[HISTORY: Adopted by the Board of Supervisors of the Township
of Middletown 3-28-1978 by Ord. No. 78-3 (Ch. 1, Part 3, of the
1992 Code). Amendments noted where applicable]
GENERAL REFERENCES
Warrantless arrests — See Ch. 481.
The Board of Supervisors deems it necessary and advantageous
to the safety of the persons or property of the Township to:
A.
Elevate the standing of the profession in the public mind and to
strengthen public confidence in law enforcement.
B.
Encourage law enforcement officers to fully appreciate the responsibilities
of their office.
C.
Develop and maintain complete support and cooperation of the public
in law enforcement.
D.
Ensure the effectiveness of the service by encouraging complete cooperation
of its members for their mutual benefits.
E.
Strive for full coordination of effort in all official relationships
with other governmental bodies.
F.
Consider police work an honorable profession and to recognize in
it an opportunity to render a worthwhile service to society.
A.
Shall direct and control the overall performance of the Department.
B.
Shall be responsible for the organization, planning, staffing and
overall performance of the Middletown Township Police Department.
C.
Shall have the authority required to execute the orders of the Township
Manager and Board of Supervisors, and he/she shall require the strict
enforcement of all ordinances of the Township, the laws of the Commonwealth
of Pennsylvania and the laws of the United States of America.
D.
Shall frequently observe members and/or employees of the Department
on duty and at all times note the discipline, efficiency and morale
of said personnel. He shall instruct subordinates on all necessary
matters of Department policies and procedures and also develop training
programs.
E.
Shall conduct staff meetings and inspections to evaluate and attempt
to improve the overall performance and efficiency of the Police Department.
[1]
Editor's Note: This ordinance repealed Ord. No. 08-06
which created the office of Director of Public Safety and provided
that any reference in the Code to "Chief of Police" should be deemed
to refer to the Public Safety Director. Pursuant to Ord. No. 09-04,
references in the Code have again been revised to refer to the Chief
of Police.
[Amended 12-1-1992 by Ord. No. 92-13; 12-8-2009 by Ord. No. 09-04]
A.
Shall perform the duties as set forth in duties of all Department
personnel and shall assist the Chief of Police in the performance
of duties assigned to him/her by the Chief of Police.
B.
Shall assist the Chief of Police in supervising, coordinating, planning,
organizing, staffing and directing the operation of the various divisions
of the Police Department.
C.
Shall have direct control over all members and employees within his/her
command, in addition to the general and individual responsibilities
of a commanding officer in the absence of the Chief of Police.
[Amended 12-1-1992 by Ord. No. 92-13]
A.
Shall perform the duties as set forth in the duties of all Department
personnel.
B.
Shall be subject to the direction of the Chief of Police.
[Amended 12-8-2009 by Ord. No. 09-04]
C.
Shall have direct control over all members of lower rank and be responsible
for the direction and performance of personnel under his/her command,
the development and maintenance of loyalty, esprit de corps, maintaining
discipline and a high spirit of morale.
D.
Shall promote harmony and cooperation between divisions of the Police
Department and assist in the planning, proper organization, staffing,
and assignment of duties within his/her command.
E.
Shall review daily all reports of the police personnel, prepare required
reports, correspondence and maintenance of records relating to activities
of his/her command.
F.
Shall constantly evaluate the police services in Middletown Township
and submit his/her recommendations, in writing, to the Chief of Police.
[Amended 12-8-2009 by Ord. No. 09-04]
G.
Shall at all times inform the Chief of Police of all significant
conditions and activities existing in the uniform division.
[Amended 12-8-2009 by Ord. No. 09-04]
H.
Shall, if requested by the Chief of Police, confidentially investigate
all complaints involving police personnel.
[Amended 12-8-2009 by Ord. No. 09-04]
I.
Shall supervise personnel at scenes of emergency, disaster or catastrophe
until relieved by the Chief of Police.
[Amended 12-8-2009 by Ord. No. 09-04]
[Amended 12-1-1992 by Ord. No. 92-13]
A.
Shall be responsible for the efficient performance and quality of
service of all personnel under his/her command.
B.
Shall be responsible for the clearance of crimes by assuring the
arrest of the proper perpetrator and the recovery of stolen property.
C.
Shall be responsible for cultivating a close degree of cooperation
between the Detective Division and the Patrol Division.
D.
Shall review all reports prepared and submitted by his subordinates.
E.
Shall supervise police operations at the scene of major crimes, emergencies,
serious incidents, sporting and recreation events, until relieved
by the Chief of Police.
[Amended 12-8-2009 by Ord. No. 09-04]
F.
Shall inform and advise the Chief of Police of any significant conditions
existing in the Township.
[Amended 12-8-2009 by Ord. No. 09-04]
G.
Shall approve all duty assignments and schedules for men/women under
his/her command.
H.
Shall foster good public relations, meet with community groups, schools
and church groups within the Township.
I.
Shall submit criminal arrest monthly reports to the Chief of Police.
[Amended 12-8-2009 by Ord. No. 09-04]
J.
Shall submit FBI monthly reports.
K.
Shall assign and direct personnel in the operation of the photographic
dark room.
[Amended 12-1-1992 by Ord. No. 92-13]
A.
Shall be the immediate supervisor of his/her squad.
B.
May be directed to assume the duties of the Lieutenant during the
absence of same.
C.
Shall be responsible for the efficient performance and quality of
service of all personnel under his/her supervision.
D.
Shall assign his/her personnel to their various duties before going
out on patrol.
E.
Shall inspect uniforms, equipment and personal appearance of his/her
personnel during each tour of duty; inspect during each tour of duty
all assigned police vehicles as to their condition and serviceability.
F.
Shall enforce all laws and all ordinances in the area of his/her
assignment.
