HomeMy WebLinkAboutBPW-06-22-94-06CPD Rules&Reg.A Resolution of the Carmel Board of Public Works and Safety
Adopting Rules and Regulations for Sworn Police Officers
for the City of Carmel, Indiana
WHEREAS, the Carmel Police Department needs Rules and Regulations
for efficient professional operation of the Department.
NOW, THEREFORE, be it resolved by the Carmel Board of Public Works
and Safety of the City of Carmel that the City of Carmel Police
Department be authorized to:
Operated under Rules and Regulations adopted by the Board of
Public Works and Safety, signed this date.
All of which is resolved this ~~ day of J ~ ~ ~ ,
1994, by the Board of Public Works and Safety of the City of
Carmel.
Board of Public Works and Safety for
the CITY OF CARMEL, INDIANA.
Mayor Ted J~hnson, Presiding Officer
Steve Brown, Member
/
Rick McKinney, / Member
DISTRIBUTION
Department
NUMBER
26.1.1 & 26.1.2
SUBJECT
RULES & REGULATIONS
# PGS.
38
DATE OF APPROVAL DATE OF ISSUE EFFECTIVE DATE
06-08-94
AMENDS
November 18, 1991
THIS ORDER CANCELS
All Previous Orders
I. PURPOSE:
To specify the Rules and Regulations governing conduct and
activities of officers of this Department.
II. POLICY:
Rules and Regulations are more than guidelines. Rules and
Regulations offer little or no flexibility and pertain to
all officers. It is the policy of this Department that the
Rules and Regulations are obeyed by all officers. Any change
in the Rules and Regulations may be accomplished through the
chain of command and the grievance procedure. (Topics in the
Rules and Regulations are also found in General Orders)
III. PROCEDURE:
A. Definitions:
1. Assistant Chief: Shall refer to the title of the sworn
officer with the second highest rank on the Department.
The officer is appointed to this position by the Chief
and serves at the pleasure of the Chief of Police.
2. Board: Whenever this term is used it shall refer to the
Board of Public Works and Safety of the City of Carmel.
3. Chain of Command: This term follows military protocol as
closely as possible and refers to command authority.
Lines of communication going downward or upward within
the organizational hierarchy through each successive
level of command.
4. Chief: This term refers to the office of the Chief of
Police and to the sworn officer appointed to that rank,
by the Mayor of the City of Carmel, whether or not the
appointment is permanent or temporary.
5. City: Wherever the word City is used in this manual, it
shall refer to and mean the land territory within the
City of Carmel.
6. Conduct Unbecoming An Officer: Any conduct, on or off
duty, which adversely affects or impairs the morale,
efficiency, or operation of the Department and any
conduct which has a tendency to adversely affect,
lower, or destroy public respect and confidence in the
department or officer.
7. County: Wherever the word County appears in this
manual, it shall refer to and mean the land territory
within Hamilton County.
8. Divisional Order: Permanent directives concerned with
policies, procedures and rules which by their nature
apply to only one Division.
9. Division Commander: A sworn officer designated by the
Chief of Police to supervise the operations of a
specific Division.
10. Field Training: A structured and closely-supervised
program provided to recruit officers to facilitate
the application of skills and knowledge obtained in
the Academy to actual performance in on-the-job
situations.
11. Field Training Officer: An officer who has been
carefully selected and trained to deliver the field
training program to recruit officers.
12. First Class Patrolman: A sworn officer with four years
of continuous service as a police officer with the
Carmel Police Department.
13. General Order: A term used to describe permanent
directives concerned with policy, rules, regulations
and procedures affecting more than one organizational
component. General Orders are issued under the authority
of the Chief of Police as approved by the Board of
works.
14. Order: An oral or written directive issued by a
superior officer, including any order relayed from a
superior by a sworn officer of the same or lesser rank.
A lawful task, assignment or request to be fully
executed.
15. Immediately: Refers to instantly, at once, without
delay, unless otherwise stated or specified.
16. Insubordination: Insubordination shall include, but
not be limited to, failure or refusal to obey a lawful
order given by a superior, violation of the chain of
command, disrespectful or insolent attitude, use of
abusive language, or other actions that interfere with
or hinder the ability of a supervisor to maintain
discipline.
17. Leave of Absence: That period during which an officer is
excused from active duty and reporting. (See also; IC36-
8-5-2)
18. Liqht duty: That period of time which an officer may be
excused from normal active duty due to physical injury
or illness. (requires a physicians statement for
assignment)
19. Maternity leave: That period of time which the officer
is excused from active duty and reporting due to
maternity reasons.
20. Memorandum: An informal, written document that may or
may not convey and order; it is generally used to
clarify, inform or inquire.
21. Off Duty: That period of time which the officer is free
from specified routine duties.
22. Officer in Charqe: Shall be any member of the Department
who is placed in a position of authority over a group of
officers or function. (Usually determined by rank and
time in grade unless protocol dictates otherwise)
23. On-Call: That period of time when an officer may be
called to duty. The officer is free to come and go at
will. However they must be able to be contacted or
respond by phone or pager and be able to respond to duty
within a reasonable time.
24. Permanent Sworn Status: The period of time after
successful completion of the Academy, the Department's
F.T.O. program and after being administered the oath of
office.
25. Policy: A written directive that is a broad statement of
agency principles. Policy statements may be
characterized by words such as "may" or "should" and
usually do not establish fixed rules or set procedures
for conduct of a particular activity, but rather provide
a framework for development of procedures and rules and
regulations.
26. Probationary Period/Status: A latter phase of a
selection process represented by some form of
conditional employment. This phase expires one year
from the administration of the oath of office,
promotion, or transfer.
27. Procedure: A written directive that is a guideline for
carrying out agency activities. Procedures sometimes
allow some latitude and discretion in carrying out an
activity.
28. Rankinq Officer/Superior: Whenever the words Ranking/
Superior officer are used they shall refer to the
officer of highest rank with time in grade. Time in
grade shall be determined by date the officer received
the oath of office (sworn officer status), date of
any promotion, or date of obtaining permanent rank.
29. Rules and Regulations: A set of specific guidelines to
which all officers must adhere.
30. Shift: A time division of the day for purposes of
assignment, such as an eight hour period. Shifts may
be consecutive eight hour periods or they may over-
lap to meet the needs of the Department or City.
31. Shift Commander: The highest ranking officer assigned to
any given tour of duty unless otherwise delegated by the
Chief of police or designee.
32. Sick Leave: That period of time an officer is excused
from active duty and reporting by reason of injury or
illness.
33. Special Assiqnment: That service or activity to which
the officer is assigned and which is not considered
regular or routine duty.
34. Special Order: A directire issued for a specific event,
normally on a one time basis and expires with the event.
35. Sworn Officer: A commissioned law enforcement officer,
subject to the oath of office and possessing those
powers and authority prescribed by constitution,
statute, or ordinance in the jurisdiction.
36. Stand-By: That period of time when an officer is not
free to come and go and must be ready to respond to
active duty.
37. Suspension: That period of time when an officers active
duty is interrupted as required by the Chief of Police
and/or Board of Works.
38. Traininq Bulletin: An informational directive or
document dealing with current issues or trends pertinent
to training and may include current schools available to
personnel.
39. Unity of Command: The concept that each officer within
the organization has one, and only one, immediate
supervisor.
40. Written Directire: Any written document used to guide or
affect the performance or conduct of agency employees.
The term includes policies, procedures, rules and
regulations, general orders, special orders,
memoranda, and training bulletins.
B. Board of Public Works and Safety: The safety board of a city
shall administer the police and fire departments of the
city, except as provided by any statute or ordinance
referred to in section 5 (IC36-8-3-5).
1. The Board of Public Works and Safety has exclusive
control over all matters and property relating to the
Department. (IC36-8-3-2)
2. The Board may purchase the equipment and supplies and
make the repairs needed in the department of public
safety. ( IC36-8-3-2 )
3. The Board may: (IC36-8-3-2)
a. Adopt rules for the government and discipline of the
police and fire departments-; and
b. Adopt general and special orders for the police and
fire departments through the chiefs'of the
departments.
4. The Board shall appoint: (IC36-8-3-3)
a. The members and other employees of the police
department other than those in an upper level
policymaking position;
b. A Quarter Master; and
c. Other officials that are necessary for public safety
purposes.
5. The Board may fix compensation for members of the
Department if the legislative body has not fixed such
compensation by ordinance before August 2nd of each year.
This compensation is subject to change by ordinance.
6. The Board, subject to ordinance, may also fix the number
of members of the Department and the number of appointees
for other purposes and may, subject to law, adopt rules
for the appointment of members of the Department and for
their government.
7. The Board shall divide the city into police precincts and
fire districts.
