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HomeMy WebLinkAboutGeneralOrders-Police-1976 GENERAL ORDERS "Rules and Regulations" p a- m u: -t. rn GENERAL ORDERS "Rules and Regulations" TABLE OF CONTENTS . . , , . , , , , , i, ii, iii, iv CODE OF ETHICS . . . . . . . . . . . . . . . . . . v PREAMBLE . . . . . . . . . . . . . . . . . . . vi FOREWORD . . . . , I. COMMAND ORGANIZATION . . . . . . . . . . . . . 1 A. STRUCTURE . . . . . . . . . . . . . . . . l B. AUTHORITY . . . . . . . . . . . . . . . . 1 C. RESPONSIBILITIES OF DIVISION COMMANDERS 2 D. RESPONSIBILITIES OF BUREAU AND PLATOON COMMANDERS . . . . . . . . . . . . . . . . 2 II. GENERAL RULES . . . . . . . . . . . . . . 3 A. ASSIGNMENT . . . . . . . . . . . . . . . 3 B. TELEPHONE . . . . . . . . . . . . . . . 4 C. IDENTIFICATION . . . . . . . . . . . . . . 4 D. RESIGNATIONS . . . . . . . . . . . . . . . 4 E. CONFIDENTIAL INFORMATION . . . . . . . . . 4 F. LAWSUITS . . . . . . . . . . . . . . . . . 5 G. REWARDS . . . . . . . . . . . . . . . . . 5 i B. CHIEF OF POLICE . . . . . . . . . . . . . 21 C. BOARD OF POLICE COMMISSIONERS . . . . . . 21 D. APPEAL . . . . . . . . . . . . . . . . . . 21 XII. HEARINGS BEFORE THE CHIEF OF POLICE . . . 22 A. SCHEDULING • • • • • • . . . . . . . . . . 22 B. PROCEEDINGS . . . . . . . . . . . . . . . 22 XIII . HEARINGS BEFORE THE BOARD OF POLICE COMMISSINERS . . . . . . . . . . . . . . . . 23 A. SCHEDULING . . . . . . . . . . . . . . . . 23 B. PROCEEDINGS . . . . . . . . . . . . . . . 23 XIV. SUSPENSION . . . . . . . . . . . . . . . . . . 24 XV. DEFINITIONS . . . . . . . . . . . . . . . . . 25 A. STANDARD OF TERMINOLOGY . . . . . . . 25 B. DEPARTMENTAL STRUCTURE . . . . . . . . . . 25 C. PERSONNEL . . . . . . . . . . . . . . . . 26 D. ORDERS . . . . . . . . . . . . . . . . . . 27 E. PERSONNEL ADMI14ISTRATION . . . . . . . _ . 27 iv VII. FIREAR14S , , , , , , , , , , , , , , , , , , 13 A. RULES . . . . . . . . . . . . . . . . . . 13 B. RESPONSIBILITY . . . . . . . . . . . . . . 14 C. WAR14ING SHOTS . . . . . . . . . . . . . . 14 D. USE OF . . . . . . . . . . . . . . . . . . 14 E. SHALL NOT USE . . . . . . . . . . . . . . 15 F. REPORTING USE OF . . . . . . . . . . . . . 15 VIII. DUTY RULES . . . . . . . . . . . . . . . . 16 A. APPEARANCE . . . . . . . . . . . . . . . . 16 B. REPORTING . . . . . . . . . . . . . . . . 16 C. ORDERS . . . . . . . . . . . . . . . . . . 17 D. RADIO . . . . . . . . . . . . . . . . . . 17 IX. ARRESTS . . . . . . . . . . . . . . . . . . . 18 A. RULES . . . . . . . . . . . . . . . . . . 18 B. BOOKING DESK • • • . . . . . . . . . . . . 18 C. PRISONERS . . . . . . . . . . . . . . . . 19 X. DISCIPLI,NARY CODE . . . . . . . . . . . . . . 20 XI. DISCIPLINARY ACTION . . . . . . . . . . . . . 20 A. COMMAND OFFICERS . . . . . . . . . . . . . 20 iii B. CHIEF OF POLICE . . . . . . . . . . . . . 21 C. BOARD OF POLICE COMMISSIONERS . . . . . . 21 D. APPEAL . . . . . . . . . . . . . . . . . . 21 XII. HEARINGS BEFORE THE CHIEF OF POLICE . . . 22 A. SCHEDULING • • • • 22 B. PROCEEDINGS . . . . . . . . . . . . . . . 22 XIII. HEARINGS BEFORE THE BOARD OF POLICE COMMISSMNERS . . . . . . . . . . . . . . . . 23 A. SCHEDULING . . . . . . . . . . . . . . . . 23 B. PROCEEDINGS . . . . . . . . . . . . . . . 23 XIV. SUSPENSION . . . . . . . . . . . . . . . . . . 24 XV. DEFINITIONS . . . . . . . . . . . . . . . . . 25 A. STANDARD OF TERMINOLOGY . . . . . . . 25 B. DEPARTMENTAL STRUCTURE . . . . . . . . . . 25 C. PERSONNEL . . . . . . . . . . . . . . . . 26 D. ORDERS . . . . . . . . . . . . . . . . . 27 E. PERSONNEL ADMINISTRATION . . . . . . . . . 27 iv LAW ENFORCEMENT CODE OF ETHICS AS A LAW ENFORCEMENT OFFICER, my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all men to liberty, equality and justice. I WILL keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official Zife, I will be exemplary in obeying the laws of the land and the regulations of my depart- ment. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty. I WILL never act officiously or permit feelings, prejudices, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and approprzateZy with- out fear or favor, malice or ill will, never employ- ing unnecessary force or violence and never accept- ing gratuities. I RECOGNIZE the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession . . . law enforcement. v P R E A M B L E BY VIRTUE OF THE AUTHORITY VESTED IN THEM BY LAW, THE BOARD OF POLICE COMMISSIONERS HEREBY ADOPT THESE REVISED RULES AND REGULATIONS FOR THE GOVERNMENT OF THE MEMBERS OF THE LANSING POLICE DEPARTMENT. THE RIGHT IS RESERVED, FOR THE GOOD OF THE SERVICE, TO AMEND OR REVOKE ANY OF THESE OR PARTS THEREOF, OR TO MAKE ADDITIONS THERETO AS CIRCUMSTANCES