G.
Shall ensure that patrol and other required duties are properly performed
by his/her subordinates, providing advice and assistance when necessary.
H.
Shall review all reports prepared and submitted by his/her subordinates.
I.
Shall supervise police operations at the scene of major crimes, emergencies,
serious accidents and complaints, sporting and recreation events,
etc., until the arrival of a higher ranking officer.
J.
Shall inform and advise his/her immediate supervisor of any significant
or unusual conditions existing during his/her tour of duty.
K.
Shall investigate accidents and injuries to members under his/her
supervision; prepare and submit required reports.
[Amended 12-1-1992 by Ord. No. 92-13]
A.
Shall be primarily responsible for investigation of crimes and other
investigatory work that involves juveniles; also may be called on
to do activities or duties of policeman.
B.
Shall perform investigations involving any field of juvenile crime
and maintain sources of information.
C.
Shall obtain detailed information and physical evidence leading to
identification and arrest of suspects and give material assistance
to prosecuting authorities in preparation of court cases.
D.
Shall search crime scenes for physical evidence and locate and question
witnesses, victims and suspects.
E.
Shall prepare case summaries and inform prosecuting authorities of
evidence available, persons who may be called as witnesses and testify
in court actions as a result of investigation.
F.
Shall patrol certain areas of the Township, if assigned, for suspicious
persons and circumstances and assist uniform personnel in cases of
riots and disturbances.
G.
Shall assist other officers from other jurisdictions in investigating
cases in the Township and participate in investigations in other jurisdictions
when necessary.
H.
Shall furnish information to anyone connected with the investigative
field pertaining to juveniles.
I.
Shall render police assistance, whether on or off duty, when needed.
J.
Shall maintain good public relations.
K.
Shall submit lists of juvenile arrests and monthly juvenile reports
to the Lieutenant of Detectives or Detective Sergeant.
[Amended 12-1-1992 by Ord. No. 92-13]
A.
Shall be primarily responsible for the investigation of crimes and
other investigatory work, but assignments may include the elements
of patrol and other activities common to the duties of a policeman.
The Criminal Investigation Officer shall normally be assigned to specific
cases.
B.
Shall perform investigations involving any field of crime and shall
maintain sources of information.
C.
Shall obtain detailed information and physical evidence leading to
the identification and arrest of suspects and give material assistance
to prosecution authorities in the preparation of court cases.
D.
Shall search crime scenes for physical evidence and shall locate
and question witnesses, victims and suspects.
E.
Shall prepare case summaries and inform prosecuting authorities of
the evidence available and of the persons who may qualify as witnesses,
and shall testify concerning the result of investigations.
F.
Shall investigate applications for permits to carry firearms and
shall serve legal papers.
G.
Shall, when assigned, patrol a designated area of the Township, looking
for suspicious persons and circumstances, and assist uniformed police
personnel in cases of disturbances and riots.
H.
Shall arrange for technical assistance, such as that provided by
specialists in identification, ballistics, laboratory analysis or
toxicology.
I.
Shall assist officers from other jurisdictions in investigations
in Middletown Township, shall participate in extradition proceedings,
and shall be available for investigations extending into other jurisdictions.
[Amended 12-1-1992 by Ord. No. 92-13]
A.
Shall operate radio and telephone equipment.
B.
Shall direct and coordinate the activities of radio mobile units
on assignment.
C.
Shall answer incoming calls from the general public, learn the nature
of such calls, reroute and otherwise dispose of those that do not
require police action.
D.
Shall record calls requiring police action on appropriate forms,
indicate the vehicles to be assigned, and broadcast calls to the proper
police vehicle.
E.
Shall notify his/her immediate supervisor or the Chief of Police
of any calls of any nature if the matter is one that should be brought
to his/her attention.
[Amended 12-8-2009 by Ord. No. 09-04]
F.
Shall perform such other work as instructed by his/her immediate
supervisor.
[Amended 12-1-1992 by Ord. No. 92-13]
A.
Shall perform general police work and be the primary public relations
representative of the Department.
B.
Shall conduct preliminary investigations at the scene of crimes or
accidents and gather evidence, administer first aid, locate and interview
witnesses, make proper arrests, and submit proper reports.
C.
Shall watch particularly the actions of suspected criminals.
D.
Shall be responsible for all phases of police work, not just his/her
specific assignments.
E.
Shall confine his/her patrol within the limits of his/her beat or
sector except to perform a police function, to take a proper lunch
period, or for personal necessity.
F.
Shall furnish information and render aid to anyone properly requesting
or needing it, if not inconsistent with his/her work.
G.
Shall note and investigate all vehicles, the driver or occupants
of which arouse suspicion. He/she shall question the occupants and
driver, learning names, ages, sexes, residences and other pertinent
information, together with the make, license number, serial number,
color and type of vehicle.
H.
Shall prohibit loitering on the sidewalks or streets to the inconvenience
of the public.
I.
Shall note all defects in highways, sidewalks, buildings, etc., from
which accidents might arise, and when unable to immediately adjust
such defect, shall notify his/her superior officer by written report
or, where urgency is required, by phone or other means.
J.
Shall report at once to a superior officer all defective traffic
signals, streetlights, etc.
[Amended 12-1-1992 by Ord. No. 92-13]
A.
In addition to the duties specified hereinabove, all Departmental
personnel, both police and civilian, commensurate with rank or assignment,
shall:
(1)
Have the responsibility and obligation to uphold the Constitution
and the laws of the United States; the Constitution and the laws of
the Commonwealth of Pennsylvania; the ordinances of the Township of
Middletown and the lawful orders of the Township Manager and Supervisors
of Middletown Township.
