessary or as described in this procedure.
V. TERMS, QUORUM, AND ATTENDANCE
A. Elected officers of the Board shall serve for one year terms, or until they
are replaced in an election described in Section III of this procedure.
Committee appointments are for one year terms, or until replaced by a
newly elected or re-elected Chairperson.
B. A quorum at all meetings shall consist of five (5) members of the Board.
C. Attendance: The Lansing City Charter provides that, "The rules shall define
the extent to which non-attendance at meetings may be grounds for
removal from office" (City Charter Section 5.105.7).
1. The Board secretary shall record the attendance of members at
every regularly scheduled or special Board meeting, and maintain
attendance records for the Board.
2. A violation of either of the following attendance requirements may,
constitute grounds for removal from office.
a. Absence from three consecutive regularly scheduled meeting.
b. Absence from four or more regularly scheduled meetings in
any fiscal year,
3. In the event that a meeting is cancelled In advance, by the
Chairperson, or Vice-Chairperson, due to an expected lack of a
quorum, those Board members who indicate their availability to the
Board secretary shall not be considered absent. In order to be
considered not absent under this subsection, the board member
shall notify, or cause to be notified, the Board's Secretary of their
availability for the meeting by 2:00 p.m. on the meeting date.
D. In the event that the attendance policy (outlined in Section V. [C.1[2.1) is
violated, the Board Chairperson shall cause a written notice of the violation
to be submitted to the Mayor. In the event that the Chairperson is in
violation, the Vice-Chairperson shall cause the same notification to be
submitted.
E. In addition to the above notification, the Board may, within its discretion,
Include a recommendation to the Mayor regarding a proposed sanction or
solution for the attendance violation. In the alternative, the Board may also
submit a recommendation that no action be taken due to any mitigating
circumstance. In either case, the content of the recommendation must be
approved by a majority of the members serving. A notification of violation
shall be submitted regardless of whether the Board decides to include a
recommendation.
2 05/28/97
VI. BOARD SECRETARY
The Board shall appoint a secretary or secretaries to record the proceedings of all
meetings. The Board secretary shall submit a copy of this record to the City Clerk
within seven days of the meeting.
VII. CRITICAL INCIDENT BRIEFINGS
A. For the purposes of this procedure, a critical incident shall be defined as
any one of the following:
1. Law enforcement activity resulting in serious injury or death;
2. Allegations or complaints relating to,discrimination or sexual
harassment;
3. Any incident alleging the use of excessive force where a documented
Injury has occurred; or
4. Any other incident or activity which a majority of the Board deems
appropriate for a review pursuant to this procedure.
B. Critical Incident Briefing
1. The Chief of Police may initiate, or any member of the Board of
Police Commissioners may request that the Chief initiate, a briefing
session relating to any critical incident.
2. The Chief of Police, or his/her designee, shall attempt to notify every
Board member of the date, time, and location of a Critical Incident
Briefing Session.
3. Attendance by Board members at such a session is not mandatory,
and a quorum of the Board is not required.
4. The briefing session shall be limited to the following:
a. The purpose of the briefing session is for informational
gathering designed to focus upon issues of general concern
and intended to primarily provide Board members with
background information on the critical incident.
b. At such a session, members of the Board may not without
complying with the Open Meetings Act, engage in discussion
or deliberations during the session or otherwise enter into the
Process of addressing or resolving issues of public policy.
5. In response to any critical incident, the Board of Police Commissioners may
review any administrative or advisory board power prescribed by the
Lansing City Charter, such as rules of conduct, training, or advising the
Mayor and Council of proposals or proposed changes in department policies
and programs.
3 05/28/97
Vill. DISCIPLINARY REVIEW
A. Lansing City Charter, Section 5.301.6 provides: "The Board shall act as the
final authority of the City in imposing or reviewing discipline of the
department employees consistent with the terms of the state law and
applicable collective bargaining contracts." In furtherance of the objectives
of this Charter provision, the Chairperson of the Police Board shall appoint a
subcommittee of the Board to review citizen complaints, dispositions, and
when applicable, corresponding disciplinary investigations and sanctions
imposed pursuant to the disciplinary procedure.
B. The Disciplinary Review Subcommittee may receive and review citizen
complaints, dispositions, disciplinary Investigations and sanctions in a closed
session. Since such records are "confidential' records according to the
provisions of MCL 423.501 et sec; otherwise known as the "Employee Right
to Know Act (ERKA), the City Attorney has ruled that such records may be
reviewed in a closed session without violating the terms of the "Open
Meetings Act" (MCL 15.261 et sec).
C. Limitations: In order to remain consistent with applicable law and collective
bargaining agreements, the following review limitations shall apply:
1. Board members may not Impose discipline pursuant to the review
process.
2. Board members may not deliberate on matters contained in the
disciplinary files in a closed session as such action would violate the
Open Meetings Act.
3. All investigative files relating to alleged criminal activity or violation
of agency rule by an employee are confidential and may not be
disclosed to any third party. [MCL 423.501 et seq.]
D. The purpose of the disciplinary review process is to allow the Board,
through the sub-committee, to monitor and otherwise more properly
discharge administrative or advisory board responsibilities prescribed by
City Charter. Examples of such a function would include review and
recommendations to the full Board relating to the adequacy of policies,
procedures, disciplinary rules and regulations, or training needs of law
enforcement personnel.
