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010. POLICY. Policy consists of principles and values which guide the performance of a Department activity. Policy is not a statement of what must be done in a particular situation; rather, it is a statement of guiding principles which should be followed in activities which are directed toward the attainment of Department objectives. Policy is formulated by analyzing objectives and determining through research those principles which will best guide the Department in achieving its objectives. Policy is based upon police ethics and experience, the desires of the community, and the mandate of the law. Policy is articulated to inform the public and Department employees of the principles which will be adhered to in the performance of the law enforcement function. Additionally, policy establishes operational standards to assist Department employees in the necessary exercise of discretion in discharging their responsibility. An officer in the performance of his duty is confronted with an infinite variety of complex situations which require police action. Since policy is objective rather than situation oriented, it is broad enough in scope to encompass most situations. Policy, therefore, must be stated in general terms. 020. GLOSSARY020.10 VALUE. A value is a quality of performance or accomplishment. Values are the basis for the determination of objectives and may be both ethical and functional. 020.20 OBJECTIVE. An objective is a desired end for which effort is expended, and which, if attained, fulfills the purposes of the Department. Within each objective, there may be a number of ancillary objectives, each of which, if attained, contributes to the accomplishment of the police mission. 020.30 PRINCIPLE. A principle is a conceptual guide arrived at through logical deduction by evaluating experience with a view toward the attainment of objectives. A principle may be of assistance in the exercise of judgment in a duty‑related activity and may be both ethical and functional. 020.40 PROCEDURE. A procedure is a method of performing an operation or a manner of proceeding on a course of action. It differs from policy in that it directs action in a particular situation to perform a specific task within the guidelines of policy. Both policies and procedures are objective oriented; however, policy establishes limits of action while procedure directs response within those limits. 020.50 RULE. A rule is a specific prohibition or requirement which is stated to prevent deviations from policy or procedure. Rules allow little deviation other than for stated exceptions. OBJECTIVES
100. MOTTO OF
THE DEPARTMENT. -
Back to top 101. PREAMBLE. The Los Angeles Police Department is committed to serving the community while protecting the rights of all persons. Consistent with this commitment, the Department’s Vision, Mission, and Core Values, in concert with the Law Enforcement Code of Ethics and the Department’s Management Principles, reflect the guiding philosophy of the Los Angeles Police Department. 102. VISION. It is the vision of the Los Angeles Police Department to, as closely as possible, achieve a City free from crime and public disorder. 105. MISSION. It is the mission of the Los Angeles Police Department to safeguard the lives and property of the people we serve, to reduce the incidence and fear of crime, and to enhance public safety while working with the diverse communities to improve their quality of life. Our mandate is to do so with honor and integrity, while at all times conducting ourselves with the highest ethical standards to maintain public confidence. 110. CORE VALUES110.10 SERVICE TO OUR COMMUNITIES. We are dedicated to enhancing public safety and reducing the fear and the incidence of crime. People in our communities are our most important customers. Our motto, "To Protect and to Serve," is not just a slogan - it is our way of life. We will work in partnership with the people in our communities and do our best, within the law, to solve community problems that affect public safety. We value the great diversity of people in both our residential and business communities and serve all with equal dedication. 110.20 REVERENCE FOR THE LAW. We have been given the honor and privilege of enforcing the law. We must always exercise integrity in the use of the power and authority that have been given to us by the people. Our personal and professional behavior should be a model for all to follow. We will obey and support the letter and the spirit of the law. 110.30 COMMITMENT TO LEADERSHIP. We believe the Los Angeles Police Department should be a leader in Law Enforcement. We also believe that each individual needs to be a leader in his or her area of responsibility. Making sure that our values become part of our day-to-day work life is our mandate. We must each work to ensure that our co-workers, our professional colleagues and our communities have the highest respect for the Los Angeles Police Department. 110.40 INTEGRITY IN ALL WE SAY AND DO. Integrity is our standard. We are proud of our profession and will conduct ourselves in a manner that merits the respect of all people. We will demonstrate honest, ethical behavior in all our interactions. Our actions will match our words. We must have the courage to stand up for our beliefs and do what is right. Throughout the ranks, the Los Angeles Police Department has a long history of integrity and freedom from corruption. Upholding this proud tradition is a challenge we must all continue to meet. 110.50 RESPECT FOR PEOPLE. Working with the Los Angeles Police Department should be challenging and rewarding. Our people are our most important resource. We can best serve the many and varied needs of our communities by empowering our employees to fulfill their responsibilities with knowledge, authority and appropriate discretion. We encourage our people to submit ideas, we listen to their suggestions, and we help them develop to their maximum potential. We believe in treating all people with respect and dignity. We show concern and empathy for the victims of crime and treat violators of the law with fairness and dignity. By demonstrating respect for others, we will earn respect for the Los Angeles Police Department. 110.60 QUALITY THROUGH CONTINUOUS IMPROVEMENT. We will strive to achieve the highest level of quality in all aspects or our work. We can never be satisfied with the "status quo.” We must aim for continuous improvement in serving the people in our communities. We value innovation and support creativity. We realize that constant change is a way of life in a dynamic city like Los Angeles, and we dedicate ourselves to proactively seeking new and better ways to serve. 115. MANAGEMENT PRINCIPLES115.01 REVERENCE FOR THE LAW. The main thrust of a peace officer's duties consists of an attempt to enforce the law. In our application of the law we must do it within a legal spirit which was so clearly set forth by the framers of the Bill of Rights, which was an original part of our Constitution. That bill had as its purpose elevating the rights of each citizen to a position co-equal with the state which might accuse him. Its purpose was to provide for an enforcement of the law with fundamental fairness and equity. Because of the Bill of Rights, the dignity of the individual person in America was placed in an almost sacred position of importance. A peace officer's enforcement should not be done in grudging adherence to the legal rights of the accused, but in a sincere spirit of seeking that every accused person is given all of his rights as far as it is within the powers of the police. In the discharge of our enforcement of criminal statutes, the peace officer must scrupulously avoid any conduct which would make him a violator of the law. The solution of a crime, or the arrest of a lawbreaker, can never justify the peace officer committing a felony as an expedient for the enforcement of the law. We peace officers should do our utmost to foster a reverence for the law. We can start best by displaying a reverence for the legal rights of our fellow citizens and a reverence for the law itself. 115.05 CRIME PREVENTION TOP PRIORITY. The basic mission for which the police exist is to prevent crime and disorder as an alternative to repression by military force and severity of legal punishment. When the police fail to prevent crime, it becomes important to apprehend the person responsible for the crime and gather all evidence that might be used in a subsequent trial. 115.10 PUBLIC APPROBATION OF POLICE. The ability of the police to perform their duties is dependent upon public approval of police existence, actions, behavior, and the ability of the police to secure and maintain public respect. 115.15 VOLUNTARY LAW OBSERVANCE. The police must secure the willing cooperation of the public in voluntary observance of the law in order to be able to secure and maintain the respect and approval of the public. 115.20 PUBLIC COOPERATION. The degree of public cooperation that can be secured diminishes, proportionally, the necessity for the use of physical force and compulsion in achieving police objectives. 115.25 IMPARTIAL FRIENDLY ENFORCEMENT. The police seek and preserve public favor, not by catering to public opinion, but by constantly demonstrating absolutely impartial service to the law without regard to the justice or injustice of the substance of individual laws; by readily offering individual service and friendship to all members of society; by the ready exercise of courtesy and friendly good humor; and by readily offering individual sacrifice in protecting and preserving life. 115.30 MINIMUM USE OF FORCE. The police should use physical force to the extent necessary to secure observance of the law or to restore order when the exercise of persuasion, advice, and warning is found to be insufficient to achieve police objectives; and police should use only the reasonable amount of physical force which is necessary on any particular occasion for achieving a police objective. 115.35 PUBLIC ARE THE POLICE. The police at all times should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and that the public are the police; the police are the only members of the public who are paid to give full-time attention to duties which are incumbent on every citizen in the interest of community welfare. 115.40 LIMIT OF POLICE POWER. The police should always direct their actions strictly toward their functions and never appear to usurp the powers of the judiciary by avenging individuals or the state, or authoritatively judging guilt or punishing the guilty. 115.45 TEST OF POLICE EFFECTIVENESS. The test of police effectiveness is the absence of crime and the presence of public order. It is not the evidence of police action in dealing with crime and disorder. 115.50 PEOPLE WORKING WITH POLICE. The task of crime prevention cannot be accomplished by the police alone. This task necessarily requires the willing cooperation of both the police and the public working together toward a common goal. 115.55 PEOPLE WORKING WITH PEOPLE. Since the police cannot be expected to be on every residential or business block, every hour of the day, a process must be developed whereby each person becomes concerned with the welfare and safety of his neighborhood. When people are working with other people in their neighborhood, they can effectively reduce crime. 