Code of Conduct and Appearance
Policy text
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Source file: 4.11 Code of Conduct and Appearance.pdf. Policy dates appear on the original cover. Page links use the PDF's page order.
M.G.L. links open the Massachusetts Legislature’s website. Citations with no matching section open the cited chapter directory.
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Policy & Procedures No. 4.11
Subject:
Code of Conduct and Appearance
Issuing Authority: Effective Date: Review Date:
Chief of Police 10/13/2012 11/10/2023
Review Date:
Review
Revision 01/01/2014
Reissued 02/12/2016
Dates: 02/15/2018
03/16/2020
01/10/2022
CALEA STANDARDS
26.0.3 12.1.3
26.1.1 22.3.4
Code of Conduct, Duties, and Responsibilities
Effective discipline is a positive process when the perceived purpose is to
Purpose train or develop. Among the processes those of which have an impact on
discipline in a law enforcement agency are selection, training, direction,
supervision, and accountability. These elements are interdependent and a
weakness in any one is damaging to effective discipline.
Standards in this chapter reflect a “systems” approach to discipline. However,
many of the standards bearing on a disciplinary system are included in other
chapters including those relating to selection, training, and direction.
Therefore, this chapter focuses on the accountability component of the
disciplinary system. This policy should be read in conjunction with Policy
#1.49, Professional Conduct.
The following Code of Conduct Rules and Regulations (located on the I-
Policy Drive) will be adhered to by all members of the Canton Police Department.
Members shall include all sworn personnel as well as all civilian personnel
for whom these standards are consistent with their positions, duties and
functions within the department. 26.0.3 (1-4)
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Professional Responsibilities
The primary objective of the Canton Police Department is to provide the
highest possible level of safety, security and service to the community.
To accomplish this objective, the professional responsibilities of the Police
Department, within their area of jurisdiction, include the following functions:
• The protection of life and the safeguarding of property;
• The prevention and control of crime;
• The investigation of crime, the apprehension of criminal offenders and the
recovery of stolen property;
• The preservation of peace and the maintenance of good order;
• The enforcement of all laws both state and local;
• The immediate response to all emergencies and to all persons therein who
are in need of aid or assistance, which may be appropriately provided by the
department;
• The performance of such other services required by the department, as
determined by the Chief of Police, with the approval of the Town Manager;
• The advancement of a cooperative relationship within the community;
• The creation of a sense of safety and security for the entire community
through vigilant preventive patrol; and
• The accomplishment of all police objectives within the law and the
constitutional guarantees of all citizens.
Conflict of Interest
Since the position of a police officer is a public trust, it is imperative to avoid
any situation involving a conflict of interest whether in fact or in appearance.
Special areas of concern include certain kinds of outside employment;
financial transaction with units of government or others; memberships in non-
police unions; activities in partisan politics; and the use of an official position
to secure unwarranted privileges, pecuniary advantage, or preferential
treatment.
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Gifts and Gratuities: Department employees shall not under any
circumstances seek, solicit, or accept any gift, gratuity, loan, reward or fee
where there is any direct or indirect connection or the appearance thereof
between the solicitation or acceptance and their Departmental membership or
employment, except as may be allowed under department policy or
specifically authorized by the Chief of Police.
Accepting gifts or gratuities in an aggregate value exceeding $50 is prohibited
under regulations promulgated by the State Ethics Commission.
Any unauthorized gift, gratuity, fee or reward coming into the possession of
any officer shall be forwarded to the Chief of Police, together with a written
report of the circumstances connected therewith.
Membership in Organizations: Employees of this department shall not
affiliate with or become a member of any organization if such affiliation or
membership would in any way impede or prevent the effective performance
of their duty.
Outside Employment: Prior to accepting any outside employment, an
employee of the department shall obtain permission from the Chief of Police.
Engaging in outside employment is subject to the following conditions:
22.3.4 (A-D)
• Such employment shall not impair the efficiency of the officer or the
operation of the department;
• Such employment shall not affect the officer’s independence of judgment or
action in the performance of police duties;
• Such employment shall not bring the officer, the department or town into
discredit. All officers engaging in outside employment shall clearly
understand that their primary obligation is to the department and the
community they serve.
Outside employment also shall not give the appearance of any of the above or
involve a conflict of interest and may be reviewed and revoked by the Chief of
Police.
