Pursuant to Federal, State and Village laws, the rules and regulations set forth in this section are established for the guidance and government of the Police Department, its members and employees.
The right is reserved to the Chief of Police, with the consent and approval of the Commissioner of Public Health and Safety and the Mayor, to amend or revoke any of the rules and regulations and to make additional rules and regulations from time to time as the circumstances for the good of the service may require. If any provision, clause or phrase of these rules and regulations or the application of the same to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the remaining rules and regulations which can be given effect without the invalid provision or application, and to this end the provisions of these rules and regulations are declared to be separable.
Individuals subject to these rules and regulations must understand that no compilation of rules and regulations can be established which will embrace all cases arising in the discharge of their duties. Necessarily some matters must be left to the intelligence and discretion of the individuals. However, all employees and members of the Department must understand that if discretion is used by a member of the Department in a wanton or unreasonable manner which is determined to be detrimental to the discipline and efficiency of the Department and the image of the Village, and which law and sound public opinion recognize as injurious to the ability of the Department and the Village to protect and serve the community, such member of the Department who violates or attempts to violate these rules and regulations will be subject to disciplinary action.
Disciplinary action for violations of these rules and regulations, either attempted or actual, or an improper utilization of discretion of the aforementioned type, shall be exclusively limited to reprimand, suspension, reduction in rank or dismissal.
Existence of facts establishing a violation of law, rules or regulations, general or special orders, policies or procedures or written or verbal orders, is all that is necessary as a basis for Departmental discipline. All previous rules and regulations of the Police Department are superseded as of the date and time of approval of these rules and regulations by Council and the Mayor. Any cause of action which may arise during a period of time in which these rules and regulations are not in effect shall be handled by the rules and regulations in effect at the time of the occurrence of the event which created the cause of action.
The following are applicable and prohibited to all employees and members of the Department and may be made the subject of disciplinary action:
(1) Violation of Law. Violation or attempted violation of a Federal, State, County or Municipal law;
(2) Disobedience of Orders. Failure to obey and fully execute any lawful order, written or oral, given by a superior officer or employee which includes, but is not necessarily limited to, these rules and regulations, all general and special orders and policies and procedures of the Department. "Lawful order" shall be construed as an order in keeping with the performance of a duty prescribed by law or by these rules and regulations, or for the preservation of good order, efficiency and proper discipline, which is not in conflict with these rules and regulations.
(3) Possession or Use of Alcohol. Possession and/or use of alcohol on duty, unless absolutely required to conduct a police investigation. No member or employee of the Department shall be, to any degree, under the influence of alcoholic beverages while on duty. Additionally, being intoxicated in public while off duty is prohibited. For purposes of
this rule, a person shall be considered intoxicated if the amount of alcohol in his or her blood attains or exceeds the level of the presumption of being under the influence as found in the Illinois Vehicle Code.
(4) Possession or Use of Controlled Substances. Possession and/or use of controlled substances, except with the approval and guidance of a licensed physician of the State and with the knowledge of a superior. At no time may an employee of the Department use or be under the influence of a controlled substance where such use or influence impairs or compromises the efficiency and integrity of the Department or the Village.
(5) Payment of Debts or Legal Liabilities. Failure to pay all just debts and legal liabilities. No member or employee shall borrow money from or otherwise become indebted to a Village official or other member or employee of the Department, or solicit a Village official or other member or employee to co-sign, endorse or in any way guarantee a promissory note or other loan, or offer to act as co-signer, endorser or guarantor of a promissory note or other loan for a Village official or other member or employee of the Department.
(6) Information on Criminal Activity. Withholding of information on criminal activity;
(7) Self-Assigned Police Action. For the purpose of this section, "self-assigned" means action undertaken at the discretion of a member of the Department without the request, direction or instruction of a superior. The undertaking of self-assigned police action while off duty and outside the corporate limits of the Village, except when necessary because of imminent danger to life, is prohibited. All such action shall be reported to the Chief of Police within twenty-four hours in writing.