(2)
Have the responsibility to carry out the orders of the Police
Chief and all other superior officers, whether such orders are verbal
or written.
(3)
Maintain order and protect persons and property, prevent crime
and apprehend criminals.
(4)
Prevent accidents.
(5)
Investigate crime and make legal arrests.
(6)
Be responsible for investigating any unlawful acts being performed
or existing in the area of his/her assignment, including gambling,
vice and crime.
(7)
Be responsible for maintaining good public relations.
(8)
Instruct subordinates on all necessary matters of Departmental
policies and procedures and develop programs of on-the-job training.
(9)
Evaluate the work of personnel assigned to him/her through review
of reports and observation of results obtained.
(10)
Supervise the work of personnel assigned to him/her through
individual discussions, conferences and written orders.
(11)
Be responsible for the transmittal of all necessary orders and
directives to his/her subordinates and to his/her relief.
(12)
Familiarize himself/herself with all orders issued to him/her
by superior officers and with all relevant orders issued to the man/woman
he/she relieves.
(13)
Assure himself/herself that his subordinates are adhering to
all rules, regulations, orders and procedures of the Department.
(14)
Be responsible for the quality and effectiveness of police services
rendered by his/her subordinates.
(15)
Be responsible for the discipline and conduct of subordinates.
(16)
Prepare cases for court, attend hearings, and testify before
courts and grand juries as required.
(17)
Review reports of investigations and recommend further action
as necessary.
(18)
Make an immediate written report to his/her commanding officer
of any bribe offer.
(19)
Treat the public with courtesy and respect, keeping in mind
the necessity of public respect for the police force.
(20)
Render police assistance when needed, regardless of whether
he/she is on or off duty or on a special assignment within the guidelines
established by state law.
(21)
Ensure the order and cleanliness of Township property and equipment
assigned to him/her.
(22)
Report in writing immediately to his/her commanding officer
the loss of any equipment necessary for the performance of duty.
(23)
Reside in accordance with the current residency requirements
set forth in the current collective bargaining agreement.
(24)
Give his/her name and badge number upon proper request.
(25)
When in uniform, salute the national colors as they pass in
public parades or other ceremonies.
(26)
Perform related work as required.
B.
Failure to perform the obligations and responsibilities of all positions
promptly and efficiently through acts of omission or commission shall
result in disciplinary action.
[Amended 12-1-1992 by Ord. No. 92-13]
A.
Additional standards of behavior for all police officers:
(1)
In carrying out the functions of the Department, a member shall
direct and coordinate his/her efforts in such manner as will tend
to establish and maintain the highest standard of efficiency.
(2)
A member is required to discharge his/her duties in a cool and
firm manner; he/she shall act so as to assist and protect the other
members of the Department in the maintenance of law and order.
(3)
Any member of the Department who shall in the performance of
his/her official duties display reluctance to properly perform his/her
assigned duties, or who acts in a manner tending to bring discredit
upon himself/herself or the Department, or who fails to assume responsibility
or exercise diligence, intelligence and interest in the pursuit of
his/her duties, may be deemed incompetent.
(4)
A member of the Department shall be punctual in reporting for
duty at the time and places designated by his/her superior officer.
Habitual failure to report promptly at the time directed shall be
deemed neglect of duty.
(5)
No member shall absent himself/herself from duty without proper
leave, or shall be absent from duty without permission, except when
unable to report for duty at the prescribed time because of sickness
or injury to himself/herself or his/her immediate family.
(6)
Any member of the Department, when off duty for illness or other
reason, shall report the fact immediately to his/her superior officer,
giving the nature of the illness or circumstances relative to his/her
absence. While absent from duty because of sickness or disability,
he/she shall remain at his/her residence or place of confinement unless
otherwise authorized by a physician. No member shall feign sickness
or injury or deceive a representative of the Department as to his/her
real condition.
(7)
A member of the Department, except in the discharge of official
duty, shall not knowingly associate with or have dealings with any
person or organization advocating or instrumental in fostering hatred,
prejudice or oppression against any racial, ethnic or religious group.
(8)
A member of the force shall not affiliate with, or become a
member of, any organization if such affiliation or membership would
in any way interfere with or prevent him/her from performing police
duty.
(9)
A member of the force shall be particularly careful not to interfere
officiously or unnecessarily in the private business of any person,
but when required to act in the discharge of his/her duty, he/she
will do so with energy and decision.
(10)
A member of the force is always on duty, although periodically
relieved from routine performance; he/she is always subject to orders
from the proper authorities and to calls from citizens.
(11)
A member of the force shall not accept an award, reward or gift
for police services except an award of Department recognition. Bequests,
gifts or awards to the Department may be accepted as authorized by
the Chief.
(12)
A member of the Department shall not address any public gathering
or appear on radio or television programs or write articles or manuscripts
for publication, wherein he/she is identified as a member of the Department,
unless authorized and in compliance with Departmental regulations.
(13)
A member of the Department shall not remove any official record
of the Department except as directed by his/her superior officer or
under due process of law.
(14)
A member of the Department shall not speak critically or derogatorily
to other officers and employees of the Department or to any person
outside of the Department regarding the orders or instructions issued
by any senior officer.
(15)
A member of the Department shall treat another member of the
Department civilly and respectfully, and he/she shall not publicly
criticize any official act of any member of this or any other department.
(16)
Members of the Department shall conduct themselves in a manner
that will foster the greatest harmony and cooperation between each
other and the various divisions and units of the organization.
(17)
Any member of this Department desiring to engage in outside
employment, either in uniform or plain clothes, must conform to Departmental
regulations and procedures established for that purpose.
(18)
No member shall engage in outside employment as a private detective,
bill collector, notary public, or counselor at law. Furthermore, no
member shall have as a business partner any person whose occupation
would fall into the above categories.