Political Activities: Participation in political activities while in uniform or
on duty is prohibited. In uniform includes wearing or displaying the
department patch, logo, emblems or identifying marks. All actions which
could even give the impression that employees are using their official position
to influence the electoral process are prohibited. An employee of the
department shall not be required to solicit or be obliged to make contributions
in money, services, or otherwise, for any political purpose as a result of
employment or as a condition thereof.
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Testimonials and Presents: No employee of the department shall collect
or receive any money or other thing of value from any source for the purpose
of presenting it to any active officer of the department unless specific
permission is granted by the Chief of Police.
No officer of the department shall seek or accept such present without the
permission of the Chief of Police.
Un-Authorized transactions: Department employees are prohibited from
entering into any transactions of material value at substantially lower than fair
market value, or the value at which such goods or services are being
offered to the general public, when such transaction takes place between
themselves and any person entering into any transactions of material value at
substantially lower than fair market value, or the value at which such goods or
services are being offered to the general public, when such transactions takes
place between themselves and any person involved in any matter or case
which arose out of their employment with the department, except as may be
specifically authorized by the Chief of Police.
Use of Official Position: Department employees shall not use their official
position, department identification cards or badges for;
• Personal or financial gain;
• Obtaining privileges not otherwise available to them except in the
performance of duty; or
• Avoiding consequences of illegal acts.
Employees shall not lend to another person any department equipment, their
identification cards or badges or any other or permit them to be photographed
or reproduced without the approval of the Chief of Police. Employees shall
not authorize the use of their names, photographs, or official titles, which
identifies them as police officers, in connection with testimonials or
advertisements for any person, commodity or commercial enterprise, without
the approval of the Chief of Police.
Required Conduct 26.0.3 (5)
In addition to the specific duties of each individual rank and assignment, the
following provisions are applicable to all employees of the department in so
far as they pertain to their particular functions and responsibilities.
Arrest: Whenever possible, arrest shall be made under the authority of a
valid arrest warrant. When necessary, arrests without warrants shall be made
in accordance with the law and prescribed departmental procedures. All
constitutional and statutory rights shall be provided to all arrested persons at
time of arrest and immediately thereafter.
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Assistance Furnishing: Officers shall furnish police assistance in the
most expeditious manner possible to all persons making such request,
consistent with their police duties and assignments. They shall assist and
cooperate with all other law enforcement agencies, provide them with any
such authorized information they are entitled to receive, and submit a report
on all such action taken.
Awareness of Activities: Upon returning to duty from any period of
absence, all employees shall inform themselves about all new orders,
regulations, memoranda and all other matters governing their assignments.
Each officer shall familiarize themselves with all the laws, statutes, and
regulations necessary for the proficient execution of his/her duty as a police
officer.
Care and Security of Firearms: All officers shall maintain their firearms
in good working order at all times and report any damage, loss, or
unserviceable condition immediately to their supervisor. All officers shall be
personally responsible for the security and safekeeping of their service
weapons and any other issued weapons at all times. S/he shall not alter or
repair any part of their service firearm without the approval from the Chief of
Police or a certified weapons instructor.
Civil Disputes: All officers shall take a neutral position in any dispute of a
civil nature, acting only to prevent or control any breach of the peace that may
arise.
Civil Suits for Personal Injury: Employees shall not seek in any way, nor
accept from any persons, money or compensation for damages sustained or
expenses incurred by them in the line of duty without first notifying the Chief
of Police in writing.
Members or employees shall notify the Chief of Police in writing of any
intent to seek, sue, solicit, or accept compensation for such illness or injury.
Notice shall be filed before the action is taken. It shall include the facts of the
claims and the name of the defendant(s).
The Chief of Police shall be kept informed of the status of the case at each step
of the judicial process and the final court determination.
This provision shall not apply to private insurance policies held by officers for
which premiums are not paid in part or whole by the town.
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Confidential Investigations: Any necessary confidential investigations
shall be conducted only with the specific authorization of the Chief of Police
and under his/her direction guidance and control.
Communications Departmental: All employees shall transmit all official
communications promptly, accurately and completely to other officers of the
department, as required; and shall immediately inform their supervisor of any
matter of police importance coming to their attention during their work shift,
or otherwise. They shall call to the attention of their relieving officers any
information regarding unresolved problems or problems that may arise during
the next shift of which they are aware.
Courtesy: All employees shall be courteous and considerate to the public, to
their superior officers and to their fellow officers of the department. They
shall be tactful in the performance of their duties and are expected to exercise
the utmost patience and discretion even under the most circumstances.