8. The Chief of Police has exclusive control of the
Department subject to the rules and orders of the Board.
a. Purchasinq: All purchases will be initiated by the
Chief of Police or designee. The Board may enter into
contractual agreements upon the recommendation of the
Chief.
b. Promotions: Promotions shall be recommended by the
Chief of Police according to" Promotions, Demotions,
and Transfers" policy 34.1.
c. Discipline: Actions of discipline beyond the authority
of the Chief of Police shall be referred to the Board.
Disciplinary powers of the Board are found under IC36-
8-3-4. The request for review of a written reprimand
or suspension by the Chief of Police is authorized
under IC36-8-3-4.1.
(1) The Board, police chief, and fire chief may
administer oaths to a person summoned in a
proceeding authorized by this chapter and may take
depositions under the rules or orders of the
Board.
d. Other duties: Other various duties of the Board may be
found in Burns Statutes, title 36, chapter three(3).
C. Chief of Police: The police chief has exclusive control
the police department, subject to the rules and orders of
the Board. (IC36-8-3-3 g.) (See also standard 12.1.1)
1. The Chief of Police, after appointment under statutory
authority (IC36-8-4-6.5) shall have the responsibility
for the management, direction, and control of the
operations and administration of the Department.
a. The Chief of Police may delegate authority to members
of the Staff as necessary for the proper management
and control of the Department.
b. The Chief shall structure the Department through the
establishment of an organizational chart, consisting
of four or more Divisions. They are:
(1) Uniform Division/Patrol
(2) Criminal Investigations
(3) Special Investigations
(4) Support Division
2. The Chief shall issue general orders, special orders,
directives, rules and regulations, policies and
procedures consistent with State statute and the Board of
Public Works to provide effective law enforcement.
a. All employees of the Department shall obey all lawful
orders, general orders, special orders, directives,
rules and regulations, policies and procedures, and
instructions of the Chief of Police to the best of
their ability.
b. Failure or refusal to comply with lawful orders,
directions, or instructions of the Chief of Police
shall constitute neglect or disobedience of orders.
3. The Chief of Police shall have custody and, subject to
Board approval, control of all supplies, motor equipment,
computer equipment, software, office equipment, furniture
and fixtures, building and building improvements, all
other equipment, records, evidence, found property, and
of all public property pertaining to, connected with, or
budgeted for the operation of the law enforcement
function.
a. The Chief with the assistance of the staff shall
formulate and monitor the operating budget for the
Department.
b. Annual inventory shall be taken. A copy of the
inventory of the Department shall be submitted to the
Board upon request. (includes evidence/property room)
4. Only the Chief of Police, designee or Board may initiate
purchases.
a. All purchase requests must be submitted through the
chain of command.
b. All purchase or .repair requests for amounts over one
hundred dollars ($100.00) shall be accompanied by a
signed claim, bill and purchase order.
c. All claims and purchase orders must be approved by the
Chief of Police or designee, and Board of Public
Works. ( IC 36-8-3-2 )
d. The Chief and Board shall monitor the budgeted
accounts for proper control of expenditures. The Chief
shall review a bi-monthly report of expenditures.
e. Any unauthorized expenditures shall be considered a
violation of rules and regulations.
5. The Chief shall have the power of suspension, reprimand
and forfeiture under statutory authority, IC36-8-3-4.
a. A suspension of (5) days or less shall be reviewed by
the Staff.
b. Punitive action beyond the authority of the Chief of
Police shall be referred to the Board.
c. An officer relieved of duty shall be required to
surrender any Department equipment including but not
limited to, identification, badge(s), weapon(s), and
vehicle. (See "Disciplinary Procedures", Standard
26.1.3/.4/.5/.6/.9)
D. Rules and Requlations deal with four topics:
Topic 1. Rules adopted for the efficient Administration of
the Department and that govern Conduct.
Topic 2. Rules that prescribe the care and use of
Equipment.
Topic 3. Rules associated with the custody of prisoners
and the Use of Force.
Topic 4. Uniform regulations.
1. Absence From Duty: Written directives concerning
annual leave, annual holidays, sick leave, and
compensatory time shall be followed. Unauthorized
absences shall be documented and forwarded through
the chain of command to the Division Commander.
Officers shall not feign illness or injury, falsely
report themselves ill or injured, or otherwise
deceive or attempt to deceive anyone as to the
condition of their physical or mental health. Reporting
of illness, requesting vacation time, compensatory time
or holiday leave shall be through the chain of command.
Employees claiming physical or mental incapacity relating
to their employment shall honor any request of the Chief
or designee to be periodically interviewed or examined
as to the nature and extent of the claimed incapacity.
Results of such inquiries and/or examinations shall be
made available to all parties. Failure to comply will
result in administrative action.
2. Appearance; General: (See General Orders)
3. Association/Frequentinq, Prohibited: Officers shall not
fraternize with, engage the services of, accept the
services of or do favors for persons in custody of any
law enforcement agency or correctional institution.
Continuous associations or dealings, on or off duty, with
persons whom the officer knows or should have known as
persons of questionable background, under criminal
investigation or indictment, or associations with persons
presently involved in felonious activities or past
convictions for such activities except as necessary in the
performance of official duties may result in administrative
action.
4. Attention To Duty: All officers while on duty shall
devote their full attention and time to the service and
goals of this Department and to the citizens of Carmel.
They shall remain awake and alert at all times while on
duty, ready to respond to calls for service. Officers
shall maintain radio contact with the communications
center at all times. All officers shall mark in and out of
service by unit number and location. All officers shall
mark 10-41 and 10-42. Officers shall notify the
communications center during any absences from their
vehicle by unit number, location and reason. Beepers
provided by the Department shall remain operable at all
times. It is an officers duty to ensure the operational
status of his/her beeper, especially if in on-call status.
5. Authorized Leave of Absence: Officers may be excused from
active duty and reporting with pay for a period of up to
three (3) shifts annually, for emergencies. Permission must
be obtained from the respective Division Commander. These
authorized absences may be granted for a death, critical
illness, serious injury, or other serious health condition
within the immediate family. Any extension must be
submitted through the chain of command and be approved by
the Chief. (See City of Carmel Resolution BW-8-4-93-3 for
definition of immediate family and serious health
condition; Also IC36-8-5-2; IC36-8-5-3; IC36-8-5-6;
IC36-8-5-10.
All other leaves of absence shall be taken under the guide-
lines of the Family and Medical Leave Act of 1993 and City
of Carmel/Leave of Absence Policy.
6. Chain of Command: The chain of command shall be followed
on all official communication, written or verbal.
Exceptions are limited to preventing or reporting serious
misconduct. However, the communication shall remain within
the Department.
7. Civil Disputes: Officers shall maintain a neutral position
in any dispute of a civil nature, acting only to prevent
or control any breach of peace or violation of law
committed in your presence. (Review IC9-4-8-1)
8. Command Authority: The Chief of Police is the ranking
officer of the Department. All command authority stems from
this office.
9. Command Protocol: In administrative and routine situations
involving personnel, the following order of command
authority shall be followed:
a. Chief of Police
b. Assistant Chief of Police
c. Division Commander by time in grade
d. Lieutenant by time in grade
e. Sergeant by time in grade
f. Officer first class by time in grade or designated
acting rank
A Division requesting temporary, additional manpower for a
non-routine situation shall contact the respective Division
Commander. The ranking officer involved in a non-routine
situation shall retain command unless this authority is
temporarily delegated. However, it should be understood
that the delegation of authority does not relinquish
liability or responsibility of the senior officer. The
Chief of Police may temporarily (less than 72 hours)
authorize an officer of lower rank or time in grade the
authority to command a non-routine situation.
10. Compensatory Leave: The Chief of Police or designee may
authorize compensatory leave based upon Article 3, Section
2-50 entitled "Overtime", including amendments found in the
Carmel City Code.
11. Confidentiality: Discussion of the operation and/or
official business of the department including all
department documents and orders without the permission of
the Chief of Police is prohibited. No officer shall
release, reveal, or discuss police information outside the
Department except as required by law or authorized by the
Chief of Police. Information contained in police records,
intelligence information, informants, complainants,
witnesses, IDACS or NCIC information, investigative
information, personnel information, are considered to be
confidential information. (Review "Access to Public
10
Records", IC36-14-3-1 through IC36-14-3-10)
No officer shall communicate or cause to be communicated,
by any means to any person, any information which may
assist any person to evade arrest or punishment, to prepare
for raids, to destroy or conceal potential evidence, money
or other property or information sought by the Department.
Nor shall any officer perform or attempt to perform any act
that would assist a criminal or potential criminal with any
of the foregoing acts.
12. Conflictinq Orders: Officers shall promptly obey any lawful
order of a superior, including any order relayed from a
superior by an officer of the same or lesser rank.