MAY REQUIRE. MEMBERS OF THE DEPART— MENT WILL UNDERSTAND THAT NO ARBITRARY RULES CAN BE ESTABLISHED WHICH WILL EMBRACE ALL POSSIBLE SITUATIONS. IN THE GENERAL DISCHARGE OF DUTY, SOMETHI14G MUST BE LEFT TO THE DISCRETIO14 ANO SOUND JUDGEMENT OF THE INDIVIDUAL. ADOPTED BY THE BOARD OF POLICE COMMISSIONERS April 15, 1975 THESE RULES AND REGULATIONS SHALL BE EFFECTIVE JULY 1 , 1975. ON THE EFFECTIVE DATE, THESE RULES AND REGULA— TIONS SUPERCEDE PREVIOUSLY ISSUED RULES ANO REGULA— TIOidS WHICH CONTRADICT OR CONF WITH THEM 4—), �9L THOMAS W. 0°TOOLE CHIEF OF POLICE v% FOREWORD These Rules and Regulations are published for the government and guidance of the members of the Lansing Police Department. To command respect and confidence of the public it serves, any law enforce- ment agency must maintain a high level of personal and official integrity. It is for this reason that this is published. Each Rules and Regulations manual is serial numbered and every member is required to acknowl- edge receipt in writing, and sign a certification that he has read and understands its provisions within 30 days of receipt. Members will be responsible for keeping the manual current and in good condition. Changing circumstances will require additions , revocations and amendments. Any changes to be made will be sent to each member in the form of loose-leaf pages. These pages will be inserted in their proper place, and the obsolete pages destroyed. Inspections can be anticipated to verify the members' compliance in this regard. Upon separation from the service, the Rules and Regulations manual shall be surrendered to the Quartermaster Office in reasonably good condition. This manual provides a clear guide to acceptable standards of conduct and professional integrity. Public trust is built on the respect inspired by out- standing service. In discharging our responsibil- ities, let us heed to the high ideals of the profes- sional police service to avoid a breach of this trust. 4L Thomas W. O'Toole Chief of Police Vii I. ORGANIZATION A. RANK STRUCTURE 1. Chief of Police 2. Assistant Chief 3. Deputy Chief 4. Captain 5. 1st Lieutenant 6. 2nd Lieutenant 7. Sergeant 8. Detective/Corporal g. Officer 10. Parks Security Officer Level II and 11. Parks Security Officer Level I B. AUTHORITY 1. A command officer shall be construed to mean an officer who has attained the minimum rank of Sergeant or above. 2. Any officer im the department is con- sidered a command officer in the absence of a ranking officer when, by virtue of seniority, he is required to act as a command officer. 3. A command officer shall never counter- mand the orders of a superior officer without a good cause. 4. All Parks Security Officers are sub- ject to the supervision and control of the Lansing Police Department command officers. 1 C. RESPONSIBILITIES OF DIVISION COMMANDERS 1 . A division commander shall be responsible for the assignment of personnel under his command to implement the functions of his division and the department. 2. A division commander shall be responsible to keep a record of all personnel attend- ance, overtime, court time, leave days , t vacation days, leaves of absence, and suspensions . 3. A division commander shall be responsible for the supervision of his bureau com- manders so that all assigned and delegated duties are carried out promptly, accurately, and completely. 4. A division commander shall be responsible for the efficient use and proper care of department equipment and supplies assigned to his command. 5. A division commander shall be responsible for the good order and cleanliness of the portions of the police building under his command. D. RESPONSIBILITIES OF BUREAU AND PLATOON COMMANDERS 1 . A commander shall be responsible for the duties, records and services delegated to him by his division commander and other superiors. 2. A commander shall be responsible for the supervision of his personnel so that all assignments and delegated duties are carried out promptly, accurately, and com- pletely. 3. A commander shall be responsible for the inspection and appearance of personnel under his command. 2 2. A commander shall be responsible for the supervision of his personnel so that all assignments and delegated duties are carried out promptly, accurately, and completely. 3. A commander shall be responsible for the investigation of all suspected cases of malingering. 4. A commander shall be responsible for the in- spection and appearance of personnel under his command. 