Professional Conduct
Policy text
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Source file: 4.28 Professional Conduct.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. 4.28
Subject:
Professional Conduct
Issuing Authority: Effective Date: Review Date:
Chief of Police 12/05/2023
References:
Review
Revision
Reissued
Dates:
CALEA STANDARDS: 12.1.3 22.3.4 26.1.1
I. BACKGROUND
Professionalism, ethics, and integrity are of paramount importance in law enforcement.
Employees of a police department, by the very nature of their mission, often encounter
people in embarrassing and sensitive situations or circumstances. To achieve and
maintain the public's highest level of respect, we must hold to high standards of conduct
and appearance, whether on or off duty, and safeguard the information that we collect in
connection with our official duties. An employee's actions must never bring the
Department into disrepute, nor should conduct be detrimental to its efficient operation.
II. POLICY
It is the policy of the Canton Police Department that all employees hold themselves to a
high standard of professionalism and appearance at all times while on or off duty.
Officers will adhere to the procedures below in maintaining their professional
responsibilities to the department and the town of Canton.
III. PROCEDURES
A. Uniforms & Appearance
1. All employees shall wear such uniforms, equipment, and insignia of rank
as the Police Chief or their designee may, from time to time, prescribe. A
professional, uniform appearance fosters teamwork and espirit de corps.
Employees should present professional appearance to the public at all
times and reflect a positive image as members of the Department. The
uniform identifies the employee and makes them readily accessible to the
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citizen. It is, therefore, vital that the employee maintain a neat and clean
appearance, and that the uniform serves as an appropriate introduction to
the members of the community. Certainly, exceptions may be authorized
for undercover assignments or for medical necessity. Periodically the
Chief may post drawings for guidance in interpreting the following
regulations.
B. Privacy and Off-Duty Conduct
1. The Department will generally limit its inquiry into an employee’s personal
matters, off-duty conduct, and outside employment, to situations reflecting
upon the Department or affecting the employee’s ability or fitness for duty.
An employee’s right to privacy guarantees that the disclosure of personal
matters can be compelled only if the employer's interest in the disclosure
outweighs the employee’s privacy interest.
2. When the department determines that inquiry into an employee’s private
life is legitimate, it will make the scope of the inquiry as narrow as
reasonable under the circumstances.
3. Disclosure of an employee’s financial affairs will help to deter corruption,
dishonesty, and conflicts of interest. It also enhances public confidence in
the integrity of the Department. When the Departments elects to mandate
such a financial disclosure, it will afford employees the opportunity to
make claims of privacy as to certain financial records and to have those
claims heard by a neutral body.
4. An employee’s medical and psychological fitness for duty is a matter of
continuing departmental concern. The Department is authorized to
require employees to submit to medical and/or psychological examinations
whenever there is reason to question the employee’s fitness for duty.
Reports of such examinations will be maintained in a separate file and
dissemination of the information will be restricted to appropriate
individuals.
5. The Department has a legitimate interest in preserving its public image of
trust and respect. An employee’s off-duty personal relationships should
not be allowed to bring discredit to the employee or Department, affect the
employee’s ability to perform their job, or result in poor job performance.
6. Employees who are on paid leave status as a result of sickness or injury
may have their activities regulated. Reasonable rules requiring an
employee to remain at his residence except for compelling legitimate
reasons, and then after notification of the Department, are permissible.
7. The Department has the right to regulate the off-duty employment of its
employees. The emergency nature of law enforcement, the need to
ensure that employees report to work in good physical and mental
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condition, and the need to prevent conflicts of interest, all combine to
provide the Department with discretion in regulating (including prohibiting)
off-duty employment.
C. Conduct Unbecoming
1. It is impossible to have detailed rules governing every conceivable
situation. Historically, the military and police service (a quasi-military
organization) have relied upon the charge of conduct unbecoming to cover
obvious violations for which no specific rule was promulgated. Admittedly,
such a catch all rule would not be proper for regulating the conduct of the
general public. However, over the years, we have come to understand
that certain behavior is clearly not in keeping with the good order and
proper operation of the Department.
2. This rule has been shown capable of objective interpretation. The
standard of conduct expected of employees is learned in a variety of
ways, from academy/initial training and in-service training to manuals,
orders, and various written directives. It is fair to say that conduct
unbecoming should be such as would alert a reasonable employee that
their conduct under the circumstances would be inappropriate. Both on
and off-duty conduct may subject an employee to a charge of conduct
unbecoming. Employees do not sever their relationship with the
Department at the end of their shift. An employee’s off-duty conduct,
especially where there is some nexus or connection to the Department or
where the employee’s status as a police department employee is known,
may reflect unfavorably on the employee and the Department.
3. Employees shall conduct themselves at all times, both on and off duty, in
such a manner as to reflect most favorably on the Department and its
members. Conduct unbecoming shall include that which tends to indicate
that the employee is unable or unfit to continue as a member of the
Department, or tends to impair the operation, morale, integrity, reputation,
or effectiveness of the Department or its members. Conduct unbecoming
shall also include off-duty conduct where there is a nexus or connection
between act or acts committed by the employee and his continued fitness
or ability to effectively perform their required duties and responsibilities
and/or the impact or adverse effect said conduct may have on the
operation, morale, integrity, reputation, or effectiveness of the Department
and the ability of the employee(s) not involved in said act to effectively
perform their required duties and responsibilities.