BY ORDER OF:
Jerome G. Boles, II
Chief of Police
4 05/28/97
MEMORANDUM
TO: Mayor David Hollister
City Clerk
City Council Members
FROM: Chief Jerry Boles
DATE: May 28, 1997
RE: Revised Board Policy
At its last meeting on May 20, 1997, the Board of Police Commissioners voted to amend
Administrative Policy ##A10/A79-5 (Police Board Meetings). The major changes to this policy
deal with section VII - Critical Incident Briefings and VIII Disciplinary Review. A copy of the
revised policy is attached.
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ADMINISTKATIVE PROCEDURES
SUBJECT
POLICE BOARD MEETINGS -�
DATE OF ISSUE EFFECTIVE DATE RESCINDS NO
JUNE 19 1990 JULY 1 1990 FEB 4 1985 COOLY REVISED 7q-AB
I. PURPOSE
The purpose of this Administrative Procedure Is to establish the manner in which Police Board
meetings are scheduled and the order in which they are to be conducted,
II. SCHEDULING
A. The Police Boa"Fd shall schedule their regular monthly meetings on the third Tuesday of
each month at 5:30 p.m,
B. In the case of a special meeting, which may be called by the Board Chairperson,
Vice-Chairperson or Acting Chairperson, each board member shall be notified in advance of
the time and place of such meeting.
C. All meetings of the Police Board shall be governed by the Open Meetings Act of 1976, P.A.
267, MCLA 15.261; VISA 4.1800. Public notice of meetings shall be given in accordance
with this Act.
III. ELECTION AND TERMS OF OFFICE
A. The Board shall, at Its regular meeting in July, elect a Chairperson and Vice-Chairperson
to serve for one year terms. In the event that the July meeting Is not conducted, the
Board shall elect a Chairperson and Vice-Chairperson at the next meeting conducted by the
Board. In such a -.situation, the Incumbent officers shall retain the positions and
discharge applicable responsibilities until the nett election.
B. Any member of the Board is eligible for election or re-election, however, no member may
be elected to the position of Chairperson for more than three (3) consecutive terms.
C. The Chairperson shall preside at all Board meetings. In the event the Chairperson is
absent, the Vice-Chairperson shall preside. If both officers are absent, the members
present shall elect an Acting Chairperson to preside at that meeting only.
D. If the Chairperson position becomes vacant prior to the end of a term, the
Vice-Chairperson shall become Chairperson for the remainder of the term. The Board may
elect a new Vice-Chairperson to complete such a term.
IV. CHAIRPERSON'S RESPONSIBILITIES
A. The Chairperson shall appoint such standing committees as are necessary to perform the
administrative duties of the Board.
B. In addition to presiding at all Board meetings as described in Section III. C., the
Chairperson shall perform all the duties of Board Chairperson as may be necessary or as
described in this procedure.
V. TERMS, QUORUM, AND ATTENDANCE
A. Elected officers of the Board shall serve for one year terms, or until they are replaced
in an election described in Section III of this procedure. Committee appointments are
for one year terms, or until replaced by a newly elected or re-elected Chairperson.
B. A quorum at all meetings shall consist of five members of the Board.
C. Attendance: The. Lansing City Charter provides that "The rules shall define the extent to
which non-attendance at meetings may be grounds for removal from office." (City Charter
Section 5-105.7).
79-A5-1
�_
!I
1. The Board secretary shall record the attendance of members at every regularly
scheduled or special Board meeting, and maintain attendance records for the Board.
2. A violation of either of the following attendance requirements may constitute
grounds for removal from office.
- a. Absence from three consecutive regularly scheduled meetings.
b. Absence from four or more regularly scheduled meetings In any fiscal year.
3. In the event that a meeting is cancelled in advance, by the Chairperson or
Vice-Chairperson, due to an expected lack of a quorum, those Board members who
Indicate their availability to the Board Secretary shall not be considered absent.
In order to be considered not absent under this subsection, the Board member shall
notify, or cause to be notified, the Board's Secretary of their availability for the
meeting by:2:00 P.M. on the meeting date.
D. In the event that the attendance policy (outlined In Section V. [C.)[2,)) is violated,
the Board Chairperson shall cause a written notice of the violation to be submitted to
the Mayor. In the event that the Chairperson is In violation, the Vice-Chairperson
shall cause the same notification to be submitted.
E. In addition to the above notification, the Board may, within Its discretion, Include a
recommendation to the Mayor regarding a proposed sanction or solution for the attendance
violation. In the alternative, the Board may also submit a recommendation that no
action be taken due to any mitigating circumstance. In either case, the content of the
recommendation must be approved by a majority of the members serving. A notification of
violation shall be submitted regardless of whether the Board decides to include a
recommendation.
VI. BOARD SECRETARY
The Board shall appoint a secretary or secretaries to record the proceedings of all
meetings. The Board Secretary shall submit a copy of this record to the City Clerk within
seven days of the meeting.
BY ORDER OF:
CHARLES REIFSNYDER
CHIEF OF POLICE
i
79-A5-2
I
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