5. A commander shall be responsible for the ob- servation of probationary officers assigned to his command and, prior to the expiration of the probationary period, shall forward to the Chief of Police a probationary report covering all aspects of the probationer's ability to perform police work. 6. A commander shall be responsible for the en- forcement of rules, regulations, and poli- cies and procedures. II . GENERAL RULES A. ASSIGNMENT 1 . Members of the department shall have regular duty hours assigned to them for active duty. 2. When a condition exists that is deemed to be an emergency, regular duty hours may be ex- tended or rescheduled. 3. Leave days and vacation days may be postponed or rescheduled. 3 4. An officer, awhile not on active duty, shall not be relieved of the duty of taking proper action on police matters of serious nature coming to his attention within this juris- diction. B. TELEPHONE 1 . Each member shall have a telephone at his residence. 2. Each member shall forthwith notify Personnel and Training Division of any change in ad- dress, telephone number, marital status, dependents, or beneficiary. C. IDENTIFICATION 1 . An officer shall carry his identification card at all times. 2. An office; shall wear or carry his badge while on duty, as his assignment dictates. 3. An officer shall never e:,change or loan his badge or identification card. D. RESIGNATIONS A comber resigning from the department shall formard a written resignation to Personnel and Training Division at lease two weeks prior to the effective date. E. CONFIDENTIAL INFORMATION 1 . A member shall not alter, destroy, or perma- nently remove any official record or docu- ment. 2. The member shall treat as confidential the official business and official records of the Police Department and release informa- tion only as authorized by departmental rule , procedure, by law, or by competent authority. 3. Prior criminal records shall not be released to any person except the subject himself or an official law enforcement agency, unless authorized by the Chief of Police. F. LAWSUITS 1 . A member shall not institute any civil action arising out of his official duties without notifying the Chief of Police. 2. A member shall not accept or agree to accept any money or compensation for damages or expenses incurred in the line of duty with- out approval of the Chief of Police. 3. A member who has a damage suit filed against him, arising out of his official duties, shall forthwith notify the Chief of Police and provide him with a copy of the complaint. G. REWARDS 1 . A member receiving any reward for police ser- vice rendered shall forward the reward and a written report to the Chief of Police. 2. Rewards ; if approved, will be accepted and dispersed at the discretion of the Board of Police Commissioners. 5 H. SUBPOENAS 1 . A member shall appear in court on the date, time, and place specified on his subpoena. 2. A member subpoenaed by a defendant in a criminal trial or litigation against the City or the Police Department shall notify the Chief of Police and either the prosecutor or the city attorney, whichever is applicable. I . COURT 1 . A member appearing in court shall be subject to the appearance rule as specified in "Basic Rules for Personnel . " 2. Acceptable attire thall consist of the regu- lation uniform, business suit, or a sport coat and dress slacks. 3. A member shall maintain a dignified and official attitude in the court area, the court room, and on the witness stand. 4. A member shall obtain all reports and forms required prior to court time, and he shall be responsible for their return. 5. A member shall allow time for case discus- sion with the prosecutor and other officers prior to court time. J. COMPLAINTS 1 . A member receiving a complaint against de- partmental personnel shall receive such complaint in its entirety. The complaint and/or the complainant shall be referred to the involved person°s command officer. 6 2. A member making a complaint against another member shall discuss the complaint with his command officer. III. POLICE PROPERTY A. RESPONSIBILITY 1 . Each member shall be responsible for the proper care of Police Department property. 2, Police property shall be construed to mean property the Police Department has the authority to manage, direct, superintend, regulate, govern, administer, or oversee. 3. A member shall immediately report to his command any defect or hazardous condition in the equipment assigned to him. B. UNIFORMS 1 . Uniforms and equipment are police property and will be furnished and replaced by the department. 2. A member shall keep his uniforms and equip- ment ready for inspection at all times. 3. A member shall wear his uniform as specified in the procedure, "Wearing of the Uniform. " 4. A member shall not attend places of amusement while in uniform, except on police business. 