Henderson Police Department Procedure aie Code of Conduct Code of Conduct 1094.1 PURPOSE AND SCOPE (Our policy is to set forth standards for the Chief of Police to use in determining what the appropriate discipline is for an individual violation. As it would be difficult, if not impossible, to document every type of violation that could occur, the violations listed herein are designed to be a general guide so that the appropriate discipline for violations of a similar nature can be determined. A violation, not specifically mentioned in another policy, may be punishable as a violation of this policy. 1094.2 AUTHORITY TO DISCIPLINE The Chief of Police or Designee has authority to discipline. 1094.3 CLASS DESIGNATIONS ‘As with the rest of this policy, the Class Designations are to be used as guidelines for determining similar Types of violations. It is possible to have multiple violations within each Type without committing the exact same violation. Subsequent violations within each Type may be considered second, third, or fourth violations when the violations are similar in nature and fall within the same class Type. All violations will fall into one of three Types: 4, Conduct Violations are those that are specific to the overall conduct of the employee, whether on or off duty. These violations are not specific to the performance of one’s duties or their attendance at work. 2. Performance Violations are those that are specific to the way in which an employee performs their assigned tasks or the requirements of their job, to include safety. 3. Attendance Violations are those specific to arriving on time and being in attendance at their assigned work area. 10-24-16 Henderson Police Department Procedure Page 1 of 15Henderson Police Department Procedure aie Code of Conduct 1094.4 CLASS DESIGNATION MATRIX, ‘The Class Designation Matrix (CDM) is designed to help determine the range of sanctions to be received by an employee who violates a Department policy, procedure, rule, regulation, and/or the adopted laws of the local, State, or Federal Government. Each of the following sections describes a possible violation of Department Policy and Procedure by Category and assigns a Class Designation to it In cases where the violations fit multiple Classes, the Class used will be determined by the totality of the facts involved in the incident. CLASS DESIGNATION MATRIXES AUC eer eet Category ‘Commentary Description Class Violations Not [itis not possible to ist all___| Violations not listed elsewhere in the Class | 3 Listed Elsewhere | possible conduct, Designation Matrix. performance, and/or attendance violations within the Class Designation Matrix, therefore any violation not listed elsewhere wil fal into this category. CONDUCT VIOLATIONS Category ‘Commentary Description Class ‘Acceptance OF [Employees shall not solicit or [Accepting or soliciting a bribe for 6 JGifts Or Rewards| accept rewards for Performing an assigned duty Performance of duties, ask for | Failure to decline a reward, gratuity, gift, 2 gratuities or use their position |fee, or favor. to seek favors of any kind 7 [Any offer of reward, gratuity, Jif, fee or favor shall be jeourteously declined, [Employees shall not engage in | Conducting business transactions with 3 Jany business transaction with | person confined and in custody during Jany person currently in official police contact. [custody or during official police [contact 10-24-16 Henderson Police Department Procedure Page 2 of 15Henderson Police Department Procedure Code of Conduct Mr mae he Category ‘Commentary Description Class Civil Process | Employees shall not provide _ | Unauthorized service of legal process. 2 service of any civil process, lunless in the performance of their duties. Conduct {Employees shall conduct Use of rude or insulting language or 2 Unbecoming themselves ina manner that _| conduct offensive to the public while in will reflect favorably upon the | performance of your official duties. Department. Conduct unbecoming an employee which 2 has the potential to bring discredit to the Department. Involvement in the commission of a crime. Renunciation of citizenship or allegiance to the United States or the State of Nevada or the taking of an oath of allegiance or otherwise pledging allegiance to any Horeign country or organization that advocates the violent overthrow of the government of the United States or the State of Nevada, Becoming a prohibited possessor of a 5 {firearm as subject of an order of protection Becoming a prohibited possessor of a 5 ream relative to a conviction of a misdemeanor crime of domestic violence. Conducting private business while on duty | 2 without specific supervisory authority Contributions _|Employee shall not solicit from | Employees seeking improper contributions | 4 the public any contributions or |or donations. Jdonations while representing the department or identifiable [as a department employee without the consent of the [Chief of Police. Criminal | An employee shall not Improper recommendation to the 2 Proceedings | recommend that criminal or _ | prosecutor for the disposition of traffic or traffic offenses be reduced or | criminal offenses. dismissed unless they are the arresting officer or ‘complaining witness and then only to cooperate with the prosecutor of court in the interest of justice. 