GEORGETOWN

POLICE DEPARTMENT

GENERAL ORDER
Dan Furr, Chief of Police
General Order # Title Effective Date

104
Review Schedule

Code of Conduct
CALEA Reference

1 JAN 01
Statutory Reference 23-24-10, 20, 30, 40, 50 Number of Pages

Annual
Distribution

22.3.3-4, 26.1.1, 26.1.3

Special Instructions See also City of Georgetown Personnel Policy Numbers 1, 17, and 18

All
I.

PURPOSE This order establishes the Georgetown Police Departments Code of Conduct, hereafter referred to as the Code of Conduct. The Code of Conduct defines departmental expectations regarding on duty and off-duty personal behavior. II. POLICY All members of the Georgetown Police Department shall maintain high standards of conduct and appearance. The public trust, created through the broad and often intrusive powers and duties prescribed for officers by law, may only be maintained through personal integrity, diligence, and adherence to a code of conduct. Officers shall use appropriate discretion at all times (see General Order 103- Law Enforcement Role & Authority, IV[V]), guided in part by the GPD Code of Conduct. However, no part of this order or the Code of Conduct limits the actions which may be taken against employees because an alleged act or omission does not specifically appear in this order, this manual, other orders of the department, or in the laws or ordinances of which the department is responsible to enforce. III. DEFINITIONS Good moral character: The attributes of an employee that enhance his or her value to the department and to public service which include honesty, integrity, truthfulness, adherence to the oath of office, the code of conduct, and the code of ethics, respect for authority, and respect for the rights of others. Hostile work environment harassment: A form of sexual harassment wherein unwelcome

conduct is so severe or pervasive as to change the conditions of the victim's employment, thus creating an intimidating, hostile, or offensive work environment. Law enforcement off-duty employment: Off-duty employment which may entail the use of law-enforcement powers granted by the State of SC, or which may imply that the officer could use those powers. Moral turpitude: An intentional act or behavior displayed in words or actions which violates public morals or the common sense of the community involving but not limited to intent to defraud, intentional dishonesty for personal gain, lying, perjury, subornation of perjury, cheating, bribery, unlawful possession of controlled substances, sexual harassment, unlawful sexual conduct, or excessive use of force. Quid pro quo harassment: A form of sexual harassment which occurs when an employee is being pressured to engage in sexual conduct or else lose a tangible job benefit. (Quid pro quo means "something for something.") This form of harassment usually occurs between a supervisor and a subordinate where the harasser has power to control the employee's work benefits or conditions. Note that this form of harassment is not limited to express demands for sexual favors, but may be implied by circumstances (e.g., offering an employee sexually explicit magazines). Sexual harassment: The Civil Rights Act of 1964 prohibits discrimination based on color, race, religion, age, national origin, and sex. Sexual harassment is a form of sex discrimination,

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defined as unwelcome sexual advances, requests for favors, and other verbal or physical conduct that enters into employment decisions, or conduct that unreasonably interferes with an employee's work performance or which creates an intimidating, hostile, or offensive working environment. Two kinds of sexual harassment apply, quid pro quo harassment and hostile work environment harassment. The two forms of harassment may overlap. IV. PROCEDURES & RESPONSIBILITIES A. General Duty All officers shall, within jurisdictional limits, prevent crime, preserve the peace, protect life and property, detect and arrest violators of the law, and enforce the laws of the United States, the State of South Carolina, and City of Georgetown ordinances, according to the rules, regulations, and general orders of the department. Officers must know that when they act under color of law, they are enforcing the law according to statutes, written administrative guidance in the department, ordinances, common usage, and custom. Further, officers shall exhibit good moral character in the administration of their duties according to departmental orders. Officers shall respond to lawful orders, as well as requests for assistance form the public. The delegation of the enforcement of certain laws and ordinances to particular units of the Department does not relieve officers of other units from the responsibility of taking prompt, effective police action within the scope of those laws and ordinances when the occasion so requires. Members assigned to special duties are not relieved from taking proper action outside the scope of their specialized assignment when necessary. All officers and employees shall perform their duties as required or directed by law, departmental rule, policy, or order; or by order of a superior officer. Failure or deliberate refusal by any officer or employee to obey a lawful order given by a superior officer shall be considered insubordination, which shall be handled in accordance with General Order 106 (Discipline). Although no general order could list every prohibited act or provide specific guidance for every conceivable situation, General Order 104 Page 2 of 9

