———

 

‘u‘—jn_ _

A COMPARATIVE EVALUATION OF FORMAL
DISCIPLINARY PROCEDURES OF
POLICE DEPARTMENTS OPERATING
UNDER AND IN THE ABSENCE OF
CIVIL SERVICE

Thesis for the Degree of M .. S ..
MICHIGAN STATE UNIVERSITY
RONALD HOUSTON ROGERS
1967

 

A COMPARATIVE EVALUATION OF FORMAL DISCIPLINARY
PROCEDURES OF POLICE DEPARTMENTS
OPERATING UNDER AND IN THE

ABSENCE OF CIVIL SERVICE

BY

Ronald Houston Rogers

AN ABSTRACT OF A THESIS

Submitted to
Michigan State University
in partial fulfillment of the requirements
for the degree of

MASTER OF SCIENCE

School of Police Administration and Public Safety

1967

  

Approved

 

 

ABSTRACT

A COMPARATIVE EVALUATION OF FORMAL DISCIPLINARY
PROCEDURES OF POLICE DEPARTMENTS
OPERATING UNDER AND IN THE
ABSENCE OF CIVIL SERVICE

by Ronald Houston Rogers

This thesis deals with the formal disciplinary pro-
cedures of medium-sized police departments operating under
the jurisdiction of a Civil Service system and outside such
a system. The purpose of this research was to determine if
the formal disciplinary procedures of the police departments
operating in the absence of Civil Service are more consis-
tent with principles of discipline identified from the lit-
erature reviewed on the subject, than are the formal dis—
ciplinary procedures of the departments operating under
Civil Service.

The literature pertaining to the subject of disci-
pline in the fields of police administration, business and
industry, personnel administration, and the military ser-
vice was reviewed focusing upon the theoretical aspects of
discipline. Principles considered basic to any disciplinary
procedures were identified from the review of the literature
and are presented.

A field study was conducted in which the chief ad-

ministrators of four Michigan police departments were

Ronald Houston Rogers
interviewed to ascertain what formal disciplinary pro-
cedures are followed by their departments.

The information gathered in these interviews,
using an interview guide based on the principles of dis-
cipline which were identified, attempted to determine
how the departments are organized with respect to the
disciplinary process; what policies and procedures are
followed; and, what limitations are imposed upon the au-
thority and discretion of the chief administrator.

The existing differences between the Civil Ser-
vice departments and the Non-Civil Service departments
were identified and the procedures of both groups were
evaluated in terms of their consistency with the princi-
ples of discipline. It was found that the lack of quan-
titative data prevented a more precise evaluation, and
that a more sophisticated methodoloqy than that used in
this study should be employed. It was also concluded
that any future study of this type should involve a larger

sample from the concerned population.

A COMPARATIVE EVALUATION OF FORMAL DISCIPLINARY
PROCEDURES OF POLICE DEPARTMENTS
OPERATING UNDER AND IN THE

ABSENCE OF CIVIL SERVICE

BY

Ronald Houston Rogers

A THESIS

Submitted to
Michigan State University
in partial fulfillment of the requirements
for the degree of

MASTER OF SCIENCE

School of Police Administration and Public Safety

1967

ACKNOWLEDGMENTS

I would like to express my gratitude and apprecia-
tion to the following persons:

To my wife, Faye, for her moral support and patience
during the time it took to complete this phase of my educa-
tion.

To my mother, for the faith she has in both her
sons.

To my late father, Lonnie W. Rogers, and my late
uncle, Harry H. Rogers, both former police officers, for
instilling in me a desire to achieve competence in this
field.

To Chief of Police James J. Robinson, and former
Police Comissioner George E. McNally, of the City of
Mobile, Alabama, for encouraging me to complete my formal
education, and for their trust and friendship.

To Professor Frank D. Day, my thesis advisor, for
his constructive criticism of this effort, and to the other
members of the committee for their helpful suggestions.

To the chiefs of the police departments in the
State of Michigan who took the time to provide information

for this study.

ii

TABLE OF CONTENTS

ACKNOWLE DGDENT S O O I O O O O O O O O O O O O 0
LIST OF CHARTS O O O O O O O O O O O O O O O O 0

LIST OF APPENDICES O O O O O O O O O O O O O O 0

Chapter

I. THE PROBLEM AND DEFINITIONS OF TERMS USED
The Problem . . . . . . . . . . . . . .
Definitions of Terms Used . . . . . . .

Organization of the Remainder
of the Thesis . . . . . . . . . . . .
II. REVIEW OF THE LITERATURE . . . . . . . .
Police Administration Literature . . .
Discipline in Business and Industry . .
Personnel Administration Literature . .
Military Discipline . . . . . . . . . .

III. IDENTIFICATION OF PRINCIPLES FOR THE
ADMINISTRATION OF DISCIPLINE . . . . .

Principles for Evaluation of Procedures
IV. COMPARISON OF THE FORMAL DISCIPLINARY
PROCEDURES OF FOUR MICHIGAN POLICE
DEPARTMENTS O O O O O O O O O O O O O 0
Me thOdo logy O O O O O O O O I O O O O 0
Departments Operating Under
Civil Service . . . . . . . . . . . .

Non-Civil Service Departments . . . . .

Procedural Differences . . . . . . . .

iii

Page

ii

vi

23
26

33

36

37

4O

40

42
51

60

Chapter

V.

Summary .

Evaluation of Procedures
Conclusions
Recommendations

BIBLIOGRAPHY

APPENDICES

SUMMARY AND CONCLUSIONS

iv

Page
63
63
64
66
68
70

74

Table

LIST

TABLE OF ORGANIZATION,
TABLE OF ORGANIZATION,
TABLE OF ORGANIZATION,

TABLE OF ORGANIZATION,

OF CHARTS

Page
Police Department A . . 44
Police Department B . . 49
Police Department C . . 53

Police Department D . . 58

LIST OF APPENDICES

Appendix Page
A INTERVIEW GUIDE . . . . . . . . . . . . . . . 75
B CIVIL SERVICE FOR FIRE AND
POLICE DEPARTMENTS . . . . . . . . . . . . 78
C RULES OF THE DIVISION OF POLICE . . . . . . . 96

D GENERAL RULES 0 o o o o o o o o o o o o o o o 12 5

E RULES AND REGULATIONS . . . . . . . . . . . . 134

vi

CHAPTER I
THE PROBLEM AND DEFINITIONS OF TERMS USED

One of the most important functions of the chief
administrator of a police department is to administer dis-
cipline. It is generally agreed that "every police de-
partment has a direct and nontransferable responsibility
for enforcing pr0per conduct by its members."1 Inasmuch
as there is no way to insure that each individual police
officer will, at all times, behave properly and perform
to the best of his ability, it is necessary that proce-
dures be established and used by the police administrator
in fulfilling this particular responsibility.

Misconduct by members of a police department, re-
gardless of the degree of visibility of that misconduct,
limits the effectiveness of that department as agency of
social control and public service. The illegal or improper
actions of a few officers which receive wide notoriety
tends to reflect unfavorably upon the entire department.
It may be pointed out that the ultimate solution to dis-
ciplinary problems does not lie in elaborate disciplinary
procedures, but that an organized approach to the problem

"designed to provide the necessary authority for the

 

1The Challenge of Crime in a Free Society. A
Report by the PresdIentTE CommisEIon on Law Enforcement
and Administration of Justice. (Washington: Government
Printing Office, 1967), p. 115.

 

 

2

supervisor, with due regard for the rights of the indivi-

dual officer, is a goal worth seeking."2

I. THE PROBLEM

Statement of the problem. It was the purpose of

 

this study (1) to review the existing literature on the
subject of discipline; (2) to identify from the review of
the literature principles which should be used to estab—
lish guidelines for the administration of formal disci-
plinary procedures; (3) to compare the formal disciplinary
procedures of police department Operating under the juris-
diction of a civil service system with the procedures of
departments operating in the absence of such a system;
and, (4) to evaluate the formal disciplinary procedures

of the departments studied in terms of the principles

identified from the literature.

Importance of the study. It is noted that many

 

 

of our municipal police organizations are subject to the
jurisdiction of an independent civil service commission
or board in personnel matters. Under such systems some
of the decisions of a chief departmental administrator

are subject to review by an authority outside the

 

2Bruce C. Young, "An Evaluation of the Formal
Disciplinary Procedures of Three Metropolitan Police De-
partments With a Recommended Procedure Guide" (unpublished
Master's thesis, Michigan State University, East Lansing,
1963). P. l.

3
organizational framework of the department. Some depart-
ments, however, retain complete control over all personnel
matters within the department, including discipline.

This study provides information regarding the for-
mal disciplinary procedures followed by departments opera-
ting under the jurisdiction of a civil service system;
and, departments Operating in the absence of such juris-
diction. The basic principles of discipline supported by
authorities in the fields of business and industry, per-
sonnel administration, and military service, as well as
police administration, are identified. The study then
identifies the formal procedures of police departments
under both categories, which are either consistent or in-
consistent with these principles.

In the final analysis, the value of this study
will be determined by the extent to which the principles
offered in Chapter III are followed in the future by
police administrators as guidelines in the administration

of discipline.

Limitations of the study. It is recognized that

 

 

informal disciplinary procedures may exist in the depart-
Inents studied, as well as in the administration of dis-
cipline in other fields._ This thesis limits itself to
study of the formal procedures only, bearing in mind that
the informal practices may have an effect upon the formal

procedures.

The field study was confined to four police de-
partments in the state of Michigan and its findings and
conclusions do not necessarily hold for all departments,
even in similar circumstances.

With respect to those police departments Operating
under Civil Service, this study does not attempt to deter-
mine if the formal procedures which they follow are wholly
consistent with Civil Service law. It is concerned only

with the actual practices.

II. DEFINITIONS OF TERMS USED

To provide a better understanding of the thesis,
several general terms are Operationally defined at this
point. These definitions are not referenced as they are
combinations of ideas incorporating the views of the

author.

Civil service. A legally constituted system of

 

procedures governing personnel matters in governmental
agencies under its jurisdiction, and which has the power
to invalidate the personnel actions of a departmental ad-

ministrator, or chief municipal administrator.

Discipline. The process, either positive or nega—

 

tive in nature, by which conformity to authoritative norms,

is sought.

Discretion. The degree of flexibility which an

 

administrator or supervisor has in his choice of actions
in dealing with a situation within the sc0pe of his re-

sponsibility.

Formal disciplinary procedures. For the purposes

 

 

of this study, those measures for the administration of
discipline which are clearly set forth in either rules or

policy.

Morale. A sense of common purpose and degree of

dedication on the part of each employee.

III. ORGANIZATION OF THE REMAINDER

OF THE THESIS

Chapter II, Review of the Literature, discusses
the literature pertaining to the subject of discipline in
the field of police administration, business and industry,
the military service, and personnel administration.

Chapter III, Identification of Principles for the
Administration of Discipline, presents and explains the
principles abstracted from the literature which should
serve as guidelines for the administration of formal dis-
ciplinary procedures in any size police department.

Chapter IV, Comparison of the Formal Disciplinary

Procedures of Four Michigan Police Departments, describes

 

the formal disciplinary procedures of the departments
studied, and identifies the differences between the pro-
cedures of the departments under civil service, and those
not under civil service.

Chapter V, Summary and Conclusions, analyzes and

 

evaluates the procedures of the departments studied in
terms of the principles model offered in Chapter III. A
summary of the study, develOpment of the conclusions, and

recommendations also appear in this chapter.

CHAPTER II
REVIEW OF THE LITERATURE

The literature which directs itself to a discussion
of discipline is generally concerned with the examination
of formal rules of conduct and sanctions for the violation
of these rules. This review of the literature, however,
will deal with the more theoretical aspects of discipline
and discuss some of the principles which should be con-
sidered in develOping formal procedures for the adminis-

tration of discipline in police organizations.

I. POLICE ADMINISTRATION LITERATURE

O. W. Wilson, until recently Superintendent of
the Chicago, Illinois, Police Department, discusses dis—
cipline as function of command in his book Police Adminis-
tration. He points out that it is a function which must
be exercised in order to develop a police organization
which responds positively to direction and control.3
Accordingly, Wilson's approach to discipline is positive
rather than negative. He regards it as "a form of training
and an important constructive leadership tool for elimi-

znating weakness and preventing their development."4 The

3O. W. Wilson, Police Administration (New York:
thGraw-Hill Book Company, Inc., 1963), p. 173.

41bid.

department which is undisciplined is, in his view, one
which is lacking in training. The responsibility for
this organizational weakness lies not only in the short-
comings of the formal training program, but upon the
failure of superior officers to require their subordinates
to observe formal departmental procedural guidelines and
rules of conduct.5
He indicates that discipline, as a control and
direction tool, is intended "primarily for the weak and
deficient, although it affects all members of the force
because all are potentially subject to it."6
Wilson distinguishes between discipline and pun-
ishment. He feels that properly administered discipline
results in voluntary conformity to department rules and
regulations. Punishment, however, is a sanction which
must be applied when conformity is not forthcoming.
Wilson's concept of the relation of discipline, training
and punishment is summed up in his statement: "The best
disciplined forces are the best trained and therefore
the least punished."7
Wilson makes the Observation that "members of an

undisciplined force lack esprit d3 corps; they suffer

from a damaged morale and have a lackadaisical attitude

 

Ibid.

 

Ibid.

7Ibid.

 

toward their work, their supervisors, their department,

8

and the public." In the final analysis he places the

responsibility for the state of discipline within a depart-
ment upon the supervising officers. He identifies three
primary responsibilities of an immediate superior officer

in the administration of discipline.

(1) to discover the weakness, deficiency, failure,
or overt act of a subordinate that indicates the need
for corrective action; (2) to analyze all the factors
involved in order to decide the most suitable actions;
and (3) to initiate and, in most instances, carry out
the disciplinary action.9

In order for subordinates to understand what is
expected of them, Wilson indicates that supervision must
"provide their subordinates with clear and concise in-

10

structions." Further, it is the supervisor's respon-

sibility to see that all disciplinary action of a serious

nature should be recorded.11

Wilson states that the final review of disciplinary
action should be retained within framework of the depart-
ment itself in the office of the chief.12

Clifford Scott, writing in Leadership for the

Police Supervisor, comments that there are few words which

 

have been more generally misunderstood and misused than

 

81bid.

 

91bid., p. 174.

lOIbid., p. 176.

llIbid.

 

12Ibid., p. 174.

10
the word "discipline."l3 He points out that the root of

the word means pp_teach but that its careless use has made

it virtually synonomous with some type of punitive action.l4

Scott goes on to discuss the relationship between the dis-

cipline of a police department and the level of morale,

15

in terms of cause and effect. He regards the clear trans-

mission of orders as essential in avoiding misunderstandings

which may necessitate disciplinary action.16

Gocke also commented upon the relationship between
morale and discipline.

The purpose of building morale is to make the men
more efficient, to create a discipline that is vol-
untary and enthusiastic rather than enforced, and to
stimulate their minds and wills toward desired ends.
Morale work is calculated to bring out, encourage,
and develop the best there is in the men. It aims to
stimulate and assist the weak, direct the strong, cor-
rect the erring, educate the uninformed, and further
encourage the successful. It brings enjoyment to
work and pride in accomplishment. Morale work is
designed to take the men's thoughts away from their
troubles. It is not intended to reform offenders,
though it frequently does so. Its primary purpose is
to strike at any possible source of inefficiency and
disorder, and thereby prevent conditions that result
in a state of mind wherein the individual is willing
to commit Offenses against the rules and regulations
of the department.17

 

13Clifford L. Scott and Bill Garrett, Leadership For
The Police Supervisor, (Springfield: Charles C Thomas,
1960). p. 50.

14

 

Ibid.

lsIbid., p. 52.

16Ibid., p. 53.

17B. W. Gocke, "Morale in a Police Department," Journal
9£_Criminal Law, Criminology and Police Science, 36:216,
September-October, 1945.

 

 

11

G. Douglas Gourley, in an article dealing with
discipline in police administration, also discusses the
positive and negative forms of discipline. He comments
that positive discipline is possible only when the objec-
tives of an organization or group, and the procedures for
attaining the objectives are known to all personnel con-
cerned.18 He feels that if a police organization fails
to supply its members with current c0pies of rules and
regulations which clearly define the rules of conduct,
methods of procedure, and the authority of various ranks,
problems of discipline are inevitable.19

"Whatever authority is considered desirable to
give to each level of supervison should be established in
"20

writing and made known to all.

Bruce Smith, Jr., in the revised edition of his

father's book Police Systems in the United States recog-

 

 

nizes that the control which any administrative head is
able to exercise is determined by his power to discipline
"the members of the rank and file." He goes on to point
out that the mere existence of such powers is usually

sufficient for its support of the executive's authority

 

18G. Douglas Gourley, "Police Discipline,"
Journal pf Criminal Law, Criminology and Police Science,

19

 

Ibid., p. 87.

2oIbid.. pp.98-99

12
and for this reason the powers are rarely used. However,
he states that this rationale does not obtain in the case
of police service.

The very nature of the work--the large powers
entrusted to police, the fact that they often operate
alone and far from supervision, and the corrosive
influence of almost continuous association with crim-
inals and delinquents--tends to make infractions of
disciplinary rules a matter of more frequent occur-
rence and of more serious moment. Hence the disci-
plinary powers of the police administrator need to
be kept in good working order because there is likely
to be frequent need for their exercise.21

Smith goes on to discuss the limitations which

civil service regulations impose upon the executive dis-
cretion of the police administrator in disciplinary matters.

"Either by law or by regulation, the police ad-

ministrator is told in no uncertain terms that he cannot
take major disciplinary action with decision and vigor."22

Citing a number of studies which indicated a high

percentage of offending policemen who have been reinstated
repeatedly after being dismissed in a disciplinary action,
Smith regards the disciplinary methods of most city forces
as grossily inadequate to meet the special requirements

of police work. His views on the matter are best summa-

rized in his statement: "a sound discipline will probably

 

2J'Bruce Smith, Jr., Police Systems in the United
States. (New York: Harper and Brothers, 1960), p. 136.

22

 

Ibid.

13
contribute more to the solution of our municipal police
problems than any other single recourse now available."23

A most interesting discussion of discipline in
the literature within the field of police administration
is found in Police Personnel Management by A. C. Germann.24
Germann expresses the thought that "the most delicate
internal problem facing the police executive is that of
discipline."25 He points out that some of the lesser of-
fenses are not viewed favorably by most police adminis-
tration but at the same time they often react to such con-
duct by covering up or glossing over it.26
Germann regards the primary objective of disci-
pline in a police department as an aid "to the officer
in knowing his duty and performing it with the same care-

ful obedience as in the military."27

He cautions, how-
ever, against the detrimental effect of a discipline which
is overly strict and rigid in nature, upon both the police

and the public.28

 

23Ibid., p. 138.

24A. C. Germann, Police Personnel Management.
(Springfield: Charles C Thomas, 1963), pp. 164-174.

251bid., p. 164.

26Ibid.

27Ibid., p. 165.

281bid.

14

He also discusses both the positive and negative
approach to discipline. The positive approach is achieved
by what he terms development of "the intellect"--through
education, training, and instruction.29 Negative disci-
pline is achieved through the control of "the will", by
the techniques of admonitions and punishment.30 He suc-
cinctly points out that the negative approach is the one
most easily understood by some administrators.

The role of the supervisor is regarded by Germann

31 These are the

as the key to effective discipline.
decision-makers in the choice of either positive or neg-
ative measures, with the negative being recommended as
the last resort after all positive discipline has failed.32
Germann discusses the use of trial boards as part
of formal departmental disciplinary procedures. He recom-
mends its use in order "to relieve the chief of police of
some of the onus for disciplinary action, and provides
protection against ill-advised peremptory disciplinary

"33

decisions. Bruce Young implies that this procedure

 

291bid.

30Ibid.

3lIbid., p. 169.

32Ibid., p. 170.

33Ibid.

 

15
suggests that the chief who utilizes a trial board pro-
cedure "is unwilling to personally and solely accept the
responsibility for his action and cannot be depended upon
to act with judgment and consideration."34 However,
Germann recommends that trial board recommendation be
just that--recommendation, with the final decision on the
action to be taken residing in the Chief of Police.35

An internal investigation unit with the assigned
task of investigating all complaints made against members
of the department is recommended also by Germann.36

The polygraph, or "lie detector" is also recom-
mended for use in disciplinary investigation, but only
by a trained polygraph examiner.37

It is noted that both the internal investigation
unit and the polygraph can serve the best interests of
38

both the legitimate complainant and the accused.

The text Municipal Police Administration, pub-

 

lished by the International City Manager's Association,

also recognizes the positive and negative approach

 

 

34Young, pp. git., p. 9.
35Germann, pp. gip., p. 171.
361bid.

37£E£§°

38

Ibid.

 

16

39 It regards the primary aim of discipline

to discipline.
as "a change in the attitude and action of the individual
officer whose work has not been in conformance with depart-
ment standards, so that he performs as he should."40
Other purposes of discipline are: to serve as a deterrent
to potential offenders; and, to bring about a public aware-
ness that all members of the department are expected to
conform.41
In the administration of discipline, in order
that these purposes be accomplished, speedy, positive,
and just disciplinary action must be taken. It is felt
that "two principal deterrents to dereliction are swift-

"42 It is recommended that

ness and certainty of action.
any disciplinary action requiring more than a minor rep-
rimand be recorded by some type of memorandum which should
include:
(1) The situation calling for an interview with
the employee; (2) specific reasons for the interview;

(3) summary of employee's statement or explanation;
(4) summary of supervisor's statement; and (5) mutual

 

 

 

 

 

39International City Manager's Association. Municipal
ZPolice Administration. (Chicago: International City
Manager's AssocfitTon, 1961), P. 167.

4OIbid.

4lIbid.

42

Ibid.

l7

understanding of what employee and supervisor will
do to improve performance or prevent a recurrence
with an understanding of future disciplinary action
if the employee fails to correct.43
The text goes on to recommend that the employee
concerned be required to read the memorandum and sign a
statement acknowledging that he has read it and under-
stands it.44
Municipal Police Administration also discusses
the problem encountered in the jurisdiction of various
types of bodies or agencies which exercise review power
over a police department's disciplinary actions. It
points out that in spite of the faults of many of these
agencies, some administrators and reviewing commissions
or agencies, have effected "a balance between complete
administration efficiency and the complete protection of
the individual against disciplinary action."45
A contrasting view of the effect of Civil Service
on disciplinary procedures in police administration was
expressed by Raymond Fosdick in his book American Police
Systems.

Civil service laws and regulations have gone to
extreme lengths in the United States in safeguarding
policemen against unjust disciplinary action. In

 

43Ibid., pp. 167-168.

44Ibid., p. 168

4SIbid., p. 169.

18

some cities the civil service system itself assumes
sole responsibility; in others, the commission have

the right to review the action of the police adminis-
trative authority, and may order reinstatement in

case of dismissals, or lesser penalties than those
imposed. In most police departments when disciplinary
action is taken, charges must be preferred in writing
and the case submitted for trial. The trial may be
conducted along the lines of a criminal proceeding as
in New York with due regard for legal rules of evidence
and all the technicalties of regular court procedure,
or it may be a more or less formal method observed

by an administrative officer in enforcing discipline.
The various practices that are employed differ from
city to city, and there is no standardized arrangement.46

Fosdick goes on to discuss the limitations of
Civil Service:

In its application to a police department civil
service has serious limitations. In the endeavor to
guard against abuse of authority, it frequently is
carried to such extremes that rigidity takes the place
of flexibility in administration, and initiative in
effecting essential changes in personnel is crippled
or destroyed. Too often, as we have already seen,
in connection with the chiefs of police, civil ser-
vice is a bulwark for neglect and incompetence, and
one of the prime causes of departmental disorganization.
Too often does the attempt to protect the force against
the capricious play of politics compromise the prin-
ciple of responsible leadership, so that in trying to
nullify the effects of incompetence and favoritism,
we nullify capacity and intelligence too.47

Fosdick comments that if most businessmen at-
tempted to Operate under such limitations, they would be

"foredoomed to failure from the start."48

 

46Raymond B. Fosdick, American Police Systems.
(New York: The Century Company, 1920), pp. 281-282.

47Ibid., p. 284.

481bid., p. 285.

19
In his book Police Planning, Wilson also comments
upon the effect of Civil Service on formal police disci-

plinary procedures:

When evidence is discovered of lax discipline, a
review of the disciplinary machinery and the procedures
used in dealing with disciplinary cases may reveal
the cause. When lax discipline is found in spite of
the fact that the police chief has requisite disci-
plinary authority, the blame is his. Recommendations
should then be made to strengthen discipline. When
the police chief lacks essential authority, the blame
rests with the device that has deprived him of his
natural and necessary power. This device is found
outside the police department, usually in the form
of a civil-service charter provision or law.49

The police chief should have sufficient authority

to "remove policemen from service, subject to the direction

of the administrative head of the city."50

The police chief should have a clear cut prior
understanding with his supervisor regarding:

(l) matters that may require pre-action consul-

tation and approval; (2) action that the chief may

take without prior clearance but on which a report

is desired; and (3) other matters on which no report
is desired.51

Dr. John Kenney, in his book Police Management

Planning, regards discipline as a mental attitude. This

 

jparticular definition is positively oriented and implies

'that it goes beyond the scope of "an arbitrary enforcement

 

49O. W. Wilson, Police Planning. (Springfield:
Charles (3 Thomas, 1962), p. 227.