10-24-16 Henderson Police Department Procedure Page 3 of 15Henderson Police Department Procedure aie Code of Conduct Ca Category Commentary Description Class Divulging —_| No employee shall divulge the | Divulging Criminal History Record 4 Criminal) —_|eriminal record or any Information of one person to another, Confidential [confidential record or except when necessary to conduct a Records & information of any other criminal or Department investigation or Information |Person unless necessary to under due process of law. Jconduct an investigation or lunder due process of law. ‘This shall not prohibit the | Divulging Confidential Records of one 3 release of information to person to another, except when necessary jauthorized law enforcement | to conduct a criminal or Department Jagencies or the release of |—_|investigation or under due process of law. {acts connected with daily Police activities to the press, adio or television as outlined in policy. Drugs INo employee shall use illicit or | Wilfully using any ilict oF illegal drug. 5 jal drugs, nor shall they [appear for duty or be on duty while impaired by non- Prescription drugs. No employee shall abuse any | Abuse of prescription drug 5 prescription drug. Harassment |All harassment, discrimination, | Harassment or discrimination against any | 5 [and hostile work environment | employee. [complaints will be investigated through Human Resources. Off-Duty Police |Officers will not take police | Officer taking inappropriate police action 4 faction in a situation where J when off-duty. minor traffic and criminal Violations occur. Off-duty officers observing minor Violations, which they feel require police action, will refer the matter to on-duty personnel of the jurisdiction in [which the offense occurred. JOff-duty officers may take reasonable and prudent police [action on felony or serious [criminal matters coming to their attention. 10-24-16 Henderson Police Department Procedure Page 4 of 15Henderson Police Department Procedure Code of Conduct Mr CD ad TEX Category Commentary Description Class TC} Off-Duty Police | Officers will not use their police| Officer taking inappropriate police action in | 4 (continued) | 2uthorty in their personal personal situations when off-duty. affairs or those of their family, {friends or neighbors unless [such action is warranted by the immediate threat of serious bodily harm or property Jdamage. On-duty personnel will investigate those incidents that require police action. Officers will not use their police | Officer taking inappropriate police action 4 authority while engaged in | when engaged in outside employment. loutside employment. Officers will not appiy fora | Officer applying for a warrant of arrest as a] 1 warrant for arrest with vietim, themselves as a victim, Officers fing suit for damages | Officer filing suit for damages or settling the} 41 Jor setting the same without | same without notification per policy. reporting the matter in writing to the Chief of Police through [proper channels for incidents that occurred while on duty. Official Employees shall not reveal _| Disclosure of official business of the 1 Business _| official business of the Department except as authorized. Department except to those for whom itis intended or as directed by a supervisor or under due process of law. This shall not prevent the release of legitimate public information conceming daily police activities to the press, fadio of television. 10-24-16 Henderson Police Department Procedure Page 5 of 15Henderson Police Department Procedure aie Code of Conduct CD ad TEX Category Commentary Description Class TC} Public All plans for public appearance | Employees engaged in unauthorized public] 1 Appearances _|before groups of any kind, appearances. including radio and television, Hor the purpose of discussing police problems shall be [cleared through the Division JCommander. Nothing in this section shall prevent officers rom making extemporaneous [statements or speeches when called upon to do so provided Ino Department Policies or Procedures are violated. [Employees shall not engage in | Engaging in derogatory or inflammatory 1 Jderogatory or inflammatory | political or religious discussions in public, politcal or religious while on duty. Jdiscussions during public lexposure while on-duty nor | Speaking critically of nationality, race, sex | 2 shall they speak ertcally ofthe oF beliefs of another person while in public nationality, race, sex or beliefs | and on duty. lof another person. Recommendations | Employees shall not Making inappropriate recommendations, 1 Prohibited recommend any product or service related to [Departmental business such jas an attomey, ambulance service, towing service, bondsman or funeral director, etc., while in a professional leapacity. Untruthfulness [Employees are required to be | Employees who are found to have been 5 truthful in all official business | untruthful during an internal investigation, lexcept when using appropriate | in completing official department and legal, investigative documents, or in the course of their oficial techniques, duties, 10-24-16 Henderson Police Department Procedure Page 6 of 15Henderson Police Department Procedure aie Code of Conduct aula i Category Commentary Description Class Alcohol —_|No Employee in uniform or __ | Employee in uniform or wearing any 3 wearing any identifiable part of |identifiable part of the uniform drinking or the uniform shall drink oF purchasing alcoholic beverages. purchase alcoholic beverages, lexcept in the line of duty. No employee shall present himself unfit for | 5 duty because of the consumption of alcoholic beverages. An employee will be considered unfit for duty if a breath analysis records a reading of .001 or above. Plainciothes officers may __| Officer while acting in authorized 5 Jconsume alcoholic beverages | undercover capacity intoxicated or Jon duty only with the prior | consuming alcohol without prior approval of approval of a supervising __|a supervisor in conjunction with official officer and in conjunction with | police business. official police business. IRESRESTSSST enpipees sid be ste [ramen ba 1 Duties / Neglect |to their duties. Inattentive. \which affects the operation or * efficiency of the organization | Asleep while on duty. neery ofthe om employee Fallure to take police action when 2 Failure to thoroughly search for and 2 properiy collect and identify evidence of persons, property and locations in any arrest or investigation. Failure to tum over seized, found or 3 recovered property directly to property custodian, court or owner. Loss of seized, found or recovered 3 property by negligence. Bias/Racial | Officers will not engage in _| Using bias/racial profiling in the 5 Profiling __|biasiracial profiling in the performance of duties. performance of their duties. 10-24-16 Henderson Police Department Procedure Page 7 of 15Henderson Police Department Procedure aie Code of Conduct Ot AU rr) Category Commentary Description Class Department | Employees will not misuse or | Failure to property care for assigned 1 Property abuse city equipment and shall equipment or any Police Department report to their supervisor in | property, excluding vehicles. iting al loss of or damage to city-owned equipment. JAny employee guilty of wilful | willfully damaging or causing damage to, | 5 Jdamage to such property may | or loss of, such property due to neglect or be required to pay for the cost | carelessness. ofits repair or replacement jand may also receive disciplinary action. [Any employee guilty of neglect | Failure to properly care for assigned 1 Jeausing damage to such equipment or any Police Department property may be required to | property, excluding vehicles. pay for the cost of its repair or replacement and may also | Damaging or causing damage to, or loss 2 receive disciplinary action. _| of, such property due to neglect or carelessness. Failure to report loss or damage. 3 False Or No employee shall, with intent | Knowingly making a false statement or 5 Incomplete _ to deceive, knowingly cause to |entry in any departmental report, record, Reports _|be made or recorded any false | application, interview, hearing or judicial lor inaccurate reports, nor shall | proceeding any employee knowingly omit Jor cause to be omitted any | Failure to properly complete an 2 information which is required [investigation and make necessary reports. Beerementsenan Falsification of payable time to fraudulently | 5 obtain additional monies. Identification Employees shall supply at a_ | Failure to supply name and number when | 1 minimum their last names and | requested to do so. P# (numbers) when requested to do so by any person. 10-24-16 Henderson Police Department Procedure Page 8 of 15Henderson Police Department Procedure aie Code of Conduct Laci daule atest bread ee) Category Commentary Description Class Insubordination |Employees wil not speak | Refusal to obey lawful direct orders froma | 5 lritically orin a derogatory | supervisor. manner to other officers, Jemployees or any person Failure to comply with any orders, 5 regarding orders or directives, regulations, etc., oral or written, instructions issued by a whether stated in this directive or [superior officer or supervisor. |elsewhere. Repeat offenses must be of itis the right of any employee _|the same or similar directive. to respectully call it to the attention of the supervisor issuing the order orto his tuperior that such orders o instructions are inconsistent or unjust. Employees shall treat Failure to treat supervisors, in a respectful | 1 [supervisors in a respectful | manner. manner. Employees are Prohibited from making Using profane or insulting language to a 2 personal attacks that ridicule, | supervisor. belitle or defame another lemployee. Leaving [An on-duty officer shall not | Leaving city imits while on duty without 2 Assigned Area |leave the city limits or leave radio call-out or authorization from their assigned beat without | supervisor. [authorization by a supervisor [andlor exigent circumstances. |Leaving beat, work area, or area command | 1 while on duty without being dispatched or authorization from supervisor. Maintaining [Employees are required to _| Failure to maintain acceptable level of, 5 Performance _|maintain an acceptable level of performance Standards performance in all areas [designated by the Department. 