(19)
A member shall report and take proper action in any situation
requiring police attention within a reasonable time after arriving
on the scene thereof.
(20)
A member of the Department shall strictly obey and properly
execute any lawful order emanating from a ranking officer who is his/her
senior. The term "lawful order" shall be construed as an order in
keeping with the performing of any duty prescribed by law or rule
of the Department or for the preservation of order, efficiency and
proper discipline.
(21)
During the course of any official investigation by the Department,
if requested, a member shall be required to give a full, complete
and truthful statement.
(22)
When in the presence of persons from outside the Department,
officers and employees shall address fellow employees by their rank
or their titles, as the circumstances warrant.
(23)
A member shall not cause any person or his/her superior officers
to intervene or make representation on his/her behalf in connection
with his position in the Department.
(24)
A member shall not use threatening or insulting language or
behave in an insubordinate manner toward any other member of the Department.
(25)
A member of the Department shall at all times maintain decorum
and command of his/her temper; he/she shall be patient and discrete
and shall not use harsh, violent, profane or insolent language; and
he/she shall be courteous and considerate under all circumstances.
(26)
A member, while on duty, must at all times be neat and clean
in person, his/her clothes clean and shoes shined, and his/her dress
shall be in conformity with the rules and regulations of the Department
unless, due to weather or other sufficient cause arising from the
immediate discharge of his duty, his/her dress becomes soiled or disarranged,
in which case it will be put in proper condition as soon as circumstances
permit. He/she shall, as often as is necessary, examine and clean
his/her equipment and keep the same always in good, serviceable condition.
(27)
A member shall not sleep while on a regular tour of duty.
(28)
A member of the Department shall not drink intoxicants while
on duty. Furthermore, he/she shall not drink intoxicants at any time
to the extent of making him/her unfit for duty.
(29)
No intoxicating liquor shall be brought into or kept in any
division of the police building or part thereof, except when officially
seized, or upon the advice of a physician.
(30)
A member of the Department shall not use habit-forming drugs
or narcotics unless such drugs or narcotics are properly prescribed
by a physician for an illness or injury.
(31)
A member of the Department, while on duty, shall not smoke when
conducting interviews or under like conditions when smoking may be
detrimental to good conduct, appearance or procedure.
(32)
A member of the Department shall not knowingly enter any house
of ill repute except in the performance of his/her duty, and if required
to enter such a place, as soon as possible he/she shall report the
fact to his/her superior officer.
(33)
A member of the Department shall not use threatening or insulting
language or behave in an insubordinate manner toward any other member
of the Department.
(34)
A member of the Department shall not display cowardice or fail
to support his/her fellow officers in the performance of duty.
(35)
A member of the Department shall not willfully violate any federal
statute, state law, or local ordinance.
(36)
No member shall act or behave privately or in any official capacity
in such a manner as to bring discredit upon himself/herself or the
Department.
(37)
A member shall not intentionally become involved in neighborhood
quarrels or disputes, either on duty or off duty.
(38)
A member of the Department shall not testify in civil cases
unless legally summoned.
(39)
A member of the Department shall not give expert testimony against
the interest of the Township in any litigation to which the Township
is a party. A member of the Department shall not give expert testimony
for a defendant in a criminal case without the permission of the Chief.
(40)
Any monies or other property coming into the possession of any
member of the Department which is not his/her own shall be delivered
to the proper custodian and a report made of the transaction.
(41)
It shall be the duty of every member to properly report any
information given him/her in good faith by any citizen regarding matters
which indicate the need for action by the Department.
(42)
A member shall not fabricate, withhold or destroy evidence of
any kind.
(43)
A member of the Department shall not make false statements to
superior officers when questioned, interviewed or in submitting reports.
(44)
A member of the Department shall treat as confidential the official
business of the Department. He/she shall not discuss or impart same
to anyone except those for whom it is intended, or as directed by
his/her superior officers, or under the process of law.
(45)
No contribution or subscription shall be made by a member or
employee to buy any present intended for another member or employee
of the Department; and they shall not collect or receive any money,
property or other thing of value from citizens or other persons for
any such purpose; neither shall they circulate subscription papers,
sell tickets, or collect money from any person for any purpose without
permission from the Chief.
(46)
A member of the Department shall at no time abuse or misuse
his/her authority as a law-enforcing officer, nor shall his/her actions
in the performance of his/her official duties reflect any degree of
personal feelings. He/she shall not use unnecessary force, nor shall
he/she hesitate to use force when necessary.
(47)
A member of the Department shall not at any time, or for any
reason, willfully subject any person or animal to cruel treatment
or willfully neglect necessary humane action which circumstances may
require.
(48)
A member of the Department shall not use his/her position to
seek free admission to places of amusement, sporting events, etc.;
furthermore, members shall not solicit free meals or transportation
or any other favors or gratuities which would not ordinarily be accorded
a private citizen.
(49)
A member shall not fraternize with, engage the services of,
accept services from, or do favors for any person in the custody of
the Department except as set forth in the rules and regulations of
the Department.
(50)
A member shall not associate socially with or fraternize with
the spouse of any person in the custody of the Department.
(51)
A member of the Department shall not solicit or make contributions,
directly or indirectly on any pretext, to any person, committee or
association for political purposes, nor shall he/she interfere or
use the influence of his/her office for political reasons. Neither
shall a member take part in the management of political affairs or
in political campaigns, other than to cast his/her vote and to express
privately his own opinions.
(52)
A member of the Department shall not engage in political discussions
to the detriment of good discipline, and he/she shall not speak disparagingly
of the nationality, color, creed, belief, sex or handicap of any person.
(53)
A member shall be required to properly support his/her family.