115.60 MANAGERS WORKING WITH POLICE. Only line police officers perform the tasks for which police were created. They are the operating professionals. Supervisors and managers exist to define problems, to establish objectives, and to assist line police officers in the accomplishment of the police mission. The evaluation of a manager should be based on the improvement and excellence of his subordinates in the achievement of organizational goals. The life's blood of good management is thoroughly systematic, two-way circulation of information, feelings, and perceptions throughout the organization. 115.65 POLICE WORKING WITH POLICE. For many reasons, some specialization of work is necessary. Specialization should be created only when vitally necessary. When specialization is created, organization should be adjusted to ensure that the specialists and generalists who serve the same citizens work closely together on the common problems in as informal an organizational structure as possible. This tends to ensure a unity of effort, resources and the effective service to a common goal. 115.70 POLICE WORKING WITH CRIMINAL JUSTICE SYSTEM. It must be recognized that the police and the people alone cannot successfully resolve the problems of crime. The criminal justice system as a whole, in order to properly serve the public, must operate as a total system with all of its various elements working together. The close cooperation of the police with prosecutors, courts and correctional officers is necessary in order to ensure the development of a safer community. 115.75 POLICE/PRESS RELATIONSHIPS. One of the first and most fundamental considerations of this nation's founders in drafting the Bill of Rights was to provide for a free press as an essential element of the First Amendment to the Constitution. They recognized that a well-informed citizenry is vital to the effective functioning of a democracy. Police operations profoundly affect the public and therefore arouse substantial public interest. Likewise, public interest and public cooperation bear significantly on the successful accomplishment of any police mission. The police should make every reasonable effort to serve the needs of the media in informing the public about crime and other police problems. This should be done with an attitude of openness and frankness whenever possible. The media should have access to personnel, at the lowest level in a Department, who are fully informed about the subject of a press inquiry. The media should be told all that can be told that will not impinge on a person's right to a fair trial, seriously impede a criminal investigation, imperil a human life, or seriously endanger the security of the people. In such cases, the minimum information should be given which will not impinge on the four areas and we should merely state that nothing more can be said. In all other matters in our relationship with the media in dealing with current news, every member of the Department should make every reasonable effort consistent with accomplishing the police task in providing the media representatives with full and accurate material. 115.80 MANAGEMENT BY OBJECTIVES. In order to effectively deal with the most important problems, objectives must be established. The establishment of objectives and the means used to ensure that they are reached must include the participation of those involved in the task. The setting of an objective has very little meaning without the participation of those involved. 115.85 MANAGEMENT BY PARTICIPATION. Since employees are greatly influenced by decisions that are made and objectives that are established, it is important for them to be able to provide input into the methods utilized to reach these decisions. Employees should be encouraged to make recommendations which might lead to an improvement in the delivery of police services and assist in the furtherance of the Department meeting its objective. 115.90 TERRITORIAL IMPERATIVE. Police work is one of the most personal of all personal services. It deals with human beings in life and death situations. The police officers and the people they serve must be as close as possible, and where possible must know one another. Such closeness can generate the police-citizen cooperation necessary for the involvement of the whole community in community protection. Organization of assignments should ensure that the same police and the same citizens have an opportunity to continuously work for the protection of a specific community. Strength through interacting together and working together on common problems can be enhanced through officers and the people feeling at home with one another in an atmosphere of mutual cooperation. This may be described as a utilization of the "Territorial Imperative." 115.95 OPENNESS AND HONESTY. For police-public cooperation, there must be respect of the police by the public. This is best ensured by optimum openness of the Department in its operations. A general feeling and reality of openness must pervade the police organization. Above all, the police officer must be consistently open, honest and trustful in all matters. A combination of honesty and openness will effectively develop respect in the community for the police and make it possible for citizens to come to them with problems and information. Where this trust does not exist because of a lack of honesty or openness, the channels of communication between the police and the public are clogged and the police must desperately struggle on alone. 120. PRIMARY OBJECTIVE. A large urban society free from crime and disorder remains an unachieved ideal; nevertheless, consistent with the values of a free society, it is the primary objective of the Los Angeles Police Department to as closely as possible approach that ideal. In so doing, the Department's role is to enforce the law in a fair and impartial manner, recognizing both the statutory and judicial limitations of police authority and the constitutional rights of all persons. It is not the role of the Department to legislate, to render legal judgments, or to punish. 130. FUNCTIONAL OBJECTIVES130.10 PREVENTION OF CRIME. Peace in a free society depends on voluntary compliance with the law. The primary responsibility for upholding the law therefore lies not with the police, but with the people. Since crime is a social phenomenon, crime prevention is the concern of every person living in society. Society employs full‑time professional police to prevent crime, to deter it, and when that fails, to apprehend those who violate the law. Crime is a symptom of ills within society which are not the responsibility of the Department to cure. The Department is responsible, however, for interacting with the community to generate mutual understanding so that there may be public support for crime prevention. Community involvement is essential to facilitate a free flow of information between the public and the Department to assist in the identification of problem areas and to inform the public of crime statistics and trends. Additionally, knowledge of the community is necessary so that each Department employee may be instilled with a sense of concern for the crime problems and law enforcement needs in his assigned area of responsibility. The prevention of crime remains as a basic obligation of society. When it becomes necessary to rely on police action to secure compliance with the law, society has failed in this responsibility. 130.20 DETERRENCE OF CRIME. While there are certain crimes that cannot be deterred, crimes committed against property and against innocent victims in public places are reduced by police patrol. Street crime is curbed by the potential criminal's fear of immediate apprehension or by the increased likelihood of his detection. The deterrence of crime requires the investigation of behavior which reasonably appears to be criminally directed. In deploying patrol forces to deter crime and to inspire public confidence in its ability to ensure a peaceful environment, the Department must strike a balance between the desirable deterrent effect of visible patrol and any undesirable appearance of oppression. In the long run, however, it must be the people, not the Department, who determine the limitations on their freedom. 130.25 REVERENCE FOR HUMAN LIFE. Reverence for human life is the primary consideration in developing tactics and strategies in pursuit of our motto: "To Protect and To Serve." Whenever an operation designed to achieve an immediate goal such as the arrest of a felon or the gathering of evidence to complete a criminal investigation causes a victim, witness, or other innocent person to be subjected to potential injury or death, our primary objective must be to protect that person. No arrest, conviction, or piece of evidence can outweigh the value of human life. 130.30 APPREHENSION OF OFFENDERS. The administration of criminal justice consists of the identification, arrest, prosecution, punishment, and rehabilitation of a law violator, and it has as its objective the voluntary compliance with the law as an alternative to punishment. Once a crime has been committed, it is the duty of the Department to initiate the criminal justice process by identifying and arresting the perpetrator, to obtain necessary evidence, and to cooperate in the prosecution of the case. As the certainty of swift and sure punishment serves as an effective deterrent to crime, the Department must diligently strive to solve all crimes and to bring the perpetrators to justice. 130.40 RECOVERY AND RETURN OF PROPERTY. The actual costs of crime are difficult to measure; there cannot be a dollar value assigned to the broken bodies, ruined lives, and human misery which are its products. However, it is possible to observe the steadily mounting cost of lost and stolen property. This loss as well as the other costs of crime must ultimately be borne by its victims. To minimize the losses due to crime, the Department makes every reasonable effort to recover lost or stolen property, to identify its owners, and to ensure its prompt return. 130.50 MOVEMENT OF TRAFFIC. To facilitate the safe and expeditious movement of vehicular and pedestrian traffic, the Department must enforce traffic laws, investigate traffic collisions, and direct traffic. To enforce compliance with traffic laws and to develop driver awareness of the causes of traffic collisions, the Department appropriately warns, cites, or arrests traffic law violators. Traffic collisions are investigated to protect the rights of the involved parties, to care for the injured, to determine the causes of accidents so that methods of prevention may be developed and, when a traffic law violation is discovered, to gather necessary evidence to prosecute the violator. The Department will direct vehicular traffic when necessary to prevent injury to persons and property, and provide information to the public in assisting them to arrive at their destination safely and expeditiously. 