the following items represent, as concisely as is possible, a summation of the Chiefs guidance in regard to duties: 1. Unless otherwise directed, officers shall report for duty or daily roll call at the time and place specified, properly uniformed and equipped. They shall give careful attention to orders and instructions. Absence from duty will be governed by City regulations. 2. Immediately upon reporting for duty, officers and employees shall record their correct residential address and telephone number with the administrative section. Officers and employees are required to have standard, hard wired telephones at their place of residence. Mobile telephone equipment such as cellular or digital phones shall not be considered a home telephone for the purposes of this order. Changes in address or telephone numbers shall be reported to the department within 24 hours of the change. The address and telephone numbers of officers and employees shall not be released to anyone except officers and employees of the department. 3. All officers and employees are to remain at their assignment and onduty until properly relieved by another officer of employee or until dismissed by competent authority. 4. Except when impractical or not feasible, or where the identity is obvious, officers shall identify themselves orally and by displaying the official badge or identification card before taking police action. 5. Officers and employees shall promptly submit such reports as are required by the performance of their duties or competent authority. All reports will be completed before relief of duty unless approved by a supervisor. 6. The conduct of all public officials and public employees is governed by certain statutes, rules, and regulations and for this reason any incidents involving these persons shall be properly documented in the appropriate manner and forwarded to the Chief of Police.

7. All officers and employees who are issued manuals, reference materials, and/or records are responsible for their maintenance and will make appropriate changes or inserts as they arise. 8. Officers and employees are required to surrender all departmental property in their possession upon separation from GPD. When officers are transferred to a new duty assignment, special property shall be returned as requested. Final paychecks will not be released until proper property clearance is obtained. 9. Any officer or employee receiving written or verbal communication for transmission to a higher command shall in every case forward such communication in a timely manner. An officer receiving a written communication from a subordinate directed to a higher command shall endorse it indicating approval, disapproval or acknowledgement. 10. Any employee summoned to appear before a court of record shall observe the appearance regulations as found in General Order 110 (Appearance & Duty Uniforms). Employees shall fully comply with all legally issued subpoenas in a timely manner. Court orders and subpoenas receive precedence over supervisory orders, unless the order is from the Chief of Police. B. General Conduct Officers shall, whenever on duty, conduct themselves in a professional manner and carry out their duties in such a manner as to avoid embarrassment or discredit to GPD. All employees shall display a respectful attitude toward their supervisors, subordinates, associates, and the public. Employees shall adhere to the following guidelines: 1. When on duty and in the presence of the public, officers shall address or refer to each other by rank. Employees shall address their subordinates, associates, supervisors, or members of the general public courteously and shall not use abusive, violent, insulting, or provoking language.

2. Employees shall at all times be civil and courteous. They shall maintain an even disposition and remain calm, regardless of provocation, in executing their duties. 3. Employees shall always display absolute honesty. 4. An officer shall not display cowardice in the line of duty or in any situation where the public or another officer might be subjected to physical danger. Unless actually incapacitated themselves, officers shall aid, assist, and protect fellow officers in time of danger or under conditions where danger might be impending. 5. Employees shall not at any time use or attempt to use their official position, badge, or credentials for personal or financial gain or advantage. 6. Employees shall restrict personal conversations or personal associations to an appropriate minimum while on duty. Employees shall behave in a business-like manner while in the workplace, and carry out their duties in such a manner as to display respect toward those sharing workspaces or areas. C. Knowledge and Training Every officer and employee is required to establish and maintain a working knowledge of the law, their position, and the skills attendant to the accomplishment of assigned duties. Officers shall request relevant training, attend basic and advanced courses as required or directed, and shall maintain any licenses or advanced certifications obtained through GPD. D. Obedience to Law 1. Employees shall obey all federal and state laws, and City ordinances in Georgetown or other municipality in which the employees may be present. 2. Supervisors shall not knowingly or willfully issue any order in violation of any law or ordinance or order of the department. 3. Employees shall immediately notify their supervisor if they have been arrested, subpoenaed to court, or

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have otherwise been involved in any legal proceedings except divorce. 4. Employees who become involved in any accident, incident, or altercation, or any problem which may come to the public attention and reflect poorly upon GPD, shall give oral notification as soon as possible, and within 24 hours in writing to his supervisor. Supervisors shall forward relevant information through the chain of command as rapidly as possible. 5. Employees shall avoid involvement in any civil disputes involving neighbors or acquaintances. E. Conduct Toward Others Officers and employees shall treat superior officers, subordinates, associates and the public with respect. They shall be courteous and civil at all times in their relationships with the community and one another. When it is necessary for them to address people or give orders during the performance of their duties, they will do so in ordinary, businesslike language and speak affirmatively and emphatically as the circumstances require. 1. Any serious policy or procedural problems or differences with another agency or its personnel shall be brought to the attention of the Chief of Police who will meet with appropriate personnel of these agencies to resolve problems. 2. All employees of the department shall assist and cooperate with all federal, state, and local law- enforcement agencies in every way possible allowed by law. 3. Officers often encounter citizens who need specialized help that GPD cannot provide (e.g., marriage counseling, mental health counseling, welfare assistance, assistance in the execution of civil matters). When this situation arises, officers shall refer the citizen to the most qualified agency to deal with the problem, or consult his supervisor. F. Gratuities and Rewards 1. Police discounts, special purchasing privileges, or other benefits shall not be knowingly accepted by a member of the department when such benefit is granted either fully or partially as a