Defects in Roadways, Buildings, Etc.: Every officer shall observe and
forthwith report to the Communications Center any defects, obstruction or
nuisance in a roadway or other town area which may cause a hazardous
condition or create a civil liability upon the town.
Appropriate notification shall be made to the dispatching officer for more
remedial action where necessary and a log entry made reflecting that this has
been done.
Duty, Attention To: Employees shall at all times be alert and vigilant in the
performance of their duties and respond prudently, but decisively, when
police action is required. The conspicuous use of a cell phone in a public
place that gives the impression of inattentiveness is prohibited.
Duty, Devotion To: All employees, while on duty, shall devote their full
time and attention to the service of the town. They shall remain awake and
alert at all times while on duty.
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Duty, Reporting For: All department employees shall report for duty
promptly at the time and place required by their assignment or as otherwise
directed by the Chief of Police or their Supervisor. They shall be properly
uniformed and suitably equipped, ready to assume their duties immediately.
While on duty, they shall not absent themselves from duty without the prior
permission of their supervisor.
Employees unable to report to duty because of sickness or injury shall notify,
or cause to be notified, the Shift Supervisor as early as possible on the first and
subsequent day of absence. At the conclusion of their tour of duty, officers shall
report off duty at the time and place required be their assignment or as
otherwise directed by the Chief of Police or their supervisor.
Firearms, Use of: Officers authorized to carry firearms shall comply with
all provisions of Department Policies: Use of Force and Authorized Weapons.
Home Address and Telephone: All employees shall have a telephone in
their place of residence, and report change of address or telephone number to
their Supervisor within 24 hours of such change.
The home telephone numbers or home addresses of officers shall not be given
out to anyone outside of the department without authorization from the officer.
In the event of an emergency request, the telephone number will be called by
police personnel, with a notification to call the person making the emergency
request.
Identification, Personal: All employees shall, properly identify
themselves to any person requesting this service by showing their department
ID card while they are on duty except; when the withholding of the
information is necessary for the performance of police duty, when it might
jeopardize the physical safety of a department member, or when authorized
not to do so by proper authority.
Knowledge of Community: Every employee shall be thoroughly familiar
with the town including its roadways, buildings, offices, etc., in order to be
able to provide accurate information to the public upon request and to be
prepared to respond swiftly and effectively to any part of the town in an
emergency.
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Leaving the Town: Whenever it is necessary, in the performance of duty,
for an officer to leave the town limits, s/he shall request permission from
his/her supervisor prior to leaving and advise him/her on return. If an
emergency prevents following this procedure, s/he must contact his/her
supervisor as soon as possible.
Line of Duty Disability: Any injury, illness or disability incurred in the
line of duty, shall be reported in writing, as soon as possible, by the officer or
employee concerned to his/her supervisor for the attention of the Chief of
Police. Final disposition as to line of duty injuries, illnesses or disabilities
shall be made by the Chief of Police after consultation with a physician. In
each case of illness, injury, or disability incurred in the line of duty, no
officer/employee shall be returned to full duty until his/her ability to be
placed on full duty status is certified by proper medical authority.
Mutual Protection: All officers shall come to the immediate aid, assistance
or protection of fellow officers who, in the performance of their duties,
require such aid and assistance.
Paid Details: M.G.L. c44 § 53c, requires that all payments for paid details
must be channeled through the Treasurer’s Office. No officer shall accept
compensation directly from such private employers for paid details.
Parking Enforcement: Parking of vehicles within the town shall be
enforced efficiently and effectively in conformity with current State Laws,
Town By-Laws and Departmental Rules/Regulations or Policy/Procedures.
Personal Appearance: All officers and uniforms shall be neat and clean in
appearance while on duty, whether in or out of uniform, and they shall
maintain police quarters, lockers, desks, and vehicles used by them in a neat,
clean, orderly condition. 26.0.3
Personal Relationships: All employees shall be considerate and polite at
all times to all department personnel and maintain good relationships with
their supervisors and their fellow employees in a spirit of mutual concern for
their common objective.
Physical or Psychological Exams: An employee shall submit to a
physical health, physical fitness, medical or psychological examination, at the
expense of the Department, when ordered to do so by the Chief of Police.
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Physical Fitness: All employees shall maintain good physical condition
and mental alertness in accordance with standards set by the Chief of Police.