130.60 PUBLIC SERVICE. Often, because there are no other public or private agencies available, the public relies upon the Department for assistance and advice in the many routine and emergency situations which develop in an urban society. For this reason and because there is frequently a potential for crime, the Department regularly responds to incidents where it is not contemplated that an arrest will be made. Whenever practical, on‑ or off‑duty officers in uniform in a distinctively marked police vehicle shall render necessary aid and/or assistance to a driver or occupant of a disabled motor vehicle on highways within the City of Los Angeles. Note: Officers shall be guided by Department Manual Section 4/223.30 when towing service is requested or needed, and by Section 4/223.40 when it is necessary to use a police vehicle to move a disabled vehicle from a highway. Saving lives and aiding the injured, locating lost persons, keeping the peace, and providing for many other miscellaneous needs are basic services provided by the Department. To satisfy these requests, the Department responds to calls for service and renders such aid or advice as is necessitated or indicated by the situation. 130.70 DISASTER RESPONSE. Whenever a disaster occurs, the citizens of Los Angeles inevitably look to the Police Department and the City government for leadership and assistance in mitigating its effects. Therefore, it is vital that all City employees be available to assist when a disaster occurs. It is the policy of the Los Angeles Police Department that in the event of a disaster during normal working hours, all employees shall remain at work and make themselves available for disaster relief. No supervisor is authorized to release any employee from work in the event of a disaster, without the approval of the Chief of Police. Employees who leave without such authorization shall be subject to discipline. During non‑business hours, employees shall follow established mobilization plan procedures. Note: Procedures for the disaster response are contained in the Department's Emergency Operations Guide. 140. RESOURCE OBJECTIVES140.10 DEPARTMENT PERSONNEL. Police officers are frequently required to make decisions affecting human life and liberty in difficult situations where there is no opportunity to seek advice and little time for reflection. Law enforcement in a free and complex society requires an officer to have the stamina, intelligence, moral courage, and emotional stability necessary to fairly and impartially deal with human beings in the many complicated and potentially explosive situations which he encounters. To obtain the caliber of personnel necessary to provide the public with professional law enforcement, it is essential that the Department participate in the recruitment and selection of potential officers. Thereafter, the Department must provide training for all officers and promote the most qualified. 140.20 UTILIZATION OF RESOURCES. Law enforcement is one of the most expensive and complex services provided by the City. The quality and extent of service provided are necessarily limited by available resources which are to a large extent dependent upon the revenue sources of the City. To ensure that the highest level of service is obtained from the resources at its disposal, the Department must make use of the most efficient management and budgeting techniques available. 140.30 PARTICIPATION IN SURVEYS INITIATED BY OUTSIDE ORGANIZATIONS. The Los Angeles Police Department recognizes the value of surveys and research projects which may bring new insights into law enforcement and advance knowledge in this field. It is this Department's policy to be open and objective when offered an opportunity to participate in such efforts. However, the costs involved in any such project must be justified by the benefits which are expected to be derived. (Decisions pertaining to participation in research projects must be made in light of the necessity to operate the Department in an economical manner.) PERSONAL CONDUCT210. EMPLOYEE CONDUCT - Back to top210.05 STANDARD OF CONDUCT. The Law Enforcement Code of Ethics is adopted as a general standard of conduct for officers of the Los Angeles Police Department. 210.10 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 disorder, and to respect the Constitutional rights of all men to liberty, equality and justice. 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 mindful 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 nature 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 relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice 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 the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession...law enforcement." 210.13 RESPECT FOR OTHERS. The cosmopolitan nature of the City is reflected in the diversity of Department employees. In such a diverse environment, biases or prejudices relating to factors such as race, ethnicity, sex, age, economic status, position in the community, or employee status with the Department must not be allowed to influence decision making or conduct involving other employees. While employees are entitled to their personal beliefs, they must not allow individual feelings or prejudices to enter into professional contacts. Employees must treat one another with respect and be constantly mindful that other people are individuals with emotions and needs as significant as their own. Respect for individual dignity is an integral part of the Department's management philosophy and must be practiced by everyone. Employees shall treat all persons with respect and courtesy, and conduct themselves in a manner that will foster the greatest harmony and cooperation between themselves and other members of the Department. 210.15 LOYALTY. In the performance of their duty to serve society, officers are often called upon to make difficult decisions. They must exercise discretion in situations where their rights and liabilities and those of the Department hinge upon their conduct and judgment. Officer's decisions are not easily made and occasionally they involve a choice which may cause them hardship or discomfort. Officers must be faithful to their oath of office, the principles of professional police service, and the objectives of the Department, and in the discharge of their duty they must not allow personal motives to govern their decisions and conduct. 210.20 INTEGRITY. The public demands that the integrity of its law enforcement officers be above reproach, and the dishonesty of a single officer may impair public confidence and cast suspicion upon the entire Department. Succumbing to even minor temptation can be the genesis of a malignancy which may ultimately destroy an individual's effectiveness and may contribute to the corruption of countless others. An officer must scrupulously avoid any conduct which might compromise the integrity of himself, his/her fellow officers, or the Department. 210.25 ATTENTION TO DUTY. As most police work is necessarily performed without close supervision, the responsibility for the proper performance of officer's duty lies primarily with the officers themselves. Officers carry with them a responsibility for the safety of the community and their fellow officers. Officers discharge that responsibility by the faithful and diligent performance of their assigned duty. Anything less violates the trust placed in them by the people, and nothing less qualifies as professional conduct. 210.30 COMPLIANCE WITH LAWFUL ORDERS. The Department is an organization with a clearly defined hierarchy of authority. This is necessary because unquestioned obedience of a superior's lawful command is essential for the safe and prompt performance of law enforcement operations. The most desirable means of obtaining compliance are recognition and reward of proper performance and the positive encouragement of a willingness to serve. However, negative discipline may be necessary where there is a willful disregard of lawful orders, commands, or directives. 210.35 CONDUCT UNBECOMING AN OFFICER. A police officer is the most conspicuous representative of government, and to the majority of the people, the officer is a symbol of stability and authority upon whom they can rely. An officer's conduct is closely scrutinized, and when the officer's actions are found to be excessive, unwarranted, or unjustified, they are criticized far more severely than comparable conduct of persons in other walks of life. Since the conduct of officers, on- or off-duty, may reflect directly upon the Department, officers must at all times conduct themselves in a manner which does not bring discredit to themselves, the Department, or the City. 210.37 WORKPLACE VIOLENCE POLICY. The safety and security of our employees, volunteers, and visitors is of paramount concern to the Department. In that regard, we are committed to maintaining a workplace free from violence or threats of violence. Thus, threats, threatening behavior, or acts of violence against an employee, a visitor, or any other individual cannot and will not be tolerated. All reports of workplace violence or threats of violence will be taken seriously and will be investigated promptly and thoroughly. External Incidents. Due to the unique mission of law enforcement, police officers and certain civilian employees, especially those in custodial assignments, receive threats of violence while performing their duties. In most cases, these threats are idle in nature and our employees are trained to recognize those incidents. When such an incident rises above an idle threat, laws and Department protocols are in place to effectively handle the matter, including prosecution of the suspect and protection for the employee. Therefore, this policy focuses more on internal workplace threats. Internal Incidents. For the purpose of this policy on workplace violence, the Department workplace is considered to be employee interaction at any Department facility as well as any duty-related interaction between employees. Any form of violence or threat of violence (actual or reasonably perceived) involving a Department employee and occurring in the workplace must be reported without delay to a supervisor, commanding officer, or the Commanding Officer, Personnel Group. Such behavior must be reported whether it is committed by another Department employee or a City employee. If management determines that an employee has engaged in workplace violence, appropriate action must be taken, which may include discipline up to and including termination. Any violent behavior committed by an employee outside the workplace, which arises out of a contact made at the workplace, may also result in disciplinary action up to and including termination. All occurrences of violent behavior between employees will result in formal criminal and administrative investigations. Additionally, in all cases where violent behavior or a credible threat of violent behavior is directed at an employee, the Department will take appropriate legal action and/or other steps necessary to help protect the employee and/or the employee’s family members. An employee shall also report the existence of any restraining order that covers the employee at the workplace or any non-work related situation, such as stalking or domestic violence that may result in violence in the workplace. Under such circumstances, management will take appropriate precautions to help protect its employees in the workplace.