(8) Prohibited Association or Frequenting. Frequenting or associating with persons, organizations or places with a bad reputation, unless necessary for police business, where such associating or frequenting would be detrimental to the image of the Department or the Village. To this end, personal association with persons who have been convicted of a felony within the last five years, who are under criminal investigation or indictment, or who have an open and notorious reputation in the community for felonious activity, is prohibited.
(9) Non-Cooperation with Police Investigations. Failure to fully cooperate with a police investigation. Nothing in this section shall be construed as a violation of one's Federal or State constitutional rights.
A. While engaged in activities at an approved range;
B. During the killing of animals seriously injured or dangerous when other disposition is impossible or impractical;
C. In defense of his or her life;
D. In defense of another's life;
E. Whenever the use of a weapon is justified by law and there is no other practical means by which a member may perform his or her duty.
Officers discharging a weapon accidentally or intentionally, other than on a range, shall report the same in writing to the Chief of Police prior to the termination of his or her tour of duty.
(11) Public Criticism of the Department. Public criticism of the Department, its policies or members by talking, writing or expression in a manner where such talking, writing or expression:
A. Is defamatory;
B. Is obscene;
C. Is unlawful;
D. Tends to impair the operation of the Department by impairing its efficiency or interfering with the ability of supervisors to maintain discipline; or
E. Has been made with reckless disregard of truth or falsity.
To this end, employees and members shall make maximum utilization of the grievance procedure described in the general orders of the Department.
(12) Divulgence of Departmental Business. Discussion of any operation or official business of the Department which is of a confidential nature with anyone outside the Department without the permission of a superior. For purposes of this section, all Department documents and orders are to be considered confidential, unless otherwise directed by a superior. This section does not apply to orders that are of such a nature that they must be communicated to others.
(13) Department Correspondence. Entering into official Department correspondence with any person or agency outside the Department, except with the approval of the Chief of Police. All official Department communications, by telephone or otherwise, outside of the Village, without the permission of a superior, are prohibited.
(14) Political Utilization of Official Position. Utilization of one's official position with the Department for political purposes. To this end, the use of his or her official position for a non-duty related involvement in an election is prohibited. Nothing in this section shall be construed to prohibit a member of the Department, as a private citizen, from:
A. Exercising the right of suffrage;
B. Casting a vote or expressing his or her opinions privately;
C. Being delegates to or members of a political caucus; or
D. Taking part in a political canvass.
(15) Notices; Pasting, Circulating, Destroying or Defacing. Destroying or defacing an official written notice relating to police business. The posting or circulation of notices of a nonofficial derogatory character relating to a person, group or police activity is prohibited.
(16) Personal Appearance. Failure to have a neat, clean personal appearance, which adversely reflects upon the individual's competency, efficiency and pride as a member of the Department and upon the ability of the Village and Department to foster and enhance a professional, efficient, effective image and posture. To this end, the wearing of an improper uniform and the failure to carry all necessary police equipment or to maintain his or her uniform and/or equipment in good order are prohibited.
(17) Professional Image. Failure to work diligently or with a bearing consistent with the image of a professional police officer, including, but not necessarily limited to, the following:
A. Smoking or chewing gum in uniform when in plain view of the public;
B. Unnecessary shouting or use of obscene language;
C. Leaning on walls, posts, cars, etc.;
D. Tardiness in reporting for work;
E. Conducting personal business while on duty;
F. Sleeping, loafing or being idle while on duty;
G. Taking excessively long meals or refreshment breaks;
H. Failure to respond promptly to a request for police service;
I. Failure to return promptly to service after handling a call for police service;
J. Taking a meal or refreshment break in a public place with another on-duty member of the Department without the approval of a superior; or
K. Lack of courtesy to an individual, either on the telephone or in person.
(18) Use of Force. Use of force contrary to or not in accordance with Chapter 38, Section 7-1, or use of force which is excessive to accomplish his or her lawful purpose. To this end, all prisoners shall be treated humanely and with regard to their legal rights.