(See also: Standard 12.1.4 / 1.5)
a. In the event of conflicting orders the officer shall
obey and carry out the most recent order unless
retracted or modified.
(1) Officers receiving conflicting orders shall inform
the superior officer giving the most recent order
of the conflict in orders.
(2) The superior officer notified of the conflicting
order shall notify the officer issuing the prior
order of the conflict for resolution.
13. Cooperation with Personnel and or Internal Investiqations:
Officers shall cooperate with and assist each other at
every opportunity and shall not publicly criticize the work
performance of other officers. Poor work performance shall
be reported in writing to an immediate supervisor for
appropriate action.
Full cooperation with officers assigned to an internal
investigation is required. Failure to answer questions,
respond to lawful orders, and/or fully disclose material
and truthful information regarding such an inquiry shall be
cause for administrative action.
14. Court Appearance/Testimony: Officers subpoenaed or verbally
requested by the prosecutor or designee to appear in court
shall make a punctual appearance in uniform or proper
civilian attire.
Officers may respond to civil subpoena after making
notification to the respective division commander and
after advising the appropriate authority (attorney who
subpoenaed you) of your hourly wage and mileage payment
requirements.
11
Testifying, falsifying reports or conducting business in a
less than truthful and/or cooperative unbiased manner is
prohibited. This is not intended to inhibit the ability of
an officer operating undercover, normal interview and
interrogation techniques or lawful techniques used during
an investigation.
15. Courtesy: Officers shall be tactful in the performance
of their duties and are expected to exercise patience
and discretion. Officers shall treat superior officers,
subordinates and others with respect, avoiding loud,
violent, profane, or insolent language.
16. Crime Scene Investiqation: Generally, the officers assigned
to the Uniform Division will be assigned the initial case
report. Officers arriving on the scene of a crime requiring
an investigator shall aid the victim(s), determine law
violations, broadcast any pertinent information to other
units, preserve the scene, locate and separate witnesses,
complete a case report, and assist investigators. Once an
investigator arrives, command authority is deferred to the
Investigations Division for the crime scene. The ranking
uniform officer shall retain command of the off-scene
procedures such as perimeter control, k-9, initial search
for suspects, restricted radio traffic etc. (See General
Order 41.2.1 - 41.2.2, Preliminary Investigation by Patrol)
17. Death of an Officer: An "in the line of duty death"
notification shall be handled by the Chief of Police,
and Division Commander. Instructions and information
provided on the emergency information sheet shall be
followed as closely as possible. The support division
commander in conjunction with the personnel officer shall
be responsible for assisting the spouse or next of kin.
Such matters as pension benefits, federal and state death
benefits for "line of duty death", deferred compensation,
life and health insurance, counseling, burial benefits,
F.O.P. and other donations, social security benefits for
any dependent children, and veterans benefits shall be
addressed at the appropriate times. The officers shield(s),
weapons, and leather shall be retained for presentation to
the spouse or next of kin. (See IC5-10-8-2.2 and
IC5-10-10-6)
18. Deferred Compensation: (See'Carmel City Code, Chapter 2,
Section 2-56 and IC5-10-1.1-1, IC5-10-1.1-3, IC5-10-1.1-
7; a benefit.
19. Department Correspondence: Official letterhead stationery
shall only be used for official Department business.
Entering into official Department correspondence or
business without the approval of the Chief of Police or
12
designee is prohibited conduct.
20. Department Property - Loss of, Damaqe to, Negligence,
Inattention, Return of: Loss or damage to department
property or equipment due to negligence or inattention may
be charged to the officer and may result in administrative
action. Failure to immediately report all facts in
writing, any loss or damage to property and/or
equipment to your supervisor may result in administrative
action. Additionally, members shall return all equipment
owned by the City upon leaving the Department due to
retirement, resignation or other reason(s). Officers may be
ordered to turn in equipment and/or property upon being
suspended or other extended absence from duty.
21. Departmental Records, Reports, Citations, Other Documents:
Removing, altering, forging, obtaining or duplicating,
destroying or tampering with any Department documents or
files, including computer files and/or disks, or other
documents or records except by process of law in
performance of official duties is prohibited.
22. Discipline by Reprimand, Forfeiture, Suspension, Demotion,
or Dismissal: An officer may be disciplined upon either:
a. Conviction in any court of any crime; or
b. A finding and decision of the safety board that the
member has been or is guilty of any one (1) or more of
the following:
(1) Neglect of duty.
(2) A violation of rules.
(3) Neglect or disobedience of orders.
(4) Incapacity.
(5) Absence without leave.
(6) Immoral conduct.
(7) Conduct injurious to the public peace or welfare.
(8) Another breach of discipline.
(See also: IC36-8-3-4)
c. The Chief of Police has the authority to suspend with or
without pay for a period not to exceed five (5) days for
violations. Punitive action beyond the authority of the
Chief shall be referred to the Board.
d. An officer relieved of duty may be required to
surrender any and or all Department equipment.
e. Emergency suspensions (with pay) may be made by any
supervisor for violations under IC36-8-3-4. The
respective Division Commander shall be notified
immediately of any such suspension.
13
23. Druqs;Possession/Use of Controlled Substances: Officers
shall not use or possess, while on or off duty, controlled
substances except those prescribed by a licensed medical
physician for a specific medical treatment of a specific
condition. A list of prescribed medications and period of
use shall be provided to the immediate supervisor. At no
time may an officer use or be under the influence of a
controlled substance where such a use or influence impairs
or could impair the efficiency and/or integrity of the
Department.
Officers may possess controlled substances in the lawful
.course of their official duties. (evidence, training,
undercover operations etc.)
Any officer that unintentionally ingests, or is forced to
ingest a controlled substance shall, as soon as practical
notify their immediate supervisor for proper medical
attention and submit a written report as soon as practical.
24. Duty to Act: Officers shall not commit any acts or omit any
acts which constitute a violation of laws, rules and
regulations, directires, general orders, special orders, or
other orders of the Department, written or verbal.
25. Duty to Read, Understand, and Comply with Laws, Rules &
Requlations, General and Special Orders, Policies and
Procedures: Failure to read, understand or comply with all
laws, written directives of the Department, written or
verbal orders of a superior shall result in administrative
action. It may be considered neglect of duty not to inquire
as to the meaning or application of any laws, rules,
regulations, general or special orders, policies,
procedures, other directires or written and/or verbal
orders.
All officers shall become familiar with these rules and
regulations within Fifteen (!5) calendar days after they
are issued. Rules and regulations shall be reviewed
periodically by supervisors during roll call.
26. Emergency (Signal Ten) Runs: Due to the hazards of
emergency runs, these runs must be kept to a minimum.
IC9-21-17-20 establishes the due regard, due care standard
for authorized emergency vehicles. (See: IC9-19-14-5
and IC9-21-8-35.) (See also: General Order 41.2.9)
27. E~uipment; Authorized: Only issued and/or equipment
approved by the Chief of Police shall be issued, carried,
worn or used by members of this Department.
Authorized equipment shall not be altered and/or serviced
14
in any manner without the approval of the Chief of Police.
Officers shall be trained in the use of, and regulations
governing issued and/or authorized equipment prior to use.
28. Equipment; Notification of damaqe to: Whenever department-
al property, any issued equipment, or facilities become
damaged, the person responsible for the damage shall notify
his/her supervisor immediately in writing. Reports shall be
forwarded to the respective Division Commander.
In the event that department property is found damaged and
has not been previously reported, it shall be assumed that
the last person using the property or vehicle;
a. failed to inspect the property prior to its use or;
b. was responsible for the damage unless a through
investigation determines otherwise.
29. E~uipment~ Surrender of: Officers are required to surrender
all departmental property in their possession upon
separation from the Department. Failure to surrender all
property assigned will result in reimbursement to the
Department by the officer for fair market value of said
equipment. Final pay allowances will be held up until
all property is returned or payment is made for the
property.
30. Evidence and Property: Evidence or property that has been
discovered, gathered or received in connection with
departmental responsibilities shall be handled, stored
and destroyed or disposed of in accordance with established
procedures. Officers shall not convert to their own use or
the use of others, manufacture, conceal, falsify, destroy,
remove, tamper with, withhold, or otherwise alter evidence
or property. (Evidence and property is inventorled yearly)
(See Rule and Regulation #76)
31. Fees and/or Rewards: Acceptance of fees and/or rewards from
any source for any service rendered in the line of duty or
merely because of ones position or duty to act as an
officer is strictly prohibited without the knowledge and
consent of the Chief of Police.
32. Fighting: Committing battery on another employee of the
Department will result in administrative action.