result of his employment by the Department. 2. Gifts, rewards, or gratuities given to GPD or any member of the department shall be returned to the provider with an explanation of the department policy. If the provider is unknown, the item will be given to the City of Georgetown General Fund. 3. No GPD employee shall offer or give gifts, gratuities, or special privileges to any other person or agency in expectation of special benefit to himself or the department. 4. Officers and employees shall not permit their names or photographs to be used to endorse any product or service in any way connected with law enforcement without the permission of the Chief of Police. They shall not, without the permission of the Chief of Police, allow their names or photographs to be used in any commercial testimonial alluding to their position or employment with GPD. G. Prohibited Activities Officers and employees may not, while on duty, engage in any of the following activities: 1. Sleeping, unless approved by supervisor during exigent circumstances (e.g., down time during disaster preparedness or response shifts). 2. Sexual conduct. 3. Conducting personal business so as to interfere with duty. 4. Carrying any article detracting from proper performance of duty. 5. Gambling, unless to further a police mission. 6. Horseplay involving a weapon or other GPD equipment, or which may result in injury to an employee or embarrassment to the department. 7. Buying alcoholic beverages while onduty. 8. Acting as bailor for anyone other than a family member. 9. Releasing any information to a suspect or convicted person that would enable an escape from custody or hamper an investigation. 10. Selling, trading, or buying chances or bets, or any other gambling while on

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duty, unless to further a police mission. 11. Recommending legal counsel or bondsmen to any person. H. Operational Security Officers and employees shall not release police information outside the Department except as provided elsewhere in this manual or as required by law or competent authority. Specifically, information contained in police records, other information ordinarily accessible only to officers and employees, and names of informants, complainants, witnesses and other persons known to the police are considered confidential. I. Compromising Criminal Cases Employees shall not compromise the integrity or effectiveness of any criminal investigation, active or closed, in any way. Specifically, employees may not: 1. Interfere with the service of lawful process. 2. Interfere with the attendance or testimony of witnesses through coercion, bribery or other means. 3. Attempt to have any arrest, traffic citation or notice to appear reduced, voided or stricken from the calendar or records without lawful cause. 4. Take any other action which will interfere with the efficiency or integrity of the administration of criminal justice. 5. Having knowledge of such interference, fail to inform a superior officer.

toward, or otherwise defame the department, its policies, or other employees when to do so might disrupt operations or adversely affect morale or create disharmony in the workplace. K. Departmental Property 1. Officers and employees shall maintain Department property and equipment assigned to them securely and in good condition. Special care is expected for the safeguarding of any and all weapons entrusted to an officer. 2. At the beginning of a tour of duty, employees shall examine any vehicle or equipment assigned to them and report any operational deficiencies, damage, or defects to their supervisors. Failure to report damage or defects creates the presumption that the employee inspected the vehicle and found no damage or defects. 3. In the event departmental property is found bearing evidence of damage which has not been reported, it shall be prima facie evidence that the last person using the property/equipment was responsible. Officers and employees will be responsible for the replacement or repair of equipment damaged through their carelessness or neglect. 4. Officers and employees shall immediately report to their commanding officer in writing any loss of or damage to departmental property assigned to or used by them. The immediate superior will be notified of any defects of hazardous condition existing in any Department equipment or property. Officers and employees will be responsible for the replacement of any lost equipment due to carelessness or neglect, at the discretion of the Chief of Police. 5. Employees shall not temporarily or permanently convert any department property to their own personal use or the use of any other person. 6. Employees shall operate GPD vehicles and other departmental equipment in such a manner as to avoid injury to persons or damage to property.