All officers are expected to keep themselves as physically fit as their age
permits and the nature of their duties require.
Property, Care and Custody of: All property, including money, which
comes into an officer’s custody while on duty, whether lost or stolen,
confiscated, abandoned, turned into the department or taken from a detainee,
shall be suitably recorded and safely secured in accordance with Department
policies and procedures.
Public Appearance: All requests for public appearance or speaking
engagements by employees regarding department operations or policies shall
be submitted to the Chief of Police for approval. Officers who are approached
directly for this purpose shall suggest that such requests be forwarded to the
Chief of Police.
Searches and Seizures: Any necessary and required searches and
seizures shall be conducted in accordance with law and all prescribed
Department Policy, Search and Seizure, under the specific direction and
guidance of the Chief of Police.
Trials and Hearings: All officers concerned with cases before the courts
shall be punctual in attendance and neat in appearance. All officers shall have
facts of the case in which they are concerned properly prepared and ready for
presentation at the time of the hearing.
Truthfulness: An officer shall truthfully state the facts in reports, as well as
when he/she appears before any judicial, departmental, or other official
investigation, hearing, trial, or proceeding. S/he shall cooperate fully in all
phases of such investigations, hearings, trials, and proceedings.
PROHIBITED CONDUCT 26.0.3 (5)
The following acts, actions, or activities by department officers are prohibited
and/or restricted:
False Payment of any Kind: All employees are prohibited from
submitting a false or fraudulent claim of hours worked for payment. 26.0.3
(6.)
Conduct Unbecoming an Officer: The omission of any required act, or
the commission of any specific act or acts of immoral, improper, disorderly or
intemperate personal conduct, or any action or inaction, which reflects
discredit upon the officer him/herself, upon his/her fellow officers, upon the
department or upon the town.
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Criminal Conduct: Employees shall not commit any criminal act (felony or
misdemeanor), or violate the regulatory or criminal laws or statutes of the
United States or of any state or local jurisdiction (by-law/ordinance), whether
on or off duty. 22.3.5(b)
Assault and Battery on a Detainee: Any Law Enforcement Officer who
commits an assault and battery on a person in their custody or control will be
charged under MGL Ch. 265-13H1/2. 26.0.3 (7)
Defendants/Suspects, Communication With: An officer shall not
recommend any course of legal action or hypothesize on the possible outcome
of any judicial or administrative proceedings with a criminal defendant or
suspect, or otherwise assist or feign assisting a defendant or suspect in any
manner without the approval of the Chief of Police or the court.
Department Property, Abuse Of: Intentionally or negligently abusing,
misusing, damaging or losing department property or equipment.
Department Telephones: Department telephones are not to be used for the
transmission of personal messages, without the existence of urgency, or the
permission of the Shift Supervisor.
Discourtesy: Being rude impolite, contemptuous or insolent to a superior
officer, to a fellow officer or to a member of the public.
False Information on Records: An officer shall not make or submit any
false or inaccurate reports or knowingly enter or cause to be entered into
any departmental books, records or reports, any inaccurate, false or improper
Information.
Feigning Illness or Injury: An officer shall not feign illness or injury,
falsely report him/herself ill or injured, or otherwise deceive, or attempt to
deceive, any superior officer as to the condition of his/her health as it relates
to the performance of his/her duties.
Improper Association: Employees shall avoid regular or continuous
associations or dealings with persons whom they know, or should know, are
persons under criminal investigation or indictment, or who have a reputation
in the community or the department for present involvement in felonious or
criminal behavior. The exception will be, when necessary to the performance
of official duties, with the knowledge and approval of the Chief of Police, or
where unavoidable because of family relationships of the officers.
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Incompetence: An employee shall maintain sufficient competency to
perform his/her duty and to assume the responsibilities of his/her position.
Incompetency may be demonstrated by, but is not limited to the following:
• A lack of knowledge of the application of laws or regulations required to be
enforced;
• An unwillingness or inability to perform assigned tasks;
• A failure to perform to work standards established for the officer’s rank,
grade, or position; and
• Repeated poor evaluations or repeated infractions of the Rules and
Regulations/Policies and Procedures.
Incurring Departmental Liability: An employee shall not incur a liability
chargeable to the department without the prior knowledge and consent of the
Chief of Police. This means nothing will be charged to the department
without the Chief’s permission, or in his/her absence the approval of the
appropriate Division Commander or in his or her absence the Officer In
Charge.