33. Fin~erprintinq: Whenever an adult is arrested for a felony
or class A misdemeanor by a member of this Department, a
complete set of fingerprints will be taken and submitted to
the Support Division. All felony arrests will include one
complete set of palm prints.
15
Juvenile fingerprints shall be taken if the child is taken
into custody for an act that would be a felony if committed
by an adult and if the child is over 14 years of age when
the act was committed.
34. Filinq of Criminal Charqes: Officers shall present facts
for determination of possible filing of criminal charges.
An information or indictment to be filed by the prosecuting
attorney in a court with jurisdiction over the crime
charged, commences prosecution. Failure to present all
facts known, failure to gather all possible facts, or
failure to properly, in a timely fashion present facts for
prosecution shall be considered cause for administrative
action. (See also Title 35, Article 33, Chapters 1 through
7; IC35-33-1 / 7)
35. Firearms~ Discharge of: Officers are prohibited from
discharging a firearm in connection with police duty except
under the following circumstances:
a. At an approved firing range while under proper
instruction or authority of the range officer; or
b. In accordance with the Department "Use of Force"
policy. (See Standards 1.3.1 through 1.3.16)
c. Warning shots are prohibited.
Officers are to immediately submit a written report to
their Division Commander of any weapons discharge, on or
off duty, for other than training or recreational purposes.
36. Firearms and Identification~ Carryin~ of: Officers shall
carry or wear their police identification and authorized
firearm(s) at all times when on duty unless a specific
circumstance dictates otherwise. (Undercover operations as
specified by the Division Commander) Except when
impractical or not feasible, or where the identity is
obvious and in compliance with state law, officers shall
identify themselves by displaying the official badge and
picture identification card prior to taking police action.
Officers are encouraged, but not mandated to carry an
authorized firearm when off-duty and appropriate. If an
authorized firearm is carried off-duty, the carrying of
police identification is mandatory and the officer shall
remain alcohol free. Further, the carrying of an authorized
firearm and identification in the passenger compartment is
mandatory while using a Department vehicle off duty.
37. Firearms Oualifications: Officers shall be required to
demonstrate proficiency with their authorized weapons at
least quarterly. A minimum qualifying score, as set by the
firearms instructors, shall be maintained by each officer
16
for all weapons he/she is authorized to use. Failure to
meet department qualification standards may result in
administrative action. (See also Standard 1.3.11)
38. Force; Deadly: An officer is justified in using deadly
force if he/she has probable cause to believe that a
suspect poses a significant threat of death or serious
bodily injury:
a. In defense of human life, including the officers own
life.
b. To prevent serious bodily injury to the officer or a
third person or the commission of a forcible felony.
c. The threat to the officer and/or others must be
immediate.
d. Where feasible, some warning must be given. (Tennessee v
Garner et al:)
Due to the inherent dangers involved in discharging weapons
at or from a moving vehicle officers must consider the
totality of the circumstances surrounding the incident.
a. It is recommended that officers refrain from discharging
a weapon at or from a moving vehicle.
b. A fleeing felon does not pose an immediate threat unless
his/her actions demonstrate otherwise.
(See also: Standards 1.3.1 through 1.3.16)
39. Force; Use of: Officers shall only use that amount of force
which is reasonably necessary to effect lawful objectives
and bring an incident under control. Such force will cease
as soon as the objective is accomplished.
a. Under normal circumstances, the methods or instruments
listed may be used to effect lawful objectives and bring.
an incident under control. The range of force continuum
as instructed during training should be followed as
closely as possible.
(1) Officer presence
(2) Verbal commands
(3) Control and restraint
(4) Chemical agents
(5) Temporary incapacitation
(6) Deadly force
b. For purposes of clarification items one (1) through
three (3) above are compliance techniques and do not
normally require a use of force form to be filed. If
item three ( 3 ) results in or could have resul ted in
injury due to noncompliance a form is required.
17
c. Excessive use of force shall result in administrative
action. (See also: Standards 1.3.1 through 1.3.16)
40. General Orders Manual: All officers shall become familiar
with the contents of the General Orders Manual within 60
calendar days after issuance. If the officer is sent
to the Academy during the first sixty days of employment
this time period is extended to 60 calendar days from the
start of the field training program. Officers shall sign
for the receipt of their manual. Officers are responsible
for comprehension, knowledge and updating of this manual.
The manual shall remain ready for inspection at all times.
41. Gifts, Gratuities and Special Privileqes: Officers shall
not accept any gift, gratuity, or any item of value from
any organization, business concern or individual with
whom an official relationship exists or could exist with
the Department or City. If the officer feels the host or
donor is seeking to influence the performance or non-
performance of an official duty he/she will immediately
report the incident to the respective Division Commander
via the chain of command.
Officers of the Department shall not use their positions
with the Department to secure special privileges or
exemptions. Officers shall not use their official
identification for' personal or financial gain, or for
obtaining privileges not otherwise available to the general
public. Officers shall not use their badge or
identification to avoid the consequences of illegal acts.
Officers shall not authorize the use of their names,
photographs, or official titles which identify them as
officers, in connection with testimonials or advertisements
of any commodity or commercial enterprise, without the
written approval of the Chief of Police.
42. Inspections: Line and Staff inspections of officers
appearance, uniform, equipment, lockers or compliance with
directives may be made at any time by a supervisor.
Formal inspections shall be preannounced and shall be held
semi-annually.
a. Line inspections of Department vehicles, equipment and
facilities is the duty of each officer and the shift
supervisor, as outlined in standards 53.1 and 41.2.12.
b. Inspections may include but not be limited to,
examination of lockers, desks, computer files or other
space on departmental premises. Only department issued
locks shall be used on Department issued equipment.
(lockers, vehicles, trunks, desks, etc)
18
43. Insurance: The City provides a group health insurance
policy for o£ficers, spouses, and dependents and must after
June 30, 1989 make this benefit available to retired
members, disabled members, and surviving spouses and
dependents of officers who die while in active service or
after retirement. Officers must pay an amount equal to the
total of the employer's, employee's and the employee's
dependent's share of the monthly premium. (See: IC5-10-8-
2.2 and refer to Health and Benefits Manual for Dental,
Life, and Disability insurance information)
44. !D~.~rity and Loy~_l_~i Officers shall be faithful to
their oath of office, the principles of professional law
enforcement~ and the objectives of the Department. The
officer shall not allow personal motives to govern his or
her decisions and conduct. Engaging in conduct on or off
duty that adversely affects the efficiency of the
Department or, engaging in conduct that has the tendency to
destroy public respect or confidence in the operation of
the Department is prohibited. Each officer must avoid
conduct which might compromise their integrity, that of
fellow officerst or the Department. (See also: IC35-44-
1-1 through 35-44-1-7 and 35-44-2-4)
45. Internal Affairs: Failure to report any misconduct or
violation of law, rule, regulation, policy, procedure,
general or special order, or other directive by an
officer of this department shall be considered cause
for administrative action. All such violations shall
be reported immediately in writing to the Chief of Police
through the chain of command.
Officers shall cooperate fully in any official internal
investigation. Failure to answer questions truthfully,
respond to lawful orders, to render material and relevant
statements, in an internal department investigation when
such orders, questions and statements are directly related
to job responsibilities may result in administrative
action.
46. Intoxicatinq Liquors: Officers of the Department shall not
consume, purchase or possess alcoholic beverage or
intoxicating liquors of any kind while on duty or off duty
and operating a Departn~ent Vehicle. The transporting or
storage of alcoholic beverages or intoxicating liquors
while on duty shall be ~or evidentiary or ~ound property
purposes only. Exceptions must be specifically authorized
by the Chief of Police or designee.
Officers shall be alcohol free upon reporting for duty. The
odor of alcoholic beverage on the breath of an officer
shall be sufficient cause to believe the officer is unfit
19
for duty and in violation of rules and regulations of the
Department. Officers may be asked to submit to a test to
determine BAC. Failure to submit to the ordered test shall
be cause for dismissal. Results of such an ordered test
shall be used for administrative purposes and shall not be
used in any criminal or civil proceeding.
Off duty officers having any doubt about reporting for
an emergency mobilization alcohol free shall contact their
Division Commander, Assistant Chief or Chief for guidance
prior to mobilization.
Officers, while off duty, shall refrain from publicly
consuming alcoholic beverage or intoxicants to the extent
that it results in intoxication and/or impairment and
obnoxious or offensive behavior which discredits them or
the Department. (See also: 41.2.10)
47. Judicial Subpoenas: Subpoenas issued in criminal or civil
cases involving an officer's official duties or capacity
shall be considered an order to report for duty. Failure
to report after receipt of a judicial subpoena may be
considered neglect of duty and/or disobeying an order.