10-24-16 Henderson Police Department Procedure Page 9 of 15Henderson Police Department Procedure aie Code of Conduct asa uaahdcls re) Category Commentary Description Class Reporting To | Employees will notify the Failure by an employee to notify a 2 Supervisors [Department via their chain of | supervisor and Department for an arrest, lcommand within 24 hours | ctation, or a known investigation being when they are arrested, cited, | conducted by a law enforcement agency lor suspected of having ‘within 24 hours, excluding minor traffic Jcommitted an offense inan | violations. investigation being conducted by any law enforcement agency if known by the lemployee. [Employees must report to their | Failure to report unusual activities, 2 supervisor knowledge of any _| situations or problems to a supervisor while lunusual activity, situation or [on duty. problem that involves the duty lof the Department to uphold | Failure to report the knowledge of 5 the law, Keep the peace or | commission of a crime while on duty. protect lives and property. Supervisors _ | No supervisor or person of any | Failure to property perform required 2 ank is exempt from the rules "| supervisory responsibilities. lof the organization simply because of the position held _| Failure to ensure employees perform 1 by such person. Flexibilty and |Fequired duties. rng tre tees anen the —|Failure to investigate and report actual or | 3 js | alleged incidents of misconduct or violation competence of a supervisor is | #! fn qucetoned because of the. | f Department Policies and Procedures. |additional authority and Failure to ensure y proper care of 1 }greater responsibility. Departmental property and equipment. Misuse and/or abuse of supervisory 3 authority or privilege. Using profane or insulting language 2 directed at a subordinate. 10-24-16 Henderson Police Department Procedure Page 10 of 15,Henderson Police Department Procedure aie Code of Conduct asa uaahdcls re) Category Commentary Description Class Telephone |All employees shall maintain a | Failure to maintain a telephone or message| 1 Number And__ residence address & number. ‘Address __|telephone number where a message can be left on file )with the Department. JA mailing address maybe | Failure to maintain a residence address. 1 maintained in addition to a physical address where the lemployee resides. [Employees shall notify the | Failure to notify Department of change of | 1 Jdepartment of any change of |residence and or mailing address or residence and /or mailing _| telephone number. [address or telephone number within twenty-four (24) hours of the change. Tobacco —_| Employees are restricted from | Use of tobacco in public. 1 lusing tobacco or smokeless, tobacco products. Use of tobacco in or on a City vehicle. 1 Use of _|Alluse of the City of Improper use of electronic mail 5 Electronic [Henderson's computer - ~ Equipment _ [systems will be in compliance | Improper use of internet services. 5 ge appropriate Policy | rnproper use of computers. 5 Use Of Force | Officers will only use that force | Excessive use of force. 5 Inecessary to effect an arrest or protect themselves or other persons from injury or death. Vehicles And |Dept. Vehicles For Official | Employee uses Department vehicle for 3 Driving [Business - other than official business or for personal Employees shall not use use and benefit. [Department vehicles without Employee commits a minor traffic violation | 2 the permission of a superior |= ticernor shal they use them |" @ department vehicle resulting in an for other than official police | @¢cident with damage, injury, or death. business. When using a Dept. vehicle, they will be used in a [safe and lawful manner. Employee commits a traffic violation of a 5 serious nature in a department vehicle resulting in an accident with damage, injury, or death, 10-24-16 Henderson Police Department Procedure Page 11 of 15Henderson Police Department Procedure aie Code of Conduct Category Commentary Description Class Vehicles And |Dept. Vehicles For Official | Employee is at fauit in a non-citable 1 Driving | Business - accident resulting in damage to a (continued) | Employees shall not use Department vehicle or other property. [Department vehicles without wolati the permission of a superior [Employee commits traffic violation for no 1 tiger, nor shall they use them [ald feason while in Department vehicle {for other than official police business. When using a Dept. vehicle, they will be used in a [safe and lawful manner. Employee fails to use a seatbelt while 1 operating a Dept. vehicle. [Care For Vehicles — Failure to properly care for assigned 1 [Employees will not misuse or | vehicles. abuse city owned, rented, or leased vehicles and shall | Causing damage to aDepartment vehicle | 2 properly care for assigned _| or contributing to the loss of the vehicle or vehicles. Employees shall _| the loss of any property or equipment from notify their supervisor the vehicle due to carelessness or neglect imediately of all losses from | (excluding accidents). Jor damage to city-owned, Rented ovlessed vehicles and |Failure to report loss, damage or accident. | 3 then submit a written report as [soon as practical. PNY Category ‘Commentary Description Class Reporting For |Employees will be punctual, | Absent without leave. 