Furthermore, the Department is committed to supporting the City’s adopted policy on workplace violence. The Department will assist other City entities, where appropriate, in the prevention, investigation and prosecution of workplace violence. 210.38 DEPARTMENT EMPLOYEES SUBJECT TO A COURT ORDER. When a Department employee is the subject of a court order such as a Temporary Restraining Order, Emergency Protective Order or Order to Show Cause, the court may restrict the employee’s activities and/or require the employee to perform some action. In either situation, the court order may conflict with the employee’s duty assignment. Though the Department generally concerns itself only with the duty-related activities of its employees, violation of a court order, even if the order is unrelated to the person’s employment, may result in disciplinary action. Therefore, it is imperative that the Department is made aware of an employee who is the subject of any court order. This will assist in ensuring that the employee is able to comply with the order as well as protect the Department and City from civil liability. In addition, the Department needs to be aware of an employee who obtains a court order against another Department employee as this may affect workplace efficiency. When any Department employee is or reasonably believes he or she is about to be the subject of any court order, the employee shall notify his or her commanding officer without delay. The notification can be made directly or through a supervisor and shall include providing the commanding officer with a copy of all related court orders. It is the responsibility of the commanding officer to assess the potential impact on the employee’s duty assignment, the Department and the City. At a minimum, the commanding officer shall contact his or her bureau commanding officer and the Commanding Officer, Internal Affairs Group, advise them of the matter and be guided by their advice. If it is determined that the court action impacts the employee’s duty assignment, the commanding officer shall then take whatever action(s) is appropriate to ensure the employee’s compliance with the order and protect the City from any liability. If the court order involves a second Department employee, the commanding officer shall confer with the other employee’s commanding officer to ensure a compatible resolution of the matter. 210.40 REFUSAL TO WORK. The alternative to law and its enforcement is anarchy and its resulting devastation. An officer's commitment to public service and professional ethics precludes engaging in strikes or similar concerted activities. For these reasons, police officers do not have the right to strike or to engage in any work stoppage or slowdown. It is the policy of this Department to seek the removal from office of any officer who plans or engages in any such strike, work stoppage, or slowdown. 210.45 FINANCIAL OBLIGATIONS. Public employees have stable incomes upon which they may forecast future earnings. For this reason, and because of public confidence in their responsibility, it is relatively easy for Department employees to contract financial obligations which, if not controlled, may become an impossible burden. Such financial distress may impair the individual's effectiveness and tends to bring discredit upon the Department. Employees should avoid incurring financial obligations which are beyond their ability to reasonably satisfy from their anticipated Department earnings. 210.46 EMPLOYEE'S DUTY TO REPORT MISCONDUCT. The reporting of misconduct and prevention of the escalation of misconduct are areas that demand an employee to exercise courage, integrity, and decisiveness. Department Manual Section 3/813.05 requires that when an employee, at any level, becomes aware of possible misconduct by another member of this Department, the employee shall immediately report the incident to a supervisor or directly to Internal Affairs Group. Furthermore, an employee who observes serious misconduct shall take appropriate action to cause the misconduct to immediately cease. The fact that a supervisor is present and not taking appropriate action to stop the misconduct does not relieve other employees present from this obligation. An employee's obligation to report and prevent misconduct begins the moment the employee becomes a member of the Los Angeles Police Department. Police officers, because of their status as peace officers, have an even greater responsibility to report and prevent misconduct. Experience, rank, or tenure are not factors in knowing the difference between right and wrong, and they do not provide an excuse for failing to take appropriate action. Although supervisors are responsible for investigating allegations of misconduct, all Department employees are responsible for preventing and reporting misconduct. The citizens of Los Angeles expect and deserve employees who possess a high degree of integrity. Any employee who is perceived, justifiably or not, to be condoning or concealing misconduct impairs the trust of the public. Employees must respect and be aware of their responsibility to freely and truthfully report all acts of misconduct and to act, if necessary, to prevent the escalation of those acts. This is essential if the Department is to maintain the trust of the public. 210.47 POLICE OFFICER'S DUTY TO TESTIFY. Among the duties of police officers are those of preventing the commission of crime, of assisting in its detection, and of disclosing all information known to them which may lead to the apprehension and punishment of those who have transgressed the law. When police officers acquire knowledge of facts which will tend to incriminate any person, it is their duty to disclose such facts to their superiors and to testify freely concerning such facts when called upon to do so. It is a violation of duty for police officers to refuse to disclose pertinent facts within their knowledge, and such neglect of duty can result in disciplinary action up to and including termination. Note: Under California and federal law, any testimony or statement made by an officer under administrative compulsion of this policy cannot be used against that officer in any pending or future criminal prosecution. 210.50 USE OF INTOXICANTS. There is an immediate lowering of esteem and suspicion of ineffectiveness when there is public contact by a Department employee evidencing the use of intoxicants. Additionally, the stresses of law enforcement require an employee to be mentally alert and physically responsive. Except as necessary in the performance of an official assignment, the consumption of intoxicants is prohibited while an employee is on‑duty. While on‑duty, officers shall not be permitted to consume intoxicants to such a degree that it impairs their on‑duty performance. Department personnel shall not consume any intoxicants at any Department facility. Exceptions: Consumption of alcoholic beverages by off‑duty Department personnel is permitted at the Police Academy lounge and recreation areas or at the Harbor Area Range recreation facilities with the approval of the Harbor Area Commanding Officer. Note: Facilities shall include parking lots, buildings, or any other areas controlled or operated by the Department. 210.55 ALCOHOL AND STRESS RELATED PROBLEMS. The Department recognizes that alcoholism and stress‑related problems are genuine medical problems which are deserving of the same concern and degree of understanding as the more traditional illnesses. Every employee should be aware of the symptoms of alcoholism and stress. Employees should not hesitate to seek professional assistance for themselves or offer to help fellow employees affected by these disorders. The personal obligation of individual employees regarding assistance to fellow employees includes the recognition of the symptoms of alcoholism and/or stress problems. There is also an accompanying moral obligation to encourage the affected employee to seek professional assistance. Supervisory personnel becoming aware of behavioral patterns indicative of alcoholism or stress among Department employees should contact Behavioral Science Services (BSS) for advice. Note: During off-hours, the concerned commanding officer or supervisor should contact the on-call BSS psychologist via the Department Command Post, Communications Division. The commanding officer or supervisor shall explain in detail the facts regarding the employee's behavior which have led to the belief that the employee may require the assistance of BSS. Behavioral Science Services will evaluate the request and advise the commanding officer or supervisor whether or not a directed or recommended referral to BSS is appropriate. Documentation is not required by the commanding officer or supervisor. However, if initiated, it should only indicate that the employee was directed or referred to BSS and a copy of the documentation shall be provided to the employee. When meeting with the employee, the commanding officer or supervisor shall discuss the rationale for the directed or recommended referral. The commanding officer or supervisor shall inform the employee that the referral is not disciplinary or punitive in nature, but is designed to assist the employee in resolving the relevant issues. 