48. Keys~ Possession of: The possession of keys pertaining to
official duties or obtained under Department authority for
public or private locations without the approval of the
Chief is prohibited. Department issued keys are the
property of the City and may not be duplicated without
approval of the Chief of Police.
49. Knowledqe of Laws, Rules, Requlations, Policies,
Procedures, General and Special Orders, and other
Directires: Failure to establish and maintain a working
knowledge of laws, rules, regulations, policies,
procedures, general and special orders, and other
directives will be considered neglect of duty.
50. Lawful Orders: Officers shall obey all orders given by
a ranking officer or relayed from a ranking officer that
do not clearly violate any laws, rules, regulations,
policies, procedures, general or special orders, or other
directives. Failure to obey any lawful order, written or
verbal shall be considered insubordination and/or neglect
or disobedience of orders and a violation of rules and
regulations.
51. Leavin~ City Limits: It is prohibited conduct to patrol
or perform any police duty outside the municipal limits
while on duty without the permission of an immediate
supervisor. Exceptions would be for extreme emergencies,
plain clothes personnel whose normal duties take them
20
outside the City, and normal patrol patterns that require
temporary crossing of jurisdictional lines. Under normal
circumstances, assistance to other departments must be
requested for by the respective department. (See: 2.1.2)
52. Loiterinq: Officers on duty shall not loiter in restaur-
ants, shops, stores, or other public or private places,
including the Department except in the performance of their
official duties. Officers shall use the appropriate 10-code
when exiting their duty vehicles for official business.
Violations may be considered neglect of duty.
53. Lonqevity: An officer must have been in the full employ of
the City a minimum of six (6) months during a year to
receive a year's credit on longevity remuneration which
shall be computed as of the end of the year for the entire
ensuing year. Longevity pay shall be added to the
employee's annual salary on an individual basis at a rate
of One Hundred Fifty Dollars ($150) per year not to exceed
twenty (20) years. (See also: Carmel City Code, Chapter 2,
Section 2-51.
54. Military Courtesy: In addressing or referring to a superior
in the presence of civilians, his/her rank title shall be
used by the other officer. Other officials of the City,
County or State shall also be addressed by title or rank.
(For Example: Mayor, Councilman, Governor, etc.)
55. Misconduct Known to Department Personnel: Failure to report
the misconduct of an officer or employee of this
Department resulting in arrest, violations of laws, rules,
regulations, policies, procedures, general or special
order, or other directive shall be considered cause for
administrative action. All such violations shall be
submitted in writing to the respective division commander.
Arrests of, or violations committed by, officers of other
departments shall be documented and forwarded to the
respective department through your Division Commander.
56. Neqlect of Duty: To this end, there shall be a~failure to
give suitable attention to the performance of duty.
Examples include but are not limited to:
a. Failure to act.
b. Absence without leave.
c. Failure to report to duty at the time and place
designated.
d. Leaving your assigned post.
e. Failure to comply with, read and understand rules and
regulations or other directives and orders.
f. Failure to conform to department policy and procedures.
g. Loitering.
h. Failure to maintain equipment and/or clothing.
21
i. Failure to enforce laws, statutes, and ordinances.
j. Performing personal business while on duty without
notification and approval of your supervisor.
k. Failure to follow procedure.
1. Failure to report misconduct.
m. Failure to honor a judicial subpoena.
n. Failure to supervise.
o. Insubordination.
57. Neiqhborhood Ouarrels/Disputes: Officers shall avoid
involvement in neighborhood quarrels or disputes in their
own neighborhoods in their official capacity while off
duty. On duty runs to an officers own neighborhood should
be assiqned to units not residing in that neighborhood if
at all possible. Nothing in this rule and regulation
prohibits an officer from advising or assisting other
officers responding to emergency situations, or taking
the assigned run when other officers are unavailable.
(See also; Personal Quarrels: Review IC9-4-8-!)
58. News Releases: All information released to the media shall
be approved by the Chief of Police or designee. Information
released shall not contain information so specific as to
endanger any investigation. Leaks to the media are strictly
prohibited and all media shall have equal opportunity
notification. Cooperation with the media is expected to
the extent that it does not hinder the goals and objectives
of the Department. (See also: IC5-14-3-5 review Access to
Public Records IC5-14-3-! through IC5-14-3-!0)
59. Notices - Circulation, Defacing, Destruction; Postin~ of:
Destroying or defacing any official directlye relating to
Departmental matters is prohibited. The posting or
circulation of any notices of a non-official derogatory
character relating to any person or group of persons
or official police function is also prohibited.
60. Off-Duty Employment: Off duty employment without the
knowledge and approval of the division commander along
with completing the proper request and information form is
prohibited. Approval of requests should be based upon:
a. increasing off-duty efficiency and availability;
b. avoiding potential conflicts of interest and ghost
employment;
c. protecting the image of the department; and
d. avoiding impairment of on-duty performance.
61. Officer Discretion: Officer's must exercise discretion in a
manner which is consistent with:
a. goals and objectives of the Department and/or division;
b. pertinent laws and court decisions;
22
c. direction, supervision, and orders of superiors;
d. Rules and regulations, general and/or special orders,
divisional orders, memoranda, or other written
directives. (See: General Order 1.2.2)
62. On Call Status: Any officer specifically directed to
remain on call or scheduled for on call status by a his/her
superior shall remain alcohol free and available for duty.
A phone number shall be made available to the Dispatch
Center for this purpose. Fully operational beepers are the
responsibility of the officer. Any officer that does not
respond to "on call duty" may face administrative action.
63. Performance~ Unsatisfactory: Officers shall maintain
sufficient competency to properly perform their duties and
assume responsibilities of their position. Officers should
perform their duties in a manner which will maintain the
highest standards cf efficiency and in carrying out the
functions and missions of the Department. Unsatisfactory
performance may be demonstrated by a lack of knowledge of
the application of taws required to be enforced; an unwil-
lingness or inability to perform assigned tasks; the
failure to conform to work standards or procedures
established for the officer's rank, grade, or position; the
failure to take appropriate action during or after the
commission or attempted commission of a crime, disorder, or
other matter requiring police action~ or absence without
official leave. In addition, the following shall be
considered prima facie evidence of unsatisfactory
performance: repeated poor evaluations or official
personnel records of an officer demonstrating repeated
violations of rules, regulations, policies, procedures,
special or general orders, or other written directires of
the Department.
64. Personal Appearance: Failure to have a neat, clean personal
appearance, which adversely reflects upon the individual
or affects the Departments efficiency may result in
administrative action. To this end, the wearing of an
improper uniform, failure to maintain uniforms, failure to
carry authorized equipment, failure to maintain equipment,
poor personal hygiene, unauthorized facial hair, hair
length, or other violations which would detract from a
professional, efficient, and effective image are
prohibited. Court appearances shall be in full uniform or
appropriate business attire. (See: General Order 41.2.14)
65. Personal Business: Officers are expected to avoid personal
business and phone calls while on duty. Supervisors are
authorized to approve a minimum amount of unavoidable
personal business. Consistently receiving visitors at the
Department for non-duty related matters is considered
23
personal business. Department equipment and materials will
be used for official Department business only unless
otherwise authorized by the Chief of Police.
66. Personal Ouarrels~ Arrests in: Officers shall not make
arrests in their own quarrels or those of their families
except in cases of an emergency nature that would justify
the officer in using measures of self defense or to prevent
injury of those parties involved. The respective division
commander shall be advised of any such quarrels and any
action taken in an official capacity. If the officer
decides to pursue a warrant, sign a complaint, or affidavit
in a personal quarrel at a later date, the division
commander shall also be notified.
67. Phone Calls: All long distance phone calls billed to the
Department are to be logged on the "long distance phone
log". Personal long distance phone calls will not be
charged to Department phones, cellular or otherwise. No
personal long distance calls will be made from Department
phones as they are not tax exempt calls. You are required
to pay for your non-work related personal phone calls made
via cellular phone. If the Department is billed for a
personal non-work related call, you are in violation of
this rule and regulation.
68. Photoqraphs: Whenever an adult is arrested for a felony or
a class A misdemeanor by a member of the Department, a
photograph will be taken on the mug shot camera provided in
processing.
A juvenile shall be photographed if over the age of 14 and
the act committed would be a felony if committed by an
adult.
69. Political Utilization of Official Position: The
utilization of an officers official position with the
Department for political purposes to the extent that the
utilization affects the efficiency, morale, and/or tends
to impair the operation of the Department is prohibited
conduct. An officer may be a candidate for an elective
office under the authority of IC36-8-3-12.
a. Private off-duty political activity, is permissible
as long as there is no obvious connection to the
Department,(wearing of uniform, wearing or producing
badge and/or identification, use of Department vehicle
or equipment, etc) and as long as no misrepresentations
are made.
b. Officers are not required to support any particular
party, position, or candidate.