SOIbid.

SlIbid.

20
of rules and regulations laid down by authority."52 He
goes on to point out that conditions in the police ser-
vice in general necessitates a practical application of
discipline which is most suitable for the weakest and
more inefficient as O. W. Wilson pointed out.53

However, Dr. Kenney answers in the affirmative

the question: Is it possible for a police department to

 

establish a positive approach to discipline? Citing

G. Douglas Gourley, he proposes a code of ethics for the
police which he feels would standardize the rules gov-
erning the official conduct of police Officers.54 In

the absence of such a code, uniform disciplinary policies
of a department could still be approached positively.55
Dr. Kenney expresses the opinion that these policies
should place most of the responsibility for disciplinary
actions upon immediate supervisors with only the more
serious situations referred to the upper echelon.56
Kenney emphasizes that the "corrective measures taken
should be regarded generally as an action "to further

train officers in the department."57

 

52John P. Kenney, Police Management Planning.
(Springfield: Charles (2 Thomas, 1959), p. 79.

53

 

Ibid., p. 70.

54Ibid

 

SSIbid.

 

561bid.

57Ibid., p. 71.

21
Dr. Kenney also recognizes the problem of referring

disciplinary action to a Civil Service Commission for an

58

appeal hearing as a major one. With regard to procedure,

he recommends that:

In initiating any type of disciplinary proceeding,
it is fundamental that the accused should be informed
in writing of the charge against him. Stenographic
records should be made of the proceedings. Opinions
supporting the guilt or innocence of the accused of-
ficer should be included.59

The only reference to discipline made by V. A.

Leonard, in Police Organization and Management, concerns

 

the recording of all disciplinary actions concerning an

officer in his personnel record.60

In his study, Bruce Young, evaluated the formal
disciplinary procedures of three metropolitan police de-
partments. He discusses at length the importance of good
supervision in maintaining discipline.

The general responsibility of a supervisor con-
cerning discipline is to maintain orderly conduct
among his subordinates and to apply disciplinary
measures which will eliminate conditions interfering
with efficiency, insure cooperation, and protect the
rights of the group. To accomplish this his goals
are: (l) to foster a feeling of mutual respect between
himself and his organization; (2) to keep his officers
satisfied while at the same time having them conduct
themselves in accordance with the established rules

 

58Ibid., p. 70.

591bid., pp. 72-73.

60V. A. Leonard, Police Organization and Manage-
ment. (Brooklyn: The Foundation Press, 1964), p. 136.

22

of conduct; and (3) to train the police officers
within his control to perform their duties efficiently.61

Young lists eleven principles which he feels should
serve as guides to achieve these goals. They are:

1. Make instructions simple and understandable.

2. The supervisor must know and follow the rules.

3. The principles of organization must be known
and followed.

4. Take prompt action on disciplinary violations.
5. Investigate before acting.

6. Permit the accused officer an opportunity to
present his side before any decision is made.

7. Decide what action to take.

8. Inform the offender of the disciplinary action
taken or recommended.

9. Keep records of all formal and informal disci-
plinary actions taken.

10. Follow established disciplinary procedures.

11. Disciplinary actions of the chief or superin-
tendent should not be subject to review other than for
dismissal from the service.62

Rex R. Andrews of the Burbank, California Police
Department, in a paper presented at an institute for po-

lice supervisors at Los Angeles State College listed some

steps which he felt a line supervisor should follow in

 

61Young, pp. cit., p. 38.

62Young, pp. cit., pp. 38-50.

23
deciding what corrective measures, if any, were required
in disciplinary problems. Briefly, they are concerned
with four major questions.

1. Are all the necessary facts known to the
supervisor?

2. Does the supervisor actually consider these
facts before deciding upon the disciplinary measure?

3. Is the corrective measure administered in
the prOper manner?

4. Is the disciplinary action followed up?63

II. DISCIPLINE IN BUSINESS AND INDUSTRY

In the study of the literature concerning disci-
pline in business and industry, there exists a relation-
ship which parallels that of the public service executive
and a Civil Service Commission. This parallel is the
labor-management relationship, wherein the authority of
the employer has been limited. The basic difference be-
tween the two relationships is that in business the limi-
tations on the employer's authority is by agreement
through a negotiated contract with a union. In his book,

Employee Discipline, Lawrence Stessin provides an inter-

 

esting and informative study of this limitation of exec-

utive authority. Considerable emphasis is placed upon

 

63Rex R. Andrews, "A Discipline Check List,"
Readings ip Police Supervision. (Los Angeles: Los
Angeles State College Foundation, 1963)

24
the role of an independent arbiter in determining if the
exercise of authority by management in applying discipline
was prOper. Stessin's description of the arbitration pro-
cess leads one to believe that there is considerable sim-
ilarity between the labor management relationship and
that of police administrator and a civil service commission.

In another book, The Practice pp Personnel and

 

 

Industrial Relations, Stessin identifies some administrative

 

principles of discipline. The first is equal treatment,
meaning that one set of standards applies to all employees.
The second principal identified applies the "rule of
reason." Determining "what is fair" leaves much to the
discretion of the supervisor invoking the disciplinary

process as Stessin indicates. A third principle involves

64

the timing of the disciplinary action. As Stessin

puts it:

Correction should take place soon after the act,
but not when the manager is upset, angry, or in a
"boiling mood." There are few Offenses so serious
that discipline cannot wait for investigation of facts
and cooling off of heads. This does not mean that
the worker should not be put on notice that what he
has done is wrong and that he might be punished.65

 

64Lawrence Stessin, Employee Discipline.
(Washington: BNA Incorporated, 1960).

65Lawrence Stessin, The Practice pg Personnel and
Industrial Relations, A Casebook. (New York: Pitman
Publishing Corporation, 1964), p. 71.

 

 

 

 

 

25

Lawrence Appley in his book, Management ip Action,

 

also emphasizes that one of the basic principles of disci-
pline involves letting employees know what is expected
of them.66

In The Principles pi Organization, James Mooney

 

 

states that the discipline which is achieved in accordance
with principles which are known to the organization is
more likely to be effective than the discipline which is
dependent upon the strength of the leader and the rules

he sets forth.67

Orme W. Phelps in his book, Discipline and Dis-

 

charge ip the Unionized Firm, states that procedure in

 

administering discipline is of paramount importance "be-
cause the machinery of enforcement is in the hands of

management, with the latter acting in the capacity of

"68

both prosecutor and judge. He views a correct pro-

cedure as one which assumes that the employee is innocent
until proven guilty, and which permits him every oppor-

tunity to defend himself.69

 

66Lawrence A. Appley, Management ip_Action.
(New York: Stratford Press, Inc., 1956), pp. 120-122.

67James D. Mooney, The Principles pi Organization.
(New York: Harper and Brothers, 1947), p. 177.

68Orme Wheelock Phelps, Discipline and Discharge
ip the Unionized Firm. (Berkeley: University of Cali-
fornia Press, 1959), p. 141.

69

 

 

 

 

 

Ibid., p. 141.

26

Pfiffner and Sherwood, in their text Administra-

 

tive Opganization, state that the kind of discipline

 

which one finds in a military bootcamp has limited use-
fulness in a free civilian society. They suggest that a
different manner of motivating peOple to the accomplish-
ment of organization goals is in order. They envision
a system or procedures in which
PeOple will become more sensitive to the effect
of their behavior on their fellow men, and this will
help to ameliorate and minimize the individual's sub-

ordination to large—scale organization as a stan-
dardizing enemy of human dignity.70

III. PERSONNEL ADMINISTRATION LITERATURE

In the fourth edition of Public Personnel Admin-

 

istration, 0. Glenn Stahl devotes a chapter to the sub-

 

ject of discipline.71 The forms of disciplinary action,
their significance and the responsibility of the public
service executive for discipline and some of the limi-

tations placed on him by civil service, are discussed

72

at length. Stahl states that "disciplinary control is

effective only if it is firmly, promptly, and consistently

73

exercised." He feels that this is most effectively

 

70John M. Pfiffner and Frank P. Sherwood, Admin-
istration Organization. (Englewood Cliffs: Prentice-
Hall, Inc., 1966), pp. 202-203.

710. Glenn Stahl, Public Personnel Administration.
(New York: Harper and Brothers, 1956), Pp. 451-460.

72

 

 

Ibid 0

 

731bid., pp. 456-458.

27
exercised when the original disciplinary authority is
vested in one executive.74 Accordingly, he should possess

75 The

"authority commensurate with responsibility."
limitations upon his discretion should be defined by a
minimum of basic legal provisions in order to guard
"against arbitrary procedure and punishment without just
cause being duly shown."76

Pigors and Myers, in Personnel Administration,

 

exphasize that most employees want to perform in the

manner which is expected of them. The conditioning of
family and school life develops considerable self-discipline
and this majority of employees will not break rules or

fail to accept instruction if the basic conditions con-
ducive to good discipline are present in their organiza-

77 The focus of corrective disciplinary procedures

tion.
is upon those few who do not conform. If a disciplinary
policy with sufficient and clearly defined penalties, is
not formulated and implemented, this small group can
"spread dissatisfaction and poor conduct throughout the

organization."78

 

74Ibid.

 

7SIbid., p. 460.

76Ibid.

77Paul Pigors and Charles A. Myers, Personnel
Administration. (New York: McGraw-Hill Book Company,
Inc., 1961), p. 199.

78

 

Ibid.

 

28
In order to provide a framework which is conducive
to the develOpment of self-discipline and deal with the
troublesome minority, Pigors and Myers recommend a policy
which includes:

1. A clear and reasonable list of plant rules,
with uniform penalties for their violation.

2. Instruction of all employees in what is ex-
pected of them, in terms of both observance of plant
rules and established standards of job performance.

3. A procedure for telling employees how well
they are meeting job standards and rules of conduct.

4. Careful investigation of the background and
circumstances of each case before taking disciplinary
action, which apparent breaches of conduct or expected
performance do occur.

5. Prompt, consistent application of disciplinary
measures by the employee's immediate superior, when
quilty has clearly been established.79

Pigors and Myers devote the remainder of their
chapter on discipline and discharge to a discussion of
the procedures to be followed by those who are responsible
for the handling of disciplinary problems. Considerable
emphasis is placed upon the responsibility of supervisors
to inform the employees of disciplinary policies, and an
objective assessment of situations requiring the invo-
cation of disciplinary action before applying corrective

0 O 80
or punitive measures.

 

79Ibid., pp. 199-200.

80Ibid., pp. 200-211.

29
Ordway Tead held that "good discipline is essen-
tial for the orderly conduct of any organization where
any considerable number of people are working together."81
He then poses two questions: What is "good" discipline;
and, how can it best be achieved?
He views the desired end result of discipline to
be, in part:
....general and willing adherence to a certain
minimum of reasonable rules or regulations which
are necessary to assure promptness and regularity in
attendance....freedom from gross insubordination to
the reasonable requests of designated leaders....
avoidance of conduct which involves hazard to life
and limb of fellow employees as well as to the pro-
perty of the company.82
Tead comments on two widely different attitudes
toward discipline which he describes as autocratic and
democratic. The basic approach of the autocratic was
founded in the motive of fear in controlling behavior
with punishment as the primary device for transgressions.83

He enumerates some of the shortcomings of the autocratic

 

81Ordway Tead, "The New Discipline," Readings ip_
Personnel Administration, ed. Paul Pigors and Charles A.
Myers, (New York: McGraw-Hill Book Company, Inc., 1952),
p. 355.

 

 

BZIbid.

83Ibid., p. 356.

30
Briefly they are:

l. The desires of those commanded are never
considered.

2. The sole appeal is to the fear motive thereby
excluding any other motives which may produce better
results.

3. Constant supervision is required because an
attitude developes which encourages those commanded to
"get away with" anything they can in the absence of the
commander.

This autocratic approach relies upon influence
and power sources which lie outside the group in order
to influence the group's behavior. The potential of
the sources of power which lie within the group are in
large part disregarded.85

The democratic or "new discipline" which Tead
refers to, concerns itself with the motives of group
approval, individual creativity, and a desire for im-
proved status. "It aims to capitalize on those inner
forces <3f thought and emotion which spontaneously give
rise to individual application, group loyalty, and rea-
sonable subordination of individual will to group
achievement."86

In answer to his own question--what is good

discipline?-—Tead answers this by:

 

84Ibid., p. 350.

851bid., p. 356.

86Ibid., pp. 337-358.

31

....that orderly conduct of affairs by the members
of an organization who adhere to its necessary regu-
lations because they desire to cooperate harmonously
in forwarding the ends which the group has in now
and willingly recognize that to do this their own
wishes must be brought into reasonable unison with
the requirements of the group in action.87

Tead suggests that such discipline "is achieved

"88 The remainder

only by conscious educational effort.
of the chapter provides an excellent discussion of pro-
cedures which are most likely to do this. These pro-
cedures require that management systematize the activities
of the organization/taking care to assure "that all reg-
ulations adopted are (a) as explicit as possible; (b) as
few and simple as possible; (c) as clear as possible as

89

to penalties." These rules should be applied to indi-

vidual cases consistantly and fairly with agreed procedures

90

utilized. The success of the "new discipline" approach

is dependent not on a "new attitude" alone, "but upon
specific procedures for adopting, interpreting, and applying

. . 91
rules and orders in a cooperative way."

 

87ipig., pp. 359-360.
88ipig., p. 360.
89ipig., p. 361.
goIbid.

91_—_—-

Ibid., p. 362.

32
Keith Davis, in discussing disciplinary policies,
emphasizes that consistency of action is the key to the
whole problem.

Research has shown that employees are more secure
when they are able to predict how management will
react to breaches of discipline, whether committed
by themselves or by others. For themselves, employees
want to know what they can or cannot do without having
to ask like children. For others, they want the
assurance that treatment will be equal under equal
circumstances and that no one is likely to get either
a better deal or a raw deal.92

In Governmental Manpower for Tomorrow's Cities,
a report of the Municipal Manpower Commission, the pro-
blem of discipline is discussed briefly.

Dismissal and disciplinary procedures should be
established and made known to all personnel. Respon-
sibility for their application should be vested in
department headsé subject to final review by the
chief executive.

Discipline as an integral element of management

"should not be subject to control by an independent com-
missioner or by political influences."94 The lack of

flexibility in a personnel system, as is often the case

under the independent Civil Service Commission, has forced

 

92Keith Davis, "Steps Towards A More Flexible
Disciplinary Policy," Personnel. 38:55, May-June, 1961.

 

3Municipal Manpower Commission, Governmental
Manpower for Tomorrow's Cities. (New York?’ McGraw-Hill
Book Company, Inc., 1962)7’p. ll.

94

 

 

Ibid., p. 106.

33

some managers into developing their skills "in outwitting

the rules."95

IV . MILITARY DISCIPLINE

Arthur H. Miller in his book Leadership, empha-

sized the necessity of prOper instructions in securing

good discipline.

When I find a man failing to comply with orders
(said an officer), before criticizing him blindly
for his failure, I look into the character of the
instruction he has received. More than once I have
found that an individual, who was supposedly failing
to comply with instructions, had in fact done all
or more than might have been expected when the nature
of the instructions was taken into consideration.
We should find out how the other fellow saw the sit-
uation. He may honestly have seen it very differently

from another.9

Miller goes on to recommend that the simplicity

of the language used in instruction is of basic importance.97

William E. Hocking in Morale and Its Enemies,
regards discipline as an important ingredient in the mental
unity of an army. It involves the loss of personal free-

98

doms in order to achieve this unity. Hocking also

 

95Ibid., p. 67.

96Arthur H. Miller, Leadership. (New York:
G. P. Putnam's Sons, 1920), pp. 138-139.

97Ibid.

 

98William E. Hocking, Morale and Its Enemies.
(Yale University Press, 1943), pp. 118-119.

34
discusses the arbitrary stress which is placed upon per-
forming certain tasks a certain way if for no other rea-
son than to develop the conditioned acceptance of action
based solely on an arbitrary criteria which may be in-
volved in carrying out common purposes.99 However, he
does recognize that all conduct is not governed by this
theory and comments that "....the habit which is formed
by an act of series of acts depends on the motive of the
100

act more than on the external shape of it."

The Psychologyp£_Military Leadership by L. A.

 

Pennington, Romeyn B. Hough, Jr., and H. W. Case, dis—

cusses the role of discipline in a military organization.

Discipline is recognized as an absolute necessity in any

organized society with the codes of conduct, both formal

and informal, providing for the "greater good of society."101
According to this text, the early use of disci-

pline was concerned with the instruction of soldiers in

the various skills necessary to enable a military unit

to function effectively in combat. The actions of soldiers

in performing such tasks as loading and firing weapons

 

991bid., pp. 119—120.

lOOIbid., pp. 124-125.

101L. A. Pennington, Romeyn B. Hough, Jr., and
H. W. Case, The Ps cholo pi Military Leadership.
(New York: Prentice-Hall, Inc., 1943), p. 127.

 

35
which were bulky or cumberson required rigid and precise
movements in order to produce effective firepower.102

With the develOpment of weapons which were easier
to Operate after the War Between The States, discipline
took on a different dimension. The initiative required
of an individual soldier, acting as a part of a group
seeking to achieve a common goal, required a change in
the character of discipline.103 But the modern as well
as the earlier concepts of discipline in the military
regarded unquestioning obedience to orders as essential.
Asking why an order is given is not compatible with
military discipline.104

This book echoes O. W. Wilson's views regarding
the positive and negative aspects of discipline, with
punishment as a negative aspect. The author points out
that the organization which is well-disciplined requires

few punitive actions.105

 

1°21b16., pp. 128-129.

103Ibid., p. 132.

10411616.

losIbid.

 

CHAPTER III

IDENTIFICATION OF PRINCIPLES FOR THE

ADMINISTRATION OF DISCIPLINE

In order to evaluate the formal disciplinary pro-
cedures of the departments selected for study, the cri-
teria for evaluation must be identified. It is primarily
for this reason that a set of principles have been ab-
stracted from the review of the literature in Chapter II
and are presented in this chapter. A secondary purpose
for offering this set of principles is that they can be
used by police administrators in reviewing and improving
their own disciplinary procedures.

These principles do not concern themselves with
the substance of the rules of conduct governing the in-
dividual behavior of police personnel. Neither do they
concern themselves with the requirements of highly so-
phisticated organizational structures and procedures.
These principles are concerned with the fundamental con-
siderations which should serve as basic guidelines in
the administration of formal disciplinary procedures.

It is felt that the review of the literature pre-
sented in Chapter II from which these principles are

abstracted, substantially supports these principles.

37

I. PRINCIPLES FOR EVALUATION OF PROCEDURES

1. Communication

 

a. Each member of the department should be fur-
nished with a COpy of all departmental rules and directives.
b. Each member of the department should be in-
structed in terms of what is expected of them in the ob-

servation of the rules and directives in a clear and

understandable manner.

2. Organization

a. Each member of the department should know and
understand the organization of the department regarding
the chain of command.

b. The formal disciplinary procedures should be

made known to all personnel.

3. Action

a. After either observation of an infraction by
a supervisor or upon receipt of a complaint regarding
misconduct from outside the department, prompt action
regarding the case should be initiated in which:

(1) A thorough and objective investigation
is made as soon as possible after knowledge Of a
complaint or allegation.

(2) The accused officer is permitted to

38
present his side of the issue before any final
decision is made.

(3) The accused officer is advised as to the
disposition of the issue, citing the reasons for
the disciplinary action taken or recommended, or

exoneration from the charges made.

4. Record
a. Records of all disciplinary actions should
be kept.
b. Statistics of departmental disciplinary action

should be kept and published.

5. Consistenpy

 

a. Those formal procedures which have been es-
tablished for the administration of discipline should be

used exclusively.

6. Authority

 

a. The decision of the chief administrator should
not be subject to review by any authority outside the
department, except for dismissal from the department.

Regardless of the size of a police department or
the need for elaborate and complex machinery to administer

discipline, these principles should obtain.

39
Adherence to these principles would constitute
an organized approach to the problem of administering
discipline. It would be a step toward the goal to which
Young referred, the balance between the regard for indi-
vidual rights, and preservation of necessary authority

of supervisors and administrators.106

 

106Young, pp. cit., p. 1.

CHAPTER IV

COMPARISON OF THE FORMAL DISCIPLINARY PROCEDURES

OF FOUR MICHIGAN POLICE DEPARTMENTS

This chapter concerns the field research conducted
in connection with this study. It is divided into four
sections: Section I, which discusses the methodology
used; Section II, which contains the empirical data ob-
tained from departments operating under Civil Service;
Section III, which contains the empirical data obtained
from departments not operating under Civil Service; and,
Section IV, which identifies the procedural differences

between the departments described in Sections II and III.
I. METHODOLOGY

The empirical studies described in Sections II
and III were conducted through personal interviews in
four police departments within the state of Michigan.
The population of the cities selected is in the 25,000—-
50,000 range. The police departments of two of the cities
Operate under the provision of Public Act 78, Public Acts
of 1935. The other two cities do not. The police admin-
istrators interviewed all occupied positions at the top
management level who were familiar with the disciplinary

procedures of their respective departments.

41
The purpose of this field research was to deter-
mine if the formal disciplinary procedures followed by
the selected police departments were consistent with the
principles presented in Chapter III.
The author conducted all of the interviews using
an interview guide which was based upon the principles

107

presented in Chapter II. The author did not ask the

questions in the quide verbatim; but instead phrased his

 

questions in keeping with the degree of rapport established
and developed as the interview progressed.

The guide itself was constructed in such a way
as to enable the author to ascertain:

1. How each department is organized with respect
to the disciplinary process?

2. What policies and procedures are followed
in formal disciplinary actions?

3. What limitations are imposed upon the authority
and discretion of the chief administrator?

The administrator interviewed was encouraged to
do most of the talking. The interview guide enabled the
author to direct the interview into those areas in which
he desired information. Once the author felt that suffi-

cient rapport was established, he asked the administrator

 

107Appendix A.

42
if he minded the author taking notes. No discernible
effect upon the free flow of conversation was noted during
any of the interviews conducted when the author commenced
to take notes.

Each administrator was asked to provide a specific
case which required invocation of the Department's disci-
plinary procedures. All but one was able to do this.

The information gathered was organized in such
a way as to provide a comprehensive picture of the formal
disciplinary procedures followed by each department.

After these procedureS°have been described, they are com-
pared to identify the existing differences between Civil

Service and Non-Civil Service departments.

II. DEPARTMENTS OPERATING UNDER CIVIL SERVICE

The two Michigan police departments operating
under Civil Service jurisdiction were selected from a
list of six cities within the 25,000--50,000 population
range furnished by the Michigan Law Enforcement Officers
Training Council. These departments Operate under the

108

provision of Act 78, Public Acts of 1935. This par-

ticular piece of legislation has been the subject of con-

siderable controversy since its passage.109

 

108Appendix B.

109For a detailed study of Act 78, see The Sa inaw
Study of Public Acts of 1935, by A. C. Germann, Michigan

State Ufiiversity, Augfigt, 1957.

 

43

Police department "A". Police Department "A"

 

provides police service for a city of approximately 40,000.
It is staffed by 108 sworn officers and 14 civilian employees.

Disciplinapy organization. The department is

 

organized as seen in Chart 1. A Police and Fire Commission
is responsible for the control and management of the De-
partment;110 for the adoption of rules and regulations
for the organization of the Department; and has appointive
and removal authority over all members of the Department,
subject to the provisions of the city charter and Act 78;
and sits as a trial board in disciplinary cases. Its
five members are appointed by the Mayor who is the chief
administrative officer of the city.

The Chief of Police is the executive head of the
Department.111 Under present circumstances the Captain
in command of the Uniform Division is second in command
of the Department. While there are seven Lieutenants in
the Department it is noted that the first significant
reference to disciplinary duties of supervisors to be
found in the Rules, refers to the responsibility of the

Sergeant.112

 

110Appendix C. Chapter 1., Section I.

lllIbid., Chapter II., Section I.

112Ibid., Chapter IV., Section VI.

44

 

 

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45

Disciplinary procedures. The Rules and Regulations

 

of the Department were first adopted November 2, 1931.
They are currently issued to members of the Department,
with amendments, in mimeographed form. These Rules and
Regulations are reviewed with new members of the Depart-
ment but no special provisions are made to provide for
additional instructions or interpretations except as each
individual officer requests such instruction.

If a Sergeant observes a subordinate in violation
of the General Rules in Chapter XVIII, or the 65 offenses
listed in Chapter XIX, he advises the officer that he
is in violation and then notifies the Lieutenant. A
written report is submitted to the Lieutenant who deter-
mines if the offense is serious enough to forward to the
Captain. There are no specific guidelines for determining
the "seriousness" of the offense in this regard. If it
is decided to forward the report to the Captain, it is
at this level that the formal charge is made and trans-
mitted to the Chief of Police.

The accused officer is furnished with a copy of
the charge and is permitted to present his side of the
issue at any level of the process.

The Chief of Police may impose a suspension upon
any member of the Department for a period not exceeding

fifteen days without a hearing before the Police and

46
Fire Commission. However, this does not preclude an
appeal to the Civil Service Commission established by
Act 78 under the provisions of Sections 1 and 2 of

Act 78.113

The Civil Service Commission has the authority
to reverse the actions of both the Chief of Police and
the Police and Fire Commission.