4. Employees charged with conduct unbecoming will have the underlying
offensive conduct specified in the notice of the charges.
5. As with all rules and regulations, violations may result in discipline up to
and including termination.
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D. Conflict of Interest Law
1. Since police department employees are in a position of public trust, it is
important to avoid all situations involving conflicts of interest whether in
fact or only 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.
2. Employees should read and become familiar with the provisions of MGL c.
268A concerning conduct of public officials and employees. The following
provisions are especially relevant to police department employees:
a. s3(d) "Whoever, directly or indirectly, asks, demands,
exacts, solicits, seeks, accepts, receives, or agrees to
receive anything of substantial value for himself for or
because of the testimony under oath or affirmation given or
to be given by him or any other person as a witness upon
any such trial, hearing or other proceeding, or for or because
of his absence there from; -- shall be punished by a fine of
not more than three thousand dollars or imprisonment for not
more than two years, or both.
b. s 23(b) "No current officer or employee of a state, county, or
municipal agency shall knowingly, or with reason to know:
i. Accept other employment involving compensation of
substantial value, the responsibilities of which are
inherently incompatible with the responsibilities of his
public office;
ii. Use or attempt to use his official position to secure for
himself or others unwarranted privileges or
exemptions which are not properly available to
similarly situated individuals;
iii. Act in a manner which would cause a reasonable
person, having knowledge of the relevant
circumstances, to conclude that any person can
improperly influence or unduly enjoy his favor in the
performance of his official duties, or that he is likely to
act or fail to act as a result of kinship, rank, position,
or undue influence of any party or person. It shall be
unreasonable to so conclude if such officer or
employee has disclosed in writing to his appointing
authority or, if no appointing authority exists, discloses
in a manner which is public in nature, the facts which
would otherwise lead to such conclusion."
Note: Remember that in case of doubt, the Town Attorney will prepare a
legal opinion at your request through the Chief of Police. Said
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opinion shall be sought prior to engaging in situations which may in
fact create a conflict of interest.
3. No employee shall violate MA General Laws c.268A.
D. Memberships in Organizations
1. Employees shall not affiliate with or become members of any organization
if such affiliation or membership would substantially interfere with or
prevent them from performing their duty.
E. Improper Associations
1. 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 of
the Department for present involvement in criminal behavior, except as
necessary in the performance of official duties, with the knowledge and
approval of the Chief or were unavoidable because of an officer's family
relationships.
F. Undue Influence
1. Employees shall not seek or obtain the influence or intervention of any
person, outside or from within the Department, for the purposes of
advancement, preferential assignment, transfer, pecuniary advantage or
any other type of preferred treatment or advantage, including the
disposition of pending charges or findings in a disciplinary hearing.
G. Valuable Items – Buying/Receiving/Selling
1. Employees shall not buy, receive, or sell anything of value from or to any
complainant, suspect, witness, defendant, detainee, or other person
involved in any case which has come to the attention or which arose out of
Department employment, except as may be specifically authorized by the
Chief of Police.
H. Department Correspondence
1. Employees shall not use Department letterhead for private
correspondence nor shall they send any written communication about
police business to any person, firm, or other law enforcement or public
agency without the consent of the Chief of Police or their designee.
Employees shall not enter into official Department correspondence with
anyone or any agency outside the Department, except with the approval of
the Chief of Police.
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I. Mailing Address
1. Employees shall not use the Department as a mailing address for private
purposes without the permission of the Chief of Police. At no time will
the Department be used as a mailing address for the purposes of a motor
vehicle license, registration or other private purposes.
J. Interfering with the Course of Justice
1. Employees shall not take part in, or be concerned with, either directly or
indirectly, any compromise or arrangement with any person whom so
ever for the purpose of permitting an accused person to escape the
penalty of his wrongdoing, or seek to obtain a continuance of any trial or
otherwise interfere with the course of justice except in the normal course
of proceedings.
K. Possessing Keys to Private Premises
1. Employees shall not have keys to private buildings or dwellings on their
area of patrol without the permission of the Chief of Police.
L. Private Benefit from Departmental Association
1. Employees shall not use the prestige or influence of their official position,
or use the time, facilities, equipment or supplies of the Department for the
private gain or advantage of themselves or another.
M. Off-Duty Employment
1. Employees shall not engage in any off-duty employment without the
knowledge and approval of the Chief of Police. The approval of the Chief
of Police shall be based upon: (a) increasing off-duty efficiency and
availability (b) avoiding potential conflicts of interest and protecting the
image of the Department (c) avoiding impairment of on-duty performance.
2. All personnel engaging in outside employment should clearly understand
that their primary obligation is to the Police Department and the
community they serve. Prior to accepting any outside employment, an
officer must request, in writing, the approval of the Police Chief. No
employee shall accept other employment which could impair his
independence of judgment in the exercise of his official duties.