210.60 USE OF CHEWING TOBACCO AND SNUFF. Department employees are the most prominent representatives of government and as such must present a professional image at all times. An employee's unwise or unsightly use of chewing tobacco and snuff is offensive to the public and co‑workers, and detracts from the professional bearing of the employee. The use of chewing tobacco and snuff is prohibited while on‑duty, or off‑duty in uniform. 210.65 SMOKING POLICY. Department employees, both sworn and civilian, shall not smoke any type of tobacco product in any enclosed place of employment, including City owned/operated vehicles. Uniformed sworn employees shall not smoke tobacco products or hold any pipe, cigar, or cigarette, except as may be required during the course of their duties, while in public view. For the purpose of this policy, uniformed officers on free time (Code Seven) or who, with the approval of their commanding officer, are representing the Department in an activity for which the uniform is being worn (Manual Section 3/606.15), are considered on-duty. Non-uniformed sworn employees conducting official Department business shall not smoke any tobacco products while engaged in contact with a citizen or while in a residence or business. Exception: Off-duty uniformed employees (active and retired) away from the place of employment are excluded from this policy. Note: Commanding officers shall designate an appropriate outdoor location(s) within their commands where employees will be allowed to smoke. Designated smoking areas should not be visible to the general public. The Commanding Officer, Administrative and Technical Services Bureau, is responsible for Parker Center and has designated the Judge John Aiso Street side of the Building as the smoking area for this facility. 220. MANAGEMENT/EMPLOYEE RELATIONS220.05 DISCIPLINE. It is essential that public confidence be maintained in the ability of the Department to investigate and properly adjudicate complaints against its members. Additionally, the Department has the responsibility to seek out and discipline those whose conduct discredits the Department or impairs its effective operation. The rights of the employee as well as those of the public must be preserved, and any investigation or hearing arising from a complaint must be conducted in an open and fair manner with the truth as its primary objective. The Department accepts complaints against its members and fully investigates all such complaints to the appropriate disposition. 220.10 EMPLOYEE GRIEVANCES. Effective management and respect for individual dignity requires that employees have means available for the proper redress of grievances. A Department employee having a complaint relating to any matter affecting his employment is ensured the right of review at succeeding levels of Department authority until his grievance is resolved. The right of an employee to file a grievance and its administrative review promotes efficiency and results in improved morale. Those positive benefits are defeated if employees are reluctant to file a grievance. Therefore, no action of a formal or informal nature shall be taken by the Department against an employee, his witnesses, or employee representative, merely for his having filed a grievance, nor is such filing to be otherwise looked upon with disfavor by the Department. 220.15 COMMENDATIONS. The Los Angeles Police Department expects a very high level of professional conduct from all employees; however, members of the Department frequently perform their duties in a manner exceeding the highest standards of the Department. The official commendation of such performance and the arrangement of appropriate publicity is to be provided by the Department to give full public recognition to those who have brought honor to themselves and the Department. 230. WHEN TO TAKE POLICE ACTION230.05 RESPONSIBILITY OF ON ‑ DUTY OFFICERS.On‑Duty, Within City, Fully Responsible. On‑duty officers within the City limits, after considering the tactical situation, are to take all steps reasonably necessary and consistent with their assignment to effect the enforcement of the penal provisions of the City, State, and Nation, and to protect life and property. On‑Duty, Outside of City, Fully Responsible for City Matters. On‑duty officers outside the City limits who become aware of a situation requiring police action must first consider the tactical situation, then take all steps reasonably necessary on police matters of direct concern to the City of Los Angeles. 230.10 RESPONSIBILITY OF OFF ‑ DUTY OFFICERS. Under California law, both on‑ and off‑duty officers have peace officer authority as to any public offense committed or which there is probable cause to believe has been committed in his presence and with respect to which there is immediate danger to person or property, or the escape of the perpetrator of such offense. However, on‑duty officers outside the City limits who are not acting within the scope of their employment as Los Angeles Police officers on matters of direct concern to the City and off‑duty officers both inside and outside of the City limits are to give first consideration to causing the appropriate action to be effected by the responsible law enforcement agency. Such officers should then act only after consideration of the tactical situation and of their possible liability and that of the City of Los Angeles. 230.15 NO PEACE OFFICER AUTHORITY OUTSIDE OF STATE. Peace officer powers of Los Angeles police officers do not extend beyond this State except as provided for in the Uniform Act on Fresh Pursuit. Officers, who are outside the boundaries of this State for extradition or other matters of direct concern to the City, are not to engage in police activities unless necessary in the performance of their duties as an agent of the City, and then only after consideration of the tactical situation. 240. EMPLOYEE - PUBLIC CONTACT240.05 RESPECT FOR CONSTITUTIONAL RIGHTS. No person has a constitutional right to violate the law; neither may any person be deprived of his/her constitutional rights merely because he/she is suspected of having committed a crime. The task of determining the constitutionality of a statute lies with an appellate court of proper jurisdiction, not with an officer who seeks to properly enforce the law as it exists. Therefore, an officer may enforce any federal, state, or local statute which is valid on its face without fear of abrogating the constitutional rights of the person violating that statute. An officer who lawfully acts within the scope of his/her authority does not deprive persons of their civil liberties. The officer may within the scope of his/her authority make reasonable inquiries, conduct investigations, and arrest on probable cause. However, when an officer exceeds his/her authority by unreasonable conduct, the officer violates the sanctity of the law which he/she is sworn to uphold. 240.10 USE OF FORCE. In a complex urban society, officers are confronted daily with situations where control must be exercised to effect arrests and to protect the public safety. Control may be achieved through advice, warnings, and persuasion, or by the use of physical force. While the use of reasonable physical force may be necessary in situations which cannot be otherwise controlled, force may not be resorted to unless other reasonable alternatives have been exhausted or would clearly be ineffective under the particular circumstances. Officers are permitted to use whatever force that is reasonable and necessary to protect others or themselves from bodily harm.
240.12 TACTICAL OPERATIONS
RESOURCE GUIDE - DEFINED. The Resource Guide is an assemblage of current
Department documents such as Department Manual Sections, Orders, Notices,
Bulletins, and Consent Decree paragraphs that address use of force and
tactical issues.
PUBLICATION OF USE OF FORCE
DIRECTIVES. All requests or suggestions for Use of Force Directives
shall be forwarded to the Office of the Chief of Staff. PUBLICATION OF TACTICAL OPERATIONS BULLETINS. All requests or suggestions for Tactical Operations Bulletins shall be forwarded to the Office of Support Services.
The Commanding Officer, Training Division, shall coordinate the review of the proposal with the Tactics Training Review Committee, and other entities within the Department, as appropriate. Upon approval from the Chief of Police, final direction will be forwarded to PRD for publication and inclusion to the Resource Guide.
PLANNING AND RESEARCH DIVISION’S RESPONSIBILITIES. Planning and Research Division will be responsible for the publication of Use of Force Directives and Tactical Operations Bulletins. Planning and Research Division shall also be responsible for the retention of all research and related documents for historical purposes. Additionally, PRD shall maintain the Resource Guide and provide other research not incorporated by Use of Force Review Division or Training Division.