Insubordination: Failure or deliberate refusal by any employee, sworn and
civilian, to obey a lawful order given or issued by a Superior Officer or the
Shift Supervisor. This includes any order relayed from a superior officer by
an employee of the same or lesser rank. 12.1.3
Intoxicating Beverages or Drugs, Use Of: No employee shall, while
on duty, consume any intoxicating beverage, except with the specific
approval from the Chief of Police or a Superior Officer;
• Shall not, while on duty, use any narcotic, controlled substance or other
toxic drug except at the direction of a physician for a specific health
purpose; (In any case where it is necessary to take any such drug on the
advice of a physician, such officer shall notify his/her supervisor upon
reporting for duty and be guided by his/her decision as to fitness for duty.)
• Shall not report to duty under the influence of intoxicating liquor or under
the influence of any narcotic drug or controlled substance unlawfully
administered;
• Shall not report for duty with the odor of intoxicants on his/her breathe.
• Shall not, while off duty and while wearing any identifiable part of his/her
uniform, drink any intoxicating beverage.
Letterhead, Department: Employees shall not use the department
letterhead for private correspondence or for sending official correspondences
out of the department without the permission from the Chief of Police.
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Mailing Address: Employees shall not use the department as a mailing
address for private purposes without permission from the Chief of Police. At
no time will the department be used as a mailing address for the purposes of a
motor vehicle license or registration.
Neglect of Duty: Being absent from assigned duty without leave; leaving
post or assignments without being properly relieved; or failing to take suitable
and appropriate police action when any incident requires police attention or
service.
Notices, Department: Altering, defacing, or removing without permission,
any official posted notice on the department bulletin boards. No notice shall
be posted on the department boards or other department property without
permission from the Chief of Police, except in accordance with the current
collective bargaining agreement.
Official Information, Dissemination: Department members shall treat
the official business of the department as confidential and shall conform to
the guidelines set forth by department policy.
Personal Business: Employees while on duty or in uniform shall not
conduct any personal business, purchase any alcoholic beverages or purchase
and carry any conspicuous amounts of merchandise, unless required in the
performance of duty.
Recommending Private Services: An employee shall not officially or
unofficially recommend or suggest to the public, the employment or purchase
of any particular professional or commercial service or product.
Public Statements: No employee shall make, publish or issue any
derogatory, discreditable or disparaging public statements concerning the
department or its officers, which might tend to undermine the efficiency of
department operations and/or morale of its membership.
Recommendation for Disposition of Cases: An officer of the
department shall not make recommendation to defense or prosecutors for the
disposition of any case pending in the courts without the knowledge and
consent of the Chief of Police.
Smoking: Conspicuous smoking in public view while on duty in uniform is
prohibited. There shall be no smoking allowed in any departmental vehicle or
in the police department building. This applies to those hired before Jan. 1,
1988 as well.
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Undue Influence: An employee shall not seek to obtain the influence or
intervention of any person outside the department for purposes of personal
preference, advantage, transfer or advancement.
Unnecessary Force: The use of more physical force than that which is
necessary to accomplish a proper police purpose is strictly forbidden. Officers
shall use force only when required in accordance with the law and
Department Policies and Procedures.
Warrants or Complaint for Assault: An officer shall not make
application for a warrant or complaint that s/he was assaulted while in the
performance of police duty without first reporting the facts to the Chief of
Police and/or the Department Court Prosecutor.
Wearing of the Uniform: An employee shall not wear any identifiable part
of his/her uniform outside of the Town of Canton, except while in the
performance of official duty or with the permission of the Chief of Police.
26.1.1
Withholding Evidence: An officer shall not fabricate, withhold or destroy
any evidence of any kind.
Discipline
- Officers of the Department are subject to disciplinary actions by statue
(M.G.L. c. 31 sec. 43) and such other less severe measures deemed
appropriate by the Chief of Police such as letters of reprimand. Procedural
requirements regarding notice and hearings shall be observed.
- Statutory provisions provide for review before the Civil Service Commission
(M.G.L. c 31 sec. 43b) and thereafter before the state courts (M.G.L. c 31 sec.
43d). Probationary officers having less than one years’ service charged with a
violation of prohibited conduct are subject to discharge without right to a
hearing or appeal under the provisions of M.G.L. c31.s 20D.
- Civilian employees of the department are subject to the same disciplinary
actions as officers of the department. Disciplinary actions which may be
imposed range from a letter of reprimand to discharge from the department.
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