J. Public Appearances and Free Speech If an employee receives a request to make a public presentation or appearance on the department's behalf or publish an article concerning his or her duties, the employee shall request permission from the Chief of Police. GPD desires no interference with the First Amendment rights of officers and other employees. The department can and shall, however, authorize appearances or writings that represent the agency and may therefore restrict activities only where the employee may represent an agency view. Employees shall not unjustly criticize, ridicule, express hatred or contempt

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L. Courtesy for National Colors Uniformed officers will come to attention and salute with their right hand the national colors and anthem at appropriate times, or when ordered to do so. The hand salute shall be rendered by raising the right smartly to until the fingertips are lightly touching the right temple (or brim of approved headgear or side of glasses). The elbow is held even with the body, and the upper arm is parallel to the ground. Officers and employees in civilian dress shall render proper civilian honors to the national colors and anthem at appropriate times. M. Intoxicants All GPD employees shall scrupulously adhere to all City of Georgetown policies in regard to the use of intoxicants. The following regulations also apply: 1. Officers and employees shall consume neither alcoholic beverages nor medication prior to reporting for duty to the extent that evidence of such consumption is apparent when reporting for duty, or to the extent that ability to perform duty is impaired. 2. Officers and employees shall not at any time be intoxicated while on duty. Officers shall not at any time, on or off duty, be intoxicated in public view so as to bring discredit to the Department. 3. No employee may bring into or keep any intoxicating liquor or alcohol into GPD buildings or facilities except as necessary in the performance of a police task. 4. In the event of an emergency recall, each officer must determine fitness for duty if alcohol has been consumed. A supervisor shall be consulted and asked to confirm or deny, as appropriate, the officer's judgment in the matter. No adverse actions will be taken if, in the case of an emergency recall, the officer believes him- or herself to be incapacitated for duty, says so, or is told so by a supervisor before actually going on duty. N. Tobacco Use The use of tobacco products while on duty shall be as inconspicuous as

possible at all times. In no event will an employee smoke or use a tobacco product in any public or private place where smoking is prohibited by State Law, City Ordinance, or GPD policy. Additionally, employees shall adhere to the following regulations: 1. Smoking is prohibited in all office and building areas under departmental control and occupied by department employees, except in designated smoking areas. Those areas will be detailed in memorandum form directly from the Chief of Police. 2. Smoking is prohibited in all GPD vehicles. 3. Officers shall not smoke or otherwise use tobacco products while engaged in traffic control, on an investigation, or while otherwise in contact with the public in any way, or while in a position where they may be viewed by any citizen. 4. Employees shall not carry or deposit articles or paraphernalia used to facilitate the consumption of tobacco products into GPD facilities or vehicles. O. Correspondence Employees may not use the GPD physical address or City of Georgetown postal address on their personally owned motor vehicle registration, drivers license, or other non-departmental documents of a similar nature. Employees may not use departmental or City letterhead for private correspondence, or send correspondence out of the department over their signatures without the general permission of the Chief of Police. P. Non-Departmental Employment In accordance with 23-24-10, GPD officers may perform law enforcement work for private entities while off-duty. The Chief of Police, however, shall restrict the type and amount of employment in which officers may engage. Employees must request permission form the Chief of Police (in writing) prior to engaging in any nondepartmental employment, to include self-employment. The Chief shall review the request and approve or disapprove the request in accordance with this order. Non-departmental employment may not create a conflict of interest. A conflict

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of interest, to be determined by the Chief of Police, is any activity inconsistent, incompatible, or in direct conflict with the duties, functions, and/or responsibilities of the department. Employees shall adhere to the following guidelines: 1. Total law enforcement related employment (on and off-duty) may not exceed 18 hours per day. Total law enforcement related employment (on and off-duty) may not exceed 65 hours weekly. 2. The Support Services Division Commander (or his designee) shall serve as the off-duty employment coordinator, to serve as liaison between officers and private entities wishing to hire officers for law enforcement related off-duty work and manage schedules, changes, etc. 3. The off-duty employment coordinator shall inform potential employers in regard to the limitations imposed by this order, departmental policy, and State law. Employers must agree to abide by all pertinent regulations in regard to the off-duty employment. 4. The off-duty employment coordinator shall keep monthly records of the law enforcement related off-duty work performed by GPD officers. Copies of the master schedules shall suffice for the purposes of this order, if they include officer names, dates, and times. 5. The Chief of Police shall set the minimum salary which may be paid to a GPD officer, regardless of the entity providing payment. Officers may not enter into any agreement to perform work for less than the approved rate. The approved rate shall not be lower than the minimum starting salary for a GPD officer. 6. Serving as a recruiter and receiving compensation for procurement of law enforcement-related jobs for other department employees is prohibited. 7. No employee shall solicit any person or business for the purpose of gaining law enforcement-related off-duty employment, and, while on duty, shall not solicit any person or business for the purpose of gaining secondary employment. 8. Officers performing law enforcement related off-duty employment shall General Order 104 Page 7 of 9

