Minnesota Department
of Corrections
Division Directive: 107.009 Title: Professional Code of Conduct
Issue Date: 2/5/13
Effective Date: 2/19/13
AUTHORITY: Minn. Stat. §626.8457
and Minn. Rules Chap.
6700.2000 and 2100
PURPOSE: To define conduct unbecoming
a peace officer of the department's fugitive apprehension unit. This directive supplements the law enforcement
code of ethics contained in Division Directive 107.008, “The Law Enforcement
Code of Ethics.”
APPLICABILITY: Minnesota Department of Corrections (DOC); all sworn peace officers of the office of
special investigations (OSI) fugitive apprehension unit.
DIRECTIVE: All sworn peace officers in the department's
fugitive apprehension unit must conduct themselves in a professional and
ethical manner at all times. Conduct
which detracts from a professional and ethical manner is prohibited and circumstances
suggesting an officer has engaged in unbecoming conduct must be investigated
and disciplinary action must be taken when appropriate.
DEFINITIONS:
Board – Minnesota Peace Officer Standards and Training
Board.
Misconduct – an act or omission by an employee or appointee of
an agency licensed by the Board that may result in disciplinary action by the
agency or appointing authority.
PROCEDURES:
A. Code
of conduct
1. Fugitive
apprehension unit members (FAUMs) must conduct themselves in accordance with
the Constitution of the United States, the Minnesota Constitution, and all
applicable laws and rules enacted or established pursuant to legal
authority. FAUMs are also obligated to
follow all other department policies.
2. All
FAUMs are required to take appropriate peace officer action toward aiding a
fellow officer exposed to danger or in a situation where danger may be
impending.
3. On-duty
FAUMs must, at all times, take appropriate action within their statutory scope
to protect life and property, preserve the peace, prevent crime, detect, and
arrest violators of laws which the FAUMs have the authority to enforce.
4. FAUMs
must not interfere with any criminal investigation being conducted by the
department or any law enforcement agency.
FAUMs must not knowingly communicate in any manner, either directly or
indirectly, any information which may assist persons suspected or accused of
criminal acts to escape arrest or punishment or which may enable them to
dispose of evidence.
FAUMs must not recommend a dismissal, reduction of charges, or other
disposition of a pending criminal case that has been previously filed in any
criminal court or before a grand jury except by written approval of the
assistant director - investigations. A
copy of the approval must be kept in a case file.
FAUMs must not interfere with the attendance of witnesses or their
testimony through coercion, bribery, or other means.
5. FAUMs must
not attempt to have any traffic citation reduced, voided, or stricken from the
calendar for personal or monetary consideration.
6. FAUMs must
immediately report any violation of rules, regulations, or laws that come to
their attention to the assistant director - investigations, regardless of the
violator’s assignment or position within the department.
7. Any
FAUM charged, arrested, cited for a non-traffic violation, but including
driving under influence (DUI), or notified they are being investigated for a
criminal offense must promptly notify the assistant director – investigations and/or
deputy director. Notification must
consist of telephone or written contact.
Required information is the formal charge or allegation; date, time, and
jurisdiction of alleged occurrence; and any special or relevant factors. FAUMs must also notify the assistant director
- investigations of the disposition at the time of the charge or when case is
disposed.
8. FAUMs must
maintain a valid driver’s license that is accepted by the State of Minnesota at
all times as a condition of employment.
FAUMs must promptly report loss or limitation of driving privileges to
the assistant director - investigations.
9. FAUMs must
give their name and/or badge number to any person upon request.
10. FAUMs must
not use indecent, profane, or unnecessarily harsh language in the performance
of their official duties or in the presence of the public.
11. FAUMs must
not accept, agree to accept, or solicit a bribe. A bribe is a benefit, reward, or
consideration, to which a FAUM is not legally entitled which is intended to
influence an employee’s performance of duties or execution of powers.
FAUMs must not solicit or accept any gift, gratuity, reward, loan, fee,
discount, rebate, or special consideration arising from or offered because of
FAUM employment or any activity connected with such employment. FAUMs must also not accept from or offer to
other FAUMs any gift or gratuity that is in any way intended to influence
assignment or treatment.
12. FAUMs
must treat all fellow employees with respect.
They must be courteous and civil at all times with one another.
13. FAUMs
must not publicly criticize or ridicule the department or other law enforcement
agencies while representing the department, its policies or other employees as
to the performance of their duties in a manner which is defamatory, obscene,
unlawful, or in any other manner which impairs the effective operation of the
department or in a manner which displays a reckless or knowing disregard for
the truth. This regulation must not be
construed so as to impair the exercise of free speech by FAUMs on matters of
public concern.
14. FAUMS
must not use any derogatory language or actions which are intended to
embarrass, humiliate, or shame a person, or do anything intended to incite
another to violence.
15. FAUMs must
be decorous in their language and conduct.
They must refrain from actions or words that bring discredit to the
department. They must also not use words
or terms which hold any person, group or organization up to contempt. The use of such unacceptable terms is
strictly forbidden.
FAUMs must not display material that may be considered discriminatory,
derogatory, or biased in or on state property.