In the event a citizen files a complaint against
an officer, he is notified and requested to make a de-
tailed report on the matter. Usually the complaint is
made to a Division Commander and from there on it is
handled in the same manner as a charge by a supervisor.

All disciplinary actions requiring a hearing or
in which the officer accepts the penalty are recorded
in the officer's personal file. No provisions are made
for keeping statistics of Departmental actions however.

An example of how the procedures of Department
"A" Operate was cited by the administrator interviewed.
This case stemmed from the ill-advised and improper actions
of a group of police officers in the use of tear gas during
a gambling raid on a residence. In this instance the
ranking officer in the group, a lieutenant, was held re-
sponsible. The captains in command of the patrol and

detective divisions made the investigation after a citizen

complained and the lieutenant was formally charged under

 

113Appendix B.

47
the provisions of Chapter XIX of the Rules of the Division
of Police with failure to make an official report to su-
perior officers. He was suspended for 11 days without
pay and forfeited all regular Off days for a period of
six months (totaling 48 days), and lost all of his accu-
mulated furlough time.

At the time of the incident the lieutenant was
on probationary status, having been promoted only a few
weeks previous to this incident. The Police and Fire
Commission attempted to extend his probationary status
in addition to the suspension and loss of leave days and
furlough. This attempted extension of his probationary
status was the only aspect of the action of the Police
and Fire Commission which the lieutenant appealed to
the Civil Service Commission. In this case the Civil
Service Commission reversed the ruling of the Police
and Fire Commission regarding his probationary status
and ordered that he be given permanent status when he
completed his regular probationary period.

The administrator interviewed indicated that
the only exception made in invoking the formal disciplinary
procedures were those cases in which an officer failed
to appear in court.114 No reason was given for this
exception, nor was an alternative method of discipline

indicated.

 

114Ibid., Chapter XIX., Section I (61)-

48

Police department "B". Police Department "B"

 

provides police service for a city of approximately 27,000
people. It is staffed by 35 sworn officers and 4 civilian
employees.

Disciplinapy organization. The Department is
organized as illustrated in Chart 2. The chief admin-
istrative officer of the city government is the city
manager. The Chief of Police answers directly to him.

The present Chief took command of the Department
in May, 1967 and is in the process of reorganizing the
Department. Under the previous Chief, the administration
of formal discipline was confined to preferring charges
against an officer under a set of Rules and Regulations
first written in 1937. Only one COpy of these Rules and
Regulations was available and the author was unable to
obtain a copy.

The present Chief regards the system which he
inherited as totally inadequate. No records were kept
except in cases which required a hearing and in the
Chief's opinion the system was one in which the approach
to discipline was completely negative. Since taking
command of the Department he has instituted an pp ppp
board of inquiry composed of the Captain and two Lieu-
tenants to conduct investigations into serious disciplinary
charges. This board makes recommendations to the Chief

regarding disciplinary action.

49

 

 

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50

Disciplinary procedures. The Chief was the first
to point out that for all practical purposes formal pro-
cedures for administering discipline in his Department
are nearly non-existent. He is in the process of re-
writing the Rules and Regulations and during the interim
he issues special orders dealing with the conduct of mem-
bers of the Department.

He expressed considerable concern over the limi-
tations imposed upon his discretion by the Act 78 Civil
Service Commission which is empowered to reverse any
disciplinary decision he may make under present conditions.
Presently the authority to discipline possessed by middle-
management supervisors is not clearly defined and clear
cut choices of action on their part do not exist.

In the event of citizens complaint against a
member of the Department or if a supervisor makes any
type of disciplinary charge against a subordinate, the
pp ppp board of inquiry previously referred to conducts
an investigation and makes recommendations to the Chief.
No specific guidelines currently exist for determing
what charge to make or what action to recommend. The
officer is advised that a complaint has been made against
him and he may or may not be required to submit a detailed

statement telling his side of the issue.

51

The chief of Department "B" provided an example
of the manner in which disciplinary problems are handled
by citing a case in which an officer had been attempting
to force his attentions upon a married woman who was a
former city employee. The officer was drinking intoxi-
cants in a local bar while off duty, which is a violation
of Departmental rules according to the chief. He called
the woman at her home from the bar and told her that he
was coming over. When he hung up she in turn called po-
lice headquarters and shortly thereafter this individual
was apprehended by fellow officers near the woman's resi-
dence. He was charged immediately with conduct unbecoming
an officer and was dismissed from the Department. He
requested a hearing before the Civil Service Board and
hired an attorney to represent him in the matter. The
Civil Service Board upheld the action of the Department
in discharging him.

The author was advised that other than the pro-
cedures described above, no other means of discipline

existed therefore they are used exclusively.

III. NON-CIVIL SERVICE DEPARTMENTS

The two Michigan police departments not operating
under Civil Service jurisdiction, were selected arbitrarily

from a list of cities within the 25,000--50,000 population

52
range which was furnished by the Michigan Law Enforcement
Training Council.

Police department "C". Police Department "C"

 

is part of an integrated Police-Fire Public Safety Depart-
ment serving a city with a population of approximately
40,000. The Department's personnel number 76 sworn officers
and 6 civilian employees.

Disciplinary organization. The chief administrator

 

of the city government is a city manager. To aid him
in personnel matters there is a local Personnel Board
whose members are appointed by the City Council. By
ordinance the members of the Personnel Board must be
professional peOple in the community who hold managerial
positions in their respective fields of endeavor.

The Department of Public Safety is organized as
seen in Chart 3. The Department is administered by a
Director of Public Safety. The commander of the Oper-
ations Division is second in command of the Department.
All division commanders, platoon Lieutenants and patrol
Sergeants are authorized to issue formal (written) rep-
rimands, and suspend their subordinates from duty.

Written into the job descriptions of supervisory
positions is a provision which holds the supervisor di-
rectly responsible for the conduct of subordinates. Sanc-
tions may be applied if they are derelict in their

responsibility.

53

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Disciplinary procedures. The Department issues

 

each member a manual of rules and regulations governing
the conduct of all its members. Additions to, or changes
in this manual are issued from time to time. The General
Rules currently in effect are ones in which members of
the Department, of all ranks, participated in formulating.115
In pre-service training and in-service training,
and by means of instructions from all levels of super-
vision, these General Rules are interpreted. The Director
of Public Safety informed the author that several of the
Public Safety Officers, a rank equivalent to that of Pa-
trolman, had recently completed a 40 hour course in Super-
vision. He felt that this would broaden the perspective
of some of these personnel at the end of the chain of
command, and would be conducive to the development of
self-discipline on their part.
If a supervisor observes an infraction of the
General Rules by a subordinate officer, the offending
officer is advised that he is in violation and summary
disciplinary action may be taken by the superior officer.
The observation of an infraction on the part of a Public
Safety Officer by a ranking officer such as the Director
of Public Safety or the Captain in command of the Oper-

ations Division is normally referred to the offending

 

115Appendix D. Chapter V.

55
officer's immediate supervisor if it does not warrant a
dismissal, demotion, or suspension exceeding fifteen
days.

The offending officer is always informed of the
charge, in writing, and the disciplinary measure, cor-
rective or punitive, which will be forthcoming.

If there is a complaint against an officer by a
citizen, or superivisor officer has reason to believe
that behavior or performance of an officer falls under
the provisions of the General Rules, an investigation
is made. Normally the immediate supervisor is responsi-
ble for making the investigation but the Director may
appoint an pp ppp committee to conduct an inquiry. This
committee is usually headed by the Director of Public
Safety. The Captain of the Operations Division or a
Lieutenant, and an officer of the same rank as the of-
ficer under investigation comprise the remainder of the
committee.

In the absence of a committee, any summary dis-
ciplinary action may be appealed in writing to the Di-
rector through the appealing officer's commanding officer.116
Any member of the Department may make a final appeal to
the Personnel Board if Departmental disciplinary action

results in dismissal from the Department, a demotion in

 

116Ibid., Chapter V, Section V. 14.

56

rank, a suspension exceeding fifteen working days, or
unless the employee has received a previous suspension
within the previous six months.117 The Personnel Board
may reverse the Director's decision only by unanimous
action. A two-thirds vote may recommend review of the
disciplinary action by the appointing authority, the
city manager.

An example of how Department "C" handles its
disciplinary problems was provided to illustrate how its
procedures operate. A complaint was made to a member
of another police department regarding the conduct of
a member of Department "C", who in turn contacted the
Director of Department "C". A sergeant was assigned to
handle the investigation. When the complainant, a young
married woman, was interviewed she charged that the of-
ficer in question had attempted to force his attentions
upon her following a fraffic violation incident. The
officer attempted to make a date with her at that time.
He did not issue a citation for the traffic offense but
secured her phone number under the pretense of routine
procedure. He called her home later and again attempted
to make a date with her. The complainant made a tape re-
cording of her charge at the request of the investigating

officer.

 

117Ibid., Chapter XIX, Section 19.3.

57

The offending officer was called in and advised
that a complaint had been made against him and asked for
his side of the story. He denied all of the allegations
at first but after the tape recording was played he ad-
mitted certain portions were true. The admissions which
he made were sufficient to warrant his dismissal from
the Department and no appeal was made to the Personnel
Board. The Director informed the author that there had
never been an appeal made to the Personnel Board to his
knowledge.

The only exception to the use of the established
procedures indicated to the author concerned the dismissal
or suspension of an officer following a finding of neg-
ligence in an auto accident by the city's Accident Re-
view Board. This has been used to determine disciplinary
action instead of the procedures described above.

Police department "D". Police Department "D"

 

Operates in a city of approximately 32,000 peOple ac-
cording to census figures. It employs 34 sworn officers
and 8 civilian employees.

Disciplinary organization. The Department is

 

organized as graphically illustrated in Chart 4. The
city is governed by a Mayor-Council-City Manager form
of government with the City Manager as the chief admin-

istrative officer. The Chief of Police answers directly

58

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59
to him. All disciplinary actions other than oral rep-
rimands must be approved by the Chief befOre being imposed.
The responsibilities of supervisory officers and commanding
officers are clearly defined, among them the maintenance
118

of discipline.

Disciplinary procedures. Each member of the

 

Department is furnished with a Manual which describes
in detail what is expected in the way of personal conduct;
duty requirements; duties and responsibilities of the
various ranks; the Departmental organization; and the
functional responsibilities of each division of the
Department. This Manual is in the process of being re-
vised and put into a loose-leaf form in order to more
easily update amendments, changes, and specific instruc-
tions regarding orders.

If a supervisor observes misconduct covered by
the Manual he makes a recommendation concerning the matter
if he feels that the offense warrants a written reprimand,
suspension, forfeiture of pay, or dismissal. If there is
a charge made against an officer by either a superior or
a citizen which in the Chief's Opinion requires more facts,

the commanders of the Patrol Division and the Detective

 

118Appendix C. Duties and Responsibilities of
the Ranks and Departmental Organization.

60
Division are assigned to make an investigation and make
a written report to the Chief. The officer involved is
always informed of a charge or complaint made against
him.

If an officer feels he has been unfairly treated
he may appeal to the City Manager and then to a committee
composed of the Mayor, the City Attorney, and the Chief
of Police. Either of these levels of appeal may reverse
the Chief's decision.

The Chief indicated to the author that such ap—
peals were rare and in fact could not recall when the
last one was made. Even further, he stated that it was
rare that a disciplinary problem ever reached his level
and could not cite any Specific case. While all disci-
plinary actions are noted in each officer's personal
file, no statistics have been kept regarding the number
of times formal procedures have been invoked. Based on
this information the author must conclude that: (1) some
other means are used to maintain discipline; or, (2) there

are no discipline problems in this department.

IV. PROCEDURAL DIFFERENCES

Based upon the information received from the
Chiefs who were interviewed it appears that the differ-
ences which exist between the formal disciplinary pro-

cedures of police departments under Civil Service and

61
those not under Civil Service, are differences in degree
rather than in kind including a significant degree of
difference in the limitations on the authority or dis-
cretion of the chief administrator in disciplinary
actions.

For example, all of the departments studied
make some effort to communicate to their members what
is expected in terms of performance and conduct. Some
may be more effective in their efforts than others.

All of them, even Department B, which is in the midst of
reorganization under a new chief, do provide some in-
formation regarding behavior.

As previously stated the most significant dif-
ference which can be identified in comparing the two
systems, Civil Service and Non-Civil Service, is the
difference in the amount of authority which the Chief
of Police has and the discretion he may exercise within
that authority. Those Chiefs which Operate under the
jurisdication of Act 78 may exercise only that authority
SflhiCh a Civil Service Commission will permit if disci-
pilinary actions are appealed to the Commission. In
reality only the Civil Service Commission itself has
enithority in matters of dismissal, suspension or other
punitive disciplinary procedures. This is the case in

Departments A and B. Departments C and D are permitted

62
substantially more discretion within the framework of
city government. The Chief's decision may be appealed
but the power to reverse it is limited.

In the cases of C and D, the body which hears
the appeal is either appointed by the city government or
composed of members of the city government, as in the
case of Department D in which the Chief sits on the
appeal board. These appellate bodies are made up of
individuals who are responsibile to the city government
for their decisions.

The system under which A and B must operate
finds their Chiefs responsible for the administration
of their respective departments, but with limited au-
thority to fulfill his responsibility. This situation,
in theory, reduces the Chiefs to the status of "recom-
menders" rather than executives.

The authority of the Chiefs of Departments C

and D is also limited but in a different degree.

CHAPTER V
SUMMARY AND CONCLUSIONS
I. SUMMARY

There can be little doubt that the problem of
discipline is one which police administrators must con-
tend with. As a governmental administrator responsible
for police service he has both a duty and an opportunity
to make use of the resource of personnel in ways which
will in the most humane and efficient manner carry out
those programs and policies necessary to permit the
activities of the community to proceed in an orderly
and safe manner.

Discipline as a necessary aspect of personnel
management cannot be ignored. Neither can it be viewed
in its negative aspect alone. Large police departments
such as those evaluated by Bruce Young in his study have
developed elaborate systems and procedures for adminis-
tering discipline. Very little has been done to identify
the problems of small police departments such as the ones
described in this study.

The departments studied herein do have some for-
mal procedures for administering discipline. Some pro-
cedures are more sophisticated than others, but they are

better than no system at all.

64

II. EVALUATION OF PROCEDURES

The principles of discipline identified in
Chapter III serve as the criteria for evaluation of the

disciplinary procedures of the departments studied.

1. Communication. All four departments studied do pro-

 

vide their personnel with c0pies of Rules and Regulations
governing their performance and conduct. Some of these
may be dated but at least they are furnished. Some are
more comprehensive than others but in general the depart-
ment's procedures are consistent with the communication

principle.

2. Organization. All four departments have provided

 

their personnel with some information regarding the
organization of the department, specifically the chain

of command. Department A (a Civil Service department),
and Department C, (a Non-Civil Service department) pro-
vide specific information concerning the formal disci-
plinary procedures of the Departments whereas Departments

B and D do not.

3. Action. In all four departments if an infraction is
observed or a complaint is received some action is
initiated in which some type of investigation may be

made and the accused officer is permitted to present

65
his side of the issue before a final decision is rendered.
Neither the promptness of the action initiated
nor the objectivity of the investigation were amendable
to assessment through the research technique used by
the author. The only fact which could be identified

was that some investigation was made in some instances.

4. Record. All four departments studied advised the
author that all disciplinary actions, including investi-
gations in which the accused officer was exonerated, are
recorded in his personal file, however, none of the
departments keep any statistics regarding disciplinary

actions.

5. Consistenpy. With the exceptions indicated by De-

 

partments A and C, the Chiefs interviewed indicated that
the established formal procedures were used exclusively.
If this be true then all of the departments studied do

adhere to the consistency principle.

6. Authority. All disciplinary actions of Departments

 

A and B are subject to review by an authority outside
both the Department and the city government. The actions
of the Chief of Department C is subject to review only
if the action involves dismissal, demotion, a suSpension

in excess of fifteen days, or a second suspension within

66
a six month period. The reviewing body in this case is
not totally outside the framework of the city government
being appointed by the city council.

All decisions of the Chief of Department D are
subject to review by the City Manager and/or a board
composes of the Mayor, the City Attorney, and the Chief
himself. So while all his decisions are subject to re-

view, he is permitted to participate in their review.

III . CONCLUSIONS

After careful analysis of the data gathered in
the field research which appears in Chapter IV, the
author is of the opinion that in terms of the principles
of discipline which served as criteria for the evalua-
tion of the formal disciplinary procedures of police
departments Operating under civil service and those
Operating in its absence, the only differences which
exist are differences in degree rather than of kind.

In order to evaluate the procedures of the de-
partments studied in terms of degree would require a
more sophisticated instrument than the interview technique
used by this author. This technique relies solely upon
the information which the administrator interviewed

permitted the author to obtain.

67

Additional conclusions. There are some incon-

 

sistencies between the existing formal disciplinary pro-
cedures of the departments studied, and the principles
advocated by the authorities in Chapter II, Review of
the Literature. For example, as previously noted, none
of the departments studied keep any statistics on disci-
plinary action. It is very difficult to evaluate a de-
partment's discipline in terms of Wilson's statement:
"The best disciplined forces are the best trained and

therefore the least punished."119

The departments studied
simply do not compile data on any types of punitive actions.

Some observations. While authorities cited in

 

the literature reviewed in Chapter II speak of a positive
approach to discipline, and its relationship to morale,
the interviews conducted in the field research produced
only one reference to positive discipline, or better
yet, self-discipline. This occurred in the interview
with the Director of Department B in which he told of
putting his lowest ranking officers through a supervisory
course and he hOped a positive attitude towards discipline
would be the result.

A by-product of the interviews conducted which

is not included in Chapter IV, is that the departments

 

119Wilson, Police Administration pp. cit., p. 173.

 

68
studied are of a size that permits everyone to know each
member of the department personally. It would appear
that such an informal relationship could cover all levels
of rank and make it difficult for an objective investi-
gation to be made in a disciplinary matter without per-

sonal friendships or animosities entering in.
IV . RECOMMENDAT IONS

In view of the summary, evaluation, conclusions
and observations which have been made, the following

recommendations are offered.

1. Further study of the means for administering disci-
pline, formal and otherwise, used by police departments
which serve cities of approximately the same size as
those selected for this study, should be conducted.

A larger sample should be selected for study.
It is felt that more than four departments should be
selected, still using the variable of Civil Service.

A more sophisticated instrument should be de-
velOped for comparing and evaluating the two groups, and
more detailed research should be conducted in order to

more precisely identify variables.

2. If such a study indicates that Civil Service is in-
deed an obstacle to the administration of discipline

based on sound principles, the chiefs of the departments

69
affected should take steps, as a group, to have the

system modified or abolished.

3. It is recommended that the chiefs of all departments
of the size of those selected for this study, consider
designating one or more officers within their departments
as Internal Investigations Officers. These officers

would not conduct disciplinary investigations of a serious
nature within their own departments, but would be available
on an exchange basis with other police departments of
comparable size. Such an arrangement would not be overly
expensive and would assure a more objective investigation
in departments which are small enough to enable each mem-
ber of the department to personally know every other
member.

This is a recommendation that could be implemented
by agreement among the chiefs themselves. It is the
author's belief that such a system would be considerably
more palatable to the chiefs and their subordinates than
such devices as civilian review boards. This procedure

would be a more acceptable means of "policing the police."

BIBLIOGRAPHY

BIBLIOGRAPHY

A. BOOKS

Appley, Lawrence A. Management ip Action. New York:
Stratford Press, Inc., 1956.

 

Fosdick, Raymond B. American Police Systems. New York:
The Century Company, 1920.

Germann, A. C. Police Personnel Management. Springfield:
Charles (2 Thomas, 1963.

Hocking, William E. Morale and Its Enemies. New Haven:
Yale University Press, 1943.

 

International City Manager's Association: Municipal Police
Administration. Chicago: International City Man-
ager's Association, 1961.

 

 

Kenney, John P. Police Management Planning. Springfield:
Charles C Thomas, 1959.

 

Leonard, V. A. Police Organization and Management.
Brooklyn: The Foundation Press, 1951.

 

Miller, Arthur H. Leadership. New York: G. P. Putnam's
Sons, 1920.

 

Mooney, James D. The Principles p: Organization. New
York: Harper and Brothers, 1947.

 

 

Municipal Manpower Commission. Governmental Manpower for
Tomorrow's Cities. New York: McGraw-Hill Book Com-
pany, Inc., 1962.

 

 

Pennington, L. A., Romeyn B. Hough, Jr., and H. W. Case.
The Psychology p£.Military Leadership. New York:
Prentice Hall, Inc., 1943.

 

 

Phelps, Orme Wheelock. Discipline and Discharge ip the
Unionized Firm. Berkeley: UniverSity of CaIifor-
nia Press, 1959.

 

 

Pfiffner, John M., and Frank P. Sherwood. Administrative
Organization. Englewood Cliffs: Prentice-Hall,
Inc., 1966.

 

72

Pigors, Paul, and Charles A. Myers. Personnel Administra-
tion. New York: McGraw-Hill Book Company, Inc.,
1961.

Scott, Clifford L.,and Bill Garrett. Leadership For the

Police Supervisor. Springfield: Charles C Thomas,
1960.

 

Smith, Bruce. Police Systems ip the United States. Rev.
Bruce Smith, Jr. New York: Harper and Brothers,
1960.

 

Stessin, Lawrence. Employee Discipline. Washington: BNA
Incorporated, 1960.

. The Practice pp Personnel and Industrial Rpf
lations, A Casebook. New York: Pitman Publishing
Corporation, 1964.

 

 

 

Stahl, 0. Glenn. Public Personnel Administration. New
York: Harper and Brothers, 1956.

Wilson, 0. W. Police Administration. New York: McGraw-
Hill Book Company, Inc., 1963.

. Police Planning. Springfield: Charles C Thomas,
i962.

 

 

B. PUBLICATIONS OF THE GOVERNMENT,
LEARNED SOCIETIES AND
OTHER ORGANIZATIONS

The President's Commission on Law Enforcement and Administra-
tion of Justice. The Challenge p£_Crime ipja Free
Societ . Washington: Government Printing Office,
1967.

 

C. PERIODICALS

Davis, Keith. "Steps Towards a More Flexible Disciplinary
Policy5"2Personne1,38:52-56, May-June, 1961.

 

Gocke, B. W. "Morale in a Police Department," Journal pp
Criminal Law, Criminology, and Police Sc1ence, 36:
215-219, September-October, 1945.

 

 

 

73

Gourley, G. Douglas. "Police Discipline," Journal pp
Criminal Law, Criminology, and Police Sc1ence,
41:85-100, May-June, 1950.

 

D. ESSAYS AND ARTICLES IN COLLECTION

Andrews, Rex R. "A Discipline Check-List," Readin s ip
Police Sgpervision, Los Angeles: Los Ange es
State College Foundation, 1963.

 

Tead, Ordway. "The New Discipline," Readings ip Personnel
Administration. ed. Paul Pigors and Charles A.
Myers. New York: McGraw-Hill Book Company, Inc.,
1952.

 

 

E. UNPUBLISHED MATERIALS

Germann, A. C. "The Saginaw Study of Act 78, Public Acts
of 1935, Michigan State University, East Lansing,
Michigan, 1957.

Young, Bruce C. "An Evaluation of the Formal Disciplinary
Procedures of Three Metropolitan Police Departments
With A Recommended Procedure Guide," Unpublished
Master's Thesis, Michigan State University, East
Lansing, Michigan, 1963.

‘l-F”“‘
.

 

APPENDICES

APPENDIX A

INTERVIEW GUIDE

I. Communication
A. What means are utilized to inform personnel of
the Department what is expected of them.
B. Are provisions made to instruct members of the
Department in the observation of existing rules and

policies?

II. Organization
A. Is there a table of organization made available
to members of the Department in which the chain of
command is clearly discernible?
B. Are Departmental personnel informed of what for-

mal disciplinary procedures are used?

III. Action
A. Are personnel always informed immediately of a
charge or complaint made against them?
B. Is an investigation made in which the accused is

permitted to tell his side of the issue?

IV. Record
A. Are records of all disciplinary actions maintained,

including statistics?

V. Consistency

A. Are the established procedures used exclusively?

VI.

Authority
A. What decisions of the chief administrator are

subject to review and reversal?

77

APPENDIX B

ACT NO. 1g

PUBLIC ACTS pp 1935, STATE pg_MICHIGAN

 

 

CIVIL SERVICE FOR FIRE AND POLICE DEPARTMENTS

An Act to establish and provide a Board of Civil Service

Commissioners in cities, villages and municipalities hav-
ing full paid members in the fire and police departments;
to provide a civil service system based upon examination

and investigation as to merit, efficiency and fitness for
appointment, employment and promotion of all officers and
men appointed in said fire and police departments and re-
spective cities, villages and municipalities; to regulate
the transfer, reinstatement, suspension and discharge of

said officers, firemen and policemen: and to repeal all

acts and parts of acts inconsistent therewith.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Municipal Civil Service Commission: Creation.

Section 1. Within 30 days after this act shall
take effect there may be created a civil service commis-
sion in each city, village or municipality of any popula-
tion whatsoever having a fire and/or police department,
any of the members of which are full paid by said city,
village or municipality.

Municipal Civil Service Commissions: Members, Selection,
Terms: President.