240.15 COURTESY. Effective law enforcement depends on a high degree of cooperation between the Department and the public it serves. The practice of courtesy in all public contacts encourages understanding and appreciation; discourtesy breeds contempt and resistance. The majority of the public are law-abiding citizens who rightfully expect fair and courteous treatment by Department employees. While the urgency of a situation might preclude the ordinary social amenities, discourtesy under any circumstance is indefensible. The practice of courtesy by an officer is not a manifestation of weakness; it is, on the contrary, entirely consistent with the firmness and impartiality that characterizes a professional police officer. 240.20 DOMESTIC VIOLENCE. It is the policy of this Department that domestic violence is alleged criminal conduct and that a request for assistance in a situation involving domestic violence is the same as any other request for assistance where violence has occurred. 240.25 LANGUAGE POLICY. Effective communication is essential in building a lasting relationship with the people we serve. However, the Los Angeles Police Department serves a City with diverse communities representing cultures and languages from around the world which include limited and non-English speaking persons. The Department also serves many people who have communication disabilities, such as the hearing-impaired. To enable Department personnel to provide the best possible police service, we must strive to communicate with all the people we serve, while never wavering from our commitment to treat everyone with dignity and respect. It is the responsibility of all Department personnel to ensure that appropriate and effective communication is established in all community contacts. In these contacts, employees are expected to take all reasonable and necessary steps to use all available language resources. Personnel shall use these resources in conducting thorough field and follow-up investigations and other community contacts when communication disabilities or language differences could create a communication barrier. 240.30 CONTACT WITH PERSONS SUFFERING FROM A MENTAL ILLNESS. In police contacts with persons suffering from a mental illness, the goal of the Department is to provide a humane, cooperative, compassionate and effective law enforcement response to persons within our community who are afflicted with mental illness. The Department seeks to reduce the potential for violence during police contacts involving people suffering from mental illness while simultaneously assessing the mental health services available to assist. This requires a commitment to problem solving, partnership, and supporting a coordinated effort from law enforcement, mental health services and the greater community of Los Angeles.270. EMPLOYEE CONFLICT OF INTEREST270.10 LEGISLATIVE PROCEDURES: The Office of the Chief Legislative Analyst (CLA), under the direction of the Chair of the City Council Committee on Intergovernmental Relations, is charged with the responsibility of coordinating City lobbying efforts and official City legislative activity. On behalf of the Department, the Governmental Liaison Section, maintains a close working relationship with the CLA to ensure proper coordination in the presentation of the Department's legislative program. If an employee wishes to request Department support of amendments to current law and/or seeks Department support of a proposed legislative bill being considered by the legislature, he/she must complete a Bill Response Report, Form General 25. The Department’s position recommended by the employee should be included in the Bill Response Report. The bill, accompanied by the Bill Response Report, shall be forwarded through the employee's chain of command to the Chief of Staff, Office of the Chief of Police. The request will be reviewed by the Chief of Staff to determine if it is consistent with the Department's position. Following review and approval by the Chief of Police, and a determination that the Department will seek program inclusion, the Bill Response Report will be forwarded to the Police Commission with a request that it be transmitted to the City Council and the CLA for appropriate action. No Department employee may represent that the City of Los Angeles or the Department supports, opposes, seeks, wishes to amend, or has any position regarding any legislation or administrative action (action by a regulatory body) unless such position is consistent with the adopted City position and has been approved by the Chief of Police. Department employees who wish to determine if a position regarding legislation or an administrative action is consistent with the adopted City and Department’s position, may contact the Department Legislative Liaison Officer, Governmental Liaison Section. Requests for Department’s positions or opinions on legislation from elected officials or their staff may be referred to the Department Legislative Liaison Officer, Governmental Liaison Section. Department employees who wish to receive approval from the Chief of Police to address any legislative issue on behalf of the Department with elected officials or their staff, shall first obtain approval from his/her commanding officer. Approval of statements regarding Department legislative positions shall be coordinated with the Department Legislative Liaison Officer, Governmental Liaison Section. If an employee wishes to, or is requested to express a point of view that is contrary to the adopted City and Department position, he/she must do so on an off-duty basis, at his/her own expense (e.g., staff support, stationery, etc.) and time. Also, it must be clearly stated in the body of the testimony or communication that, "This is a personal opinion. It is not the Department's or the City's position and it is not consistent with the City’s position. Furthermore, I am not acting in my capacity as a sworn or civilian employee of the Department or City." Note: Nothing in this Section prohibits an employee from responding to an inquiry from elected officials or their staff concerning the operational impact of a proposed or pending piece of legislation. However, under such circumstances an employee may not express an official opinion as to whether the Department would support or oppose such legislation. 270.15 EMPLOYEE RELATIONS WITH VENDORS AND CONTRACTORS. When representing the Department to outside business organizations which are, or which are likely to become, vendors or contracting parties with the Department, employees must conduct themselves in a manner which will bring credit to themselves and to the Department. Because a police officer is the most conspicuous representative of government, the officer's conduct is likely to be scrutinized far more severely than that of other persons; therefore, when dealing with prospective contractors, employees must avoid becoming engaged in conduct which is, or which might appear to be, censurable. Department resources will not be committed to furthering the work of a prospective contractor or vendor prior to the formation of a contract. Similarly, whatever is seen or heard of a confidential nature, or that is confided in an official capacity, will be kept as such unless disclosure is necessitated in the furtherance of Department objectives. Personal feelings or motives, or the possibility of personal gain, will not influence decisions. An employee must not place himself/herself in a position of compromise by soliciting or accepting gratuities, even where such activity might otherwise be considered an acceptable form of business negotiations outside the Department. 270.20 ENDORSEMENT OF PRODUCTS AND SERVICES. The Department's position of providing fair and impartial service dictates that each employee must scrupulously avoid using his/her official capacity, title, or position in the Department to endorse any organization, program, product, or service when such endorsement is not approved and required in the performance of his/her duties as defined by the Chief of Police and the Board of Police Commissioners. 270.25 OFFICER CONTACTS WITH THE PUBLIC. In each of his/her contacts with the public, an officer must be aware that his/her actions, appearance, and statements are those of the Department. For that reason, and because of the inherent potential for conflict in many police contacts, an officer must develop a fair, impartial, and reasonable attitude and perform his/her task in a businesslike manner. His or her statements must be the result of considered judgment and be absent of personal opinion, bias, or editorial comment. Extended conversation which reflects the officer's personal opinions will normally be considered inappropriate. 270.30 OUTSIDE EMPLOYMENT POLICY - GENERAL. The nature of the law enforcement task requires Department employees to have the ability to work irregular schedules which are subject to change in meeting deployment needs. Additionally, it is necessary that employees have adequate rest to be alert during their tours of duty. For these reasons, and because certain activities are inherently incompatible with an employee's primary responsibility to the Department, the Department may impose conditions on outside employment or may prohibit it altogether. Determination of the degree of limitation will be based upon the interest of the Department and ensuring that the Department receives full and faithful services in return for its expenditure of resources. Department employees accepting outside employment should be aware that they may not be entitled to legal representation, payment of an adverse judgment, or other benefits from the City that are usually afforded an employee while working on duty. Officers should realize that when they accept off-duty employment, they are generally being hired to perform specific duties for an employer. Thus, officers should have a firm commitment from the employer concerning any subsequent legal representation or other benefits that may become necessary as a result of the officer's conduct in protecting the employer's interests. The Department recognizes that Section 1126 of the Government Code establishes the ultimate control of prohibited activities in the Department's Outside Employment Policy. It is the purpose of this policy to establish specific guidelines regarding prohibited activities which incorporate the broad parameters set forth in Section 1126 of the Government Code. Outside Employment Policy - Specific. An employee shall not enter into any outside employment without having first submitted a summary of proposed duties, location, and employer. Following Department review and a determination that the proposed outside employment is not incompatible with Department employment, an employee shall not change the nature or location of outside employment without having first submitted the proposed change for Department review. Once outside employment is determined to be compatible with Department employment, it shall be reviewed annually thereafter upon the employee's initiative. If it is determined that proposed outside employment is incompatible with Department employment, the employee shall be notified as soon as possible of such determination and that the employment is prohibited. Continuance of outside employment that has been determined to be an incompatible activity shall be considered misconduct and may result in disciplinary action. Determination that outside employment is or is not compatible with Department employment shall be made by the concerned commanding officer and forwarded to the Office of Support Services for approval. An employee may appeal the determination of their commanding officer and the Director, Office of Support Services, to the Chief of Police. An employee may appeal the determination of the Chief of Police, to the Board of Police Commissioners for administrative review. Prohibited activities include those which:
Exception: Outside employment in uniform may not be a prohibited activity in specific cases when a determination has been made by the Board of Police Commissioners that the employment is in the best interest of the City, promotes the Department's interest in public safety and the duties are substantially the same as those which would be preformed if the employee were assigned on duty.