(54)
A member of the Department shall pay his/her just debts. He/she
shall not sell or assign his/her salary or income or contract any
debts or liabilities which he/she is unable or unwilling to pay. Neither
shall he/she refuse to promptly pay all indebtedness, claims and judgments
and satisfy all executions which may be held or issued against him/her.
(55)
It shall be the duty of all officers to report to the Chief
of Police any deliberate, willful violation of Departmental rules
and regulations by any member of the force which may come to his/her
attention. It shall be the duty of all supervisory officers to report
to the Chief of Police for appropriate action any infractions of the
Disciplinary Code, § 81-112 of this chapter, which come
to his/her attention.
[Amended 12-8-2009 by Ord. No. 09-04]
(56)
It shall be the duty of all officers at all times, whether on
or off duty, to conduct themselves in a manner which will reflect
credit upon themselves and the Department, and therefore, to conduct
themselves in a manner which is reasonably in accord with the generally
accepted standards of behavior of the community and society. Conversely,
they shall at all times avoid behavior which would reflect discredit
upon themselves or the Department or would adversely affect public
respect for law and order. It is not possible nor should it be necessary
to enumerate all conduct which would be unbecoming of police officers,
but the following list may serve as typical examples of obviously
unacceptable behaviors:
(a)
Deliberate violation of laws.
(b)
Willful or malicious violation of any person's rights under
the Constitution or laws of the Commonwealth or the United States.
(c)
Abuse of the officer's position of authority for personal
aggrandizement or out of personal vindictiveness.
(d)
Discriminatory administration of laws by reason of friendship
or dislike for any person or his/her race, nationality, creed, color,
sex or handicap.
[Amended 12-1-1992 by Ord. No. 92-13]
A.
The following list of penalties shall be a guide for the Chief of
Police to follow in the interests of uniformity and fairness. Offenses
not included in the following list shall result in penalties similar
to those specified for a listed offense of comparable seriousness.
[Amended 12-8-2009 by Ord. No. 09-04]
(1)
Supervisory officers shall be subject to reduction in rank with
accompanying loss of compensation in addition to any other penalties
imposed.
(2)
In addition to his/her rights under the act of the Legislature
known as the "Police Officer's Tenure Act,"[1] any officer who has successfully completed his/her probationary
period may request an informal hearing before the Township Manager
and in the presence of the Chief of Police if he/she believes the
application of the Disciplinary Code has been unfair to his/her case.
Such requests shall only be granted when addressed in writing to the
Chief of Police within 72 hours after notification of disciplinary
action has been received by the officer.
[1]
Editor's Note: See 53 P.S. § 811 et seq.
(3)
Repeated violations of Department rules and regulations or any
other course of conduct indicating a person has little or no regard
for the obligations of members of the Police Department shall be cause
for dismissal. This shall apply regardless of the severity of the
offenses, regardless of any reckoning period, and regardless of whether
these violations are of the same type.
B.
Rules of conduct.
(1)
Violation of rules. Officers shall not commit any acts or omit
any acts which constitute a violation of any of the rules, regulations,
directives or orders of the Department, whether stated in this general
order or elsewhere.
(2)
Unbecoming conduct. Officers shall conduct themselves at all
times, both on and off duty, in such manner as to reflect most favorably
on the Department. Conduct unbecoming an officer shall include that
which brings the Department into disrepute or reflects discredit upon
the officer as a member of the Department, or that which impairs the
operation and efficiency of the Department or officer.
(3)
Good conduct. Officers shall maintain a level of good conduct
in their personal and business affairs which is in keeping with the
highest standards of the law enforcement profession. Officers shall
not participate in any incident involving moral turpitude which impairs
their ability to perform as law enforcement officers or causes the
Department to be brought into disrepute.
(5)
Reporting for duty. Officers shall report for duty at the time
and place required by assignment or orders and shall be physically
and mentally fit to perform their duties. They shall be properly equipped
and cognizant of information required for the proper performance of
duty so that they may immediately assume their duties. Judicial subpoenas
shall constitute an order to appear under this section.
(6)
Neglect of duty. Officers shall not read, play games, watch
television or movies or otherwise engage in entertainment while on
duty, except as may be required in the performance of duty. They shall
not engage in any activities or personal business which would cause
them to neglect or be inattentive to duty.
(7)
Fictitious illness or injury reports. Officers shall not feign
illness or injury, falsely report themselves ill or injured, or otherwise
deceive or attempt to deceive any official of the Department as to
the condition of their health.
(8)
Sleeping on duty. Officers shall remain awake while on duty.
If unable to do so, they shall so report to their superior officers,
who shall determine the proper course of action.
(9)
Meals. Officers shall be permitted to suspend patrol or other
assigned activity, subject to immediate call at all times, for the
purpose of having meals during their tour of duty, but only for such
period of time, and at such time and place, as established by Department
procedures.
(10)
Unsatisfactory performance. Officers shall maintain sufficient
competency to properly perform their duties and assume the responsibilities
of their positions. Officers shall perform their duties in a manner
which will maintain the highest standards of efficiency in carrying
out the functions and objectives of the Department. Unsatisfactory
performance may be demonstrated by a lack of knowledge of the application
of laws required to be enforced; an unwillingness or inability to
perform assigned tasks; the failure to conform to work standards established
for the officer's rank, grade or position; the failure to take
appropriate action on the occasion of a crime, disorder, or other
condition deserving police attention; absence without leave; or unnecessary
absence from the assigned patrol during a tour of duty. In addition
to other indices of unsatisfactory performance, the following will
be considered prima facie evidence of unsatisfactory performance:
repeated poor performance evaluations.
(11)
Employment outside of department.