5. A member while in uniform, on or off duty, shall never purchase or consume intoxicants. 7 6. A member when leaving the department shall return to the Quartermaster Property Unit all issued uniforms and equipment, clean and in good repair. 7. A member may be subject to reimbursement charges and/or disciplinary action, at the discretion of the Chief of Police, for the damage to or loss of department property due to his carelessness. C. BUILDING 1 . A member shall not mark, deface, or affix anything to the walls of the building without permission from the Chief of Police. 2. Bulletin boards are located throughout the building to keep members aware of official notices, orders and changes. 3. A member shall not alter, deface, or mark upon any official notice posted on the bulletin boards. 4. A member shall maintain his desk and locker in a neat and orderly manner, subject to in- spection by a command officer upon notifica- tion or for just cause. IV. CONDUCT A. GENERAL 1 . A member shall conduct himself so as not to bring discredit to the department. 2. A member shall refrain from becoming offi- cially involved in neighborhood disputes, unless an emergency exists. 8 3. A member committing a violation of the law which would make him subject to physical arrest may be subject to disciplinary action. 4. A command officer shall never belittle a seemingly trivial question, request, or sug- gestion. 5. A member when dealing with the public shall be patient, courteous , and respectful . 6. A member shall avoid any acts that could be construed as persecution in performing his duties. 7. A member shall give his name, rank, and/or badge number when requested. 8. A member in uniform shall not smoke while actively engaged with the public in a service assignment. 9. An officer shall patrol his assigned beat. or district, being constantly alert and watch- ful for needed police services. 10. An officer shall act promptly and decisively at scenes of crimes, disorders, accidents, disasters, and all situations requiring police action. 11 . An officer shall notify or cause the dis- patcher to be notified of any immediate or impending emergency. 12. Any member found guilty of cowardice or neglect or duty shall be subject to disci- plinary action. 9 13. An officer shall make reports promptly, accurate, and completely. All reports shall be turned in before going off duty. 14. A member shall not knowingly make a false report, either oral or written. 15. An officer shall remain at his assignment until properly relieved or until dismissed by a command officer. 15. A member shall immediately report any personal injury he receives in the line of duty. B. PERSONAL 1 . Members shall treat each other and the public in a courteous , dignified and respectful manner. 2. An officer shall obtain permission from the Chief of Police before taking outside employ- ment. 3. A member shall not maliciously criticize the department or its members. C. SOLICITING 1 . A member shall not solicit for any organiza- tion where he represents himself as a member of the Lansing Police Department unless he has permission from the Chief of Police. 2. A member shall not solicit or accept, directly or indirectly, any bribe, gift, service, loan, fee, discount, or anything of value for services rendered in his official capacity as a member of the department. 10 3. A member shall not solicit the aid or inter- vention of any member of the Board of Police Commissioners or persons outside the depart- ment for purposes of preferential treatment or advancement within the department. 4. A member shall not endorse any product or service which may allude to his employment with the department without authorization by the Chief of Police. D. POLITICAL 1 . A member shall not use the influence of his position with the department for political purposes. 2. A member shall not hold a political position imcompatible or conflicting in interest with his duties as a police officer. V. COMMUNICATIONS A. PUBLIC SPEAKING 1 . A member shall not make speeches before public or private groups as a representative of the police department without authoriza- tion of the Chief of Police or his designee. 2. All requests for speakers will be directed to the Personnel and Training Division. 3. Speeches will never ridicule or maliciously criticize the department, or express opin- ions on controversial issues to the detri- ment of the department. 11 B. CORRESPONDENCE All correspondence issued on behalf of the Police Department shall be sent by the Chief of Police, or with his consent. Copies of all such corre- spondence shall be forwarded to the Administra- tion Office. VI. POLICE VEHICLES A. NORMAL OPERATION 1 . A member shall not operate a department motor vehicle without a valid operator's license in his possession. 