271. RELATIONSHIPS BETWEEN DEPARTMENT EMPLOYEES. Camaraderie among employees is healthy for the employing organization and a necessary ingredient in a successful, productive and fulfilling occupation. However, public trust requires that employees avoid even the appearance of a conflict between their professional responsibilities and their personal relationships with other employees. Generally, the greatest potential for such a conflict arises from an off‑duty social relationship or an outside business interest. Either situation could lead to a personal or financial interest which conflicts with a duty‑related responsibility. The avoidance of an actual or potential conflict is particularly acute for superiors and subordinates, by rank or paygrade, within the same chain‑of‑command. The authority given a superior over a subordinate is a solemn responsibility entrusted to that superior by the Chief of Police. That trust makes the superior an extension of the Chief of Police and demands that every decision made by the superior be totally objective, impeccably fair and, above all, devoid of any personal favoritism. If a superior enters into a personal or business relationship with a subordinate, the motive for decisions made by that superior relative to the subordinate may become suspect and compromise the integrity of those involved. This could lead to a disrupted work environment, reduced production and a decline in morale. All employees should avoid situations which give rise to an actual or apparent conflict between their professional responsibilities and their relationships with other employees. However, should such a situation develop, it is the duty of the involved employees to immediately notify their commanding officer either in person or through the chain‑of‑command. It then becomes the responsibility of that commanding officer to take appropriate action to eliminate the conflict keeping the best interest of both the employees and the Department in mind. Note: Off-duty personal relationships not involving a chain-of-command conflict are not reportable as conflicts of interest under this Section. However, any personal relationship between employees which negatively impacts an involved employee's performance of his/her professional responsibilities is a matter of serious concern to the Department. The Department reserves the right to take appropriate action, including discipline, to eliminate such conflicts in order to maintain an appropriate work environment. 272. POLICY PROHIBITING RETALIATION. The Department is committed to providing an atmosphere in which employees are free from workplace harassment and retaliation of any kind. Retaliation and acts contributing to retaliation are serious misconduct. Therefore, any Department employee who engages in, sanctions or supports such activity is subject to disciplinary action, up to and including termination. Department managers, commanding officers, and supervisors will be held accountable for providing an atmosphere at work in which employees are free from retaliation. Department managers, commanding officers, and supervisors, are also accountable for subordinate employees who engage in behavior that the manager, commanding officer, or supervisor knew, or should have known, was occurring, that formally or informally punish an employee for engaging in protected activity. Retaliation is defined as an adverse employment action taken against an employee for engaging in protected activity. An adverse employment action includes an action that would cause a reasonable employee to be deterred from engaging in a protected activity or an action in direct response to an employee engaging in a protected activity. Adverse employment actions may include, but are not limited to, negative performance evaluations, negative Employee Comment Sheets, the imposition of discipline, denial of a paygrade advancement, coveted assignment or promotional opportunity, or change of assignment. Protected activities include:
Employee’s Responsibility. Any employee who reasonably believes that he or she has been the subject of retaliation as defined above shall report it without delay. Employees may contact any Department supervisor, the Ombuds Office, Internal Affairs Group, Police Commission Discrimination Unit, Risk Analysis Section, or the Office of the Inspector General. It is the duty of Department managers, commanding officers and supervisors to monitor the workplace to prevent retaliation from occurring, identify and stop retaliation when it occurs, take allegations of retaliation seriously and encourage employees to come forward without delay to report retaliation. Note: Taking employment action against an employee that is justified on merit does not constitute retaliation forbidden by law or Department policy. Therefore, all Department managers and supervisors shall ensure that employment actions are appropriate and not motivated by or in response to an employee engaging in protected activity. The Commanding Officer, Risk Management Group, is responsible for providing support and guidance to Department managers and commanding officers after a complaint of retaliation has occurred in their command. 272.10 PROHIBITED ACTS THAT CONTRIBUTE TO RETALIATION. All Department employees are prohibited from engaging in any act or incident of retaliation in the workplace. Employees shall not target another employee in response to such employee engaging in any protected activity as defined in Manual Section 1/272. Any employee who becomes aware of such conduct shall immediately report the misconduct to a supervisor and/or directly to Internal Affairs Group, in accordance with Manual Section 3/813.05. Prohibited behavior may include, but is not limited to:
273. PROTECTION FROM RETALIATION FOR PROVIDING INFORMATION TO THE INSPECTOR GENERAL. It is the policy of the Department that employees are free to contact the Inspector General or respond to queries from the Inspector General without having to fear that their employment might be adversely affected. An employee’s contact with the Inspector General may play no role in any future employment action towards the individual by the Department. Retaliation by adverse employment action or harassment against employees who provide information to the Inspector General is an intolerable violation of Department policy and undermines the effectiveness of oversight efforts of the Inspector General by threatening the continued flow of information. However, the protections of this section shall not apply when the contact was made or the information was disclosed with knowledge that it was false or with willful disregard for its truth or falsity. The Board, the Inspector General and all Department supervisors shall be vigilant in protecting from reprisal or threat of reprisal any individual who discloses any information to the Inspector General. In the event the Inspector General concludes that there is reason to believe retaliation against an individual has occurred, the Inspector General shall:
275. HAZING AND INITIATION ACTIVITIES. The Los Angeles Police Department recruits and selects only the most qualified applicants. Appointment to this Department is based on qualifications not requiring "rites of passage," such as hazing or initiation. Since hazing is harassment by way of initiation, it is misconduct which violates Department policy and will not be tolerated. Hazing includes any activity related to initiation which causes, or is likely to cause physical harm, personal degradation, ridicule, criticism, or mental anguish. Hazing not only exposes the City, the Department, and involved employees to civil liability, but also lowers morale, increases job stress, and negatively impacts the overall effectiveness of Department operations. Of utmost importance is that employees treat one another with respect and courtesy. Individual dignity is an integral part of the Department's management philosophy and must be practiced by everyone. Employees shall conduct themselves in a manner that will foster the greatest harmony and cooperation between themselves and other members of the Department. Department employees are expected to act in a manner that cultivates and maintains a healthy and productive environment. Personnel who become aware of hazing/initiation activity by Department personnel shall take immediate action to stop the activity and report the incident. 280. SEXUAL HARASSMENT. It is essential that the Department maintain a healthy working environment which will provide all employees the opportunity to perform their duties to their fullest potential. The working environment must be free of sexual harassment to assure fair and courteous treatment of all employees. Sexual harassment is a violation of Federal and State law and of City and Department policy. It exposes the City, the Police Department, and the offending employee to serious liability and can lower morale, undermine the integrity of employee relationships, and interfere with the efficiency of Department operations. Sexual harassment is viewed by the Department as serious misconduct which can result in the offending employee being subject to disciplinary action up to and including termination. The Department will not tolerate sexual harassment. Employee’s Responsibility. All employees are responsible for avoiding situations which involve actual or apparent sexual harassment. Employees who become aware of conduct they believe to be sexual harassment, whether or not the conduct is directed at them, witnessed by them, or related to them by another employee, shall report the incident to a supervisor immediately. Employees who do not receive a satisfactory response to their complaint shall contact the next level of supervision, the Sexual Harassment Counselor/Women's Coordinator, Ombuds Office, or Personnel Group. All employees may obtain support and guidance when dealing with situations involving sexual harassment. In addition to their supervisors, the Sexual Harassment Counselor/Women's Coordinator, Ombuds Office, and Personnel Group, employees may also contact the City of Los Angeles Personnel Department’s Sexual Harassment Counselor. Supervisor’s Responsibility. Supervisory employees shall ensure that each workplace has a working atmosphere free from sexual harassment for all employees. The working environment shall be businesslike, assuring fair and courteous treatment for all employees and the public they serve. Supervisors shall take prompt and appropriate action whenever they observe or are made aware of any action or conduct that may be interpreted as sexual harassment. Commanding Officer’s Responsibility. Commanding officers are responsible for ensuring that their commands are free of sexual harassment by providing appropriate training and inspection which ensures the existence of a working environment free of sexual harassment. Moreover, commanding officers shall ensure that supervisors assigned to their command strictly enforce the policy of this Department against sexual harassment promptly and appropriately. 285. SEXUAL ORIENTATION DISCRIMINATION. It is the policy of the Los Angeles Police Department that discrimination in the workplace on the basis of an individual's sexual orientation is unacceptable and will not be tolerated. Department personnel shall not consider an applicant's or employee's known or presumed sexual orientation in any pre-employment or employment action or decision, including but not limited to background checking, testing, hiring, assigning, training, transferring, upgrading, promoting, compensating, evaluating, disciplining and discharging. It is the responsibility of all commanding officers and supervisors to take the necessary steps, including training and appropriate disciplinary action, to ensure and maintain a working environment free from sexual orientation discrimination. The Department shall prohibit, as a form of discrimination, the creation of or contribution to a hostile, intimidating, threatening, offensive, or abusive work environment on the basis of an individual's known or presumed sexual orientation. This includes written, spoken, graphic or demonstrative derogatory terms, slurs, comments, gestures, ridicule, threats, rumors, or jokes with respect to an individual's known or presumed sexual orientation. The Department is committed to eliminating discriminatory conduct in the workplace and will not tolerate or condone any form of sexual orientation discrimination by any Department or City employee. COMMUNITY RELATIONS