(a)
Officers may engage in off-duty employment subject to the following
limitations:
[1]
Such employment shall not interfere with the officer's
employment with the Department;
[2]
Officers shall submit a written request for off-duty
employment to the Chief, whose approval must be granted prior to engaging
in such employment; or
[3]
Officers shall not engage in any employment or
business involving the sale or distribution of alcoholic beverages,
investigative work for insurance agencies, private guard services,
collection agencies or attorneys or bail bond agencies.
(b)
Approval may be denied where it appears that the outside employment
might:
[1]
Render the officers unavailable during an emergency;
[2]
Physically or mentally exhaust the officers to
the point that their performance may be affected;
[3]
Require that any special consideration be given
to scheduling of the officers' regular duty hours; or
[4]
Bring the Department into disrepute or impair the
operation or efficiency of the Department or officers.
(12)
Alcoholic beverages and drugs in police installations. Officers
shall not bring into or store alcoholic beverages, controlled substances,
narcotics or hallucinogens in any police facility or vehicle except
alcoholic beverages, controlled substances, narcotics or hallucinogens
which are held as evidence.
(13)
Possession and use of drugs. Officers shall not possess or use
any controlled substances, narcotics or hallucinogens except when
prescribed in the treatment of officers by a physician or dentist.
When controlled substances, narcotics or hallucinogens are prescribed,
officers shall notify their superior officer.
(14)
Use of alcohol on duty. Officers shall not drink intoxicating
beverages while on duty except in the performance of duty and while
acting under proper and specific orders from a superior officer. Officers
shall not appear for duty or be on duty while under the influence
of intoxicants to any degree whatsoever or with an odor of intoxicants
on their breath.
(15)
Use of alcohol off duty. Officers, while off duty, shall refrain
from consuming intoxicating beverages to the extent that it results
in impairment, intoxication or obnoxious or offensive behavior which
would discredit them or the Department, or render the officers unfit
to report for their next regular tour of duty.
(16)
Use of tobacco. Officers, when in uniform, may use tobacco as
long as:
(a)
They are not in a formation;
(b)
They do not have to leave their assignment or post for the sole
purpose of doing so;
(c)
They are not engaged in traffic direction and control; or
(d)
When they are in direct contact with the public, (or) they have
first obtained permission to use tobacco from the public with whom
they are in direct contact.
(17)
Insubordination. Officers shall promptly obey any lawful orders
of a superior officer. This will include orders relayed from a superior
officer by an officer of the same or lesser rank.
(18)
Conflicting or illegal orders.
(a)
Officers who are given an otherwise proper order which is in
direct conflict with a previous order, rule, regulation or directive
shall respectfully inform the superior officer issuing the order of
the conflict. If the superior officer issuing the order does not alter
or retract the conflicting order, the order shall stand. Under these
circumstances, the responsibility for the conflict shall be upon the
superior officer. Officers shall obey the conflicting order and shall
not be held responsible for disobedience of the order, rule, regulation
or directive previously issued.
(b)
Officers shall not obey any order which they reasonably believe
would require them to commit any illegal act. If in doubt as to the
legality of the order, officers shall request the issuing officer
to clarify the order or to confer with higher authority.
(19)
Gifts, gratuities, bribes or rewards.
(a)
Officers shall not solicit or accept from any person, business
or organization any valuable gift (including money, tangible or intangible
personal property, loan, promise, service or entertainment) for the
benefit of the officers or the Department if it may reasonably be
inferred that the person, business or organization:
(20)
Abuse of position.
(a)
(b)
Use of name, photograph or title. Officers shall not permit
or 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
approval of the Chief.
(21)
Endorsements and referrals. Officers shall not recommend or
suggest in any manner, except in the transaction of personal business,
the employment or procurement of a particular product, professional
service, or commercial service (such as an attorney, ambulance service,
towing service, bondsman, mortician, etc.). In the case of ambulance
or towing service, when such service is necessary and the person needing
the service is unable or unwilling to procure it or requests assistance,
officers shall proceed in accordance with established Departmental
procedures.
(22)
Identification. Officers shall carry their badges and identification
cards on their persons at all times, except when impractical or dangerous
to their safety or to an investigation. They shall furnish their name
and badge number to any person requesting that information, when they
are on duty or while holding themselves out as having an official
capacity, except when withholding of such information is necessary
for the performance of police duties or is authorized by proper authority.
(23)
Citizen complaints. Officers shall courteously and promptly
record in writing any complaint made by a citizen against any officer
of the Department. Officers may attempt to resolve the complaint but
shall never attempt to dissuade any citizen from lodging a complaint
against any officer of the Department. Officers shall follow established
Departmental procedures for processing such complaints.
(24)
Courtesy. Officers shall be courteous to the public. Officers
shall be tactful in the performance of their duties, shall control
their tempers and exercise the utmost patience and discretion, and
shall not engage in argumentative discussions even in the face of
extreme provocation. In the performance of their duties, officers
shall not use coarse, violent, profane or insolent language or gestures
and shall not express any prejudice concerning race, religion, politics,
national origin, lifestyle, sex, handicap or similar personal characteristics.
(25)
Requests for assistance. When any person applies for advice
or makes complaints or reports, either by telephone or in person,
all pertinent information will be obtained in an official and courteous
manner and will be properly and judiciously acted upon consistent
with established Departmental procedures.
(26)
Associations. Officers shall avoid regular or continuous associations
or dealings with persons whom they know, or should know, are racketeers,
sexual offenders, gamblers, suspected felons, persons under criminal
investigation or indictment, or who have a reputation in the community
for present involvement in felonious or criminal behavior, except
as necessary to the performance of official duties or where unavoidable
because of other personal relationships of the officers.
(27)
Visiting prohibited establishments. Officers shall not knowingly
visit, enter or frequent a house of prostitution, gambling house,
or establishment wherein the laws of the United States, the state
or the local jurisdiction are regularly violated, except in the performance
of duty or while acting under proper and specific orders from a superior
officer.