(19) Recommendation of Attorney or Bondsman. Recommendation to a suspect or prisoner of the retention of a specific attorney, law firm, bail bondsman or bonding company. This section does not apply, however, to reference of the Public Defender, the Legal Aid Society or the Lawyer's Reference Service.
(20) Carrying of Gun. The carrying or possession of a firearm in any place other than one's own home, when alcoholic beverages are consumed by the person carrying or possessing the firearm. This rule does not apply where the carrying of a firearm is necessitated by police business or with the approval of the Chief of Police. The carrying or possession of a firearm at any time or in any place outside the Village by a part-time member, unless on official duty or with the approval of the Chief of Police, is also prohibited.
(21) Departmental Property; Reporting Damage or Return. Failure to immediately report, in writing, all damage to police vehicles and equipment, or to file a report which contains all known facts surrounding the cause and nature of the damage. If Municipal property is found bearing evidence of damage which has not been reported, it is prima-facie evidence that the last person using the property or vehicle is responsible. Additionally, officers shall return all equipment owned by the Department when they retire, resign or otherwise leave the Department, and when ordered to do so because of suspension or other absence from work.
(22) Unauthorized Persons in Police Vehicles. Allowing unauthorized persons to ride in police vehicles. Unauthorized persons are those who are not police personnel, prisoners or on official (authorized) police business.
(23) Duty to Read, Understand or Comply with Orders. Failure to read, understand or comply with all rules and regulations and general and special orders, policies and procedures of the Department, and written or verbal orders of a superior. To this end, it is considered to be neglect of duty to fail to inquire, of a superior, until the matter is resolved, as to the meaning or application of any law, rule or regulation, general or special order, policy or procedure, or written or verbal order.
(24) Receipt of Mail, Calls or Visitors at Police Station. Consistently receiving personal mail or visitors at the Police Station and utilization of Departmental telecommunications equipment for non-duty related purposes;
(25) Courtroom Demeanor. Unprofessional courtroom demeanor. For purposes of this section, officers should be punctual, properly dressed and prepared, which includes consultation with the prosecutor and processing pertinent police reports, notes and evidence. At all times, members of the Department shall maintain a respectful attitude toward the court and both counsels. Should a member be requested or subpoenaed to testify for the defense in a trial or hearing, he or she stall notify the Chief of Police in writing upon receipt of the request or subpoena.
(26) Truthfulness/Cooperation. Testifying, making reports or conducting police business in a less than truthful or cooperative manner;
(27) Departmental Records, Reports and Citations. Stealing, altering, foregoing or tampering with any kind of police record, report or citation. To this end, the removal of a record, card, report, letter, document or other official file from the Department, except by process of law or as directed by the Chief of Police or a superior, is prohibited. Additionally, obtaining or duplicating or attempting to obtain or duplicate any information from Department files, sources or reports, other than that to which one is properly entitled to in accordance with his or her duties or assignments, is prohibited.
(28) Illness and Sick Leave. Failure to notify a superior officer when one becomes ill and cannot report for work, or if there is any change in his or her physical or mental health
that could disqualify the individual from being employed by the Department. Additionally, the use of sick leave without just cause, false statement or the furnishing of any false information with reference thereto by a member or employee is strictly prohibited.
(29) Absence from Work. Absence from work without permission, or abstaining wholly or in part from the full performance of one's duties in one's normal manner without permission. To this end, employees claiming physical or mental incapacity relating to their employment shall honor the request of the Chief of Police or his or her designated agent to be periodically interviewed as to the nature and extent of a claimed injury or illness, or to submit to an examination of the claimed physical or mental incapacity by an individual chosen by the Chief of Police or his or her designated agent, or, in the alternative, an individual chosen by the employee claiming the incapacity. In either event, the examining party must be licensed by the State to conduct such examinations and the results of the examination shall be made totally available both to the employee and the Chief of Police. Failure to honor such a request of the Chief of Police or his or her designated agent is a violation of this rule.