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wear an approved uniform in accordance with General Order 110 (Appearance and Duty Uniforms), and shall perform duties only within the corporate limits of Georgetown, SC (unless specifically authorized under State law, e.g. SROs traveling with school functions, etc.). Officers working law enforcement related off-duty jobs may utilize departmental equipment and vehicles, if available and approved by the Chief of Police. At no time will GPD equipment be used for off-duty employment when it is needed to contribute to the departments primary mission. Arrests made while engaged in offduty law enforcement-related employment shall be limited to felonies or criminal misdemeanors committed in the officer's presence or a breach of the peace jeopardizing public safety. Officers shall not effect arrests if they are personally involved in the incident underlying the arrest, or in cases wherein the officers actions only further the interests of the employer. Officers making arrests are considered on duty while effecting the arrest and completing any other attendant duty (booking, transportation, etc.). All GPD policy applies to these duties. Officers working law enforcement related off-duty jobs are subject to orders made by on duty supervisors, and are subject to recall to regular duty. Probationary officers, those on sick leave or light duty, and suspended officers may not perform law enforcement related off-duty employment. The Chief of Police shall disapprove any employment that demeans the status or dignity of the lawenforcement profession, or otherwise represents a conflict of interest. Examples of such employment include: a) Retailers which sell pornographic materials, or provide services of a sexual nature. b) Retailers who sell, manufacture, or transport alcoholic beverages as the principal business.

c) Any firm connected with the towing or storage of vehicles, bill collecting, bodyguards, repossessors, private investigators, process servers, or taxi cab drivers. d) Performance in department uniform of any tasks other than those of law enforcement. e) Performance of any work for a business or labor group that is on strike. f) Performance of personnel investigations for private firms, or any employment requiring the officer to have access to police files, records, or information as a condition of employment. g) Performance of any activity which supports case preparation for the defense in any criminal or civil action. 15. The Chief of Police may revoke permission to work off duty if the officer fails to perform adequately on duty or receives disciplinary action. To be eligible for permission to work off duty, officers must be in good standing with the department. Continued permission to work off duty is contingent upon remaining in good standing, as well as the discretion of the Chief of Police. Q. Sexual Harassment GPDs policy is to provide a professional, businesslike work environment free from all forms of employee discrimination including incidents of sexual harassment. No employee shall be subjected to unsolicited and unwelcome sexual overtures or conduct either verbal or physical. Any acts consisting of or contributing to overt sexual harassment, quid pro quo harassment, or a hostile work environment shall constitute grounds for disciplinary action, up to and including termination. Employees shall adhere to the following regulations: 1. The department considers romantic relationships between supervisors and subordinates non-consensual. The Chief of Police may transfer or discipline one or both participants based on operational considerations. 2. Supervisors shall ensure that pornographic or suggestive photographs, illustrations, or cartoons General Order 104 Page 8 of 9

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shall not be posted or kept in any work area. Materials of this kind used for investigative purposes shall be properly secured according to evidentiary standards. Supervisors shall order employees on department premises who are making sexually hostile comments, putdowns, or degrading remarks about other persons of the same or opposite sex to cease. Employees who do not cease, or supervisors who do not order the behavior stopped are subject to disciplinary action. Employees shall avoid physical contact with one another unless required by a training situation or police procedure. Kissing, back rubbing, embracing, and other unnecessary touching are prohibited on department premises. Personnel shall not retaliate against any person for reporting sexual harassment, giving testimony, or participating in the investigation. Retaliation in any form shall result in discipline. An employee who believes he or she has been sexually harassed should first tell the offender to cease the inappropriate behavior, although circumstances may not always allow the complainant to make this request. If the conduct does not stop, or if the complainant is unable to confront the offender, the complainant shall contact his or her own immediate supervisor. The employee shall submit a memorandum to the Chief of Police through the chain of command detailing circumstances. If a supervisor learns of an incident of harassment, he or she shall investigate the matter even if the victim did not submit a complaint. After a sexual harassment complaint is filed, the Chief of Police shall immediately take whatever actions are necessary to eliminate further work contact between the complainant and accused harasser, and shall initiate an internal investigation in accordance with General Order 107 (Internal Affairs and Complaints). If the accused harasser is the complainants supervisor, or any supervisory or command person, the complainant may make the complaint

directly to the lowest ranking position above that of the accused harasser. If the accused harasser is the Chief of Police, the complainant may report the situation directly to the City Administrator. BY ORDER OF:

Dan Furr, Chief of Police

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