2. A member is restricted to operation of a police vehicle within the City of Lansing unless authorized otherwise, or an immediate official police function requires him to leave the city limits. 3. A member leaving the city limits on an emer- gency with a police vehicle shall notify the dispatcher, giving his location. The dis- patcher shall be notified upon his return to the city. 4. An off-duty member shall not be transported in a police vehicle except when authorized by a command officer. 5. Non-members will not be transported unless it is an emergency, an official duty, or it is authorized by a command officer. The dispatcher will be notified of all non- member transports. 6. An officer on routine patrol or on a non- emergency call will observe all traffic laws, rules of courtesy, and safe driving practices. 12 7. A member shall imrndiately notify the dis- patcher if he is involved in an accident with a police vehicle and shall submit a detailed written report. B. EMERGENCY OPERATION 1 . An officer shall always weigh the risks involved in pursuit driving against the nature of the offense and the need for imme� diate apprehension. 2. Pursuit driving shall always be terminated when the officer's safety or the safety of others is jeopardized. 3. An officer responding to an emergency call shall not drive at a speed greater than what will allow him to maintain complete control of his vehicle at all times. 4. On emergency calls, controlled and non- controlled intersections shall not be entered unless night-of-way has been yielded and safety is assured. C. VEHICLE PARKING Whenever a police vehicle is parked or stopped beyond the physical control of police personnel , regardless of where, the keys will be removed, the windows up, and the doors locked. VII. FIREARMS A. RULES 1 . An officer shall never draw or display his firearm except when necessary for official use. 13 2. An officer shall participate in departmental firearms training programs and shall attain the minimum qualification scores required. 3. An officer shall not tamper with the firing mechanism of an issued firearm. 4. An officer shall not substitute another fire- arm for his issued firearm while on duty. An officer may carry a department approved, per- sonal firearm concealed on his person while on duty. 5. An officer shall carry a department approved , concealed firearm in the City of Lansing when off duty, except on his own premises, or when it would be socially unacceptable. B. RESPONSIBILITY An officer will never have a greater responsi - bility than the decision of whether to use a firearm. Discretion and sound judgment will be used by the officer. C. 14ARNING SHOTS Officers shall not, at any time, fire warning shots. D. USE OF An officer may use a firearm in the following cases, but only as a last resort: 1 . When necessary to save his own life. 2. To protect himself from a felonious assault which is likely to have serious results. 14 3. To protect a prisoner, fellow officer, or a citizen from a felonious assault, in his presence, which is likely to have serious results. 4. When the officer discovers a person com- mitting or about to commit a felony danger- ous to human life, and all other mans of prevention would be too slow, ineffective, or hazardous to the victim or the officer. 5. When the officer has the lawful authority to arrest a person for the commission of a felony, the felon is attempting to escape, and the felon is likely to go unapprehended. E. SHALL NOT USE Regardless of the provisions of Section D above, an officer shall never discharge his firearm in the following cases, except in defense of self or another from felonious assault which is likely to have serious results: 1 . Against a person attempting to escape from a misdemeanor charge. 2. Against a known juvenile, attempting to escape. 3. When pursuing a stolen car, since the major- ity of car thefts are committed by juveniles. 4. Solely because a person fails to stop on command or runs a blockade. F. REPORTING USE OF 1 . An officer involved in a shooting that causes injury or death shall be relieved of field duties , pending official investigation. 15 2. An officer shall make a written, detailed report of the cause or reason for any acci- dental or intentional discharge of a firearm before being relieved of duty. 3. The officer's commanding officer shall inves- tigate the incident, submit his own written report, and before being relieved of duty, he shall ascertain that all reports are for- warded to the division commander without delay. VIII. DUTY RULES A. APPEARANCE A member shall be neat and clean (while in uniform or plainclothes), clean shaven, and reasonable in his hair style unless his duty assignment deems otherwise. B. REPORTING 1 . A member shall be punctual in reporting for duty. A uniformed officer shall report for roll call , properly uniformed and equipped. 