 

Section 2. The civil service commission shall con-
sist of 3 members, 1 of whom shall be appointed by the
principal elected officer of the city, village or munici-
pality with the approval of the legislative body; and he
shall serve for a period of 6 years from the date of his
appointment. The second member of the commission shall
be selected by the paid members of the fire and/or police
department and he shall serve for a period of 6 years from
the date of his appointment. The second member of the com-
mission shall be selected by the paid members of the fire
and/or police department and he shall serve for a period
of 4 years from the date of his appointment; a majority
vote of the members of the fire and/or police department
shall be necessary to select such member. The third mem-
ber of the commission shall be selected by the aforesaid

80

members of the commission and he shall serve for a period
of 2 years from the date of his appointment. Thereafter
all appointments shall be made for a period of 6 years
each; each commissioner to serve until his successor is
appointed and qualified by the appointing power hereinbe-
fore designated..

The 3 members of the commission shall together
elect l of their number to act as president of the commis-
sion, who shall serve for 1 year. Each year thereafter
the commissioners shall elect 1 of their number president,
the member so elected to serve 1 year.

Municipal Civil Service Commissions: Qualifications, Eligie
bility to Other Office or Position.

 

Section 3. NO person shall be appointed a member
of said commission who is not a citizen of the United
States and who has not been a resident of said city, vil-
lage or municipality for a period of 1 year and an elector
of said county for a period of at least 3 years immediately
preceding such appointment. No commissioner shall hold any
other elective office, place or position under the United
States, State of Michigan, or any city, county or other
political subdivision thereof: nor shall any commissioner
serve on any political committee or take any active part in
the management of any political campaign. Not more than 2
of the said commissioners, at any 1 time, shall be adher-
ents of the same political party.

Same: Vacancies, Removal.

 

Section 4. In event that any commissioner of said
civil service commission shall cease to be a member there-
of by virtue of death, removal or other cause, a new com-
missioner shall be appointed to fill out the unexpired term
of said commissioner within 10 days after said commissioner
shall have ceased to be a member of said commission. Such
appointment shall be made by the officer or body who in the
first instance, appointed the commissioner who is no longer
a member of the commission. The mayor or principal execu-
tive officer shall at any time remove any commissioner for
incompetency, dereliction of duty, malfeasance in office or
any other good cause, which shall be stated in writing and
made a part of the records of the commission, and a COpy of
the removal shall be served on said commissioner forthwith:
Provided, however, that once the mayor or principal execu-
tive officer has to remove any commissioner, such removal
shall be temporary only and shall be in effect for a period

81

of 10 days. If at the end of said period of 10 days the
said commissioner shall fail to make answer thereto, he
shall be deemed removed, otherwise the mayor shall file

in the office of the clerk of the Circuit Court of said
county a petition setting forth in full the reason for

said removal and praying for the confirmation by said Cir-
cuit Court of the action of the mayor in so removing the
said commissioner. A copy of said petition, in writing,
shall be served upon the commissioner so removed simulta-
neously with its filing in the office of the clerk of the
Circuit Court and shall have precedence on the docket of
the said court and shall be heard by said court as soon as
the removed commissioner shall demand. All rights hereby
vested in said Circuit Court may be exercised by the judge
thereof during a vacation. In event that no term of court
is being held at the time of filing of said petition, and
the judge thereof cannot be reached in the county wherein
the petition was filed, said petition shall be heard at

the next succeeding term of said Circuit Court, whether
regular or special, and the commissioner so suspended shall
remain suspended until a hearing is had upon the petition
of the mayor. The court, or the judge thereof, in vacation,
shall be rendered, shall have the right of appearing in per-
son and by counsel and presenting his defense and to peti-
tion the Supreme Court for a review of the decision of the
Circuit Court, or the judge thereof in vacation, as in
Chancery cases. In event that the mayor shall fail to file
this petition in the office of the clerk of the Circuit
Court, as hereinbefore provided, within 10 days after re-
moval of said commissioner, such commissioner shall imme-
diately resume his position as a member of the civil service
commission.

Same:. Clerk.

 

Section 5. The city clerk or city recorder of any
city, village or municipality under the terms of this act
shall "ex officio" be clerk of the civil service commission
and shall supply to the commission without extra compensa-
tion all necessary clerical and stenographic services for
the work of the civil service commission.

Fire, Police Department Employees: Continuation In Office.

 

Section 6. For the benefit of the public service
and to prevent delay, injury, or interruption therein by
reason<xfthe enactment of this act, all persons holding a
position in the fire and/or police department, including
the chief thereof, when this act takes effect, who shall

82

have served in such position for a period of at least 6
months last past continuously, are hereby declared elig-
ible for permanent appointment under civil service to the
offices, places, positions or employments which they shall
then hold, respectively, without examination or other act
on their part, and not on probation: and every such per-
son is hereby automatically adOpted and inducted permanently
into civil service, into such office, place, position or
employment which such person then holds as completely and
effectually to all intents and purposes as if such person
had been permanently appointed thereto under civil service
after examination and investigation: Provided, however,
that any employee with less than 7 months' service shall
be classed as probationer under this act.

Same: Appointments, Promotions and Discharges to be in
Manner Prescribed in Act.

 

Section 7. On and after the date this act takes
effect, appointments to and promotions in all paid fire
and/or police departments of cities, villages or municipal-
ities of any pOpulation whatsoever shall be made only ac-
cording to qualifications and fitness to be ascertained by
examinations, which shall be competitive, and no person
shall be appointed, reinstated, promoted or discharged as
a paid member of said departments regardless of rank or
position, in any fire, or police department of any city,'
village or municipality in the State of Michigan, in any
manner or by any means other than those prescribed in this
act.

Commission: Assistance by Executive Officers, Supplies
and Printing.

 

Section 8. It shall be the duty of the mayor, or
principal executive officer, and heads of departments of
every city, village or municipality to aid the civil ser-
vice commission in all prOper ways in carrying out the
provisions of this act, and to allow the reasonable use of
public buildings and to cause suitable and convenient rooms
and accommodations to be assigned and provided, and to be
furnished, heated and lighted for carrying on the work and
examinations of the civil service commission and in all
proper ways to facilitate the same. The civil service com-
mission may order from the proper authorities the necessary
stationery, postage stamps, official seal and other arti-
cles to be supplied and the necessary printing to be done
for its official use.

83

Same: Rules and Regulations, Records, Investigetions,

RGEOI'tS .

Section 9. The civil service commission in each
city, village or municipality, within the terms of this
act, shall

 

First, Prescribe, amend and enforce rules and regu-
lations for carrying into effect the provisions of this act.
All rules so prepared may, from time to time, be added to,
amended or rescinded.

Second, Keep minutes of its own proceedings and
records of its examinations and other official actions.
All recommendations of applicants for office, received by
the said commission or by any officer having authority to
make appointments to office, shall be kept and preserved
for a period of 10 years, and all such records, recommenda-
tions of former employers accepted and all written causes
of removal filed with it, shall, subject to reasonable reg-
ulation be Open to public inspection. It shall keep a
roster of the members of the fire and police department,
together with a record of service. Military or naval ex-
perience, file statements on all matters relating to the
character and quality of the work done and the attitude of
the individual to his work and such other matters as may
have a bearing on promotion, transfer or discharge.

Third, Make investigations, either sitting in a
body or through a single commissioner, concerning all mat-
ters touching the enforcement and effect of the provisions
of this act, and the rules and regulations prescribed there-
under, concerning the action of any examiner or subordinate
of the commission, or any person in the public service in
respect to the execution of this act: and, in the course
of such investigation, each commissioner shall have the
power to administer oaths and affirmations, and to take
testimony.

Fourth, Have power to subpoena and require the at-
tendance of witnesses, and the production thereby of books
and papers pertinent to the investigations and inquiries
hereby authorized, and to examine them and such public rec-
ords as it shall require, in relation to any matter which
it has the authority to investigate. The fees of such wit-
nesses for attendance and travel shall be the same as for
witnesses before the Circuit Courts and shall be paid from
the appropriations for the incidental expenses of the com-
mission. All officers in the public service and their de-
puties, clerks, subordinates and employees shall attend and
testify when required to do so by said commission. Any

84

disobedience to, or neglect of, any subpoena issued by the
said commissioners, or any 1 of them, to any person, shall
be held in contempt of court, and shall be punished by the
Circuit Court, within the county in which the said subpoena
has been issued. Any judge of any of said courts shall,
upon the application of any 1 of said commissioners, in such
cases cause the process of said court to issue to compel
such person or persons, disobeying or neglecting any such
subpoena, to appear and give testimony before the said com-
missioners: any 1 of them shall have power to punish any
such contempt.

Fifth, Make an annual report to the mayor or prin-
cipal executive officer showing its own action, and rules
and regulations and all exceptions thereto in force and the
practical effects thereof, and any suggestions it may ap-
prove for the more effectual accomplishments of the purpose
of this act. Such reports shall be available for public
inspection 5 days after the same shall have been delivered
to the mayor or principal executive officer of any city,
village or municipality.

The Pe0ple of the State of Michigan Enact:

 

Section 10. (a) The civil service commission, in
each city, Village or municipality shall require persons
applying for admission to any examination provided for under
this act or under the rules and regulations of the said
commission, to file in its office, within a reasonable time
prior to the proposed examination, a formal application in
which the applicant shall state under oath or affirmation:

First, His full name, residence and post office
address.

Second, His citizenship, age and the place and date
of his birth.

Third, His health, and his physical capacity for
public service.

Fourth, His business and employments and residence
for at least 3 years previous; he must have been a resident
of said city, village or municipality for at least 1 year
immediately preceding his application. The commission
shall establish educational requirements but in no case
shall the requirements call for less than an eighth grade
education. After his acceptance by the civil service com-
missions, the applicant shall be governed as to residence
by the provisions of any city or village charter.

85

Fifth, Such other information as may reasonably be
required, touching the applicant's qualifications and fit—
ness for the public service.

(b) Blank forms for such applications shall be fur-
nished by the said commission, without charge to all per—
sons requesting same. Said commission may require in con-
nection with such application such certificate of citizens,
physicians or others, having knowledge of the applicant as
the good of the service may require. The said commission
may refuse to examine an applicant, or after examination,
to certify as eligible, one who is found to lack any of the
established preliminary requirements for the examination of
position or employment for which he applied; or who is phy-
sically so disabled as to be rendered unfit for the perfor-
mance of the duties of the position to which he seeks
appointment; or who is addicted to the habitual use of
intoxicating liquors or drugs; or who may have been guilty
of any crime, or infamous or notoriously disgraceful con-
duct; or who has been dismissed from the public service for
delinquency or misconduct; or who has made a false state-
ment of any material fact, or practiced or attempted to
practice any deception or fraud in his application, in his
examination, or in securing his eligibility; or who refuses
to comply with the rules and regulations of the commission.
If any applicant feels himself aggrieved by the action of
the commission in refusing to examine him, or after an
examination, to certify him as an eligible, as provided in
this section, the commission shall, at the request of such
applicant, appoint a time and a place for a public hearing;
at which time such applicant may appear, by himself or
counsel, or both, and the commission shall then review its
refusal to make such examination or certifications, and
testimony shall be taken. The commission shall subpoena,
at the expense of the applicant, any competent witnesses
requested by him. After such review, the commission shall
file the testimony taken, in its records and shall again
make a decision, which decision shall be final.

(c) All applicants for any position in the fire or
police department shall undergo a physical examination
which shall be conducted under the supervision of a commis-
sion composed of 2 doctors of medicine appointed for the
commission by the mayor or principal executive officer of
the city, village or municipality. Said commission shall
certify that an applicant is free from any bodily or mental
defects, deformity or diseases that might incapacitate him
from the performance of the duties of the position desired
before said applicant shall be permitted to take further
examinations. No applications will be received if the per-
son applying is less than 21 years of age or more than 31

86

years of age at the date of his application, for a period

of more than 10 years, and has resigned from the depart-
ment at a time when there were no charges of misconduct or
other misfeasance pending against such applicant, within

a period of 2 years next preceding the date of his appli-
cation, and is a resident of the city, village or munici-
pality or the area authorized by city charter, then such
person shall be eligible for reinstatement in the discretion
of a civil service commission, even though such applicant
shall be over the age of 31 years. Such applicant, provid-
ing his former term of service so justifies, may be reap-
pointed to the fire or police department, without examination
other than a physical examination; if such person shall be
reinstated to the fire or police department, he shall be

the lowest in rank in the department next above the proba-
tioners of the department.

Civil Service Examinations:

 

Section 11. (a) The civil service commission in
each city, village or municipality, shall make rules and
regulations providing for examinations of positions in the
paid fire or police departments in each city, village or
municipality under this act, for appointments, and for such
other matters as are necessary to carry out the purposes of
this act. The minimum passing grade for any examination
shall be at least 70%. Due notice of the contents of such
rules and regulations and of any modifications thereof
shall be given by mail in due season, to appointing offi-
cers affected thereby, and said rules and regulations and
modifications thereof shall also be printed for public dis-
tribution. All original appointments to any positions in
the fire or police departments, within the terms of this
act, shall be for a probationary period of 6 months; provided,
however, that at any time during the probationary period the
appointee may be dismissed for such cause, in the manner
provided in this act. If at the close of this probationary
term, the conduct or capacity of the probationer has not
been.satisfactory, to the appointing officer, the probationer
shall be notified, in writing, that he will not receive
permanent appointment, whereupon his employment shall cease;
otherwise his retention in the service shall be equivalent
to his final appointment: Provided, however, that the pro—
bationer shall be entitled to a hearing before the commission
as provided in Section 14.

(b) Every position, unless filled by reinstatement,
shall be filled only in the following manner: The appoint-
ing Officer shall notify the civil service commission of
any vacancy in the service which he desires to fill, and

87

shall request the certification of eligibles. The com-
mission shall forthwith certify from the eligible list,
the name of the person who received the highest average

at preceding examinations held under the provisions of
this act within a period of 2 years next preceding the
date of such appointment. The appointing officer shall
thereupon, with sole reference to the relative merit and
fitness of the candidate, make the appointment so certi-
fied. As each subsequent vacancy occurs, precisely the
same procedure shall be followed. When an appointment is
made under the provisions of this section, it shall be, in
the first instance for the probationary period of 6 months,
as provided in this act. The term "appointing officer" as
used in this act shall be construed to mean the mayor or
principal administrative or executive officer in any city,
village or municipality.

(c) Whenever there are urgent reasons for filling
a vacancy in any position in the fire or police department
and there is no list of persons eligible for appointment
the appointing Officer may nominate a person to the civil
service commission for a non-competitive examination; and
if such nominee shall be certified by the said commission
as qualified, after such non-competitive examination, he
may be appointed temporarily, to fill such vacancy until
a selection and appointment can be made after a competitive
examination, and in the manner prescribed in.this act; but
such temporary appointment shall not continue for a longer
period than 3 months, nor shall successive temporary ap-
pointments be made to the same position, under this pro-
vision. In the event of an emergency due to a war in which
our country is involved, the civil service commission may
make temporary appointments to fill vacancies, when appoint-
ments cannot be made under the provisions of this act, such
appointments to be temporary, and only during hostilities,
and 6 months thereafter.

(d) In event any position as an electrician, mechanic,
radio engineer, fire inspector or fire alarm operator is to
be filled upon a paid fire or police department, then the
examination to be given to applicants for either the positions
of electricians, mechanics, radio engineers, fire inspectors
or fire alarm Operators shall be so drawn as to test only
the qualifications of such applicants in regard to their
ability as an electrician, mechanic, radio engineer, fire
inspector or fire alarm operator, such examinations to be
special examinations.

88

Content of Examinations: Notice: Fire, Police Department
PromotiOns.

 

Section 12. (a) All examinations for positions
shall be practical in their character and shall relate to
such matters, and include such inquiries, as will fairly
and fully test the comparative merit and fitness of the
persons examined to discharge the duties of the employment
sought by them. All examinations shall be open to all ap-
plicants who have fulfilled the preliminary requirements,
stated in other sections of this act. Notice of the time
and place and purpose of every examinations shall be given
by the commission by publication for 2 weeks preceding such
examination in the official paper of the city, village or
municipality and such notice shall be posted by the commis-
sion in a conspicuous place in the office and on the bulle-
tin boards of the city, village or municipality, for 2 weeks
before such examination. Such further notice of examinations
may be given as the commission shall prescribe: Provided,
that in an examination for a promotion, no newspaper adver-
tisement shall be required. The said commission shall adOpt
reasonable regulations for permitting the presence of rep-
resentatives of the press at the examination. The commission
shall post, in a public place at its office, the eligible
list, containing the names and grades of those who have
passed examinations for positions or promotions in fire and
police departments, under this act, and shall indicate there-
on such appointments as may be made from said list. No ques-
tion in any form of application or in any examination shall
be so framed as to elicit information concerning the politi-
cal or religious opinions or affiliations; and all disclosures
thereof shall be discountenanced. No discrimination shall
be exercised, threatened, or promised by any person in the
fire or police department against, or in favor of an eligible
applicant or employee in fire or police departments under
this act because of his political or religious Opinions or
affiliations. ‘

(b) Vacancies in positions in the fire and/or police
department above the rank of fireman or patrolman shall be
competitive and filled by promotions from among persons hold-
ing positions in the next lower rank in the departments, who
have completed 2 years in such rank and at least 5 years in
the department; Provided, however, if no person or persons
have completed 2 years in the next lower rank, the commission
may hold examinations among persons in such rank as to all
intent and purposes as though 2 years of service had been
completed by such persons. Promotions shall be based upon
merit to be ascertained by tests to be provided by the civil
service commission and upon the superior qualifications of
the persons promoted as shown by his previous service and

89

experience. In the event of only 1 person in the next

lower rank, person or persons in the second lower rank

may compete for the vacancy, if such person or persons

have completed at least 5 years in the department. When-
ever a position becomes vacant for which examinations are
held, the appointing power shall make requisition upon the
commission for the name of the person eligible for appoint-
ment thereto. The commission shall certify the name of the
person highest on the eligible list at preceding examina-
tions held under the provisions of this act within a period
of 2 years preceding the data of such appointment for the
class to which the vacant position has been allocated, who
is willing to accept employment. If more than 1 Vacancy is
to be filled an additional name shall be certified for each
additional vacancy. The appointing power shall forthwith
appoint such person to such position. To enable the appoint-
ing power to exercise a choice in the filling of positions
of promotion in the fire or police service, no promotion
shall be deemed complete until after the expiration of a
period of 6 months probationary service, and if at the end
of the probationary period, the appointing authority finds
that the conduct or capacity of the probationer has not been
satisfactory, the appointing authority shall notify the pro-
bationer and the commission in writing, that he will not
receive regular employment in the higher position he shall
resume the duties of his former position, and the appointing
power shall be entitled to another certificaion of eligibles
in accordance with the provisions of this act.

Reduction of Pay: Suspensions and Discharges.

 

Section 13. NO person shall be reduced in pay or position,
laid off, suspended, discharged or otherwise discriminated
against by any appointing officer for religious or politi-
cal reasons or affiliations. In all cases of reduction,
layoff, or suspension of an employee or subordinate, whether
appointed, for a definite term or otherwise, the appointing
authority shall furnish such employees or subordinate with

a copy of reasons for layoff, reduction, or suspension and
his reasons for the same, and give such employee or subordi-
nate a reasonable time in which to make a file and explana-
tion. Such order together with the explanation, if any, of
the subordinate shall be filed with the commission; Provided,
However, That the employee or subordinate shall be entitled
to a hearing before the commission as provided in Section
14. Nothing in this act contained shall limit the power of
an appointing officer to suspend without pay, for purposes
of discipline, an employee or subordinate for a reasonable
period not exceeding 30 days; Provided, however, That suc-
cessive_suspensions shall not be allowed, and after such

90

suspension, employees shall be entitled to a hearing as
provided for in this section and in section 14: And pro-
vided, further, that the provisions of this act shall not
apply to temporary and exceptional appointments made under
the authority of this act.

Tenure, Dependent on Good Behavior, Efficient Service, Right
to Public Hearing BéfOre Discharge, Suspension, Loss of
Privileges: Burden of Proof: Appeal: Right to Counsel.
Suspension fOr Sake of Economy.

 

 

 

Section 14. The tenure of every one holding an
office, place, position or employment under the provisions
of this act shall be only during good behavior and efficient
service; and any such person may be removed or discharged,
suspended without pay, deprived of vacation privileges or
other special privileges, by the civil service commission,
for incompetency, inefficiency, dishonesty, drunkenness,
immoral conduct, insubordination, discourteous treatment
to the public, neglect of duty, violation of the provisions
of this act or the rules of the commission, or any other
failure of good behavior, or any other acts of misfeasance,
malfeasance or nonfeasance in office; Provided, however,

No member of any fire or police department within the terms
of this act shall be removed, discharged, reduced in rank

or pay, suspended or otherwise punished except for cause,
and in no event until he shall have been furnished with a
written statement of the charges and the reasons for such
actions, and all charges shall be void unless filed within
90 days of the date of the violation, except in the case

of a probationer, whose viOlations may accumulate for the
probationary period. In every case of charges having been
made a copy of the statement of reasons therefore and answer
thereto, if the person sought to be removed desires to file
such written answer, shall be furnished to the civil service
commission and entered upon its records. Such answer shall
be filed by the member within 5 days after service of the
charges upon him. Ifthezperson sought to be removed or re-
duced shall demand it, the civil service commission shall
grant him a public hearing, which hearing shall be held
within a period of 10 days from the filing of the charges

in writing and a written answer thereto. Pending the period
between the making of the charges as a basis for removal and
the decision thereon by the commission the member shall re-
main in office. At such hearing the burden shall be upon.
the removing officer to justify his action. In event that
the removing officer fails to make charges to the satisfac-
tion of a member or members of a fire or police department
in a city, village or municipality, such members of a fire
or police department in a city, village or municipality,

91

such member or members of.a fire or police department may
present the information to the civil service commission.

In event that the civil service commission fails to justify
the action of the removing officer then the person sought
to be removed shall be reinstated with full pay for the en—
tire period during which he may have been prevented from
performing his usual employment, and no charges shall be
officially recorded against his record. A written record
of all testimony taken at such hearing shall be kept and
preserved by the civil service commission, which record
shall be sealed and not be available for public inspection.
In event that no appeal shall be taken from the action of
the commission. In event that the civil service commission
shall sustain the action of the removing officer the person
removed shall have an immediate right to an appeal to the
circuit court of the county wherein the city, village or
municipality is situated. Said appeal shall be taken with-
in 90 days from the entry from the civil service commission
of its final order; upon such appeal being taken and dock-
eted with the clerk of the circuit court of said county,
the circuit court shall proceed to hear the appeal upon the
original record taken therein and no additional proof shall
be permitted to be introduced. The circuit court's deci-
sion shall be final, saving the employee, however, the right
to petition the supreme court for a review of the court's
decision. The removing officer and the person sought to be
removed shall at all times, both before the civil service
commission and upon appeal, be given the right to employ
counsel to represent either of them before said civil ser-
vice commission and upon appeal; should the person removed
elect to appeal to the circuit court as hereinfore provided.

If for any reasons of economy it shall be deemed
necessary by any city, village, or municipality to reduce
the number of paid members of any fire or police department,
then said municipality shall follow the following procedure:

Such removals shall be accomplished by suspending
in numerical order commencing with the last man appointed
to the fire or police department, all recent appointees to
said fire or police department until such reductions shall
have been accomplished: Provided, further, however, that
in event duasaid fire or police department shall again be
increased in numbers to the strength existing prior to such
reductions of members the said firemen or policemen sus-
pended last under the terms of this act shall be first re-
instated before any new appointments to said fire or police
department shall be made.

92

Misdemeanors.

 

Section 15. Any commissioner or examiner, or, any
other person who shall willfully, by himself or in COOpera-
tion with one or more persons, defeat, deceive or obstruct
any person in respect to his right of examination or regis-
tration according to this act, or to any rules or regula—
tions prescribed pursuant thereto, or who shall willfully
or corruptly, falsely, mark, grade, estimate or report upon
the examination or prOper standing of any person examined,
registered or certified, or to be examined, registered or
who shall impersonate any other person, or permit or aid
in any manner any other person to impersonate him in con-
nection with any examination or registration, or application
or request to be examined or registered, shall, for each
offense be deemed guilty of misdemeanor.

Wropgful Appointment, Other Violations of Act: Penalpy.

Section 16. Whoever makes an appointment to office,
or selects a person for employment contrary to the provisions
of this act, or willfully refuses or neglects otherwise to
comply with, or conform to, any of the provisions of this
act, or violates any of such provisions, shall be deemed
guilty of a misdemeanor. Misdemeanors under the provisions
of this act shall be punishable by a fine of not less than
$100.00, nor more than $1,000.00, or by imprisonment in state
prison for a term not exceeding 2 years, or by both fine and
imprisonment, in the discretion of the court.

Definitions.

 

Section 17. As used in this act, the following men-
tioned terms shall have the following described meanings:

The term "commission" means the civil service com-
mission herein created, and the term "commissioner" means
any 1 of the 3 commissioners of that commission. The term
"appointing power" includes every person or group of per-
sons who, acting singly or in conjunction, as a mayor, city
manager, council, common council, commission, or otherwise,
is or are vested by law with power and authority to select,
appoint, or employ any person to hold any office, place,
position or employment subject to civil service.