(28)
Public statements and appearances.
(a)
Officers shall not publicly criticize or ridicule the Department,
its policies or other officers by speech, writing or other expression,
where such speech, writing or other expression is defamatory, obscene,
unlawful, undermines the effectiveness of the Department, interferes
with the maintenance of discipline, or is made with reckless disregard
for truth or falsity.
(b)
Officers shall not address public gatherings, appear on radio
or television, prepare any articles for publication, act as correspondents
to a newspaper or a periodical, release or divulge investigative information
or any other matters of the Department while holding themselves out
as having an official capacity in such matters without official sanction
or proper authority. Officers may lecture on "police" or other related
subjects only with the prior approval of the Chief.
(29)
Personal appearance.
(a)
Officers on duty shall wear uniforms or other clothing in accordance
with established Departmental procedures.
(b)
Except when acting under proper and specific orders from a superior
officer, officers on duty shall maintain a neat, well-groomed appearance
and shall style their hair according to the following guidelines:
[1]
Hair must be clean, neat and combed. Hair shall
not be worn longer than the top of the shirt collar at the back of
the neck when standing with the head in a normal posture. The bulk
or length of the hair shall not interfere with the normal wearing
of all standard headgear.
[2]
Wigs or hairpieces are permitted if they conform
to the above standards for natural hair.
[3]
Sideburns shall be neatly trimmed and rectangular
in shape.
[4]
Officers shall be clean-shaven, except that they
may have mustaches which do not extend below the upper lip line.
(c)
Female officers.
[1]
Hair must be clean, neat and combed. Hair shall
not be worn longer than the top of the shirt collar at the back of
the neck when standing with the head in a normal posture. The bulk
or length of the hair shall not interfere with the normal wearing
of all standard headgear.
[2]
Wigs or hairpieces are permitted if they conform
to the above standards for natural hair.
(30)
Political activity.
(a)
Officers shall be permitted to:
[1]
Register and vote in any election.
[2]
Express opinions as individuals privately and publicly
on political issues and candidates.
[3]
Attend political conventions, rallies and similar
political gatherings.
[4]
Actively engage in any nonpartisan political functions.
[5]
Sign political petitions as individuals.
[6]
Make financial contributions to political organizations.
[7]
Serve as election judges or clerks in performance
of nonpartisan duties as prescribed by state or local laws.
[8]
Hold membership in a political party and participate
in its functions to the extent consistent with the law and consistent
with this section.
[9]
Participate fully in public affairs to the extent
that such endeavors do not impair the neutral and efficient performance
of official duties or create real or apparent conflicts of interest.
(b)
Officers are prohibited from:
[1]
Using their official capacity to influence, interfere
with or affect the results of an election.
[2]
Assuming active roles in the management or organization
of partisan political clubs, campaigns or parties.
[3]
Serving as officers of partisan political parties
or clubs.
[4]
Becoming candidates for or campaigning for a partisan
elective public office.
[5]
Soliciting votes in support of or in opposition
to any partisan candidates.
[6]
Serving as delegates to a political party convention.
[7]
Endorsing or opposing a partisan candidate for
public office in a political advertisement, broadcast or campaign
literature.
[8]
Organizing, selling tickets to, or actively participating
in a fund-raising function for a partisan political party or candidate.
[9]
Addressing political gatherings in support of or
in opposition to a partisan candidate.
[10]
Engaging in prohibited partisan activities on
the federal, state, county or municipal level.
(31)
Labor activity.
(a)
Officers shall have the right to join labor organizations, but
nothing shall compel the Department to recognize or to engage in collective
bargaining with any such labor organizations except as provided by
law.
(b)
Officers shall not engage in any strike. "Strike" includes the
concerted failure to report for duty, willful absence from one's
position, unauthorized holidays, sickness unsubstantiated by a physician's
statement, the stoppage of work, or the abstinence in whole or in
part from the full, faithful and proper performance of the duties
of employment for the purpose of inducing, influencing or coercing
a change in conditions, compensation, rights, privileges or obligations
of employment.
(32)
Payment of debts. Officers shall not undertake any financial
obligations which they know or should know they will be unable to
meet, and shall pay all just debts when due. An isolated instance
of financial irresponsibility will not be grounds for discipline except
in unusually severe cases. However, repeated instances of financial
difficulty may be cause for disciplinary action. Filing for a voluntary
bankruptcy petition shall not, by itself, be cause for discipline.
Financial difficulties stemming from unforeseen medical expenses or
personal disaster shall not be cause for discipline, provided that
a good faith effort to settle all accounts is being undertaken. Officers
shall not cosign for any superior officer.
(33)
Residence. Residence requirements shall be as set forth in the
current collective bargaining agreement.
(34)
Telephone. Officers shall have telephones in their residences
and shall immediately report any changes of telephone numbers or addresses
to their superior officers and to such other persons as may be appropriate.
(35)
Dissemination of information. Officers shall treat the official
business of the Department as confidential. Information regarding
official business shall be disseminated only to those for whom it
is intended, in accordance with established Departmental procedures.
Officers may remove or copy official records or reports from a police
installation only in accordance with established Departmental procedures.
Officers shall not divulge the identity of persons giving confidential
information except as authorized by proper authority in the performance
of police duties.
(36)
Intervention.
(a)
Officers shall not interfere with cases being handled by other
officers of the Department or by any other governmental agency unless:
(b)
Officers shall not undertake any investigation or other official
action not part of their regular duties without obtaining permission
from their superior officer unless the exigencies of the situation
require immediate police action.
(37)
Departmental reports. Officers shall submit all necessary reports
on time and in accordance with established Departmental procedures.