2. The odor or alcoholic beverages or being under the influence of any intoxicant or controlled substance when reporting for duty, or while on duty shall be deemed prima facia evidence that an officer is unfit for duty. 3. A member receiving or possessing facts or in- formation relative to a criminal offense or case shall not retain the information for personal motives but shall report such facts through official channels. 16 C. ORDERS 1 . A member shall obey and execute any lawful order emanating from a senior or superior officer. 2. A member shall obey and execute any lawful order emanating from a member of equal or lower rank when such member is acting on the orders of a superior. 3. Any member receiving an unlawful or improper order shall report, in writing, all facts concerning the incident to the Chief of Police. 4. An officer shall acknowledge receipt of and respond to all lawful orders received by radio. 5. Fai1u -e or deliberate refusal of any member to obey a lawful order or ridicule a superior officer of his orders shall constitute insub- ordination. D. RADIO 1 . A �c.amber operating the police radio from the cGuu-nuni cationssection , a mobile unit, or a portable unit shall observe all departmental and Federal Communications regulations. 2. An officer shall not tamper with or attempt to repair police radio units. 3. An officer shall not intentionally fail to answer his radio. 17 IX. ARRESTS A. RULES 1 . An officer, when making an arrest, shall not use more force than is necessary to complete the arrest. 2. An officer shall carefully search all pris- oners or suspects at the time and place of arrest. 3. Prisoners shall be searched by officers, matrons, technicians, or other police employ- ees of the same sex whenever practical . 4. An officer shall submit a written report when, in his official duties, he strikes another person, injures the person, or an injury may result from the force used. 5. An officer shall not subject a prisoner to more restraint than is necessary to prevent escape, prevent self injury, provide safe transportation, and protect the officers involved. 6. An officer shall transport all prisoners promptly and directly to Police Headquarters, except if said prisoner's condition warrants immediate medical attention. B. BOOKING JESK 1 . Prisoners will be searched at the booking desk by the arresting officer or matron, whichever is appropriate when available. 18 2. An arresting officer will remain with his prisoners until they are booked in and placed in a cell ; unless he is relieved by the detention officer. 3. An officer shall not carry a firearm into the detention section. Firearms will be depos- ited with the detention officer and locked in the gun drawer. C. PRISONERS 1 . An officer shall take all necessary precau- tions to protect a prisoner's property. 2. Prisoners shall be treated in a fair and humane manner. They will not be humiliated, taunted, or embarrassed. 3. A member shall not accept any gift from a prisoner, suspect, or person involved in any criminal case. 4. A member shall not act as a bailor for any prisoner in custody. Bail will be set and accepted only by an officer whose assignment authorizes it. 5. A member shall not recommend the services of any specific attorney or bondsman to persons he comes in contact with during his official duties. 19 a . "Warning Shots" shall not be fired by any member of the Lansing Police Department. b. An officer shall be armed at all times, when on duty with his/her service revolver; or other weapon as outlined in the Operational Procedures Manual or as approved by the officer' s supervisor. C. An officer shall have all personal handguns registered with the Central Records Division of the Department. d. An officer shall carry a Department approved concealed firearm in the City of Lansing when off-duty, except on his/her own premises, or when it would be socially unacceptable. e. An officer shall , at the Department 's range, fire their off-duty weapon(s) twice per year and have them inspected by the firearms officer. f. An officer shall participate in departmental firearms training programs and shall attain the minimum qualification scores required. g. An officer shall never draw or display his firearm except when necessary for official use. h. An officer may carry a Department approved, personal firearm concealed on his person while on duty as a second weapon. i . An officer shall not carry a weapon of less than .25 caliber. j . Parks Security Officers (by contract) are not required to carry a weapon when off- duty. However, if they elect to carry a weapon off-duty they shall conform to all rules , regulations and procedures of the Department. 