The term "appointment" includes all means of selec-
tion, promotion, appointing or employing any person to hold
any office, place, or position of employment subject to
civil service.

g:

The term "city" includes all cities, villages and
municipalities having a full paid fire and/or police de-
partment or a fire or police department having paid members.
The term "full paid fire and/or police department or fire
or police department having paid members" means a fire or
police department the officers, firemen and policement em—
ployed in which are paid regularly by the city and devote
their whole time to fire fighting and law enforcement.

The term "member" shall be construed as meaning
both the male and female sex.

The term "municipality shall be construed to include

townships, charter townships, cities and incorporated
villages.

Referendum.

 

Section 17a. The foregoing provisions of this act
shall not take effect in any city, village or municipality
until approved by a majority of the electors voting there-
on at an election at which the question of adoption of this
act for that city, village or municipality is prOperly
submitted.

The governing body of any city, village or munici-
pality may by resolution submit the same to the electors
of such city, village or municipality at any regular or
special election: Provided, that the governing body of
any city, village or municipality shall be resolution sub-
mit the same to the electors of such city, village or muni-
cipality at any regular or special election on the filing
of a petition requesting such submission with said govern-
ing body signed in accordance with the provisions of the
city, village or municipal charter for referendums on ordi-
nances; Provided, that if there be no provisions in such
city, village of municipal charter governing the submission
of ordinances by referendum petition, then such petition
signed by 10 per cent of the registered voters in such city,
village or municipality.

The form of ballot shall be:

Shall Act No. 78 of the Public Acts of 1935, en-
titled as amended "An act to establish and provide a board
of civil service commissioners in cities, villages and
municipalities having full paid members in the fire and
police departments; to provide a civil service system based
upon examination and investigation as to merit, efficiency
and fitness for appointment, employment and promotion of

94

all Officers and men appointed in said fire and police de-
partments and respective cities, villages and municipali-
ties: to regulate the transfer, reinstatement, suspension
and discharge of said officers, firemen and policemen; and
to repeal all acts and parts of acts inconsistent there—
with," as amended, be adopted?

Yes ( )
No ( )

Such ballots shall be cast and canvassed and the
result of the election certified in the same manner as
ballots on any question submitted to the electors of such
city, village or municipality. If the majority of the
qualified electors of such city, village or municipality
vote in favor of the adoption of this act, then the provi-
sions thereof shall be in full force and effect in such
city, village or municipality and not otherwise.

Referendum as to Rescission and Repeal of Act.

 

Section 18. The foregoing provisions of this act
shall continue in full force and effect in any city, vil-
lage or municipality at which it has been properly adopted
until rescinded and repealed by a majority of the electors
voting thereon at an election at which the question of re-
scission and repeal of this act for that city, village or
municipality is prOperly submitted.

The governing body of any city, village or munici-
pality may by resolution submit the question of rescission
and repeal of this act as it relates to the fire department
and/or police department to the electors of said city, vil-
lage or municipality at any regular or special election.

The form of ballot shall be:

"Shall Act No. 78 of the Public Acts of 1935, en—
titled as amended 'An act to establish and provide a board
of civil service commissioners in cities, villages and
municipalities having full paid members in the fire and/or
police departments; to provide a civil service system based
upon examination and investigation as to merit, efficiency
and fitness for appointment, employment and promotion of
all officers and men appointed in said fire and police de-
partments and respective cities, villages and municipalities;
to regulate the transfer, reinstatement, suspension and
discharge of said officers, firemen and policemen; and to
repeal all acts and parts of acts inconsistent therewith,‘

95

as amended, be rescinded and repealed as it related to the
fire department and/or police department?"

Yes ( )

No ( )

Such ballots shall be cast and canvassed and the
results of the election certified in the same manner as
ballots on any question submitted to the electors of such
city, village or municipality. If the majority of the
qualified electors of such city, village or municipality
vote in favor of the recission of this act, then the provi-
sions thereof shall be rescinded and repealed in such
city, village or municipality, and not otherwise.

 

APPENDIX C

RULES OF THE DIVISION OF POEfiSE
HIGHLAND PARK, MICHIGAN

CHAPTER I.

Organization and Membership

SECTION I. The Police and Fire Commission has general con-
trol and management of the Division of Police under the
provisions of the Charter of the City of Highland Park.

The Rules hereby enacted, insofar as they may be applicable,
shall govern the conduct of all Members of the Department
whether they are on or off duty.

SECTION II. The Division of Police shall include:
1. Members of the Police Force
(a) Regular members
2. Special Police
3. School Crossing Officer
4. Civilian Employees

SECTION III. The Police Force shall consist of the Chief
of Police, and such.number of Captains, Lieutenants, Ser-
geants, and Policement as the Council of the City shall
authorize and the Commission shall appoint. The function
of the Police Force is to enforce the penal laws of the
State of Michigan within the corporate limits of the City;
the penal provisions of the City Charter and to suppress
all riots, disturbances and breaches of the peace, and to
promote law observance. (Amended 3—22-45, as above)

SECTION IV. There shall be the following subdivisions and
Bureaus in the Division of Police of the City of Highland
Park:

Patrol Division

Detective Bureau

Traffic Bureau

Weights and Measures Bureau

Policewomen

U'thJNH
O 0

SECTION V. The Word "Commission" as used herein shall mean
"Police and Fire Commission;" "Division" shall mean "Divi-
sion of Police;" "Force" shall mean "Police Force;" and
"Chief" shall mean "Chief of Police;" “Officer" shall mean
above that of patrolman.

 

120This information was obtained from the Highland
Park, Michigan Police Department through the courtesy of
Captain Edmund Usher.

98

CHAPTER II.

Chief of Police

SECTION I. The Chief of Police shall be the executive
head of the Division of Police and shall be the command-
ing officer of the Police Force. He shall devote his
entire time to the discharge of the duties of his office.
All assignments to the various duties within the Division
shall be made by the Chief, by and with the consent and
approval of the Commission. The Chief shall be respon-
sible for the enforcement of these rules. (As amended
2-7-38)

SECTION II. He shall make a monthly report to the Commis-
sion of the work performed by the Division during the pre-
ceding month.

SECTION III. In case of injury to any Member or Employee
of the Division and in case of any accident wherein any
of the Police cars are involved the Chief shall send a
written report with all known facts to the City Attorney
and to the Commission at its next regular meeting.

SECTION IV. In the absence or disability of the Chief, the
next Senior Officer in rank shall assume the duties and
responsibilities of the Chief. Such Officer while acting
as Chief shall not countermand the orders of the Chief
without written permission from the Commission.

SECTION V. The Chief of Police shall provide and maintain
a school for the instruction of Members and prospective
Members of the Force. He shall provide for target practice
by Members of the Force.

CHAPTER III.

Captain

SECTION I. A Captain shall assume the responsibility of
the various executive details of the Division as shall be
authorized by the Chief of Police.

SECTION II. It shall be the duty of a Captain to promptly
report to the Chief any violation of the Police Rules.

SECTION III. A Captain shall at least once a month in-
spect or cause to be inspected the personal dress and equip-
ment of each Member of his Command.

99

SECTION IV. A Captain shall at regular periods make in-
spections of beats, districts and assigned posts and per-
sonally observe the manner in which subordinates are
performing their duties.

SECTION V. A Captain shall also cause to be assigned Mem-
bers of a Platoon to regular beats, districts or other
assigned duties.

SECTION VI. A Captain shall frequently test the knowledge
of the Members of his Command as to the condition upon
their beats, districts or assignments, as to the persons
residing or doing business there and the nature of the
business that is being transacted.

SECTION VII. A Captain shall have supervision of patrol
drivers, Members of the Uniform Force and also persons
assigned to care and maintenance of police cars.

SECTION VIII. A Captain shall be responsible for the con-
dition of the Station House, its fixtures and equipment
and shall be accountable for all supplies and replacements
purchased for the use of the Division.

SECTION IX. It shall be a Captain's duty to cause Proba-
tionary Patrolmen to be distributed among the various
platoons and to cause the Police Duty performed by such
Probationary Patrolmen to be observed and a written report
made monthly to the Chief.

SECTION X. A Captain shall have supervision of Special
Officers on school crossings.

CHAPTER IV.

Lieutenants

SECTION I. Lieutenants of the Patrol Division shall, dur-
ing their period Of duty, inspect all platoons before they
go on Patrol or other duty and shall see that they are
properly uniformed and equipped. They shall note all ab-
sentees, communicate all necessary information, and require
their respective sergeants to carefully read and explain
all orders to Members of their Platoons.

SECTION II. They shall keep a written record of all police
business during their period of duty.

SECTION III. They shall without delay refer to the Detec-
tive Bureau all matters of arrests for police authorities
outside of the City.

 

100

SECTION IV. When any violations of law are committed
during their period of duty, they shall immediately re-
port the same to the prOper Bureau or Division, together
with all facts in their possession.

SECTION V. Lieutenants shall be held responsible for the
treatment received by prisoners while in the station.
They shall at least once every thirty minutes visit or
cause to be visited all prisoners in their care.

SECTION VI. When crimes are committed under circumstances
which indicate that it might have been prevented by the
Patrolman on the beat, the Lieutenant shall immediately
assign the patrol Sergeant to investigate and report whether
there was neglect on the part of the Patrolman in not dis-
covering or preventing it.

SECTION VII. Lieutenants shall take charge of and be held
responsible for the safekeeping of all prOperty turned

over to them by Members of the Division, as well as all
property taken from prisoners, until same is turned over

to property clerk. Property turned over to them by Members
of the Division shall be promptly inventoried. Prisoners
personal property shall be placed in enve10pes provided for
the purpose and receipt given for same, which shall be taken
up when the prOperty is returned to the prisoner. They
shall see that the prisoners examine their property and re-
ceipt for same. Should prisoners claim discrepancies in
money, valuables or property returned to them, the Chief

of Police shall be at once notified.

SECTION VIII. Lieutenants shall see that all complaints

by citizens either by telephone or in person are courteously
received, prOperly recorded and immediately assigned to the
Division of Bureau designated to handle such matters pecu-
liar to each case.

SECTION IX. Lieutenants shall not permit the con-
finement in a cell of unconscious prisoners. They shall
cause their removal to the hospital under guard.

SECTION X. They shall not permit canvassers and salesmen
to solicit members of the Force in Station House.

SECTION XI. They shall not permit solicitation of prisoners
by attorneys or their representatives.

SECTION XII. They shall not permit anyone to personally
interview a prisoner charged with, or held for investiga-
tion of a felony, or as a fugitive for another Department,
except the following:

101

Superior Officers

Members of the Detective Bureau

City Attorney

City Physician

Prisoners' attorney, friends and relatives upon
request, providing it is in each case with the

consent of the Chief or the Commanding Officer

in charge of the Detective Bureau.

mwai—a
O O 0

SECTION XIII. In cases where prisoners are held on a charge
amounting to a misdemeanor, every reasonable courtesy shall
be allowed them to receive visitors and notify friends im-
mediately of their detention by telephone.

SECTION XIV. Lieutenants, in all cases on occasions of
arrest made solely by Officers of this Department of any
person charged with, or wanted for, investigation for a
major crime, shall hold such prisoner in custody for the
Detective Bureau and shall turn them over to other Police
Departments only by and with the consent of the Commanding
Officer of the Detective Bureau or the Chief of Police.
When arrests are made at the direction of officers of
other Police Departments and such officers personally par-
ticipate in the arrest, the prisoner may be turned over to
other Police Departments immediately.

In cases of arrest for misdemeanors when there is
no apparent evidence of the prisoner being wanted by this
Department for a similar crime, a turnover as a fugitive
prisoner may be made to other Police Departments or Peace
Officers without further investigation.

CHAPTER V.

Sergeants

SECTION I. Sergeants of the Patrol Division are charged
with exacting the proper performance Of Patrol and other
Police Duty by Members of their platoon.

SECTION II. They shall note and promptly report any mis-
conduct or violation of the rules and regulations on the
part of any subordinate.

SECTION III. They shall instruct and assist the Patrolmen
under their supervision in the prOper performance of their
duties.

SECTION IV. They are strictly enjoined at all times to
require from their subordinates a proper attitude of re-
spect and obedience.

 

102

SECTION V. They shall set an example for their subordinates
in sobriety, discretion, skill, industry and the observance
of prOper discipline, and Shall at all times appear neatly
attired, clean in person and equipment.

SECTION VI. If a Patrolman cannot be found on his beat,
they shall notify their Commanding Officer and follow his
instructions.

SECTION VII. They shall daily record in their memorandum
book the manner in which their Patrolmen perform their
duties; the time and place of meeting each Patrolman; and
such other matters as are required by the rules and by the
Chief. A COpy of such record shall be filed with their
respective Lieutenants at the expiration of their period
of duty.

CHAPTER VI .

Patrol Division

SECTION I. This Division shall be composed of the Uniformed
Members of the Force. The function of its Members shall be
to patrol the various beats and districts of the City and

to perform other assigned police duties.

SECTION II. Patrolmen shall proceed to their designated
beats or districts along the prescribed routes and shall
as soon as possible inspect their beats. They shall be
constantly alert--observe everything within their signt
and hearing--and shall note any conditions thereon requir-
ing police attention and take immediate action.

SECTION III. The members of this Division shall familiarize
themselves with the location of fire and police signal boxes
on their respective beats.

SECTION IV. They shall report to their Commanding Officer
whenever they have reasonable grounds to suspect that any
building is being used in violation of the law.

SECTION V. They shall not leave their beat, except in line
of duty or upon permission from a Superior Officer or until
they are relieved.

SECTION VI. While on patrol at night, Patrolmen shall fre-
quently examine all doors, low windows and areaways of
buildings on their beats. Should they find any such places
left open, they shall securely fasten them and cause

 

103

information of the fact to be conveyed to the Police Sta-
tion without delay. They shall take proper precaution to
discover whether any person has illegally effected an en-
trance to same, and take appropriate action. Patrolmen
shall endeavor to become acquainted by sight with all per-
sons living or doing business on their beats; learn the
time of closing of business places, where lights are ordi-
narily left burning and the location of safes.

SECTION VII. They shall immediately report to their Lieu-
tenant all unlighted streets, traffic and safety zone
lights, and note same in their memorandum books, together
with time and location.

SECTION VIII. They shall note the opening of all new
places of business on their beats for which licenses are
required, and report the same to their superior officer
and record all information in regards to same in their
memorandum book.

SECTION IX. (Missing).

SECTION X. They must not use their batons or revolvers,
except in urgent cases of self-defense or for necessary
enforcement of authority.

SECTION XI. They shall strictly watch the conduct of all
persons of known bad character and note the time such
persons frequent their beat. They shall investigate all
suspicious circumstances that may present themselves, such
as automobiles standing on their beat with motor running,
or passing over their beat without lights burning; persons
passing late at night with bundles, or persons loitering
about or acting in a suspicious manner.

SECTION XII. Patrolmen when on patrol shall report to the
station house, and at stated signal boxes at designated
periods.

SECTION XIII. They shall obtain the names of all witnesses
in case of crimes and in accidents evidencing crime.

SECTION XIV. Proper action will be taken against any Patrol-
man who shall through neglect of duty, fail to discover,
report and take appropriate action in the cases of homicide,
burglary, accident, fire, serious breach of the peace, vio-
lation of City Ordinances, or other action or condition on
his beat requiring police attention, during his tour of

duty, or who shall neglect to take proper measures to arrest
any person guilty of such offenses.

104
CHAPTER VII.

Detective Bureau

SECTION I. The Commanding Officer of the Detective Bureau
is particularly charged with the prevention of crime, the
detection and arrest of criminals, the location of missing
persons, the recovery of lost and stolen property, the com-
pilation and comparison of criminal records, the taking of
finger prints and photographs of criminals, proper coopera-
tion with other authorities and the proper conduct of ex-
tradition proceedings.

SECTION II. Members of the Detective Bureau shall be care-
ful in their inquiries so as not to unnecessarily endanger
the reputation of any person who may be the subject of
their investigation.

SECTION III. NO one except a Member of the Detective Bureau
shall have access to the Criminal or other Records of the
Detective Bureau unless authorized by the Commanding Offi-
cer or Chief of Police.

SECTION IV. A member of the Detective Bureau shall follow
up all cases assigned to him. He shall interview complai-
nants and witnesses without delay, and carefully ascertain
the full facts and pertinent information concerning each
case and obtain an accurate and complete description of
property lost or stolen and persons wanted. Unless a case
has been Officially closed, he shall consult the complainant
from time to time concerning the status of the case and
shall keep in touch with all witnesses.

SECTION V. Detectives on extradition duty shall telegraph
to the Chief of Police upon arrival and departure from
their destination and shall inform the Chief of the status
of the case.

SECTION VI. Detectives shall have all cases prOperly pre-
pared for trial and in State Cases shall make the necessary
reports to the Prosecuting Attorney.

SECTION VII. Members of the Force assigned to the duty of
taking finger prints and photographs of criminals and keep-
ing a record of the same shall be under the supervision of
the Commanding Officer of the Detective Bureau.

SECTION VIII. Unless by written order to the contrary by
the Commanding Officer of the Detective Bureau or the
Chief, no finger print, records, photographs or information

 

105

pertaining thereto, shall be furnished anyone excepting
such person be a Member of the Department or an Officer
of the Court.

CHAPTER IX.

Bureau of Weights and Measures

SECTION I. The Members of this Bureau shall enforce all
laws and ordinances relating to Weights and Measures, make
complaints in Court and keep such records as are required
by Ordinances of the City Highland Park and such Federal
and State Laws pertaining to Weights and Measures.

SECTION II. They shall be responsible to the Chief of Po— I
lice and such other Members of the Department as he shall "
designate.

 

CHAPTER X.

Women's Division

SECTION I. This Division shall be composed of Police Women
and Matrons.

SECTION II. The duties of Police Women shall be:

1. To enforce the laws enacted for the protection
of public morals and for the prevention of de-
linquency among children.

2. Have charge of female prisoners and be respon-

‘ sible for their safe keeping while confined in
the Station House.

3. Visit female prisoners at intervals of at least
thirty minutes and report their physical condi-
tions. Such reports shall be made to the Com-
manding Officer at the desk.

4. Search all female prisoners delivered into their
custody.

5. Perform such other duties as shall be assigned
to them.

SECTION III. They shall not permit any person to interview
prisoners in their custody without a written order from the
Chief or their Commanding Officer.

SECTION IV. The Chief of Police shall designate the Command-

ing Officer of such Division who shall be responsible for the

prOper functioning of the Division and the keeping of all rec—
ords in connection therewith.

106

SECTION V. Matrons shall perform such duties as shall be
assigned to them from time to time by the Chief of Police
or their Commanding Officer.

SECTION VI. Police Matrons may be appointed Special Police
Officers by the Commission with full power to arrest. They
shall not be Members of the Police Force.

CHAPTER XI.

Radio

SECTION I. The Police Radio is established for the purpose
of Supplying, maintaining and operating radio communications
throughout the City for the purpose and business of the
Division.

SECTION II. Persons assigned to the duties of operating

the Radio Station are chargeable with the correct and prompt
transmission of official police business and are responsible
to the Chief.

SECTION III. Persons so assigned shall have charge of all
radio equipment on Police cars and shall be responsible for
their Operation.

SECTION IV. They shall comply with all orders of the Federal
Radio Commission.

CHAPTER XII.

Property Clerk

SECTION I. The Pr0perty Clerk is the custodian of lost,
stolen, abandoned and unclaimed property, property held
as evidence, and prOperty left by deceased persons who at
the time of their death were in the custody of the Police
Force. He shall perform such other duties as may be as-
signed him by the Chief of Police.

SECTION II. Any such property coming into the possession
of a Member of the Police Force shall be delivered to the
iProperty Clerk, except the following:

1. Horses, mules, or domestic cattle, cats.

2. Dogs.
‘whicm.shall be delivered to the Member of the Police Force
assigned to enforce the provisions of Ordinances Nos. 376
and.448, as amended, of the Ordinances of the City of

 

107

Highland Park, and disposed of in the manner provided by
those Ordinances.

Vehicles shall be stored and disposed of in the
manner provided by Ordinance No. 433, as amended, of the
Ordinances of the City of Highland Park.

SECTION III. Lost, stolen, abandoned and unclaimed property,
except that described in Section II, hereof, shall be dis-
posed of in the manner provided by Ordinance No. 375 of the
Ordinances of the City of Highland Park.

SECTION IV. The PrOperty Clerk is accountable for all prop-
erty delivered into his custody, and is responsible for the
safekeeping, proper disposition and accurate record of same.

SECTION V. Property held as evidence shall be retained by
the Property Clerk until the final disposition of the case,
and then disposed of as provided by law.

SECTION VI. He shall furnish a surety company bond. The
Commission will determine the conditions and amount of the
bond.

CHAPTER XIII.

Chapter XIII has been omitted, since subject matter contained
therein is no longer in effect, having been superseded by
provisions in Civil Service Act 78, adopted in April, 1953.

CHAPTER XIV.

SECTION I. All Members of the Force and all applicants for
the force shall, when required to, attend such School of
Instructions as shall be designated by the Commission.

SECTION II. Each Probationary Patrolman shall on appoint-
ment and before being assigned to any police duties take
and subscribe to such oath of office as shall be prescribed
bythe Commission or Charter. Said oath of office shall be
administered by the City Clerk and a COpy filed with the
record kept of such Probationary Patrolman.

10 8
CHAPTER XV.

Leave of Absence

SECTION I. The Chief shall not be absent from duty more
than one day without leave of absence granted by the Chair-
man of the Commission, or in his absence or inability by
the Vice-Chairman. Such leave of absence may be terminated
by a majority of the Commission. No other Member of the.
Divisionshall be absent from duty without leave of absence
from the Chief, provided that no leave of absence granted
by the Chief shall exceed the furlough period without the
consent of the Commission.

SECTION II. All leaves of absence to Members below the
Chief shall be without pay: except in the case of death

in the Member's immediate family, when three (3) days, with
pay, may be allowed by the Chief; and also except in case
of sickness or injury, arising from or sustained in the
service. When such injury or illness is certified by the
City Physician, in which case a leave of absence with pay
may be granted by the Chief for not to exceed ten days,

and thereafter by the Commission, with the consent of the
Council, not to exceed six months; provided, that the grant-
ing of the same shall not, in proceedings brought under the
pension provisions of the Charter of the City of Highland
Park, be construed as a presumption or determination that
such illness or injury arose from or was sustained in the
service, nor shall the granting of such leave of absence

be evidence that such illness or injury arose from or was
sustained in the service. Leaves of absence granted to the
Chief may be with or without pay, the same to be determined
by the Chairman of the Commission, subject to termination
by the majority of the Commission.

SECTION III. When any Member of the Force who is off duty
becomes sick, he shall cause that fact to be reported to
the Chief at least one (1) hour before he is to report for
duty. The Chief may grant a leave of absence, as herein
provided, and shall notify the City Physician who shall re-
port in writing to the Chief, the condition of such Member.

SECTION IV. Members of the Force while on leave may, in
case of emergency, be called to active duty by the Chief.

SECTION V. All applications for leave of absence to the
Chief, except in cases of sickness or injury shall be (Policy
re., see P & FC min., P1545 (275) in writing.

 

109

CHAPTER XVI.

Leave days and Furloughs

SECTION I. All Members of the Force are entitled to a
leave of absence with pay of one day of twenty-four hours
in every seven days.

SECTION II. All regular members of the force are entitled
to twenty days furlough with pay in each twelve month period
from January 1st to December Blst inclusive. At least ten
days shall be consecutive unless otherwise ordered by the
Chief. Furlough days may not be taken between December 15
and December 24 inclusive. Civilian employees shall be
granted such vacation as provided by the City Charter.
(Amended 4-19-51)

SECTION III. All leave days and furloughs shall be assigned
by the Chief, but no more than one—fifth of each squad or
shift shall be granted a furlough at any one time without
express permission from the Commission.

SECTION IV. Each Member shall leave his furlough address
with the Chief.

SECTION V. Each day's leave of absence, except regular leave
days, Members' sickness or death in Member's family shall be
deducted from the Member's furlough period.

CHAPTER XVII.

Resignations

SECTION I. No Member may withdraw from the Force except
by permission of the Chief, under penalty of forfeiting the
salary which may be due him.

SECTION II. An unexplained absence without leave of any
Member of the Force for a period of one day shall be deemed
and held a resignation by such Member and accepted as such
and the Member shall forfeit all accrued salary.

SECTION III. A resignation by a Member of the Force who is
under charges shall be treated as a confession that each
and every charge made is true and that the person charged
pleads guilty to the same.

SECTION IV. A Member of the Force on resigning or upon dis-
missal or retirement shall immediately surrender all Police

 

110

property to his Commanding Officer who shall at once re-
port the same to the Chief and forward such property to
the proper officer.

SECTION V. In the case of the death of a Member of the
Force his Commanding Officer shall obtain his badge and all
other police property in his possession and make proper dis-
position of it.

CHAPTER XVI I I .

General Rules m-J

SECTION I. Members of the Police Force shall familiarize
themselves with the rules and regulations and memorize all
orders. A plea of ignorance of such rules and orders shall
not be accepted as an excuse for the violation of the same,
but such acknowledgement will be considered in itself a
violation of the Rules and Regulations.

SECTION II. All Members are prohibited from engaging di-
rectly or indirectly in any other gainful occupation.