Reports submitted by officers shall be truthful and complete, and
no officer shall knowingly enter or cause to be entered any inaccurate,
false or improper information.
(38)
Processing property. Property which has been discovered, gathered
or received in connection with Departmental responsibilities will
be processed in accordance with established Departmental procedures.
Officers shall not convert to their own use, manufacture, conceal,
falsify, destroy, remove, tamper with or withhold any property found
in connection with an investigation or other police action, except
in accordance with established Departmental procedures.
(39)
Abuse of process/withholding evidence. Officers shall not convert
to their own use, manufacture, conceal, falsify, destroy, remove,
tamper with or withhold evidence or information, or make false accusations
of a criminal or traffic charge.
(40)
Use of Department equipment. Officers shall utilize Department
equipment only for its intended purpose, in accordance with established
Departmental procedures, and shall not intentionally abuse, damage
or lose Department equipment. All Department equipment issued to officers
shall be maintained in proper order.
(41)
Operating vehicles. Officers shall operate official vehicles
in a careful and prudent manner, and shall obey all laws of the state
and all Departmental orders pertaining to such operation. Loss or
suspension of any driving license shall be reported to the Department
immediately.
(42)
Carrying firearms. Officers shall carry firearms in accordance
with the law and established Departmental procedures.
(43)
Truthfulness. Upon the order of the Chief, the Chief's
designee or a superior officer, officers shall truthfully answer all
questions specifically directed and narrowly related to the scope
of employment and operations of the Department which may be asked
of them.
(44)
Use of polygraph; medical examinations; photographs; lineups.
(a)
Polygraph examinations. Upon the request of the Chief, officers
may submit to polygraph examinations when the examinations are specifically
directed and narrowly related to a particular internal investigation
being conducted by the Department. Whenever a complaint from a citizen
is the basis for the investigation, the matter is noncriminal, and
no corroborating information has been discovered, officers shall not
be requested to submit to polygraph examinations unless the citizen
also submits to a polygraph examination which is specifically directed
and narrowly related to the complaint.
(b)
Medical examinations; photographs; lineups. Upon the order of
the Chief or the Chief's designee, officers shall submit to any
medical, ballistics, chemical or other tests, photographs or lineups.
All procedures carried out under this subsection shall be specifically
directed and narrowly related to a particular internal investigation
being conducted by the Department.
(45)
Financial disclosure. Upon the order of the Chief of Police,
an officer shall submit financial disclosure statements if they are
in connection with a criminal complaint in which this information
is material to the investigation. These statements are to be maintained
by the Chief of Police and shall not be available for public disclosure.
[Amended 12-8-2009 by Ord. No. 09-04]
(46)
Treatment of persons in custody. Officers shall not mistreat
persons who are in their custody. Officers shall handle such persons
in accordance with law and established Departmental procedure.
(47)
Use of force. Officers shall not use more force in any situation
than is reasonably necessary under the circumstances. Officers shall
use force in accordance with law and established Departmental procedures.
(48)
Use of weapons. Officers shall not use or handle weapons in
a careless or imprudent manner. Officers shall use weapons in accordance
with law and established Departmental procedures.
(49)
Arrest, search and seizure. Officers shall not make any arrest,
search or seizure which they know or should know is not in accordance
with law and established Departmental procedures.
[Amended 12-1-1992 by Ord. No. 92-13]
B.
The following list of penalties is intended to serve as a guide for
and is not to be construed as binding or inclusive upon the recommendation
of the Chief of Police or as to the penalties which may be imposed
by the Township Manager or the Board of Supervisors. Offenses not
included herein shall result in penalties similar to those specified
for a listed offense of comparable seriousness.
[Amended 12-8-2009 by Ord. No. 09-04]
C.
Repeated violations of Department rules and regulations or any other
course of conduct indicating a man has little regard for the obligations
of members of the Police Department shall be cause for dismissal.
This shall apply regardless of the severity of the offenses, and regardless
of whether these violations are of the same type.
D.
Subsections B(1) through (50) of § 81-112 shall be administered
in the following manner: Reprimand to dismissal.
[Amended 12-1-1992 by Ord. No. 92-13; 12-8-2009 by Ord. No. 09-04]
In addition to his/her rights under the act of the Legislature
known as the Police Officer's Tenure Act, any officer who has
successfully completed his/her probationary period may request an
informal hearing before the Township Manager and in the presence of
the Chief of Police if he/she believes the application of the Disciplinary
Code has been unfair to his/her case. Such requests shall only be
granted when addressed in writing to the Chief of Police within 72
hours after notification of disciplinary action taken has been received
by the officer.
[Amended 12-1-1992 by Ord. No. 92-13]
Any amendment to any provisions of this chapter may be adopted
by ordinance of the Township Board of Supervisors.
Whenever the requirements of this chapter are in conflict with
other requirements in this Code, the most restrictive, or those imposing
the higher standards, shall govern.
[Added 6-8-1999 by Ord. No. 99-09]
A.
The Board of Supervisors of the Township of Middletown shall enter
into an intergovernmental agreement with the Townships of Northampton
and Falls, and other townships and boroughs which may become participants
in the future, to create and operate a special reaction team which
will provide specialized police services to the participating municipalities.
A copy of the formal agreement is attached hereto and its terms approved
and incorporated herein to the same extent as if they were fully set
out in this section.[1]
[1]
Editor's Note: The intergovernmental agreement is on
file in the Township office.
B.
The agreement shall remain in effect until the Township of Middletown
withdraws from further participation in it by giving notice as required
therein.
C.
Middletown Township's expenses necessarily incurred as a result
of its participation shall be paid from the general fund or other
appropriate fund, pursuant to an appropriation made by the Board of
Supervisors.