(30) Change of Telephone Number or Address. Failure to maintain a telephone at one's residence, or to immediately notify the Chief of Police, in writing, of a change of address or telephone number;
(31) Commercial Utilization of Enforcement Authority. Utilization of the enforcement authority granted or approved by the Village where one is compensated, directly or indirectly, for exercising such enforcement authority or image for a commercial, as opposed to official, purpose, except as authorized in writing by the Chief of Police;
(32) Off-Duty Employment. Off-duty employment without the knowledge and approval of the Chief of Police. The approval of the Chief of Police is based on:
A. Increasing off-duty efficiency and availability;
B. Avoiding potential conflicts of interest and protecting the image of the Department;
C. Avoiding impairment of on-duty performance.
All outside employment activity in the capacity as a law enforcement officer will be considered regular law enforcement work, and the conduct and performance of duty will be carried out in compliance with the rules and regulations and general and special orders of the Department.
(33) Solicitation or Acceptance of Gifts. Soliciting or accepting a gift or gratuity from a host or donor if the employee knows or has reason to believe that the host or donor is seeking to influence the member's or employee's performance or nonperformance of an official duty, has an interest which may be substantially affected by the performance of an official duty, has a substantial interest in an enterprise which is licensed or regulated by the Municipality or has a pending matter before the Municipality or the judiciary. No member or employee of the Department shall receive a gift or gratuity without the written permission of the Chief of Police or the Mayor in cases involving the Chief of Police. This does not preclude a member or employee from giving or receiving a gift or gratuity from relatives or close friends on appropriate occasions.
(34) On and Off-Duty Conduct; Morale; Efficiency; Image; Public Confidence. Engaging in conduct on or off-duty which adversely affects the morale or efficiency of the Department, or, in the alternative, engaging in conduct on or off-duty which has a tendency to destroy public respect for the employee and/or the Department and/or destroy confidence in the operation of the Municipal service;
(35) Neglect of Duty. Neglect of duty. To this end, there shall be no failure to give suitable attention to the performance of duty. Examples include, but are not necessarily limited to:
A. Failure to take appropriate action on the occasion of a criminal offense, disorder or other act or condition deserving police attention;
B. Absence without leave;
C. Failure to report to duty at the time and place designated;
D. Unnecessary absence from his or her assignment during a tour of duty;
E. Failure to perform duties or comply with any rule or regulation or general or special order; or
F. Failure to conform to Department operating policies and/or procedures.
(36) Prompt Performance of Duty. Failure to promptly perform as directed all lawful duties required by constituted authority, notwithstanding the general assignment of duties and responsibilities;
(37) Insubordination. Insubordination, which includes, but is not necessarily limited to, a failure or deliberate refusal to obey a lawful order given by a superior, or any disrespectful, mutinous, insolent or abusive language or action toward a superior, whether in or out of the presence of the superior;
(38) Buying, Receiving or Selling Valuable Stems. Buying, receiving or selling anything of value from or to a complainant, suspect, witness, defendant, prisoner or other person involved in a case which has come to the attention of or which arose out of Department employment, except as may be specifically authorized by the Chief of Police;
(39) Solicitation of Favorable Acts. Soliciting anyone to intercede with the Chief of Police, the Mayor, Council or any elected or appointed official in relation to promotions, Departmental assignment, disposition of pending charges or findings in a disciplinary proceeding. Nothing in this section shall be construed to be applicable to licensed attorneys of the State, when representing an employee or member of the Department.
(40) Misconduct Known to Departmental Personnel. Failure to report a fellow Department member's or employee's violation of a law, rule or regulation, policy, procedure or general or special order. To this end, all such violations shall be reported in writing to a superior in the Department. Any violation on the part of the Chief of Police shall be reported to the Mayor.