N. Political Activities
1. Employees shall not participate in political activities while in uniform or on
duty. All actions which could give the impression that employees are
using their official position to influence the electoral process are to be
avoided. An employee shall not be required to solicit or be obliged to
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make contributions in money, services, or otherwise, for any political
purpose.
2. Employees who become candidates for salaried elective office shall take
leave of absence without pay. Such leave shall encompass both the
campaign and tenure of office if elected. Nothing in this rule shall be
construed to mean that Department personnel are restricted in any way,
while off-duty, from exercising their constitutional rights as citizens in the
political electoral process (including such actions as voting, supporting
candidates, and belonging to a political party).
O. Gifts & Gratuities
1. 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 between the solicitation or acceptance and their departmental
membership or employment, except as may be specifically authorized by
the Chief.
2. Employees must be especially guarded in their official relationship with
persons holding or seeking to hold licenses issued by local licensing
authorities, who might expect or seek preferential police treatment. All
Department personnel must offer and are expected to make payment for
their meals and beverages.
3. Any unauthorized gift, gratuity, fee or reward coming into the possession
of any officer shall be forwarded to the Chief, together with a written report
of the circumstances involved.
P. Testimonials & Benefits
1. Employees shall not collect or receive any money or other thing of value
from any source for the purpose of making a present to any active officer
or employee of the Department unless specific permission is granted by
the Chief. No employee shall seek or accept such present without the
permission of the Chief.
2. It will be noted that under the provisions of General Laws, Chapter 268,
Section 9A, no person shall sell tickets or solicit contributions for a
testimonial dinner or similar function for any person in active employment
in any law enforcement agency or regulatory body of the state or any city
or town.
Q. Unauthorized Transactions
1. Employees shall not enter into any transactions of material value at
substantially lower than fair market value, or value at which such goods or
services are being offered to the general public, when such transaction
takes place between themselves and any person involved in any matter or
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case which arose out of their employment with the Department, except as
may specifically authorized by the Chief.
R. Use of Official Position
1. Employees shall not use their official position, Department identification
cards or badges:
a. for personal or financial gain;
b. for obtaining privileges not otherwise available to them except in
the performance of duty, or
c. for avoiding consequences of illegal acts. Employees shall not lend
to another person their identification cards or badges or permit
them to be photographed or reproduced without the approval of the
Chief.
2. Employees shall not authorize the use of their names, photographs, or
official titles, which identify them as police employees in connection with
testimonials or, commodity, or commercial enterprise, without the approval
of the Chief of Police.
S. Insubordination
1. Employees shall not be insubordinate. Insubordination shall include: any
failure or deliberate refusal to obey a lawful order (written or oral) given by
a Superior Officer or as otherwise specified above. It shall also include
any disrespectful, mutinous, insolent, or abusive language or action
toward a superior whether in or out of the presence of the superior.
T. Conduct toward other Members of the Department
1. Members and employees shall treat all other members of the Department
with civility and respect.
2. They shall be courteous and civil at all times in their relationship with one
another.
3. When on duty, and particularly in the presence of other members,
employees, or the public, officers shall be referred to by their rank or title.
4. Rumors and malicious gossip shall be prohibited.
U. Rules & Regulations
1. Department members shall comply with all rules and regulations of the
Department that are now in effect or that shall be promulgated in the
future.
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V. Amanda’s Law: C. 271 § 51 Prohibition on taking or transmitting images of
crime victims by first responders.i
1. Taking of Images
a. No first responder who responds to or is otherwise present at the
scene of a crime, accident or other emergency in the performance
of the first responder’s official duties shall take a photographic or
digital image of a victim of a crime, accident or emergency unless
the first responder takes the photographic or digital image:
i. In the performance of the first responder’s official duties; or
ii. Upon the consent of the victim or, if the victim is unable to
consent, an immediate family member of the victim.
2. Transmitting of Images
a. No first responder shall, other than in the performance of the first
responder’s official duties, transmit, disseminate or otherwise make
available, to a third person, a photographic or digital image of a
victim of a crime, accident or emergency without the consent of the
victim or, if the victim is unable to consent, an immediate family
member of the victim.
i. Body camera Exception provided, however, that this
subsection shall not apply to the use by a first responder of
body-worn cameras or cameras mounted on a first
responder’s vehicle.
3. Definitions
a. First Responder defined “First responder”, a law enforcement
officer, a paid, call, reserve or volunteer firefighter, a paid, call,
reserve or volunteer emergency medical technician or any other
person whose usual and regular duties include rendering
assistance at the scene of a crime, accident or other emergency.
b. Immediate Family Member defined “Immediate family
member”, a spouse, child, step-child, adopted child, sibling, step
sibling, adopted sibling, parent, step-parent, legal guardian,
adoptive parent, grandparent or grandchild.
4. Penalty
a. A first responder who knowingly violates subsection III/V/1 or III/V/2
shall be punished by a fine of not more than $2,000, by
imprisonment for not more than 1 year or by both such fine and
imprisonment.
i Chapter 146 of the Acts of 2022 & M.G.L. c. 271 s.51
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