19a X. DISCIPLINARY CODE A. All members of the Lansing Police Department, regardless of rank or classification, may be subject to disciplinary action fc the viola- tion of any general order, rule, regulation or procedure, incompetence, neglect of duty, failure to obey a lawful order, insubordination, commis- sion of any criminal offense, discreditable conduct, or conduct subversive to good order. B. Any member of the department who assists or advises another member in the violation of any of the provisions of Section A above may be subject to disciplinary action. C. It is the duty of every member to know the rules , general orders, regulations, and procedures of the department. In the event of a violation, it shall be assumed that the member was familiar with the violated rule, general order, regula- tion, or procedure. D. A member shall report through proper channels any violation of law, general orders, rules, regulation or procedure that is brought to his attention or any violation he has personal knowledge of having been committed by any member of the department. XI. DISCIPLINARY ACTION Penalties assessed are restricted to the following levels of authority. A. COKIAND OFFICERS 1 . Oral reprimand. 2. Written reprimand. 20 3. Temporary suspension until a hearing before the Division Command, Chief of Police or the Board of Police Commissioners. B. CHIEF OF POLICE 1 . All actions allowable to Command Officers. 2. Postponement of salary increments. 3. Suspension for a maximum of ten days. 4. Assessment of reimbursement charges for damage to or loss of departmental property due to a members carelessness. C. BOARD OF POLICE COMMISSIONERS 1 . All actions allowable to the Chief of Police. 2. Suspension for an unlimited period. 3. Reduction in grade. 4. Dismissal . D. APPEAL 1 . The officer charged shall have the right to appeal a disciplinary action imposed by a Command Officer to the Chief of Police. 2. The officer charged shall have the right to appeal a disciplinary action imposed by the Chief of Police to the Board of Police Commissioners. 21 3. A civilian member charged shall have the right to appeal a disciplinary action imposed by the Chief of Police to the Board of Police Commissioners. 4. A civilian member charged shall have the right to appeal a disciplinary action by the Chief of Police to the City Personnel Director. XII. HEARINGS BEFORE THE CHIEF OF POLICE A. SCHEDULING 1 . The Chief of Police may assess penalties or order the member charged to appear directly before the Board of Police Corvrissioners. 2. The Chief of Police shall render a decision as soon as practicable or schedule a hearing following an offense or a temporary suspen- sion. 3. Scheduling shall be made to exclude weekends and holidays and also to allow for extenuat- ing circumstances. B. PROCEEDINGS 1 . The Chief of Police shall conduct his hear- ings in private. 2. The Chief of Police shall listen to any and all witnesses presented. 3. The member charged shall have an opportunity to be heard in his own defense and may have legal or contractual representation. 22 XIII. HEARINGS BEFORE THE BOARD OF POLICE COMMISSIONERS A. SCHEDULING The Chief of Police shall arrange the date and time of the hearing with the Board of Police Commissioners and so notify the accused member. B. PROCEEDINGS 1 . Proceedings of the Board of Police Commis- sioners are in the nature of a private departmental investigation rather than a court hearing. 2. The proceedings shall be conducted without strict adherence to the rules of evidence. 3. The hearing shall be private and not open to the public. 4. The accused person shall have the right to produce any witnesses to testify in his behalf. 5. The accused person or his representative shall have the right to examine or cross examine any and all witnesses. 6. The accused person shall have the right to make any statement or explanation that he wishes. 7. The accused person shall be given an oppor- tunity to answer any questions the committee may ask him. 23 2. Division - A functional unit of the Police Department. 3. Bureau - A functional unit of a division. 4. Platoon - A functional unit of a bureau. 5. Unit or Section - A functional segment of a bureau. 6. Shift - The period of time, day or night, a member is assigned to active duty. 7. District - A geographical area of the city as divided for assignment purposes. 8. Beat - A geographical area of the city as divided for assignment purposes. 