Specifically, discriminatory, derogatory, or biased materials regarding
race, color, creed, religion, ancestry, national origin, sex, sexual
preference, disability, age, marital status, public assistance, or familial
housing are prohibited. Such materials
include, but are not limited to, calendars, cartoons, and posters.
16. FAUMs
must conduct themselves in the buildings and offices of the department in a
manner which must not discredit the department.
FAUMs must not bring to or keep any dangerous drug or narcotic or
alcoholic beverage in the departments’ premises except for evidentiary
purposes.
17. Any
financial reward paid or sent to any FAUM as a result of on-duty peace officer
action must be promptly forwarded to the director of the office of special
investigations who must then turn it over to the deputy commissioner for
disposition.
18. FAUMs must
avoid regular or continuous association or dealings with persons whom they
know, or should know, are under criminal investigation or indictment or who
have a reputation in the community or department for involvement in criminal
behavior, except as necessary in the performance of official duties, or when
unavoidable because of family ties to the employee.
19. FAUMS must
not engage or participate in any form of illegal gambling at any time.
20. Off-duty
FAUMs must not carry any firearm or ammunition while using narcotics or mood
altering medications without medical approval.
Off-duty FAUMs must not carry any firearm while using a controlled
substance, or while using or under the influence of alcohol.
21. FAUMs must
never be under the influence of alcohol while on duty. A reading of .04 blood/alcohol concentration
is considered under the influence of alcohol.
FAUMs must not consume alcoholic beverages while on duty or in uniform.
FAUMs must not consume alcoholic beverages while off-duty to the extent
that they are considered under the influence of alcohol when reporting for
duty.
No
FAUM must be under the influence of any narcotics or mood altering medications
without medical approval while on duty.
When an employee is prescribed medication which may affect an employee
mentally or physically, that FAUM must notify the assistant director and deputy
director of fugitive apprehension unit and human resources.
22. FAUMs must
pay all debts when due and must not undertake any financial obligations which
they know or should know they must be unable to meet.
23. FAUMs must
carry out their duty with integrity, fairness, and impartiality.
24. FAUMs are
not authorized to use their names or photographs in a manner that identifies
the officer as an employee of the department in connection with advertisements
for any product, commodity, or enterprise.
FAUMs
must maintain a neutral position with regard to the merits of any labor
dispute, political protest, or public demonstration while acting in an official
capacity. FAUMs must not make
endorsements of political candidates while on duty or while wearing the
department’s official uniform.
This
section does not prohibit FAUMs from engaging in free expression of political
speech in their capacities as private citizens, or the rights of police
fraternal or labor organizations to endorse political candidates or express
views on political issues or other matters of public concern.
1. FAUMS
must respond as soon as possible to calls or notifications on fugitive
apprehensions.
2. FAUMS must
provide emergency medical care when necessary.
The care provided must be consistent with their first responder
training. All FAUMs must be certified
first responders and are responsible for maintaining that certification.
3. FAUMs must
remain alert, observant, and occupied with fugitive business during their tour
of duty. When on duty, FAUMs must devote
their entire attention to the business of the department. It is a violation of this order for FAUMs to
conduct personal or private business while on duty or for officers to engage in
policing for private interests while on duty.
4. FAUMs must
not make referrals to any attorney or other business from on-duty contacts.
5. On-duty
FAUMs must be armed at all times except where prohibited. Weapons must conform to department
specifications.
6. All
sworn FAUMs must carry their badge, handcuffs, and identification card at all
times while on duty or in uniform unless the nature of the assignment would
dictate non-police identification.
7. FAUMs must
have prior approval of a superior officer before initiating undercover
investigations while on duty.
C. Procedural
code of conduct
1. FAUMs
must not knowingly exceed their authority in the enforcement of the law.
2. No
FAUM must arrest any person or search any premises except with a warrant or
where such arrest or search is authorized without warrant under the laws of the
United States.
3. No
FAUM must falsely arrest, or direct any malicious prosecution against any
person.
4. No
FAUM must willfully mistreat or give inhumane treatment to any person held in
custody.
5. FAUMs must
not render aid or assistance in civil cases except to prevent an immediate
breach of the peace or to quell an existing disturbance. FAUMs may inform any citizen of the steps
necessary to institute a civil suit or advise citizens on protecting their
rights.
6. FAUMs must
not willfully misrepresent any matter, sign any false statement or report, or
commit perjury before any court, grand jury or judicial hearing.
7. FAUMs must
not knowingly remove or destroy, or cause such action, to any report, document,
evidence, or record without authorization.
8. FAUMs must
not give any lawyer, bondsman, agent, or any other person unauthorized or confidential
information regarding prisoners in confinement, suspects in a case, property
held, or records of the department.
9. FAUMs must
not make known any information concerning the progress or future actions to be
taken on an open investigation to any person not authorized to receive such
information by the case investigator or the director of OSI.
REVIEW: Annually
REFERENCES: Division
Directive 107.008, “The Law Enforcement Code of Ethics”
SUPERSESSION: Division Directive 107.009, “Professional
Code of Conduct,” 10/5/10.
All
memos or other communications whether verbal, written, or transmitted by
electronic means regarding this topic.
ATTACHMENTS: None
/s/
Deputy Commissioner, Facility
Services