310. GENERAL PROVISIONS.
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Back to top A system of law and its enforcement is not superimposed upon an unwilling public in a free society; the law is created by the people themselves to control the behavior of those who would seek to interfere with the community welfare and existence. While the primary responsibility for the enforcement of the law lies with the people, the complexities of modern society and the inability of the people to personally cope with crime has required that they create the police service to assist in maintaining social order. The police represent only a portion of the total resources expended by the public to this end; however, this effort, frequently being restrictive of individual freedom, brings the police into contact with members of the public under circumstances which have a far‑reaching impact upon the lives of the affected individuals. A citizen's encounter with the police can be a very frightening and emotionally painful experience, and under these circumstances, the risk of a misunderstanding is very great. The minimization of this risk is a challenge intrinsic to each public contact by the Department. The Department must strive for the establishment of a climate where an officer may perform his or her duties with the acceptance, understanding, and approval of the public. Additionally, the willing and practiced participation of the people in enforcing the law is essential for the preservation of freedom. 320. INDIVIDUAL DIGNITY. A recognition of individual dignity is vital in a free system of law. Just as all persons are subject to the law, all persons have a right to dignified treatment under the law, and the protection of this right is a duty which is as binding on the Department as any other. An officer must treat a person with as much respect as that person will allow, and the officer must be constantly mindful that the people with whom he/she is dealing are individuals with human emotions and needs. Such conduct is not a duty imposed in addition to an officer's primary responsibilities, it is inherent in them. 330. ROLE OF THE INDIVIDUAL OFFICER. Community relations is manifested in its most common form in the numerous daily encounters between individual officers and citizens. It is at this level that reality is given to the unity of the people and the police and where the greatest burden for strengthening community relations is laid. In dealing with people each officer must attempt to make his/her contact one which inspires respect for himself/herself as an individual and professional and one which generates the cooperation and approval of the public. While entitled to his/her personal beliefs, an officer cannot allow his/her individual feelings or prejudices to enter into public contacts. However, since an officer's prejudices may be subconsciously manifested, it is incumbent upon him to strive for the elimination of attitudes which might impair his/her impartiality and effectiveness. 340. EQUALITY OF ENFORCEMENT. As one of the world's largest cities, Los Angeles is composed of many different communities, each with its own life‑style and each with its own individual crime problems. The cosmopolitan nature of the City is manifested by the diverse ethnic and sociological background of its people. However, all persons in each area of the City have in common the need for the protection which is afforded by fair and impartial law enforcement. Additionally, as a person moves throughout the City, he or she must be able to expect a similar police response to his behavior wherever it occurs. Where the law is not evenly enforced, there follows a reduction in respect for the law and a resistance to its enforcement. In order to respond to varying law enforcement needs in the different parts of the City, the Department must have flexibility in deployment and methods of enforcement; however, enforcement policies should be formulated on a Citywide basis, and applied uniformly in all areas. Implicit in uniform enforcement of law is the element of evenhandedness in its application. The amount of force used or the method employed to secure compliance with the law or to make arrests is governed by the particular situation. Similar circumstances require similar treatment in all areas of the City and for all groups and individuals. To ensure equal treatment in similar circumstances, an officer must be alert to situations where, because of a language barrier or for some other reason, he or she may be called upon to display additional patience and understanding in dealing with what might otherwise appear to be a lack of response. 345. POLICY PROHIBITING RACIAL PROFILING. The Department shall continue to prohibit discriminatory conduct on the basis of race, color, ethnicity, national origin, gender, sexual orientation, or disability in the conduct of law-enforcement activities. Police-initiated stops or detentions, and activities following stops or detentions, shall be unbiased and based on legitimate, articulable facts, consistent with the standards of reasonable suspicion or probable cause as required by federal and state law. Department personnel may not use race, color, ethnicity, or national origin (to any extent or degree) in conducting stops or detentions, or activities following stops or detentions, except when engaging in the investigation of appropriate suspect-specific activity to identify a particular person or group. Department personnel seeking one or more specific persons who have been identified or described in part by their race, color, ethnicity, or national origin, may rely in part on race, color, ethnicity, or national origin only in combination with other appropriate identifying factors and may not give race, color, ethnicity or national origin undue weight. Failure to comply with this policy is a violation of an individual’s constitutional rights. It is also counterproductive to professional law enforcement, amounts to racial profiling, and is considered to be an act of serious misconduct. Any employee who becomes aware of racial profiling or any other violation of this policy shall report it in accordance with established procedure. The Commanding Officer, Internal Affairs Group, shall ensure that all complaint allegations involving racial profiling are categorized under the appropriate category contained in the Department’s Penalty Guide. 350. RESPONSIVENESS TO THE COMMUNITY. The Department must be responsive to the needs and problems of the community. While the Department's task is governed by the law, the policies formulated to guide the enforcement of the law must include consideration of the public will. This responsiveness must be manifested at all levels of the Department by a willingness to listen and by a genuine concern for the problems of individuals or groups. The total needs of the community must become an integral part of the programs designed to carry out the mission of the Department. 360. OPENNESS OF OPERATION. Law enforcement operations in a free society must not be shrouded in secrecy. It is necessary that there be full public disclosure of policies and an openness in matters of public interest. Consistent with protection of the legal rights of involved individuals and with consideration of the necessity for maintaining the confidentiality of Department records and of other primary Department responsibilities, the Department is to disseminate accurate and factual accounts of occurrences of public interest. Additionally, the Department must strive to make known and accepted its objectives and policies. 370. INTERPERSONAL COMMUNICATION. To promote understanding and cooperation there must be interpersonal communication between members of the community and officers at all levels of the Department. Each employee must be aware of the law enforcement needs of the community and his or her particular assigned area of responsibility. Guided by policy, an officer must tailor his or her performance to attain the objectives of the Department and to solve the specific crime problems in the area served. The Department must provide for programs to encourage productive dialogue with the public at all levels and to ensure that the unity of the police and the people is preserved. 380. TRAINING IN HUMAN AND COMMUNITY RELATIONS. The selection process for police officers is designed to choose the most qualified and to eliminate those who are physically, emotionally, mentally, or socially unfit. Those selected, however, are representative of the community at large and as such are subject to having the same prejudices and biases found in much of society. Exposure to crime and its aftermath can tend to harden and render insensitive an officer whose sympathetic understanding is needed to properly perform his/her duties. The Department must provide initial and continuing training in human and community relations to help officers avoid this hardening of attitude and to imbue in each officer an understanding of his/her total role in the community. 390. UNDOCUMENTED ALIENS. Undocumented alien status in itself is not a matter for police action. It is, therefore, incumbent upon all employees of this Department to make a personal commitment to equal enforcement of the law and service to the public regardless of alien status. In addition, the Department will provide special assistance to persons, groups, communities and businesses who, by the nature of the crimes being committed upon them, require individualized services. Since undocumented aliens, because of their status, are often more vulnerable to victimization, crime prevention assistance will be offered to assist them in safeguarding their property and to lessen their potential to be crime victims. Police service will be readily available to all persons, including the undocumented alien, to ensure a safe and tranquil environment. Participation and involvement of the undocumented alien community in police activities will increase the Department's ability to protect and to serve the entire community. COMMUNITY AFFAIRS420. NEWS MEDIA RELATIONS - Back to top420.10 ROLE OF THE NEWS MEDIA. A well‑informed public is essential to the existence of a democratic nation. To effectively exercise his or her franchise, a citizen must be aware of current events and the state of government. A free press serves the public by supplying needed information, by stimulating thought, and by providing a medium for expression. Crime, its results, and the efforts to combat it are all matters of continuing public concern. The Department is regularly involved in events at which members of the news media are properly present and performing their task of gathering information. 420.20 ROLE OF THE DEPARTMENT. The Department actively seeks to establish a cooperative climate in which the news media may obtain information on matters of public interest in a manner which does not hamper police operations. However, certain information must be withheld from the news media in order to protect the constitutional rights of an accused, to avoid interfering with a Department investigation, or because it is legally privileged. 420.30 DEPARTMENT PRESS RELATIONS OFFICER. To foster cooperation and mutual respect between the news media and the Department, a member of the personal staff of the Chief of Police is designated as the Department’s Public Information Officer. His or her personal services are made available to authorized representatives of the news media to assist in solving problems of mutual concern to the press and the Department. Additionally, the Public Information Officer responds to serious police incidents to assist the news media in their function. 420.40 RESPONSIBILITY FOR THE RELEASE OF INFORMATION. When an event being investigated is of such a spectacular or unusual nature as to stimulate general community interest, the news media will be notified. Normally, it is the responsibility of an Area or division commanding officer or the senior officer at the scene to make such notifications; however, when there is an event of major proportions, the Public Information Offic | |||