9. Post - A fixed point or location to which a person is assigned. 10. Headquarters - The Lansing Police Building. 11. Garage - Police Maintenance Garage. 12. Radio Lab - Police Radio Repair & Maintenance. C. PERSONNEL 1. Employee - A person working at a regular fulltime employment with the Department. 2. Civilian Employee - A member of the Depart- ment who does not have police powers. 3. Officer - A member of the Department who has taken the oath of office and is authorized to exercise police powers. 24 XIV. SUSPENSION A. A suspended member shall surrender the following equipment to his commanding officer: badge, cap badge, identification card, revolver, handcuffs, and keys. B. The suspended member shall not wear the uniform or any parts of it during the period of suspen- sion. C. The suspended member shall not receive any com- pensation during the period of suspension, unless ordered by the Chief of Police of the Board of Police Commissioners. 24 XV. DEFINITIONS A. STANDARD OF TERMINOLOGY 1 . Shall and Will - Shall indicate the action is mandatory. 2. Tense - Words used in the present tense shall include the future. 3. Plurality - The singular shall include the p url al and vice versa. 4. Gender - The masculine gender shall include the feminine gender. 5. Department - Department shall mean the Lansing Police Department. B. DEPARTMENTAL STRUCTURE 1 . The Board - The Board of Police Commis- sioners. 2. Division - A functional unit of the Police Department. 3. Bureau - A functional unit of a division. 4. Platoon - A functional unit of a bureau. 5. Shift - The period of time, day or night, a me— mFer is assigned to active duty. 6. District - A geographical area of the city as�ivi'aed for assignment purposes. 7. Beat - A geographical area of the city as divided for assignment purposes. 25 8. Post - A fixed point or location to which a person is assigned. 9. Headquarters - The Lansing Police Building. 10. Garage - Police Maintenance Garage. 11 . Radio Lab - Police Radio Repair and Mainte- nance. C. PERSONNEL 1 . Civilian Employee - A member of the depart- ment who does not have police powers. 2. Officer - A member of the department who has taken the oath of office and is authorized to exercise police powers. 3. Member - All persons on the Police Depart- ment payroll . D. ORDERS 1 . Order - An instruction of command, eitTer written or oral , by a superior officer to a subordinate. 2. General Order - A written order issued by the Chlef of Police governing an operational procedure, an administra- tive function, or a rule and regula- tion of the Police .Department. 3. Special Order - Written order issued by the Chief of Police usually bearing upon some specific circumstances or sit- uation, usually of a temporary nature. 26 E. PERSONNEL ADMINISTRATION 1 . Appeal - The right to have a case heard by a higher authority. 2. Bribe - Morey or favor bestowed or promised to a person to influence or pervert his judgment and corrupt his conduct. 3. Clean Shaven - Face hair limited to a neatly trimmed mustache that terminates vertically and laterally at the corner of the mouth; sideburns neatly trimmed without flare or "mutton chops" effect and no lower than the ear canal . 4. Demotion - To reduce or lower in grade or rangy 5. Disci linar Action - A punishment or penalty or violation of the rules, regulations, pro- cedures or orders of this department. 6. Discreditable Conduct - An act that is inju- rious to the reputat on of the member and/or the department. 7. Dismissal The act of terminating the ser- vices of a member. 8. Incompetence - Incapable of satisfactorily performing his duties. 9. Insubordination - The willful disobedience to an order lawfully issued by a superior officer, to a subordinate, or any disrespect- ful , mutinous, insoient _or abusive language used towards a superior. 27 10. Malingering - To pretend to be ill or other- w se incapacitated so as to avoid duty or work. 11 . Off Duty - That period in which an officer is not assigned to be present though tech- nically an officer is on duty at all times and subject to call . 12. On Duty - The period in which an officer is assigned to be present and actively engaged in performing his duty. 13. Reasonable in Hair Style - The length and stye of hairs a e compatible with the wearing of the uniform cap. 14. Reward - That which is given in return for some service rendered or an attainment. 15. Resignation - The voluntary termination of service to the department. 16. Salary Increment - A salary raise within a g ven classification. 17. Suspension - The temporary removal of the authority of a member of this department to perform the functions of the Lansing Police Department. 28