24
c. Political activity while on-duty and in uniform for
other than voting purposes is prohibited conduct.
(IC3-14-1-6 Violation is also Class A Misdemeanor)
(See also: IC3-6-6-36, "Law enforcement officers
restricted from vicinity of polls".)
d. Officers are generally free to make political
contributions as they see fit, but not as a condition
of employment or continued employment.
e. Officers under the authority of IC36-8-3-12 may run for
a partisan political office.
f. Officers may normally run for non-partisan offices.
g. Police unions and associations may form political action
committees (PACs) and endorse and/or support candidates.
70. Prisoners; Custody of: Persons taken into custody for
arrest purposes shall be processed according to procedure.
Arrestee's shall not be left unattended in any area of the
Department. No weapons are allowed in the processing area
which includes the interview rooms. A maximum of four
hours is allowed for processing and when completed
arrestee's that are to be jailed shall be immediately
transported to the Hamilton County jail.
71. Prisoners~ Injury/Illness of: Officers are not qualified
to make medical judgements and shall not ignore a
prisoner's claim of injury or illness. Injuries and/or
illness, whether visible or not shall be reported to the
shift commander for appropriate action and to any receiving
authority.
The arresting officer is responsible for the custody,
security and safety of the prisoner until custody is
relinquished by competent authority and the arresting
officer no longer has control over the prisoner. This
responsibility extends or transfers to any officer involved
in transporting a prisoner.
72. Prisoners; Search of: Whenever an officer takes a person
into official custody or transports any person in
official custody he/she shall immediately search said
person and all applicable items in the persons possession.'
A vehicle used in the transportation of persons in custody
or used to transport any other person shall be searched
prior to and after the detail is completed to ensure the
safety of the officer. Officers shall seize contraband,
evidence, or other items permissible under law and submit
them to the evidence/property custodian as soon as
practical but prior to the end of shift. Violations will be
considered neglect of duty.
73. Probation: Newly hired employees for sworn positions are
considered recruits until such time as they are issued the
25
oath of office. From the date the oath of office is given
the member is considered a sworn officer on probation for a
period of one (1) year during which time the officer is
to complete his/her training in the FTO program. Recruits
and probationary sworn officers may be discharged by the
Board of Public Works without a hearing for any violations
of law, rules, regulations, policy, procedure, general or
special order, or other written directives.
Sworn officers promoted to a higher rank or assigned to
new duties shall be on a period of one (1) year probation
from the time of promotion or assignment. An officer may
be demoted with cause and/or reassigned by the Chief of
Police for violations of law, rules, regulations, policy,
procedure, general or special order, or other written
directives. Evaluations of newly promoted or assigned
officers shall be made by the immediate supervisor
according to schedule. Poor evaluations may lead to
administrative action during a probationary period.
74. Professional Imaqe: Failure to work diligently or with a
bearing consistent with the image of a professional police
department, may result in administrative action.
The following are some examples:
a. Unnecessary shouting, using unnecessary obscene
language and/or discourteous behavior;
b. Tardiness in reporting for duty;
c. Conducting a minimum of personal business while on duty
without the prior knowledge and consent of your
immediate supervisor;
d. Taking excessively long meal or refreshment breaks;
e. Failure to respond promptly to a request for police
service.
f. Inappropriate or unnecessary radio communications;
g. Failure to mark in and out of service in a prompt
efficient manner;
h. Cowardice/timidity;
i. Legal wagering or playing games of chance in which
stakes are involved is prohibited while in uniform
and on duty.
j. Failure to wear your police issued full uniform
including hat.
k. Smoking while performing a police function. (directing
traffic, engaging in official interviews, emergency
runs, while handling crowds, or when sharing a vehicle
with non-tobacco users etc.)
1. Insubordination.
75. Property; Forfeiture of Seized Assets: Each asset must be
evaluated prior to actual seizure for approximate value,
26
determine if the property is subject to seizure under IC34-
4-30.1-1, and true ownership. After seizure each item shall
be appraised in order to document its value at time of
seizure. A seizure of cash shall be documented by a minimum
of two (2) sworn officers and placed in evidence as soon as
practical. The officer attempting to seize an item for
forfeiture shall complete the proper reports and forward
the request for forfeiture to the appropriate division
commander who shall be responsible for overseeing the
procedure. Supervisors shall maintain a log that shall
allow for determination of the amount of law enforcement
costs associated with the asset seized. Forfeited assets
shall be disposed of in accordance with law.(See Title 34,
Article 4, Chapter 30.1)
76. Property; Recovered as Evidence Material: Property as
evidence which has been obtained, gathered or received by
an officer shall be labeled, handled, disposed of and
stored in accordance with established procedures. Officers
shall not convert to their own use, manufacture, conceal,
falsify, destroy, remove, tamper with, or withhold any
property recovered, obtained, gathered or received as
evidence. Items of evidence shall be turned over to the
evidence custodian or locked in the evidence lockers prior
to the completion of the tour of duty during which the
material was obtained. Under no circumstances will items c[
evidence be placed in personal lockers, desks, case
reports, or areas other than those provided for the storage
of evidence. Evidence will be inventoried yearly.
(See Rule and Regulation ~30)
77. Property; Unclaimed Recovered or Confiscated: Confiscated
and/or unclaimed property shall be inventorled yearly with
records maintained by the evidence custodian. A reasonable
and diligent effort will be made to locate owners of
property coming under the control of the Department. If
after a six month retention time the owner can not be
located the property shall be sold at auction. A yearly
auction shall be conducted for the disposal of any
unclaimed property. The funds derived from such an
auction of police confiscated items or recovered property'
shall be placed in the police pension fund by the Clerk
Treasurer. (See IC34-4-30.1-4 / IC35-33-5-5 / IC35-47-3-2
IC35-47-3-3 / IC36-1-11-6 / and IC36-8-6-4.)
78. Public Criticism of Department: Officers shall not
publicly criticize or ridicule the Department, its
policies, procedures or other employees by talking,
writing or expressing in any other manner, especially to
the media when such activity is: 1. defamatory, 2.
obscene, 3. unlawful, 4. impairing the efficient operation
of the Department, 5. impairing the abilities of
27
supervisors to maintain discipline, 6. made with reckless
disregard for truth or falsity. Officers shall utilize the
grievance procedures as authorized by the Department for
constructive criticism.
79. Pursuit Drivinq: Officers are reminded that due care must
be taken during the operation of emergency vehicles in
pursuit and they are not released from liability merely
because emergency lights and siren are operational. The
decision to initiate a pursuit is at the discretion of the
individual officer. A vehicle without communications,
and/or emergency lights and siren shall not be involved in
a pursuit. No more than two police vehicles will be
directly involved in the active pursuit, a primary and
secondary vehicle. The secondary unit will be designated by
the shift supervisor. The responsibility of the secondary
unit is to serve as a backup unit in effecting an arrest.
The second unit may also take over communications and relay
when practical, allowing the primary unit to concentrate on
pursuit driving and the suspect vehicle.
Unmarked, semi-marked, or other special use vehicles
initiating a pursuit must cease to be the primary unit
as soon as a fully marked patrol car is in position to
assume the pursuit. But, may carry on as the secondary
unit.
An officer initiating a pursuit shall notify dispatch of
the following:
i. Reason for the pursuit.
2. Description of the fleeing vehicle including plate
number if possible.
3. Number of occupants and some description if
available, especially of the driver.
4. Location and direction of pursuit updated as
necessary by cross streets and direction of travel.
The officer may terminate a pursuit at any time for any
reason. The decision to terminate a pursuit may also be
made by a supervisory officer. Supervisors are expected to
take an active role in the control of pursuits and.for
providing a disciplined response to pursuit situations
occurring during their shift.
Failure of an officer to terminate a pursuit after being
ordered to do so will result in administrative action. A
well trained, disciplined officer is aware that the
decision to abandon a pursuit is, under some circumstances,
the most prudent course of action.
No civilian should be allowed to remain in any emergency
vehicle during pursuits.
28
(See also: IC9-21-1-8, IC9-21-17-20 and GO 41.2.8)
80. Private Vehicles / Equipment~ Use of: The use of private
vehicles or equipment for official purposes unless
directed or authorized to do so by the Chief of Police is
prohibited.
81. Reqistered Mail~ Receipt of: Mail arriving at the
Department that requires a signature for it's receipt shall
not be signed for by any employee other than to whom it is
addressed. Registered mail should contain a name for the
required signature. If no name appears on the envelope have
the mail returned to sender for proper addressing. If the
officer or employee to which the mail is addressed is not
present to sign for the mail have the post office leave
the yellow slip informing the officer or employee that the
item may be picked up at the post office.