(41) Physical or Mental Condition. Lack of maintenance of good physical or mental condition which interferes with the proper handling of Departmental business;
(42) Termination of Duty or Assignment. Termination of duty or assignment unless properly relieved or dismissed by constituted authority;
(43) Possession of Keys. Possession of keys, pertaining to Department business or obtained under Departmental authority, not one's own, without the approval of the Chief of Police;
(44) Cooperation with Internal Investigations. Failure to answer questions, to respond to lawful orders or to render material and relevant statements in an internal Department investigation when such orders, questions and statements are directly related to job responsibilities. Nothing in this section shall be construed as a violation of one's Federal or State constitutional rights.
(45) Participation in Civil Matters. Giving a deposition or affidavit or appearing as a witness in a civil matter stemming from one's official duties as a Department member without the knowledge of the Chief of Police;
(46) Leaving Village. Going beyond the Village limits while on duty unless in the performance of actual police duty, or with the permission, written or verbal, of a superior;
(47) Rendering Aid or Furnishing Identification. Failure to render aid or to furnish information consistent with one's duty. To this end, a Department member or employee shall furnish his or her name and badge number in a respectful manner when so requested.
(48) Reporting Loss of Village Property or Equipment. Failure to promptly report, in writing, to the Chief of Police or his or her designated agent the loss or damage of any Village property or equipment that has been furnished the individual prior to the end of his or her tour of duty;
(49) Recovered Property or Evidentiary Material. Failure to turn over to the Department all lost, stolen, recovered, abandoned or evidentiary material which comes into the possession of a Department member as a result of the performance of Departmental duties. To this end, all such material shall be turned over prior to the completion of the tour of duty on which the material came into the possession of the member of the Department.
(50) Fees or Rewards. Acceptance or receipt of a fee or reward from any source for services rendered in the line of duty, without the knowledge and written consent of the Chief of Police;
(51) Fighting or Quarreling. Fighting or quarreling with another member of the Department;
(52) Loss of or Damage to Department Property. Loss of or damage to Department property due to negligence or inattention to duty;
(53) Escapes. Allowing a suspect or prisoner to escape from custody due to negligence or inattention to duty;
(54) General Responsibilities at Arrests. Failure to thoroughly search for, collect, preserve and identify evidence of persons, property and locations in an arrest;
(55) Serving as Character Witness. Giving testimony as a character witness for a defendant in a criminal trial without the knowledge of the Chief of Police;
(56) Knowledge of Laws, Rules and Regulations, Policies, Procedures, General and Special Orders. Failure to establish and maintain a working knowledge of laws, rules and regulations, policies, procedures and general and special orders;
(57) Registration of Personal Police Equipment. Failure to register with the Chief of Police the description and/or serial numbers of all personal police weapons owned or carried;
(58) Settlement of Duty Incurred Expenses and Damages. Accepting from any person money or other compensation for damages sustained or expenses incurred in the line of duty without first notifying the Chief of Police in writing;
(59) Duplication of Police Identification. Duplication, trading or exchange of police identification without the knowledge and consent of the Chief of Police;
(60) Private Benefit from Departmental Association. Use of the prestige or influence of one's official position, or use of the time, facilities, equipment or supplies of the Department, for private gain or advantage to oneself or another;
(61) Vexatious or Unnecessary Complaints. Making a vexatious or unnecessary complaint against a fellow member of the Department;
(62) Use of Private Vehicles or Equipment. Use of private vehicles or equipment for official purposes, unless directed or authorized to do so by the Chief of Police or a superior;
(63) Labor Disputes. Entry into a building, structure or premises where persons have been placed to indicate a labor dispute in progress, except when necessary in the performance of duty. To this end, strict impartiality shall be followed and gratuities, food and/or drink shall not be accepted from a party participating in the dispute.
(64) Reports. Failure to promptly submit such reports as are required by the performance of one's duties or by constituted authority.
(Adopting Ordinance; Ord. 1994-06. Passed 4-11-94.)