SECTION III. Members of the Police Force are on active
duty at stated periods, but shall be subject to be called
for duty at any time.

SECTION IV. No Member of the Division shall disclose any
Police information to the public, but general information
may be given to the press by Commanding Officers.

SECTION V. No Member of the Division shall speak before
a public gathering without first obtaining the consent of
the Chief.

SECTION VI. All Members of the Division shall avoid all
religious or political discussions in the Station House

or elsewhere while on duty, and they shall not speak slight—
fully of the nationality, religion, character or reputation
of any person.

SECTION VII. No Member of the Division shall contribute
money or other things to any person for any political pur-
pose, or take any active part in assisting candidates for
political office.

SECTION VIII. No Member of the Division shall influence,
attempt to influence, or threaten or otherwise interfere
with the legitimate business of any citizen.

111

SECTION IX. No Member of the Division shall receive or
share in any present, fee or other emolument for police
or public service other than his regular salary, except
by the consent of the Commission. The Commission, for
Meritorious Service rendered by any Member in a case for
which a reward is paid, may permit such Member to receive
the reward.

SECTION X. Any Member of the Division may apply for an
interview with the Chief either directly or through a Su-
perior Officer in writing.

SECTION XI. Smoking in public while in Uniform is prohibited. i

SECTION XII. Any Member entering any so claimed disorderly
house in the performance of duty shall report the facts in
writing to his Superior Officer within twenty-four hours.

SECTION XIII. Members of the Division shall report punc-
tually at least ten minutes before roll call for regular

or special duty and thoroughly acquaint themselves with all
matters of importance on the bulletin board.

SECTION XIV. Each Member of the Force shall at all times
have with him a memorandum book, in which he shall enter

all the facts and circumstances of importance on his tour
of duty, also the names of persons taken in charge by him
and such particulars in each case as will be important in
the trial of the case.

SECTION XV. Each Member of the Division, at the expiration
of his tour of duty each day shall leave with his Command-
ing Officer on prescribed slips a detailed report of his
police activities unless otherwise authorized by the Chief
of Police. '

SECTION XVI. Each Member of the Division shall reside within
the City Limits and shall promptly report a change of address
to his Commanding Officer.

SECTION XVII. Members of the Force shall at all times pre-
sent a neat and tidy appearance and shall have in their
:possession all assigned and necessary equipment while on
duty.

SECTION XVIII. Members shall be responsible for the condi-
'tion of all equipment issued to them and shall keep the same
well cared for and in good condition.

SECTION XVIX. All Members of the Force, when responding to
telephone calls, shall give rank, surname and the Bureau of
Division to which they are attached.

112

SECTION XX. Every Member of the Division shall be polite,
considerate and courteous to citizens at all times, either
when using the telephone or addressing them in person and
shall avoid all arguments and discussions with a display
of temper that reveals conduct unbecoming an Officer.

SECTION XXII. Members of the Force shall be constantly
alert to see and shall respond immediately to flash sig-
nals on signal boxes. They shall not interrupt while an
alarm or description is being transmitted, but shall immed-
iately lift the receiving apparatus and listen in to obtain
the message. If they have not obtained complete alarm or
description, they shall obtain it from the operator after
the completion of the alarm.

SECTION XXIII. Members of the Force shall exercise the ut-
most precaution in handling firearms, tear gas bombs and
explosives on all occasions, with a view of safety to them-
selves and others.

SECTION XXIV. Members of the Force shall render no assist-
ance whatever in civil cases, except to prevent a breach

of the peace or to quell a disturbance actually commenced,
and shall not testify in civil cases unless legally sum-
moned to do so.

SECTION XXV. Members of the Force making raids on premises
used in connection with the illegal possession of intoxicat-
ing liquors, vice, gambling or other illegal purposes, shall
make a report in writing of such raid to the Chief, together
with the names and addresses of the persons arrested and the
occasion for the arrest.

SECTION XXVI. No male Member of the Division shall visit
the cell block in the Women's Detention quarters unless
accompanied by a Police Woman or Matron, and then only on
specific police business.

SECTION XXVII. A careful search of each prisoner shall be
made at the station by the Member of the Force who presents
the prisoner for registration to the Commanding Officer in
charge.

SECTION XXVIII. In cases when females are arrested or held,
they shall be searched in private by a Police Woman or
Matron.

SECTION XXIX. Members of the Division shall not suggest,
recommend or hire any attorney to act as counsel for any
prisoners. They shall not be concerned in any agreement
or arrangement proposed or entered into between offenders
and complainants.

 

113

SECTION XXX. No Member of the Division shall go on the
bond of or furnish bail for any person arrested, nor shall
he accept any fee or gift.

SECTION XXXI. No Member of the Division shall taunt or per-
secute exconvicts. If a man has been convicted of a crime
and has paid the penalty, he is entitled to start life anew
and should receive encouragement and COOperation from the
Members of the Division in his endeavor to live a prOper
life.

SECTION XXXII. Members of the Division shall not, without
the consent of the Commission, endorse notes or become
surety for anyone or borrow money from any person or com—
pany whose business is subject to regulation by the police.

SECTION XXXIII. No Member of the Division shall assign

his salary to secure any debt nor contract debts which he
isunable or unwilling to pay, nor shall he neglect or re-
fuse to pay a just indebtedness within a reasonable time.

SECTION XXXIV. When an alleged crime or a suspicious death
occurs, the first Members on the scene or to discover the
crime or circumstances shall then take every precaution to
preserve finger prints and avoid destroying, lessening, or
interfering with incriminating evidence or clues that might
lead to a solution of the circumstances of the case or the
apprehension of criminals.

SECTION XXXV. The first Member upon the scene shall
make an immediate and thorough preliminary investigation
into the circumstances of the crime and shall Obtain the
names and addresses of witnesses and all other important de-
tails and as soon thereafter as possible, notify his Com-
manding Officer, who will be held responsible for the com-
pletion of the investigation.

SECTION XXXVI. When the perpetrator of a crime is apprehended
a member of the Detective Bureau shall assist in the prosecu—
tion, if such is necessary. If the perpetrator is not ap-
prehended at the time, all evidence shall be furnished to the
Detective Bureau, who shall assume charge of the case
immediately.

SECTION XXXVII. The First Member of the Force to receive
articles valuable as evidence in connection with any case,
shall mark such articles with a personal identification mark
and keep such articles secure against tampering until they
are turned over to the Commanding Officer in charge.

 

114

SECTION XXXVIII. Whenever any Member of the Division shall
send or cause to be sent any unknown person to a hospital
or morgue, he shall immediately report to his Commanding
Officer, or any Officer in charge, and in his report of same
shall give an accurate description of the body and clothing
of such person, approximate age, height, and weight, to-
gether with the color and make of clothing worn and all the
important details relative to the circumstances in the case.
The Commanding Officer shall then cause inquiry to be made
as to the name, residence and such other facts as may be
necessary.

SECTION XXXIX. In all cases where a person suspected of
being insane is picked up by a Member of the Force, the
Officer in Charge shall call the City Physician who will
come to the station and examine the person and make arrange-
ments with the hospital authorities to have the person ad-
mitted to the psychopathic ward, if necessary.

SECTION XL. In cases of serious or fatal traffic accidents,
the Member of the Force first arriving on the scene shall
take charge of the case, and he shall determine whether

the car or cars participating in the accident should be kept
intact until photographs are taken.

SECTION XLI. The delegation of the enforcement of certain
laws and ordinances to particular division does not relieve
Members of other Divisions from taking prOper police action
in connection with violation of such laws and ordinances
coming to their notice.

SECTION XLII. All Members of the Division shall give special
attention to the condition of street lights, traffic light
signals, stanchions, safety zones and all warning signals,
and shall promptly report any misplacement, disorder or
damage to them.

SECTION XLIII. A complete report of all accidents result-
ing in damage to city property and accidents caused or
claimed to be caused by traffic light signals, failing to
function properly, shall be sent to the City Attorney's ,
office. Members of the Division having knowledge of such
accident shall give written statements to the City Attorney.

SECTION XLIV. It shall be the duty of Members of the Force
to know the number of every call box and its location, and
to answer all calls or signals transmitted from a call box
on all occasions.

SECTION XLV. It shall be deemed a neglect of duty on the
part of a Member to lose any of his equipment or to fail

 

115

to report such loss immediately thereafter to his Command-
ing Officer.

SECTION XLVI. Members of the Division shall not litter
with refuse or other elements any room or place in the
Police Station, but shall be individually responsible in
contributing to the cleanliness and sanitation thereof.

SECTION XLVII. Members and Employees of the Division shall
be careful in the use of all city property whether fixed

or movable. Roughness or carelessness shall not be toler-
ated and each Offending Member shall be held strictly re-
sponsible for his actions and execution of this rule.

SECTION XLVIII. In all instances when Members of the Di-
vision use police cars which are not regularly assigned

to them, they shall leave a report of same on a sheet left
in the garage for the information of the Commanding Officer
in charge.

 

SECTION XLIX. No member of the Division shall circularize
subscription papers or sell tickets or collect money from
citizens for any purpose whatsoever without permission from
the Commission.

SECTION L. No member of the Division, on any occasion what-
soever, shall sympathise with, encourage, aid, or take sides
with any group or organization engaged in any demonstrations
or cause that they may be endeavoring to foster, that can be
generally construed as unpatriotic, detrimental to public
peace and welfare or radical in its nature.

SECTION LI. Any Member of the Force when traveling in Uni-
form shall not occupy a seat in a public conveyance to the
exclusion of a pay passenger.

SECTION LII. No Member of the Division while on duty, or
when in Uniform off duty, shall be allowed to wear or dis-
play any badge, button or other insignia other than depart-
ment badge or shield, unless by the order of the Chief of
Police.

SECTION LIII. Members of the Force, not lower in rank than
that of Lieutenant, shall have authority to suspend any
Subordinate Member for cause, but in event thereof, shall
immediately report his action to the Chief.

SECTION LIV. Command Officers are responsible for the
general discipline and efficiency of their respective com-
mands; and Lieutenants and Sergeants likewise covering
special details authorized within their respective platoons
or assignments.

SECTION LV.

116

Punctual attendance, prompt obedience to orders

and conformity to all rules of the Division by Members will
be rigidly enforced upon the pain of dismissal or such other
punishment as the Chief of Police or the Commission may

adjudge.

CHAPTER XIX.

Offenses for which Charges may be Preferred

SECTION I.

a hearing as provided in Chapter 20, be subject to reprimand,
suspension, forfeiture of pay, or to dismissal from the Divi-
sion by the Commission, or such other lawful punishment as

the Commission may direct, for any of the causes herein enum-
erated; provided, however, that the Chief may suspend any V
such Member without a hearing for a period not to exceed Fif— 5

Every Regular Member of the Division shall, after B

 

teen (15) days without pay.

Upon a plea of guilty, the Chief may, without a
hearing by the Commission, deprive a Member of his furlough
or leave days or cause a Member to perform extra hours of‘
duty. All suspensions by the Chief and all penalties imposed
by him shall be reported by the Chief to the Commission at
itsnext regular meeting.

(AdOpted as Amended by Police and Fire Commission, November

2, 1936.)

(Approved by Council action December 7, 1937.)

\DQOUl-waH

Hid
F40
O 0

P4P
OJN
C

14.

I—'
01
O

16.
17.
18.
19.
20.
21.

Laziness
Cowardice
Dishonesty
Immorality
Lounging on beat

‘Inattention to duty

General incompetency

Sleeping while on duty

Shirking responsibility

Making a false official report

Absence from duty without leave

Being under influence of liquor

Carelessness in attending to duty

Conduct unbecoming a police officer

Refusing to salue superior officers

Absent from heat without prOper reason
Drinking intoxicating liquors while on duty
Any misconduct to the injury of the service
Feigning sickness or otherwise shirking duty
Neglecting to wear proper uniform on duty
Lack of dignity and bearing becoming an officer

22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.

47.

117

Receiving bribes in money or other valuable
things

Contracting debts under false or fraudulent
pretenses

Careless or unlawful use of firearms or other
weapons

Neglecting to keep uniform properly buttoned
in public

Not properly patrolling or guarding a beat or
district

Insubordination or disrespect towards a superior
officer

Disorderly conduct detrimental to public peace
and welfare

Conviction by a court of competent jurisdiction
of a felony

Corrupt or wilful malfeasance or misfeasance in
the service

Mental or physical incapacity or inefficiency
in the service

Displaying unnecessary violence to prisoners

or other persons

Associating with lewd women or those of ques-
tionable character

Neglecting to assist a fellow officer in making
a legal arrest

Any breach of discipline or act or conduct pre-
judicial thereto '

Having any kind of intoxicating liquors in
their possession illegally

Violating any criminal laws or ordinances of
the City of Highland Park

Failing to secure police information when the
opportunity is presented

Failing to report known violations of the law
or of the City Ordinances

Disobedience of the rules of the police force
or orders of a Superior Officer

Interfering in the domestic affairs of others
without reason of police authority

Making a false statement or report or any mis-
representation to a Superior Officer

Writing anonymous or unauthorized letters or
telegrams detrimental to the service
Neglecting to wear full uniform while attending
court unless so instructed by the Chief

Being absent from duty or absent from the city
without permission from the Chief of Police
Assigning salary due or to become due to any
person, except by permission of the Commission
Suggesting, recommending, or employing any at-
torney for any prisoners with a view of his
defense

 

48.

49.

50.

51.

52.

53.

54.

55.

56.

57.

58.

59.

60.

61.

62.

63.

118

Critizing the official action or orders given
by a Superior Officer, except to the Chief of
Police

Neglecting to wear badge and other emblems of
office in accordance with the rules of the
Police Force

Neglecting to turn all property recovered or
taken from the persons arrested, over to the
Proper Officer

Refusing to display badge and properly identify
self when requested by a Superior Officer or
citizen to do so

Using loud and boisterous, vulgar or indecent I
and profane language to any citizen or about '
the Police Station '
Gambling or entering a place where gambling is
allowed, except while in the immediate discharge
of police duty

Borrowing money upon endorsement or guaranty of I
any elected or appointed officer of the City of

Highland Park

Neglecting to furnish persons arrested on crim-

inal charges with correct inventory of all prOp-

erty taken from them

Neglecting to treat court officers, public of-

ficials and citizens in a courteous and respect-

ful manner on all occasions

Using profane, coarse, or insolent language to

a Superior Officer or to other Members of the

Division or to any civilian

Being unable, to the satisfaction of a Superior

Officer, to use reasonably good judgment and

intelligence in performing Police Duty

Gossiping about a member of the Police Force

concerning his personal character, religion or

his'conduct to the detriment of such Member

Withholding from a Superior Officer any material

information of importance or information that

the Superior Officer should be informed of

Failure to promptly respond to matters pending

before the court, or to be brought before the

court, in which such officer is a complainant

or witness in the case

Entering a saloon or a place where intoxicating

drinks are sold, kept or given away in violation

of the law, excepting in the immediate discharge

of police duty.

Communicating any information which may aid a

person to escape arrest or to delay the appre—

hension of criminals or to aid or secure the

removal of stolen or embezzled goods or money

 

119

64. Neglecting to promptly report to the Chief of
Police or Commanding Officer in charge any
Member of the force known to be guilty of vio-
lating any rules, regulations or any orders by
a Superior Officer

65. All Commanding Officers are required to report
any violations of the Rules and Regulations by
Members of their command. Civility, Sobriety,
neatness, punctuality, prompt obedience to or-
ders and compliance with the Rules and Regula-
tions is demanded of all Members of the Division.
Superior Officers are responsible for bad, ques-
tionable, or unethical conditions existing within
or under the jurisdiction of their respective
commands.

CHAPTER XX .

Trials

SECTION I. Charges preferred against a Member of the Force
shall be in writing. They shall be addressed to the Commis-
sion and filed with the Secretary of the Commission who
shall furnish the accused Member with a COpy thereof. Charges
may be preferred by any Member of the Council, any Member of
the Commission, or the Chief of Police, without oath, or

by petition of twenty-five (25) registered electors under
oath. The Commission shall have the power to compel the
attendance of witnesses and the production of papers by
subpeona or written order. If said Member shall neglect

to appear and answer such charges at the meeting designated
by theCommission to hear and determine the same, which shall
not be less than five days after a copy of the charges have
been personally served upon the accused, his default shall
be deemed a good cause for his dismissal; provided, however,
the Commission may adjourn the hearing from time to time.

SECTION II. The mode of trial will be by taking testimony
under oath, first of witnesses against the accused and then
of the defense. The testimony shall be taken down.by a
stenographer. The accused may be represented by counsel.
If the Member is found guilty as charged by a majority of
the Commission, the verdict shall be entered upon the rec-
Ords of the Commission, and sentence imposed as prescribed
by the Chairman of the Commission or by the Chief of Police
as authorized by the Commission.

SECTION III. Any member of the Force who may have been dis-
missed from the Division for cause or who may have resigned
from the Force may at any time thereafter petition the

 

‘EEL

120

Commission for reinstatement. Such petition shall be in

writing and shall be filed with the Secretary of the Com-

mission. Upon such filing the Commission shall designate

a date for a meeting to act on such petition and notice of

the date of such meeting shall be given in writing to the

petitioner and to the Chief of Police, and in case such

dismissal was based on charges made by twenty-five (25)

electors under Section 1 of this chapter, notice in writing

shall be given by mail to such twenty-five (25) electors

at the addresses set forth on the petition containing such

charges. The Commission may adjourn the hearing on such

petition for reinstatement from time to time. At such hear—

ing the Commission shall bear any testimony that may be

presented and may compel the attendance of witnesses and A
the production of papers by subpoena or written order. I
The petitioner and any interesting parties may appear in
person and may be represented by counsel. If the Commis-
sion shall determine that it is in the best interest of

the City that such member be reinstated, the Commission

may reinstate such member either to the same rank held by
him immediately prior to dismissal, or to such lessor rank
as the Commission shall deem prOper. Any order of rein-
statement entered by the Commission shall require the sus-
pended member to repay into the Firemens' and Policemens'
Pension Fund the amount withdrawn by him at the time of

his dismissal, and shall require such suspended member, as
a condition precedent to reinstatement, to sign a waiver

of any claim he may have against the City for Compensation
during the period between dismissal and reinstatement. The
order for reinstatement shall specify the effective date of
such reinstatement. No member of the Force shall be rein-
stated unless at the time of reinstatement he possesses all
the qualifications specified in Chapter XIV, Part 3, Sec-
tions 2 and 3 and shall apply to in the order of reinstate-
ment. The provisions of this section shall also apply in
case a member of the Division shall have been suspended and
desired to be reinstated prior to termination of his suspen-
sion. (Amended 8-29-41)

CHAPTER XXI .

Official Communications and Correspondence

SECTION I. Any communication containing matter relating
'to the official business of the Division or a Member of it,
.is an official communication.

SECTION II. A communication shall deal with only one sub-
:iect. It shall be written on official stationery and
fiiigned with pen and ink. The title only of the Member of

121

the Division addressed shall be used. When reference is
made in the body of the communication to a Member of the
Force, his rank or title, his first name in full, the shield
number, if any, and command shall be given.

SECTION III. Any official communication addressed to a
Mayor, Member of the City Council or the Head of a Depart-
ment of the Municipal, County, State or Federal Government
shall be signed by the Chief, unless otherwise ordered by
him.

SECTION IV. Members of the Force receiving communications I
directly from the public on police business, shall after

consulting the Chief, promptly acknowledge either in writ- ‘
ing or through an Investigating Officer. 2

 

CHAPTER XXII.

was.“ -' v '-

Orders

SECTION I. The Chief is empowered to issue orders to be
known as general and Special orders, which shall be dated
and numbered consecutively.‘ Such orders shall not conflict
with or change the Rules and Regulations of the Force.

SECTION II. Instructions to be known to the entire member-
ship of the division shall be issued as general orders.

SECTION III. Appointments, promotions, assignments, resig-
nations, retirements, suspensions, dismissals, parade orders,
police details, and orders concerning individual Members of
the Force or relating to matters that need not be known to
the whole of the Force, or which are to be in effect tempo-
rarilyrarily shall be issued as special orders.

SECTION IV. Officers not lower in rank than Lieutenants
may issue orders to Members of their respective commands,
but such orders shall not conflict with or change the or-
ders of a Superior Officer or the Rules and Regulations of
the Division.

CHAPTER XXIII.

Arrests

SECTION I. To arrest a person is to subject him to your
control, detain him in your custody, or compel him to go
with you. Whenever this has been done, whether by force

122

or by voluntary submission on the part of the arrested, an
arrest has been effected.

SECTION II. Arrests are made either with or without a
warrant. The difference in the two cases is this: a war-
rant is issued by a magistrate, who, after passing upon
the facts, orders the arrest of the accused person. An
arrest without a warrant is made upon the judgment of the
Arresting Officer, based upon facts communicated to him or
upon things which occur in his presence.

SECTION III. In this State, Police Officers may, without E
a warrant, arrest a person—-
a. For the commission of any felony, misdeameanor I
or violation of a city ordinance in their
presence.

b. When such person has committed a felony although
not in their presence.

c. When a felony in fact has been committed and
they have reasonable cause to believe that such
person committed it.

d. When they have reasonable cause to believe that
a felony has been committed and reasonable cause
to believe that such person has committed it.

e. When they have received positive information by
written, telegraphic or other authoritative
source that another officer holds a warrant for
such arrest.

 

SECTION IV. An arrest may be made on any day at any time
of the day or night.

SECTION V. When arresting a person, the Officer making the
arrest shall inform the person arrested of his authority

and the cause of the arrest, except when the person arrested
is engaged in the commission of a criminal offense, or if

he flees or if he forcibly resists arrest before the Officer
has time to inform him.

SECTION VI. To make an arrest, a Police Officer with a
warrant or in case of felony when authorized without a
warrant, may break Open an inner or outer door of any
building in which the person to be arrested is or is rea-
sonably believed to be, if after he has announced his pur-
pose, he is refused admittance.

SECTION VII. All persons arrested shall be taken immediately
before the Commanding Desk Officer at the station house where
they shall be searched before being placed in cells.

123
CHAPTER XXIV.

Special Police Officers

SECTION I. Special Police Officers may be appointed by

the Commission at the request of an individual or corpora-
tion to watch and guard their property. Their police
powers shall be confined to the performance of such duties.
They shall be employees of such person or corporation.
Theysflall not be Members of the Division of Police. The
employeeand the Special Officer shall file a joint bond
with the City Clerk of the City of Highland Park, in which,
the employer shall agree to have the City of Highland Park,
harmless against all damages, losses or expenses, by reason
of such appointment or by reason of any act or negligence
of said Special Officer and in which the Special Officer
shall agree to release the City of Highland Park from the
payment of all claims of every nature resulting from said
appointment. They shall hold their apointment at the plea-
sure of the Commission.

CHAPTER XXV.

Special Police Officers--School Crossings

SECTION I. Special Police Officers in the number authorized
by the Council, may be appointed by the Commission for School
Crossings in the City Of Highland Park. Such Special Offi-
cers shall be employees of the City and on the payroll of

the Division of Police. They shall not be Members of the
Police Force. Their powers of arrest as such Special Police
Officers, shall be confined solely to traffic accidents
occurring at their place of assignment during their period

Of duty.

SECTION II. They shall wear and furnish at their own ex-
pense such uniforms, and equipment as the Commission shall
determine. They shall hold their appointments at the
pleasure of the Commission.

SECTION III. Qualifications for eligibility to appointment
as Special Officers shall be determined by the Commission.

SECTION IV. Such officers shall be furnished with a badge,
numbered and recorded in the Office of the Captain of the
Patrol Division, which they shall wear on the left breast
of the outer garment when on duty, and they shall surrender
said badge at the end Of their term of service, or when
they resign or are discharged. In case a badge is lost,

 

124

the loser thereof shall immediately report such loss to the
Captain of the Patrol Division who will furnish a new badge
upon payment thereof.

CHAPTER XXVI .

Terminal Leave
(Amended 1-25—45 to in-
clude)

SECTION I. All applications for retirement shall be pre— E
sented to the Police and Fire Commission through the Chief '
of their respective departments at least thirty days prior
to the requested date of retirement.

 

SECTION II. In cases of retirement the following table of ;
leave days with pay is hereby established for recommenda— EA
tion to the City Council.
Years of service Leave days with pay to be granted

20 14

21 15

22 16

23 17

24 18

25 20

26 22

27 24

28 26

29 28

30 or more 30

SECTION III. 131 addition to leave days with pay the Police
and Fire Commission may also recommend to the City Council,
in cases of retirement, the granting of earned furlough days
with pay. The effective day of retirement as requested by
the applicant will determine the amount of earned furlought
days that may be recommended. Such earned furlough days
shall be computed from the first day of January of the year
in which application for retirement is made, but in no case
shall they exceed 1.66 days for each month worked in that
year.

 

APPENDIX D

CHAPTER V

General Rules121

SECTION 5.1 A member must be quiet, civil and orderly.

In the performance of his duty he must maintain command to
temper, patience and discretion. He must refrain from
coarse, boisterous, profane or insolent language but, when
required, act with firmness and sufficient energy to per-
form his duty.

SECTION 5.2 A member shall be courteous to citizens and
other officers; he shall give prompt response to requests
for information or directions.

SECTION 5.3 A member shall be neat and clean in person
and dress. Clothing shall be clean and well pressed and
equipment shall always be in a serviceable condition. All
Public Safety Officers shall have one set of standby
clothes at the station at all times.