3 Dui Prepared for duty as assigned, a land report for their regularly _ |Unexcused tardiness. 1 pete sate ne re Vass anor muse of ack ave 5 includes reporting for court, mandatory training, firearm qualification, other special assignments, meetings or temporary schedule changes at the time and place designated. 10-24-16 Henderson Police Department Procedure Page 12 of 15Henderson Police Department Procedure aie Code of Conduct 1094.5 DISCIPLINE AND PRIOR OFFENSES [CALEA 26.1.4, 26.1.7] ‘The Department is committed to utilizing disciplinary actions as a means to change and correct behavior. The Department will normally apply discipline progressively, however, based on the severity of the violation and/or the totality of the incident, there will be times when non- Progressive discipline, up to termination, may be warranted and implemented, 1094.6 TYPES OF DISCIPLINE CHART The Types of Discipline Chart outlines the maximum level of discipline that may be imposed based upon the sustained violation. The following chart outlines the Types and Class of discipline an employee may be given. If there is more than one type of discipline listed in a Class, any of the listed types in that Class, or a lower/lesser Class, or a combination thereof may be imposed. For example, if a Class 4 violation is sustained, the Chief of Police, or designee, can choose any of the Class 4, 3, 2, or 1 Types of Sanctions to impose as discipline. Additionally, the Chief of Police, or designee, may determine that the sustained violation does ot warrant formal discipline, and in such cases, the matter may be referred to a supervisor for corrective measures, such as coaching and counseling, additional training, or a verbal reprimand. beta k a Ta a Class Type ‘Subsequent Similar Violation 1 |Written Reprimand — A letter from the _|24 months (2 years) after the date on the written [Chief of Police or designee, outlining the | reprimand. Subsequent similar violations add up to 12 sustained violations and future months. jexpectations. Each subsequent sustained similar violation-will increase the Class Level by one level 2 |Minor Suspension - A temporary '36 months (3 years) after the date on the notice of removal from active work status, without | suspension. Subsequent similar violations add up to [pay for a minimum of 1 hour to a 24 months. maximum of 40 hours. Removal from Promotion Lists — Each subsequent sustained similar violation will, Removal of an employee from a increase the Class Level by one level. promotion eligibility list prior to the expiration of such list. 10-24-16 Henderson Police Department Procedure Page 13 of 15Henderson Pol Code Mr lice Department Procedure of Conduct ae Gc) Class Type Subsequent Similar Violation 3. [Disciplinary Transfer - The reassignment Jof an employee from one assignment to [another at the direction of the Chief of Police. Major Suspension - A temporary removal from active work status, without pay, for a minimum of 41 hours to a maximum of 80 hours. 36 months (3 years) after the date on the notice of suspension. Subsequent similar violations add up to 24 months. Each subsequent sustained similar violation will increase the Class Level by one level. Reduction in Grade/Pay — Reduction from Jone step in the pay scale to the next lower step in the pay scale or, for those employees 60 months (6 years) after the date on the notice of suspension. Subsequent similar violations add up to 24 months. notin a progressive pay scale, reduction of a ; [pay whether hourly or salary. Each subsequent sustained similar violation will increase the Class Level by one level. Demotion — Movement of an employee from Jone classification to a different classification which is on a lower salary grade than the original classification. [Termination - The involuntary separation of Jan employee from employment with the City lof Henderson. Not Applicable ooo pA ccroditaion Stanger CALEA 1.2.9, Bias Based Policing CALEA 26.1.1, Code of Conduct and Appearance CALEA 26.1.4 Disciplinary System CALEA 26.1.7 Dismissal Procedures CALEA 33.1.2, Attendance Requirements Reference(s) ‘COH Administrative Policy #017, Electronic Mail/internet Usage Memorandum of Agreement between the City of Henderson and the Henderson Police ‘Supervisors Association, November 28, 2011. Effective Date Purpose 124-11 Changes to several class codes and text in several category, commentary, and description areas. 10-24-16 Henderson Police Department Procedure Page 14 of 15Henderson Police Department Procedure aie Code of Conduct T3135 M304 Code of Conduct, dated 12-1-11, changed to DPM1094 same title. No additional changes. DM304, Code of Conduct, dated 12-1-11, rescinded. 0-24-16 | Annual review, no changes needed. 10-24-16 Henderson Police Department Procedure Page 15 of 15,