82. Recommendations~ Attorney's, Bail Bondsmen, Charges:
Officers on duty or in uniform are prohibited from directly
or indirectly recommending the employment of any person as
an attorney or suggesting the name of bail bondsmen to any
subject in custody.
Generally, officers shall make no recommendations for
withdrawal of charges. Nor shall officers recommend
leniency or severity of punishment for criminal charges
filed against a defendant in any court. Plea agreements
are at the discretion of the prosecutor's office.
83. Rendering Aid/Furnishinq Identification: Failure to render
aid or furnish information as is consistent with one's duty
is prohibited. An officer shall provide his/her
identification, name, and unit number in a professional
manner when so requested by a member of the public.
84. Reports: Reports submitted by officers shall be truthful,
accurate and complete. No officer shall knowingly enter or
cause to be entered any inaccurate, false, embellished or
improper information on official reports or documents. No
officer shall advise, counsel, order, or otherwise
dissuade another officer from submitting any lawful report.
Failure to promptly submit such reports as required in the
performance of one's duties shall result in administrative
action.
Officers must sign out reports, documents, evidence or
other documents and/or materials for court or any other
purpose shall cause said item(s) to be returned in a timely
fashion to the proper authority.
85. Reserve Officers: Police reserve officers are subject to
29
the rules, regulations, policy, procedures, special and
general orders and other written directives of the
Department. Reserve officers serve at the pleasure of the
Chief of Police.
Reserve officers are subordinate to all recruit or sworn
officers of the Department.
(See also: IC36-8-3-20)
86. Residence: Location, Phone, Transportation, Requirements:
Officers shall reside within fifteen miles of the corporate
boundaries of the city. Officers shall have adequate means
of transportation into the city and maintain in his/her
residence telephone service with the city. (IC36-8-4-2)
Changes in addresses and phone numbers shall be reported
immediately in writing to the Chief's administrative
assistant. (Officers residing outside the county will not
be issued or retain a take home car.)
87. Restitution for Damages Incurred in Line of Duty: Officers
shall not accept from any person money, compensation, or
any item of value for damages incurred in the line of duty
without the authority of the Chief of Police. A request
for restitution shall be made through the prosecutors
office in criminal cases. The Chief shall be notified in
writing of any civil damages pursued for line of duty
damages.
88. Roll Call / Reportinq for Duty: Officers shall report to
duty at the time and place required by assignment or
when ordered to do so and shall be physically and mentally
fit to perform their duties. They shall be properly and
fully equipped for their tour of duty. Information required
for the proper performance of duty shall be passed from
shift to shift through their respective supervisors. It
is the responsibility of the shift supervisors to obtain
and relay all pertinent information. Failure to be fully
informed of a previous shifts activities is the
responsibility of each individual officer.
89. Schedules: Generally, the schedule should be maintained as
prepared. Shift swapping will be kept to a minimum and must
be approved by the respective Division Commander or
designee. Officers with less than two years on the
Department shall rotate shifts quarterly or at the
discretion of the Division Commander. (See also: Transfer
Requests)
90. Sexual Harassment: Sexual harassment in any form is
prohibited conduct. Unlawful sexual harassment includes
but is not limited to, any unwelcome sexual advances,
requests for sexual favors, and other verbal or physical
conduct of a sexual nature which is made a condition of
any employment decision.
91. Solicitation of Favorable Acts: Soliciting anyone to
intercede with the Chief of Police, Mayor, Board of Works,
City Council, or any elected/appointed official in relation
to promotions, departmental assignment, disciplinary
proceeding, or other administrative matters is prohibited.
Nothing in this rule prohibits attorneys from representing
officers in administrative matters or from summoning
witnesses. Nor does this rule limit the grievance procedure
or use of the chain of command.
92. Speech Requests: On or off-duty speech requests dealing
with law enforcement topics shall be directed to and
approved by the Chief of Police. Officers will be appointed
by the Chief or his/her designee to represent the
Department in their topical areas.
93. Testimony; Unauthorized: No officer of this Department
shall testify regarding expert or opinion testimony in any
court case, civil or criminal, or administrative hearing
except as required by law, department order, or when
subpoenaed.
Officers testifying on behalf of a criminal defendant as a
witness, shall not wear the Department issued uniform while
testifying. Officers testifying in a civil trial shall not
wear the department uniform while testifying.
Officers receiving subpoenas in criminal cases where the
officer is subpoenaed by the defense and civil cases when
the officer is not testifying on behalf of the City of
Carmel or the Department shall immediately notify their
division commander in writing. The memo shall contain the
nature of the testimony, date and time of anticipated
testimony, and estimated compensation and it's source.
Any monies earned while on duty and under subpoena
in a civil matter or as a defense witness in a criminal
matter shall be immediately turned over to the Department.
(If your working for the Department or City they pay your
wages. If your under subpoena in other matters in your
official capacity they must pay you a fee)
This policy shall not apply when an officer is a party to
or testifying on behalf of the City of Carmel or the
Department.
94. Traininq: No officer shall be authorized to carry, to use
and or maintain any departmental equipment without being
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trained in the use and care of such equipment. Firearms may
be temporarily issued to recruits for qualifications at the
Law Enforcement Academy. However, recruits and sworn
officers shall not be issued firearms, or authorized to
carry an issued weapon, without successfully completing
the required firearms qualifications of the Carmel Police
Department. Officers and recruits must also be instructed
in the "Use of Force" policies and procedures and
acknowledge receipt of same by signing a statement of
understanding.
All mandatory training must be attended and requirements be
met on designated dates. Officers unable to attend on the
posted dates'must submit a request to the respective
Division Commander for an excused absence. If approved the
officer must make up the mandatory training on the
prescribed make-up date. Failure to attend and/or meet the
requirements of mandatory training may result in
administrative action.
95. Traininq~ Specialized: Officers requesting specialized
training must submit their request through the chain of
command to the Support Division Commander. The request
shall be submitted on the proper form in a timely fashion.
If the information is found to be incomplete the form will
be returned through the chain of command for revision.
The request may be resubmitted upon correction.
96. Transfer Requests: Officers having reached permanent status
shall not be allowed to transfer shifts without first
submitting a written request through the chain of command.
Final authority over requests shall reside with the
Division Commander. Officers are required to work their
assigned shifts and schedules and have no property right
to retain an assigned duty, shift or schedule.
97. Travel Allowance: All travel, where an officer is
authorized by the Chief of Police to use his/her personal
vehicle, shall be reimbursed at the current rate per mile
as authorized by the Board of Works.
Travel arrangements as authorized by the Chief of Police
shall be handled through the Support Division Commander.
Claims for expenses incurred shall be submitted through
your respective Division Commander.
98. Uniforms: All officers shall maintain a business suit for
court purposes and have a complete set of authorized
uniforms and authorized equipment available for inspection
at all times including both summer and winter uniforms.
No other uniforms or equipment other than those authorized
may be carried worn used or purchased with the written
32
permission of the Chief Of Police. All officers who wear
the Department uniform shall wear the complete uniform on
or off duty. Negligence or inattention to uniforms and/or
equipment may resultin administrative action.
Patrol Division: Officers in uniform shall be dressed in
strict conformity with uniform regulations. Insignia,
badges, decorations and other authorized devices shall be
worn as prescribed. Officers shall report for duty in full
uniform and with authorized equipment ready for inspection.
(Inspection shall include vehicle and equipment) Any
uniform or equipment found to be unserviceable or
neglected shall be duly noted in writing to the Division
Commander.
Neither the uniform nor equipment, or parts thereof, shall
be worn or used by officers engaged in outside and/or off
duty employment unless such employment is within the
corporate limits of the City of Carmel or as authorized by
the Chief of Police. Authorization may be granted by the
after an off-duty employment request and form are
submitted through the chain of command and approved by the
Chief. Request forms are required whether or not the orE-
duty employment is within the corporate limits or not.
Criminal Investigations, Special Investigations, others in
Plain Clothes Assignments: Officers in plain clothes
assignments are expected to maintain a full set of
authorized uniforms and authorized equipment available for
inspection upon request. However, plain clothes officers
are not required to conform to the uniform regulations
generally, unless an temporary assignment requiring the
wearing of a uniform dictates otherwise.
C.I.D. and S.I.D. personnel or others in plain clothes are
required to wear conservative, civilian attire presenting a
business like appearance unless otherwise authorized or
directed by their Division Commander. The nature of an
assignment and/or duties shall dictate proper attire.
(A business like appearance refers to suits, sport coats,
slacks, tie, shirts with collars, sweaters or / skirts,
blouses, slacks, dresses, suits, sweaters, etc.)