SECTION 5.3a Officers appearing in court shall be dressed
in uniform or civilian shirt, tie and suit coat, or a sport
shirt with closed collar and suit coat. Standby officers
in fatigues will wear a tie.

SECTION 5.4 A member shall not drink any intoxicating
liquor while on duty, unless in the performance of assigned
duty, nor while off duty to an extent that would make him
unfit for duty if called in.

SECTION 5.5 No intoxicating liquor will be kept in the de-
partment's vehicles or buildings unless it has been offi-
cially seized as evidence.

SECTION 5.6 No games of chance for stakes or wagers shall
be played in Department Buildings.

SECTION 5.7 No member shall furnish bond or bail for any
person arrested by the department, accept any fee or gift
from any person who may furnish bail for any arrested or
convicted person, or any fee or gift from any attorney at
law who may prosecute or defend any person arrested or
prosecuted for any offense.

 

121This information was furnished by Director of

Public Safety, Glenn S. Leonard, Oak Park, Michigan.

 

127

SECTION 5.8 A member shall not suggest or recommend any
attorney to any person in custody.

SECTION 5.9 A member shall treat as confidential all of-
ficial business of the department. A commanding officer
may impart information to official representatives of the
press providing the case is not classified as confidential.

SECTION 5.10 Members shall not divulge the names of per-
sons making complaints except to other members of the de-
partment who need the information for official purposes. E

SECTION 5.11 A member must always have in his possession .
a memorandum book in which he shall record all information
pertinent to carrying out his duties, as well as pencil or
pen.

SECTION 5.12 A member shall report all dead and injured
animals found in public places. b

fir
"v.1

 

SECTION 5.13 Loss of personal equipment issued by the de-
partment or failure to report such loss shall be deemed neg-
lect of duty.

SECTION 5.14 Any member feeling aggrieved at the treatment
or orders by a superior officer, or wishing to make sugges-
tions for the improvement of the department shall put in a
written request to the Director. This request shall be for-
warded to the Director through the commanding officer.
Failure of a superior officer to forward requests to the
Director shall be deemed a serious dereliction of duty.

SECTION 5.15 All officers must have a telephone available
in their residence whereby they may be reached immediately
if necessary.

SECTION 5.16 Members unable to report for work on time
shall notify the desk officer at least one half (l/2) hour
prior to the hour set for reporting for duty. The desk
officer shall report this fact to the member's superior
officer.

SECTION 5.17 No member shall enter the cell block with
his sidearm on his person.

SECTION 5.18 Punctual attendance, prompt obedience to
orders and conformity to rules of the department shall be
rigidly enforced.

SECTION 5.19 Officers shall carry official department
identification card with them at all times.

128

SECTION 5.20 Officers may be required to pay for lost
equipment or department property, including library books,
if loss is due to negligence.

SECTION 5.21 Officers shall be well groomed, and haircuts
shall be of conservative style. Sideburns shall not ex-
tend lower than 1/2 inch above center lobe of the ear, and
sides of hair shall be closely cut.

SECTION 5.22 Officers leaving City for period exceeding
24 hours shall notify their commanding officer of their
absence and location. I

SECTION 5.23 There shall be no discimination against any
person on the part of any officier because of any consid-
eration of political or religious affiliation or belief,
or race, sex, or marital status.

 

SECTION 5.24 (a) OFFENSES FOR WHICH CHARGES MAY BE PRE-
FERRED--a member who violates a rule or regulation, ordi-
nance, law, or provisions of general or special orders,
whehter on-duty or off-duty, as such rules, regulations,
ordinances, laws, general orders, or special orders may
apply; or upon conviction in a court having criminal juris-
diction of any criminal offense, shall be subject to repri-
mand, suspension, demotion, dismissal, or such other lawful
penalty as the Director of Public Safety shall direct. All
such actions of the Director shall be subject to review by
the City Manager, the Personnel Board, or such other of-
ficial or body as ordinance or statute may provide.

SECTION 5.24 (b) The following offenses shall be deemed
official misconduct and/or serious neglect of duty, and a
finding of guilt of the offense by the Director of Public
Safety or other official as designated by ordinance or
statute, shall subject the officer to the penalties pre-
scribed in the immediately foregoing section:

(1) Cowardice, whether on-duty or off-duty.

(2) Wilful disobedience of rules, orders, ordi-
nances, or laws, whether on-duty or off-duty.

(3) Being under the influence of liquor in a
public place, whether on-duty or off—duty.

(4) Drinking any kind of intoxicating liquor
while on-duty or in uniform unless in the
performance of duty.

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(l3)

(14)

(15)

(l6)

(17)

(18)

(19)

(20)

129

Wilful maltreatment of a prisoner or any other
person.

Conduct unbecoming an officer, whether on-duty
or off-duty.

Insubordinantion or disrespect to a superior
officer, whether on-duty or off-duty.

Neglect of duty.

General incompetency.

Unauthorized sleeping on duty.

Being absent from duty without permission.

Using coarse, profane, or insolent language
to a superior officer, another member, or a
citizen, whether on-duty or off-duty.

Making a false statement or report, whether
on-duty or off—duty.

Accepting bribes of money or other valuables,
whether on-duty or off-duty.

Neglecting to wear proper uniform on duty.

Accepting any gift, fee, or reward from any
person arrested, or from any person in behalf
of said arrested person, while said person is
in custody.

Gossiping about a member of the Department
concerning his personal character or conduct,
which is detrimental to such member, whether
on-duty or off-duty.

Publicly criticizing orders given by a superior
officer, whether on-duty or off-duty.

Communicating or giving information to any per-
son concerning the business of the department,
which is detrimental to the department, whether
on-duty or off-duty.

Refusing to give name or badge number to a
citizen when requested.

 

130

(21) Neglecting to turn over all property taken
from persons arrested, found, or seized, to
the prOper officer without delay.

(22) Unjustified, negligent, or careless use of
firearms, whether on-duty or off—duty.

(23) Failure to report a known violation of law
or a city ordinance, whether on-duty or off-
duty.

(24) Immorality, whether on-duty or off-duty.
(25) Ignorance of rules or orders.

SECTION 5.25 STATEMENT OF CHARGES--Statement of charges
shall conform to specifications of Section 19.4.

SECTION 5.26 A resignation by any department member who

is under charges shall be treated as a confession that each
and every charge made is true and that the person pleads
guilty to the same.

SECTION 5.27 A member resigning, retiring, dismissed, or
suspended shall immediately surrender all department
property in his possession to his commanding officer or
other superior. The commanding officer or other superior
shall promptly report the facts to the Director of Public
Safety and forward all surrendered property to him as soon
as practicable. Failure to comply with this section shall
be deemed serious neglect of duty and official misconduct.

SECTION 5.28 In the event of an officer's death his com-
manding officer shall obtain his badge and other department

prOperty and deliver the same to the Director within a
reasonable length of time.

CHAPTER 19
Separations and Disciplinary Actions

SECTION 19.1 Tenure--Section I. 194 City Code.

The tenure of every employee shall be conditioned on good
behavior and the satisfactory performance of duties. An
employee may be temporarily separated by layoff or suSpen-

sions; or permanently separated by resignation or dismissal.

 

131

SECTION 19.2 Reduction of Forces--Section I. 194 City
Code.

Whenever there is a lack of work or lack of funds requiring
reductions in the number of employees in a department or
division of the city government, the required reductions
shall be made in such job class or job classes as the de-
partment head may designate, provided that employees shall
be laid off in the inverse order of their relative length
and quality of service, as determined by rules governing
the evaluation of service. Within each affected job class
all temporary employees shall be laid off before proba-
tionary employees, and all be laid off before any permanent
employee.

SECTION 19.3 Suspension--Section I. 195 City Code.

When in the judgement of an appointing authority an em-
ployee's work performance or conduct justifies disciplinary
action short of dismissal the employee may be suspended
without pay. A suspended employee may not request a hear-
ing before the Personnel Board unless the suspension is

for more than fifteen working days, or unless the employee
has already received a previous suspension within the six
(6) months immediately prior thereto.

SECTION 19.4 Dismissal and Demotions, Permanent Employees-—
Section I. 196 City Code.

A permanent employee may be dismissed or demoted whenever
in the judgment of the appointing authority the employee's
work so warrants. When the appointing authority decides
to take such actions he shall file with the employee and
the Personnel Board a written notification containing a
statement of the substantial reasons for the action. The
employee shall be notified not later than the effective
date of the action. The notice shall inform the employee
that he shall be allowed thirty (30) days from the effec-
tive date of the action to file a reply with the appointing
authority and to request a hearing before the Personnel
Board.

Revised 5/14/62

SECTION 19.5 Dismissal or Demotion, Hearings--Section I.
197 City Code.

If any employee files a reply and requests a hearing within
the prescribed period, the Personnel Board shall schedule a
hearing. At the discretion of the Board, the hearing may

132

be private or Open to the public. At a hearing, the em-
ployee shall have the right to be represented by counsel.

SECTION 19.6 Garnishments--Ru1e 12.41 Personnel Rules.

In any case where an employee has had three (3) garnish-
ments, except where extenuating circumstances exist, the
employee shall be dismissed.

SECTION 19.7 Resignations.

a. Section 1.200 City Code. An employee may resign by
filing his reasons with the appointing authority. An
employee resigning in good standing may be reinstated
to any position in the same class if there is need
for his services within two years after the date of
resignation.

b. Rule 12.81 Personnel Rules. An employee resigning his
position should, whenever possible, give sufficient ad-
vance notice of his intension to enable the City to
make prOper provisions for the filling of his position.

c. Rule 12.82 Personnel Rules. All resignations must be
in writing and submitted to the appointing authority
who will forward the resignation to the City Manager.
The City Manager will notify the employee in writing
as to the acceptance of his resignation.

1. The proportion of his expended uniform allowance
which exceeds a similar proportion of the fiscal
year served. That is; if he has spent $100, and
he resigns January 1, his terminal pay will be re-
duced $50.00.

2. The porportion of city expense for special outside
department training during the current fiscal year
which exceeds a similar prOportion of the fiscal
year served. Provided that after an officer has
worked for 42 months, this provision does not apply.

3. In the case of an extended Special training program,
an assigned officer may be required to sign a pay
forfeiture agreement, under the terms of which his
terminal pay would be reduced if he resigns prior
to fulfillment of agreement terms.

SECTION 19.8 Records of the Personnel Board--Section I.
201 City Code.

The City Manager shall maintain adequate records of the
proceedings of the Personnel Board, and of his own offi-
cial acts, the examination record of every candidate, and
the employment record of every employee.

133

SECTION 19.9 Investigations and Hearings--Section I.
202 City Code. ‘

During the course of any investigation or hearings the
Personnel Board or the City Manager may request any em-
ployee of the city to attend and testify. Any employee
refusing to do so may be subject to disciplinary action
as provided in Section I. 193 of the City Code.

APPENDIX E

 

INTRODUCTION
EAST LANSING POLICE DEPARTMENT

EAST LANSING, MICHIGAN122

Herein are published the revised Rules and Regulations for
the information and Guidance of the members of the East
Lansing Police Department. The right is reserved, for the
good of the service, to amend or revoke any of the Rules
and Regulations or to make additions thereto from time to

time as circumstances may require.

The work of the Police Department consists of the preserva-
tions of the public peace and order, the apprehension of
offenders, the protection of persons and property under

the laws of the State, and the enforcement of the ordi-
nances of the City. For this purpose the Department is

endowed with legal authority.

Efficiency being the first rule of an Officer's demeanor,
all Officers are enjoined to know these rules and to con-
form to them in the performance of their duties. Officers
are reminded, too, that in the execution of their duties,
they act altogether for the public. The entire law regu-
lating the discharge of their office turns on this princi-

ple. Likewise, it is required that they exhibit no feeling,

 

122
This Manual was provided through the courtesy of

Chief Charles E. Pegg of the East Lansing, Michigan, Police
Department.

gym!"
3

136
except a zeal to enforce the law, and they should never
allow their emotions to move them to brutality, nor their
fear or sympathy to lead them to leniency. They shall
exercise no more force than necessary to effect their le-

gal purpose and duty.

Members of the Department will understand that no arbitrary
rules can be established which will embrace all possible
situations. In the general discharge of duty under our
laws and these Rules and Regulations, something must neces-
sarily be left to the discretion and sound judgment of the
individual. Nevertheless, all members are reminded that

they maylxarequired by vested authority or discretion.

All previous rules, regulations, and orders in conflict

herewith are hereby rescinded.

If, in any situation, these rules conflict with the General
City Personnel Rules, the City Personnel rules shall take

precedence.
LAW ENFORCEMENT CODE OF ETHICS

.As a LAW ENFORCEMENT OFFICER, my fundamental duty is to
serve mankind; to safeguard lives and property; to protect
the innocent against deception, the weak against oppression
or intimidation, and the peaceful against violence or dis-
order; and to respect the Constitutional rights of all men

to liberty, equality and justice.

 

137
I will keep my private life unsullied as an example to all,
maintain courageous calm in the face of danger, scorn, or
ridicule; develop self-restraint; and be constantly mind-
ful of the welfare of others. Honest in thought and deed
in both my personal and official life, I will be exemplary
in obeying the laws of the land and the regulations of my
department. Whatever I see or hear of a confidential na-
ture or that is confided to me in my official capacity
will be kept ever secret unless revelation is necessary

in the performance of my duty.

I will never act officiously or permit personal feelings,
prejudices, animosities, or friendships to influence my
decisions. With no compromise for crime and with relent-
less prosecution of criminals, I will enforce the law
courteously and appropriately without fear or favor, mal-
ice or ill will, never employing unnecessary force or

violence and never accepting gratuities.

I recognize the badge of my office as a symbol of public
faith, and I accept it as a public trust to be held so
long as I am true to the ethics of police service. I
will constantly strive to achieve these objectives and
ideals, dedicating myself before God to my chosen profes-

sion-—Law Enforcement.

 

 

138

DEFINITIONS

 

"EMPLOYEE"--When used alone shall include both
peace officer personnel and civilian employees of
the department, and any part hereof reading "Em-

ployees" shall also refer to both classifications.

"OFFICER"--When used alone shall mean peace offi-
cer personnel of the department (of all ranks in-
cluding special officers) and shall not include

civilian employees.

"COMMANDING OFFICER"--An officer appointed to the
rank of Lieutenant or higher or assigned by the

Chief of Police to act in such rank.

"SUPERVISORY OFFICER"--An officer appointed to
the rank of Sergeant, Detective or Corporal, or
assigned by the Chief of Police to act in such

rank.

"SUPERIOR OFFICER"--An Officer of higher rank,
than a specific officer.
The ranks in the East Lansing Police Department
in descending order are:

Chief of Police

Lieutenants

Detective Sergeants

Sergeants

139
Corporals and Detectives
Patrolmen
In such situations where two officers of the same
rank are concerned, the superior officer shall be
the one with the greater seniority in that rank un-
less the other officer has been assigned to be in

charge by a superior officer.

"GENERAL ORDER"--A written order issued by the Chief
of Police applicable to the Department as a whole or
to a division or bureau thereof, which establishes

a principle, policy or procedure concerning a given
subject and which shall be effective until revoked

by a subsequent order.

"SPECIAL ORDER"--A written order issued by the Chief
of Police applicable to the department as a whole,

a division or bureau thereof, or an individual
therein, which establishes a temporary principle,
policy or procedure on a given subject, and which
usually will be for a specified length of time.

When the length of time of a special order is not
specified, it automatically becomes inoperative
with the termination of the incident or situation

it relates to and which caused its' issuance origi-

nally.

140
"ADMINISTRATIVE INSTRUCTION"--A written order is-
sued by a commanding officer establishing a princi-
ple, policy or procedure concerning a given subject
not covered by a general or special order or a
manual and which is directed to employees under
the command of or within the responsibility of

the issuing officer.

"ORDER"--An instruction, either written or verbal,

issued by a superior officer.

"MANUAL"--A written series of administrative in-
structions, authorized by a general order and is-
sued in pamphlet form, detailing operational pro-

cedure concerning a specific subject.

"DEPARTMENTAL ORDER"--An inclusive term embracing
police regulations, general orders, special orders,

administrative instructions, and manuals.

"SHALL AND MAY"--Shall is mandatory and may is per-

missive.

"SHOULD"--Shou1d is advisory. Where used it is
intended that while the procedure is not mandatory,
it should be followed in the interest of the de-

partment.

141
"TENSE OF WORDS"--Words used in the present tense

shall include the future.

"PLURALITY OF WORDS"--The singular includes the

plural and the plural includes the singular.

PERSONAL CONDUCT AND DUTY REgyIREMENTS

ARRESTS, PRISONERS--SUSPECTS, CRIMINAL CASES
Arrest--Use of Force. Officers shall not use more
force than is reasonably necessary in making an

arrest.

Prisoners Property. Any property taken from pris-
oners shall be listed and recorded on the booking
form. Any and all property taken from prisoners
except that prOperty held as evidence or properly
confiscated, shall be returned to the prisoner

upon his release.

Prisoners--Treatment during detention. Prisoners
shall be treated in a fair and humane manner at
all times as provided by law. They shall not be
subjected to physical force other than as may be
reasonably required in subduing violence or assur-
ing detention. No officer shall strike a prisoner
or suspect except when reasonably necessary in the
prevention of an escape or in self defense, or in

the prevention of violence to another person.

142
Prisoners--Suspects--Safeguarding. Officer shall
be cautious in the arrest and detention of prisoners
or suSpects and shall take all necessary precautions
to prevent: (a) an escape; (b) the carrying of
weapons on the person of the prisoner after an ar-
rest; (c) injury to the prisoner or any other per-

son; or, (d) damage to property.

Prisoners--Suspects--Availability of weapons. Of-
ficers shall not place weapons, or objects adaptable
for use as weapons and capable of inflicting serious
bodily injury, or permit such weapons or objects to
remain unattended, in any location normally access-
able to a prisoner or suspect. This regulation
shall not apply to fixtures of furnishings which

are a part of the physical plant.

Prisoners--Suspects--Fema1es--Handling. Female

 

prisoners or suspects shall be touched only as
necessary in taking them into custody and in deter-
mining that weapons are not being concealed on
their person. This regulation shall not apply to

a female conducting a search of the person of a
female prisoner or suspect at the direction of an

officer.

Prisoners--Suspects--Fema1es--Transporting. Of-

ficers shall utilize the services of females to

143
assist in processing female prisoners or suspects
whenever possible and practical. A male officer
shall not talk to a female prisoner or suspect
alone in an interrogation room unless there is
visibility into the room through glass or an open

door.

Compromising Criminal Cases--Taking part in. No
officer shall interfere with the Courts, or for
personal gain or benefit use his official position
to make any arrangements for any person to excape

prosecution.

Criminal Information—-Revea1ing-—Prohibited. Em-
ployees shall not reveal any information in their
possession, however, obtained, which may enable
anyone (a) to escape detection, arrest or prosecu-
tion; (b) enable anyone to destroy evidence, or,

(c) to destroy or secrete stolen properties.

Withholding Criminal Information. Officers re-
ceiving or possessing facts or information rela-
tive to a criminal offense or case shall not re-
tain such facts or information because of improper
motives, desire for personal credit, or aggrandize-
ment, but shall immediately report such facts or
information in accordance with departmental pro-

cedures.

144
Prisoners--Suspects--Transactions with. No officer
shall buy or accept any article from any suspect or
prisoner, or from any associate of any suspect or

prisoner.

Prisoners--Bai1--Officer Posting. No officer shall
become bail for persons under arrest, without the

consent of a commanding officer.

Bondsmen--Arranging For. No officer shall recommend
any person or firms engaged in the business of fur-
nishing bail to any prisoner or person desiring bail

except for a member of his immediate family.

Attorneys--Arranging For. No officer shall recom-
mend any attorney to any prisoner or person in-

volved in a criminal or civil case of interest to
this department, except for a member of his imme-

diate family.

REWARDS--GRATUITIES

 

Solicitation--Acceptance. Employees shall not
solicit or accept rewards, presents, gratuities,
or compensation other than that paid by the city,
or as provided for by City Ordinance or Depart-
mental Order, for services performed in the line

of duty. Should any reward, gratuity, present or

145
unauthorized compensation come into an employees
possession he shall notify the Chief of Police

immediately.

Solicitation--§pecial Privileges. No employee
shall use his badge, uniform, identification card
or official position to solicit free admission to
places of amusement, discounts on purchases, or
other favors, except as expressly permitted in the
departmental orders. An officer may use his badge
or other official credential to obtain admission
to public gatherings when such use is in further-

ance of official duty.

Outside Employment.

 

1; A member of the Police Department shall devote
his whole time and attention to the service of the
department. He is expressly prohibited from en-
gaging in any other business, employment or occu-
pation during on or off duty hours, or while on
leave or furlough, unless approval has been granted
in writing by the Chief of Police.

2. Definition of outside employment. Outside em-

 

ployment includes the rendering of any services
for pay or renumeration from any source other than
the City of East Lansing for the performance of

Police Duties.

146

3. Definition of business activity. Business ac-

 

tivity includes participation in or affiliation
with any commercialized business activity, except
solely by investments, for purpose of financial
gain.

4. Members desiring outside employment. Members

 

of the department who desire to engage in outside
employment or business activity must request au-

thorization by submitting an application through

 

their supervisor to the Chief. The application

 

must give the following information: the nature
of employment or business activity; the nature of
dutires to be performed; the amount of time to be
devoted, including the number of hours involved
and the exact time thereof; whether the officer
submitting the request will be always available
for return to emergency police duty; the antici-
pated length of time such member expects to engage
in outside employment; and the reasons such member
considers it necessary to engage in outside em-
ployment.

5. Certain types prohibited. Requests for per-
mission to engage in outside employment or business
activity will not be granted when such employment
or business activity would be incompatible with

the employees status in the department or

147
inconsistent with the employees return to duty as
a police officer or in conflict with City personnel

rules.

CIVIL ACTIONS--BY OR INVOLVING EMPLOYEES

Civil Actions--Institution of. Employees shall not

 

institute any civil action arising out of or con- 5
3.!
nected with their official duties without first no-

tifying the Chief of Police.

- n L‘.) . Emil-I .uA

 

 

Civil Cases--Misuse of Position. Officers shall fij
not use their position with the department as a
means of forcing or intimidating persons to settle

a civil case involving the officer.

Civil Cases--Personal Injury Settlement. Employees

 

shall not accept or agree to accept anything as
payment for personal injury incurred in line of

duty without first notifying the Chief of Police.

Civil Matters-~Serving Papers. Officers shall not

 

serve papers in civil cases except as directed by

a commanding officer.

COURT APPEARANCES--OFFICERS

 

Court--Officers Personal Appearance. Officers
who normally work in uniform shall appear in all

Courts in uniform unless otherwise directed by a

148
commanding officer. All other members of the de-
partment shall appear in all Courts in conservative

clothing.

Court--Manner of Testifying. Officers in Court

 

shall avoid any indication of bias, prejudice, or
anger. They shall testify in a clear, concise, and a
distinct manner. Questions shall be answered di- 5’”?
rectly, promptly, truthfully, and without evasion.

Personal behavior shall be exemplary both while in

 

a
Court awaiting call and while on the witness stand. L

Court--Punctua1ity. Officers required to be in

 

Court by departmental order or subpoena shall be
prompt in attendance and shall remain until excused

by an authorized person.

COOPERATION WITH PRESS AND OTHER AGENCIES

 

Cooperation--Other public agencies. Officers shall

 

b

cooperate with all law enforcement agencies, other
city departments, and public service organizations,
and shall give aid and information to them as is

consistent with departmental orders.

Cooperation--Press. Officers shall extend full
c00peration to members of the press consistent
with departmental orders provided the prOper and

successful investigation or prosecution of a police

149

case is not thereby jeopardized. For information
regarding complaints under investigation, or for
information regarding serious accidents and/or
major incidents, members of the press should be
referred to a commanding officer. Any situation
which involves a question of relationship with
the press and which cannot be satisfactorily re-
solved by the officer shall be referred to a com-

manding officer.

DEPORTMENT

 

Deportment. Employees, whether on duty or off

 

duty, shall be governed by the ordinary and reason-
able rules of good conduct and behavior, and shall
not commit any act tending to bring reproach or
discredit upon the department or the City of East

Lansing.

Drinking3-Intoxicating Beverages. A member of the

 

department shall not drink intoxicating beverages
while on active duty, or while off duty to an ex-
tent that would make him unfit for duty. A member
shall not drink intoxicating beverages while wear-
ing his uniform or any part thereof. The odor of
intoxicants on the breath of a member reporting
for regulat duty, or while on active duty, shall

be deemed sufficient evidence that he is unfit for

 

150
duty and in violation of this rule, and he shall
be subject to dismissal or such other disciplinary
action as the Chief may direct.
This section shall not prohibit an officer in plain
clothes from consuming a reasonable amount of in-
toxicating beverages when necessary in connection
with the conduct of an investigation. In the event 5%
it becomes necessary for an officer to consume in- g A

toxicating beverages in the conduct of an investi-

 

gation, a written report shall be made to his com- b;

manding officer as soon as practicable.

Entering place where intoxicating beverages are
ggld, A member on duty or in uniform while off
duty shall not enter, either directly or indirectly,
any premises upon which intoxicating beverages of
any kind are sold or stored for consumption on the
premises, except in the immediate performance of a
specific police duty, in which event the member
shall promptly report such entry to the first su-
perior officer who arrives or to the officer in
charge of the station. For the purpose of eating
he may enter a restaurant licensed to sell beer

and wine only.

Intoxicating Beverages in Department Buildings.

 

No unsealed bottles of intoxicating beverages

151
shall be brought into or kept in any department
building or part thereof, or vehicle, except when

officially seized or kept for official purposes.

Intoxicants--In Uniform. No officer off duty and
in uniform, or in any part of uniform dress shall
drink any alcoholic beverages in public view or

in a place Open or accessable to the public.

Intoxicants--Off Duty. No officer while off duty

 

 

shall drink an alcoholic beverage to an extent fig
which renders him unfit to report for his next

regular tour of duty; or which results in the com-

mission of an obnoxious or offensive act which

brings or might tend to bring discredit upon the

department.

Smoking--In Uniform. Officers in uniform while
outside of automobiles or while on motorcycles
shall not smoke within view of the general public,
except while they are patrons in restaurants. An
officer in an automobile should not smoke in such

a manner as to attract public attention.

Smoking-—On Official Calls. Officers on duty,
either in uniform or plain clothes, when calling
at a residence or place of business shall not

smoke unless permission has been received.

152
Controversial Discussion. Officers on duty shall
not speak slightingly of any nationality, race or

religion.

Respect Among Officers. Officers shall treat other
members of the department with the respect due them

as fellow officers.

Courtesy. Employees shall at all times be courteous
and civil to the public and to one another. They
shall be quiet, orderly, attentive and respectful,
and shall exercise patience and discretion in the

performance of their duties.

Acts-—Statements by Officers. Officers shall not
perform any acts or make any statements oral or
written for publication or otherwise (a) which tend
to bring the department or its administrative offi-
cers into disrepute or ridicule; (b) which destruc-
tively criticize the department or its officers in
the performance of their official duties; (c) which
tend to disrupt or impair the performance of offi-
cial duties and obligations of officers of the de-
partment; (d) which tend to interfere with or sub-
vert the reasonable supervision or proper discipline

of officers of the department.

 

 

153

Amusement--Places of--Restrictions. Officers on
duty shall not enter any place of amusement except
when necessary in performance of duty or in making

periodic inspection.

Political Activity. Employees shall not engage

in any political activity; nor shall they engage

“ta—J
in political activities or services of any nature - '
during those hours they are employed by the Police
Department; nor shall City funds, supplies, prOp- j

erty or equipment be utilized in performing any
services of a political nature, nor shall they
take part in or contribute to a municipal politi-
cal campaign, serve as a member of any political
committee or organization active in a municipal
election, or campaign for or against any candidate
for election or nomination to City office; but
nothing in the foregoing shall be deemed to pro-

hibit attendance at a political meeting.

Organization Membership. Employees shall not be—
long to or participate in the activities of any
organization, association, society or other group,
the activities or purposes of which are subversive
in nature; or which in any way may adversely in-
fluence or control the work or service of such

employees in their official capacity.

154

Labor Unions--Officers--Membership. Officers shall
not hereafter be, or become members of any police
officers organization in any manner identified with
any trade association or labor union which admits
to membership persons who are not members of the

East Lansing Police Department.

Prior Claim on Police Duties. A member of the de-

 

partment is prohibited from affiliating with any
organization which shall in any way exact prior
consideration from him and prevent him from per-
forming full and complete police duty. A member of
the department who affiliates with any such organi-

zation shall be subject to dismissal immediately.

Public Talks. Officers shall secure the permission

 

of a commanding officer or the Chief of Police be-
fore attending a convention or filling speaking en-

gagements as a representative of the department.

Business or personal cards. Business or personal

 

cards which refer to the department shall be used by
officers only in connection with official business
and shall be limited to those provided by the de—

partment.

Department Keys. Employees shall obtain permission

 

from a commanding officer before having duplicates
made of any departmental key or before lending or
furnishing departmental keys to any person not em-

ployed by the department.

155
Badge--Police Credentials--Lending of. Officers

shall not use another officer's badge or official
police credentials without permission of a superior
officer; nor shall they knowingly permit any person
not a member of this department to use East Lansing
Police Department badge or official credentials at

any time.

Personal Aggrandizement--Advertising. Employees
shall not permit the use of their photographs or
names for advertising purposes; or by testimonial,
recommendation or other means participate in any
advertising scheme or enterprise related to or
based upon their employment with the department,

without the written consent of the Chief of Police.

Payment of Debts. Employees shall so arrange their
personal financial affairs that creditors and col-
lection agencies will not have to make use of the
offices of the City Manager, City Personnel Direc-
tor or Chief of Police for the purpose of making

collections.

ShOpping in Unifonm. Officers on duty in uniform
shall not shop extensively or carry large quanti-
ties of merchandise unless directly connected with
normal police activity or required in the line of

duty.

156

Records and Information--Restricted Use of. Em-
ployees shall not divulge to any person not con-
nected with the department information acquired

by reason of his employment if the information
might discredit or imperil the efficiency of the
department, unless required by law, departmental
order, or order of a commanding officer. Depart-
mental records and reports shall be exhibited only

in conformity with departmental orders.

 

Information--Misuse of. No employee shall knowingly
permit the misuse of any police information either

in his own interest or that of another person.

DUTY REQUIREMENTS--MISCELLANEOUS

 

Obedience--Laws and Orders. Employees shall obey

 

the laws of the United States, the State of Michi-
gan, Ordinances of the County of Ingham, and the
City of East Lansing, Departmental Orders and the

Lawful orders of Courts.

Obedience--Orders of Superior Officers. Officers
shall obey the lawful orders of a superior officer
at all times. Should an order conflict with any
order given previously by another superior officer
or with any department order, the officer to whom

such order is given shall respectfully call attention

157
to the conflict. If the superior officer, giving
such order, does not change it to eliminate the
conflict, the order shall stand and the responsi-

bility shall be the superior officer's.

Enforcement of Laws--Impartiality. Officers shall

 

enforce laws in a fair and impartial manner.

Unnecessary Interference--Private Business. Of-

 

ficers shall not interfere unnecessarily with the

lawful business of any person.

Truth--False Report. Employees shall not knowingly

 

make any false report, either verbal or written.

Bulletin Information--Know1edge of. Officers,

 

when on duty and immediately upon return from an
absence, shall acquaint themselves daily with in-

formation on the police bulletin boards.

Bulletin Boards-—Posting Information. Officers
shall secure permission of a commanding officer
before placing any material on a departmental
bulletin board, and placing of notices on the
bulletin board shall be in conformity with de-

partmental orders.

Address--Te1ephone--Change of. Employees shall

 

report any change of their telephone number or

 

158

address to the department as soon as possible after

the change becomes effective.

Duty-~Presence. Employees shall be present for
duty as scheduled unless absence is authorized by

competent authority.

Duty--Reporting For. Employees shall report for

 

duty at the time, place, in the attire, and with
the equipment by departmental orders or a superior
officer. Inability to do so shall be reported
prior to reporting time to the desk officer on

duty or their superior officer.

Duty--Signing Off. All officers, when going off
duty, shall notify the desk officer unless re-

lieved of such obligation by a superior officer.

Duty--Sleeping On. Officers shall remain alert

and awake during the time they are on duty. If
unable to do so, they shall report to their superior
officers who shall determine the proper course of

action to be taken.

Duty--Communications--Maintenance of. Officers

 

on duty, or when officially on call, shall be di—
rectly available to the department by normal com-

munication or shall keep their office, headquarters

 

159
or superior officer informed of the means by which

they may be reache if not immediately available.

Off Dutye-Service Requirements. Officers off
duty shall perform necessary police services in
the City of East Lansing whenever they are aware
of a serious criminal offense or a present threat

to life, safety or prOperty.

Off Duty--Response to Emergencies. Employees off
duty shall report for duty immediately upon re-
ceipt of and in compliance with the directions

given them at the time of notification.

Expenses--Departmental--Incurring. Employees
shall not knowingly and intentionally incur any
unauthorized departmental expense or liability ex-
cept when absolutely necessary under emergency

conditions.

Citizens--Directing. Officers shall comply when-
ever possible with requests by citizens for public
information. If necessary they shall direct such
perons to the nearest location where the informa-

tion may be obtained.

Citizens--Complaint of. Officers on duty shall be

attentive to reports and complaints by citizens

 

‘Eg;

IL.

160

and either give personal attention or refer them

to the proper person or agency.

Identification to Public. Officers on official

 

business shall upon request identify themselves

immediately by giving their names and diSplaying
their badges or official credentials unless such a
action is likely to jeopardize the successful com- é

pletion of a police assignment.

 

Reports--Submission Of. Officers shall submit EB

 

written reports as required by and in conformity
with departmental orders or instructions of a

superior officer.

Property--Personal Use of. Officers shall not con-

 

vert to their own use, or have any claim in any
found, abandoned or recovered property, or prOperty

held as evidence.

Moneys--Acceptance of. Officers shall not accept
money as bail or in payment of a fine except as

provided by law and departmental orders.

Correspondence--Official Stationery--Use of. Of-
ficer shall not enter into correspondence with any
persons concerning their official activities ex-

cept as provided by departmental orders; nor shall

161

they use departmental stationery or forms for any
purpose other than transaction of official business.
Any official correspondence shall be reviewed by
the Chief of Police or a commanding officer except
in cases of emergency. Copies of all official cor-

respondence shall be kept in the official files.

Time--Transfer of. Time accumulated by working
overtime, Court Appearance, sick leave, vacation
leave, or in any other manner is not transferrable

from one member to another.

Other Offenses for which Charges May be Preferred.
A.member of the department found guilty of violating a
rule or regulation, a provision of a general or a special
order, or who is convicted of a crime in a court having
criminal jurisdiction or who commits one of the following
listed offenses, shall be subject to reprimand, suspension,
forfeiture of pay, dismissal, or other penalty as the Chief
of Police may direct:

l. Cowardice.

2. Willful disobedience of rules or orders.

3. Being intoxicated.

4. Drinking intoxicating beverages while in uniform or
drinking intoxicating beverages while on duty without

the approval of proper authority.

 

10.
11.
12.
13.

14.
15.
16.
17.

18.

162
Entering a place where intoxicating beverages are
sold or kept, except as permitted by these rules and
regulations.
Entering a disorderly house or a place where illegal
commercial gambling is carried on unless in the per-
formance of police duties.
Mistreatment of a prisoner or other person.
Conduct unbecoming an officer, which shall include
any act or conduct not specifically mentioned in the

rules and regulations which tends to bring the depart-

 

‘ment into disrepute or reflects discredit upon the

individual as an officer.

Insubordinantion or disrespect to a superior officer.
Neglect of duty.

Inattention to duty.

General incompetence.

Sleeping on duty except as provided in these rules
and regulations.

Laziness.

Being absent from duty without permission.

Leaving post without proper relief or purpose.
Using coarse, profane or insolent language to a su-
perior officer, or member of the department, or to
any citizen.

Making a false statement of report.

19.

20.

21.

22.

23.

24.

25.

26.

27.

163
Neglecting to wear prOper uniform while on duty.
Accepting money or any other consideration for an
improper or illegal purpose.
Accepting any money, reward or gift of any kind from
any person arrested; or from any person in arrestee's
behalf while in custody; or from any person for ser—
vices rendered or pretended to be rendered as a mem- !
ber of the department without consent of the Chief

of Police.

 

Gossiping about any member of the department concern- é)
ing his personal character or conduct which is detri-
mental to such a member.

Publicly criticizing orders given by a superior of-
ficer.

Communicating or giving police information to any per-
son concerning the business of the department, which

is detrimental to the department.

Communicating or giving police information which may
aid a person to escape arrest, or to delay the appre-
hension of a criminal, or to secure the removal of
stolen or embezzled goods or other property or money.
Neglecting to pay a just debt incurred while in the
service of the department within a reasonable time.
Refusing to give name, badge number, or display iden-
tification card when requested, except when identifica-
tion as a police officer might jeopardize an investi-

gation.

IL.

164

28. Neglecting to properly record without unnecessary
delay all property taken from person arrested or
which is found or seized.

29. Unjustified use of a firearm.

30. Neglecting to report a member of the department known
to be guilty of a violation of any rule, regulation,
or order issued for the guidance of the department.

31. Ignorance of rules and orders.

32. Immorality.

CARE AND USE OF FIREARMS

Firearms--Display of. Officers shall not unneces-
sarily display any firearm in any public place and
shall not carelessly handle a firearm at any time.
"Dry Snapping" of a firearm in departmental quar-

ters shall be confined to the range.

Firearms--Discharge of--When Permitted. Officers
shall not discharge firearms in connection with
police duty except under the following circumstances:
1. At an approved range.

2. Killing animals seriously wounded or dangerous,

when other disposition is impractical.

In the following situations, when all other reason-
able means have failed.
3. In the defense of their own lives.

4. In the defense of another person's life.

 

165

5. To effect the capture of or to prevent the es-
cape or release of a person the officer has
reasonable cause to believe has committed a

felony.

Firearms--Dishcarge of--Fi1e Report. Any officer

 

who discharges a firearm accidently or intention-
ally while performing any police function shall

make a verbal report to the desk officer as soon
as circumstances permit and shall file a written
report with his superior officer forthwith before

going off duty.

Firearms--Cleaning or Loading--Restrictions. Of-

 

ficers shall not clean, repair, load or unload

firearms, except as noted below, any place in the
police building other than those locations speci-
fied herein. This restriction shall not apply to

sidearms when loading or unloading is ordered by

a superior officer for inspection purposes. Rifles,

shotguns, or other weapons which have been removed
from the firearms locker for temporary police pur-
poses shall be presented to a superior officer or
the desk officer for inspection before being re-

turned to the lockers.

Firearms--Weapons--Storage of. Officers shall not

 

place or store any firearms in the police building

except when the place of storage is locked.

166
Firearms--Se11ing--Restrictions. Officer shall not
lend, give or sell any firearms to any persons who

do not have a legal right to possess such firearms.

Automatic Weapons--Chemicals--Approval to Use. Of-
ficers shall not use sub-machine guns, gas or other
types of chemical weapons except with the approval
of a commanding officer and under the supervision
of a member of the department designated by the

commanding officer.

Ammunition--Replacement--Securing of. Officers
shall be issued normal replacement ammunition by
their superior officer. No ammunition for re-
placement purposes shall be obtained from the arms

locker except for emergency police conditions.

POLICE VEHICLES

 

Police Vehicles--Accidents. When a member is in—

 

volved in an accident while Operating a department
vehicle or as a pedestrian in the City Of East
Lansing, the Michigan State Police shall be re-
quested to conduct the investigation of the acci-
dent. If State Police Officers are not available

or such investigation is impractical, another police
agency shall be requested to conduct the investi-
gation. If no other police agency is available to

investigate the accident, the investigation shall

167
be conducted by a member of the department Of
higher rank than the member involved in the acci-

dent.

Police Vehicles--Injury Accidents. Any time a

 

department vehicle is involved in a personal injury
accident it shall be the responsibility Of the su-
pervisory Officer on duty to notify a commanding

officer immediately.

Police Vehicles--Insurance Report. Any employee

 

involved in an accident that results in damage to
City owned equipment, shall complete the required

reports for insurance purposes.

Police Vehicles--Defective Vehicles. Members opera-

 

ting department vehicles shall report any defects
to the desk officer and file the prOper form speci-
fying the defect or defects. The desk officer shall

thereupon notify the service garage.

Police Vehicles--Safe Operation. Members of the

 

department while Operating police vehicles shall

drive in a reasonable and prudent manner.

Police Vehicles--Radio. Police vehicles shall have

 

equipment furnished by the city as specified and

ordered by the Chief of Police.

168

Police Vehicles--Permit to Operate. All personnel
Of the Police Department shall carry at all times

a valid Operator's license.

Emergengy Vehicles--Passengers In. Officers Opera-
ting police vehicles On duty shall not permit pas-
sengers to ride except when necessary to accomplish
an essential police Objective or when authorized

by a commanding Officer, or in the absence of a

commanding Officer by the ranking officer on duty.

CARE AND USE OF DEPARTMENTAL PROPERTY
Departmental Property--Location--Moving. Employees
shall not move office equipment or furnishings out-
side Of the division to which the equipment is as-

signed without permission.

Departmental Property--Care of. Employees using

 

departmental equipment or prOperty shall be respon-

sible for its proper care and use.

Departmental PrOperty--Loss or Damage--File Report.
Employees shall promptly report in writing through
channels to their commanding Officer the loss of,
damage to, or unserviceable condition Of any de—
partmental prOperty or equipment issued for, or

assigned to their use.

169

DUTIES AND RESPONSIBILITIES OF THE RANKS

AND DEPARTMENTAL ORGANIZATION

General Responsibilities Of Officers and Employees. It

shall be the duty and responsibility of each Officer and

employee to fulfill to the greatest extent possible the

functions of the police department and the bureau, division,

or unit to which he is assigned, and to perform any duty

assigned by a superior Officer.

Individual responsibilities of Officers. Each Officer of

the department is individually responsible for:

A.

B.

The
The
The
The
The
the
The
The

The

prOper execution of assigned duties.

prevention Of crime.

suppression of crime.

enforcement of the laws.

arrest Of Offenders, depending upon the nature of
Officer's specific assignment.

maintenance of proper public relations.
maintenance of discipline.

adherence to rules, regulations, orders and depart-

mental procedures.

The

enforcement Of rules, regulations, orders and pro-

cedures among subordinates.

The

reporting promptly through channels Of develOpments

that may affect public or official relations in an ad-

verse manner .

K.

L.

170
The initiating of police action when necessary.
PrOper care and use Of departmental equipment, supplies,

and vacilities.

Responsibilites of Supervisory Officers. Each supervisory

Officer, in addition to the general and individual respon-

sibilities of each Officer and employee, shall be respon-

sible for:

A.

The detailed inepection of all activities Of employees
under his supervision.

An intimate knowledge of the duties and responsibilities
of his subordinates.

PrOper performance of duties, and adherence to policies
and procedures by each member Of his unit.

The enforcement of rules and regulations among members
of his unit.

Working as closely with his subordinantes as time and
area permit.

Providing leadership in carrying out police activities.
Coordinantion of effort when more than one employee

is involved, and the assignment of duties.

Functional supervision Of employees not being directly
supervised.

Detailed training on the job as necessary to insure
efficient Operation by subordinates.

The effective Operation of his unit.

K.

171
Providing command to members of his division as neces-
sary in the absence of divisional command or a ranking

Officer.

Responsibilities of Commanding Officers. Each commanding

officer, in addition to the general and individual respon-

sibilities of each Officer and employee, shall be respon-

sible for:

A.

The direction and control of personnel under his com-
mand.

The maintenance of discipline of members of his com-
mand.

Proper performance of duties and adherence to policies
and procedures by each member of his command.

The enforcement Of rules and regulations among members
of his command.

Providing supervision and command to members of other
divisions as necessary in the absence of divisional
command.

The discharge Of detailed divisional responsibilities.
The prOper condition and maintenance Of quarters as-
signed to his division.

The proper maintenance, use and Operation of equipment,
supplies and materials assigned for division use.

The prompt initiation of employee, supervisory or ad—
minsitrative action when necessary to fulfill a func—
tional responsibility of the department or division

when such action is not otherwise being taken.

172
J. The effective Operation of his division or unit.
K. Providing continuation of command and or supervision
in his absence.
L. Preparation of correspondence pertaining to activities

Of the division.

FUNCTIONAL RESPONSIBILITIES OF THE POLICE DEPARTMENT

The functions Of the police department are: (a) the main-
tenance of law and order in the city; (b) the enforcement
in the city Of all laws of the United States, the State of
Michigan and all ordinances Of the City, except when en—
forcement by law, ordinance or the Charter of the City is
made the reSponsibility of another officer or department,
or when such enforcement is the responsibility of a state
or federal agency or state or federal officers; (c) the
administration of the city jail and the care, custody and
control of prisoners; (d) the administration and perform-
ance of such other functions as may be assigned by the City
Manager or prescribed by ordinance or applicable state or

federal law.

The Chief of Police, subject to approval of the City Man-
ager, shall organize and maintain such divisions within

the Police Department as in his judgment may be required.

The Police Department is organized into three major units

with subunits as indicated:

173

ADMINISTRATIVE DIVISION--UNITS

A.

B.

Chief of Police

The Commanding Officer of the Detective Di-
vision; and the Commanding Officer of the
Uniform Division shall each act in an admin—
istrative capacity and assist the Chief of

Police pursuant to his directions.

DETECTIVE DIVISION--UNITS

A.

B.

C.

D.

E.

G.

H.

Investigation

Youth Bureau

Identification

Photo Lab

School safety education

Records bureau with exception of traffic
records

Security Of evidence and property

Criminal warrant service

UNIFORM DIVISION--UNITS

A.

B.

C.

D.

Patrol units

License Bureau (Operators, Bicycle, Taxi, etc.)
Traffic Law Enforcement

Traffic Records

Traffic Warrant Service

Department Communications

174

FUNCTIONAL RESPONSIBILITIES OF THE DIVISIONS

 

ADMINISTRATIVE DIVISION

 

Administered by the Chief of Police (assisted by
the Commanding Officer of the Detective Division
and the Commanding Officer Of the Uniform Division
under the direction of the Chief of Police).

Function: TO set Objectives for the department;

 

make plans; develOp procedures; organize and re-
organize; provide for staffing and equipping the
department; adopt rules and regulations for the
administration, discipline, equipment and uniforms
of the members and officers Of the department, af-
fixing powers and duties, and prescribing penalties
for violations of any such rules and regulations,
and providing for enforcement thereof; inspect and
recommend promotion of personnel, coordinate ef-
forts and relationships, establish policies, re-
port on departmental activities or accomplishments;
maintain good public, employee and official rela-
tions; present the departmental budget; provide
general administration of the department; and in-
form the City Manager Of incidents or develOpments
that may affect public or official relations in an
adverse manner.

The administration division shall provide for ade—

quate training of department personnel.

175

UNIFORM DIVISION

 

Administered by the Lieutenant of the Uniform Di-
vision who is responsible to the Chief of Police
and who is assisted by Sergeants and Corporals as
assigned.

Function: To patrol the streets of the city; Ob-

 

serve and investigate persons, situations or things
which require attention and which affect enforce-
ment of law or prevention of crime; preserve the
peace; protect life and property; control public
gatherings; perform miscellaneous services rela-
tive to public health and safety; examine doors

and windows of commercial establishments; receive
and process complaints by citizens; arrest Offend-
ers; prepare reports and testify in Court; inves-
tigate traffic hazards and initiate remedial meas-
ures; analyze collision reports; prepare and main-
tain charts and summaries for use by the uniform
division in maintaining a selective enforcement
program; conduct specialized traffic surveys and
studies and prepare reports for the Chief of Police,
City Manager of others as directed; COOperate with
the traffic engineer in developing engineering
plans for the solution of traffic problems; fur-

nish traffic control at special functions.

176

DETECTIVE DIVISION

 

Administered by the Lieutenant of Detectives who

is responsible to the Chief Of Police, and who
provides direct supervision over members of the
Detective Division.

Function: To coordinate criminal investigations

by uniform division Officers and investigate as
necessary all criminal Offenses and all situations
which may become criminal in nature for the pur-
pose Of apprehending, interrogating and prosecuting
Offenders, and recovering stolen property; inter-
rogate arrested persons referred by the uniform
division; investigate or arrest persons wanted for
criminal Offenses by other jurisdictions; maintain
investigative liaison with other police agencies;
supply information to merchants regarding criminal
activities so as to aid merchants in the prevention
of loss; to supply information necessary for ef-
fective uniform division Operations in matters of

interdivisional interest.

A. General Investigations.

Function: To prevent gambling, prostitution or
illegal sale or use of narcotics and alcoholic
beverages; prevent other forms Of commercialized

vice; give particular attention to places where

177

commercialized Vice may be conducted and take all
legal means to arrest any Offender who may be en-
gaged in such commerce; to investigate complaints

of larcenies, burglaries, robberies and assaults.

B. Security and Frauds

Function: To investigate matters relating to
national security; to maintain investigative liai-
son with outside departments, including state and
federal agencies; to investigate cases of fraud,

including bank check offenses.

C. Juvenile--Youth

 

Function: To develOp police programs dealing with
juvenile control and delinquency prevention; dis-
pose Of all cases involving juveniles as prescribed
in departmental orders; maintain cooperative re—
lationships with other agencies concerned with
juvenile matters; present cases in court; coordi-
nate with other divisions of the department working
with juvenile cases; provide individual treatment
in the disposition Of juvenile offenders; provide
for adequate consultation services in cases involv-
ing women and girls; to investigate sex Offenses
involving women and juveniles; COOperate with the
public and parochial schools and other agencies in
safety education; supervise the safety patrol ac—

tivities of the city.

178
D. Identification
Function: To provide identification services, in-
cluding fingerprinting, photography, maintenance
of fingerprinting, identification and photograph
files, examine crime scenes for identification and

evidence and provide other technical services.

E. Warrant

 

Function: To serve criminal warrants on persons

 

residing inside or outside the city, to serve cer-
tain criminal subpoenas on persons living inside

or outside the city, to arrange for the extradition
and return of persons apprehended in other juris-

dictions on criminal warrants of the department.

 

 

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