99. Vacation, Holiday Pay; Pro-ratinq of: If an employee
terminates from the department, and said employee has
been entitled to the benefits of paid vacations and/or
holiday pay during his/her employment, then he/she will
be entitled to the unclaimed vacation and holidays not
yet taken in the period. The vacation period begins with
the date of hire and continues to accrue each year
thereafter until termination. Vacation days are earned
in the previous year for the current year. Upon retirement
33
or termination officers may choose payment or time off
for days accrued.
The total annual vacation days allowed to the terminating
employee will be pro-rated on a monthly basis for said
period of time. Holidays will be determined by the actual
scheduled paid holidays of said time period.
100. Vacation and Holiday Time Off: Recognized holidays are set
by the City each year. All officers are entitled to paid
days off for those holidays which follow his/her first day
of employment. The second year, officers are entitled to
holidays plus 10 vacation days (shifts). After six years,
officers are entitled to holidays plus 15 vacation days.
After thirteen years, officers are entitled to holidays
plus 20 vacation days. Should an employee be terminated
he/she may receive pay due and pay for holidays and
vacation days earned. Officers resigning or killed in the
line of duty shall receive vacation pay due and pay for
earned holidays.
10!. Vehicle Accidents; Reporting of: Any accident involving a
Department vehicle shall be immediate!y reported to the
supervisor on duty. The vehicle shall not be moved until
the investigating officer arrives, unless it is unsafe
or impractical to do so. Photographs of the accident scene
and vehicles and/or property involved shall be taken. The
officer operating the vehicle shall be responsible for
ensuring all reports containing all known facts surrounding
the cause, nature, and location of the damage be
immediately reported. The respective Division Commander
shall be notified of said accident at the earliest possible
convenience. Under no circumstances shall an officer
operating or riding in a Department vehicle involved in an
accident investigate the accident. All reports are to be
completed prior to end of shift unless otherwise approved
by the Division Commander.
If the officer operating the Department vehicle is injured
to the extent that he/she is admitted to a hospital, or
unable to fulfill the requirements of this section the
supervisor notified shall cause all reports to be initiated
and completed.
Any reportable traffic accident involving a privately owned
vehicle operated by an officer of this Department within
the corporate limits of this City shall be investigated by
a supervisor.
* All injuries to personnel, city property and/or
equipment shall be reported in accordance with these
established procedures regardless of the cause. (not
necessarily just from vehicular accidents)
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102. Vehicles~ Ca~:e of: Vehicles shall:
a. remain clean, serviceable, and equipped with all
assigned gear. Vehicle upkeep is the responsibility
of the assigned officer(s).
b. be checked at the beginning and end of each shift
by the assigned officer for serviceability and
damage. It shall b~ assumed that.the last officer using
a vehicle is r~sponsible for damage which has not been
reported, unless investigation shows otherwise.
c. be scheduled for and 'taken in for regular servicing.
d. be searched thoroughly for contraband prior to each
use on a shift and immediately prior to and after any
transport.
e. be sent to servicing for a safety check after any high
speed pursuit.
f. be towed upon supervisory approval only.
g. be driven only upon authorization or assignment and only
by officers of the Department unless otherwise
authorized by the Chief of Police.
103. Vehicles; Unauthorized Persons i~:_ Allowing unauthorized
persons to ride in Department vehicles is prohibited. Un-
authorized persons include any person for which a waiver of
liability form has not been completed and those persons
not approv~d to ride by the Board. This does not include
~worn officers from other city, municipal, county, state or
~ederal law enforcement agencies. This rule does not apply
to transportation of prisoners, stranded motorists or
others on official (authorized) business, as approved by
the Board. (See also: "Rider Policy and Take Home Car
Policy for off-duty family situations.")
104. V.~A~jonsX__U!~.A~_~l~G.~I~j_.Qg.xgR!~i~Gi officers shall not
knowingly and/or intentionally make a vexatious complaint
against another employee. Vexations are intended to harass
distress, and/or annoy and affect the efficient operation
of the Department.
105. Violations; Reportin~ of: Violations of laws, rules and
regulations oL' other directires shall be reported
immediately in writing, through the chain of command.
EXCEPTION: O~fic~rs may by-pass the official chain of
command to report or prevent serious misconduct or if the
conduct involves an immediate supervisor. Supervisors are
responsible for taking appropriate action on violations
reported or coming to their attention.
Failure to report violations, and/or covering-up or
attempting to cover-up violations shall result in
administrative action.
35
Officers arrested, summoned, ticketed, or otherwise
investigated by another jurisdiction shall immediately
report in writing to the respective Division Commander,
a complete and truthful account of the details surrounding
the matter. To this end, a yearly audit shall be performed
by the Department on each member concerning drivers status
and criminal history information. Any member found in
violation of this requirement may face administrative
action.
106. Vouchers for Payment: No officer shall present or attempt
to present an altered and/or falsified voucher, claim or
bill for settlement of debt and/or expenses incurred in
connection with an authorized or unauthorized expenditure.
Officers Subject to Disciplinary Action:
Any member or employee who violates or attempts to violate
Federal, State, local ordinances, direct order, or violates
Rules, Regulations or Policies of the Carmel Police Department
may be disciplined.
1. Departmental Authority to Discipline: Final departmental
disciplinary authority and responsibility rests with the
Chief of Police. When required by statute, disciplinary
recommendations by the Chief, will be made to the Board
for further disciplinary action. Other supervisory personnel
may take the following disciplinary actions:
a. Oral reprimand
b. Written Reprimand
c. Emergency Suspension, with pay (Immediate notification
to Division Commander)
d. Written Recommendations for other penalties.
2. Emerqency Suspensions: The following personnel have the
authority to impose emergency suspensions until the next
business day against a member or employee when it appears
that such action is in the best interest of the Department:
a. Officer in Charge
b. Shift Commander
c. Division Commander
d. Chief of Police
e. The Mayor in cases involving the Chief of Police
3. Follow-Up Action on Emergency Suspensions: A member or
employee receiving an emergency suspension shall be directed
36
to report to the Chief of Police on the next business day at
0900 hours unless otherwise directed by constituted authority.
The supervisor imposing or recommending the suspension shall
also report to the Chief of Police at the same time with
written documentation concerning the emergency suspension.
4. Citizens complaints Aqainst Department Personnel: Complaints
by citizens against members/employees of the department shall
be investigated by the supervisor in charge as soon as
possible in accordance with the following directions. When
the investigation cannot be completed on the date it is
received, a preliminary report will be prepared by the
supervisor in charge outlining the complaint. The outline will
be delivered to the Division Commander. Cases involving all
investigations of the Chief of Police shall be conducted by
the Mayor and/or a designated agent.
5. Serious Complaints and Alleqations: If, in the opinion of the
supervisor in charge, the incident is of sufficient gravity,
the supervisor shall notify the Division Commander regardless
of the hour. In addition, immediate action necessary to pre-
serve the integrity of the Department until arrival of the
Division Commander shall be taken. Should the matter pertain
to or involve the Chief of Police, the Mayor shall be
notified.
6. Investigation of Alleqed Misconduct: The individual assigned
to the investigation of an alleged act of misconduct on the
part of a member/employee of the Department shall conduct a
thorough and accurate investigation.
7. Reports of Investigation of Alleged Acts of Misconduct:
Alleged acts of misconduct must be investigated and results of
the investigation must be reduced to a written report. The
investigator shall summarize the pertinent facts, including:
a. An abstract (summary) of the complaint or alleged act
of misconduct;
b. Pertinent portions of the statements of all parties to
the incident;
c. A description of the incident, physical evidence and
other evidence of importance to the case;
d. The observations and conclusions of the investigating
officer.
8. Conclusion of Investiqation Involvin~ Department Member/
Employee: All investigations of Department member and/or
employees accused of misconduct will conclude with one of
the following findings:
a. Proper conduct: The allegation is true, but the action of
the agency or the officer was consistent with agency
37
policy and the complainant suffered no harm;
b. Imoroper conduct: The allegation is true and the action of
the agency or the officer was inconsistent with agency
policy and the complainant suffered harm;
c. Policy failure: The allegation is true, and although the
action of the agency or the officer was not inconsistent
with agency policy, the complainant suffered harm;
d. Insufficient evidence: There is insufficient proof to
confirm or to refute the allegation;
e. Unfounded complaint: Either the allegation is demonstrably
false or there is no credible evidence to support it.
Appropriate disciplinary action, if required, will be
recommended by the Chief of Police in accordance with
IC36-8-3-2 and IC36-8-3-4. Officers suspended from active
duty will remain subject to the rules and regulations of the
Department.
R 6'9 C. Conn, Chief of Police
og
Date
Board of Public Works and Safety
APPROVED, by the Board of Public Works and Safety this
day of , 1994.
Presidi/~~O~~. icer, Ted Johnson
Steve Brown
Rick McKinney/!
38