Rule 102

Question 1

Section 1 - DEFINITIONS

Answer 1

For the purpose of this rule, the following definitions will apply. Employee shall mean all members of the Boston Police Department, both officers and civilian personnel. Force refers to the sworn membership of the Department who are vested with full police powers. Officer means a sworn Department member clothed with full police powers.

Question 2

Section 2 - GENERAL CONSIDERATIONS

Answer 2

Police officers are more visible to the community than most other persons in government or public service. Public scrutiny, and sometimes public criticism, is directed not only at police performance but also at the behavior of those who deliver police services. The establishment of proper standards for police behavior must take into account not only the expectations of the citizen but also the importance of respecting the individual rights of police employees. The Boston Police Department recognizes that its employees have certain basic personal rights and restricts those rights only where necessary to ensure the integrity of the Department and the highest quality of police service are maintained.

Question 3

Section 3 - CONDUCT

Answer 3

Employees shall conduct themselves AT ALL TIMES, both ON and OFF DUTY in such a manner as to reflect most favorably on the Department. Conduct unbecoming an employee shall include that which tends to indicate that the employee is unable or unfit to continue as a member of the Department, or tends to impair the operation of the Department or its employees.

Question 4

Section 4 - NEGLECT OF DUTY

Answer 4

This includes any conduct or omission which is not in accordance with established and ordinary duties or procedures as to such employees or which constitutes use of unreasonable judgment in the exercising of any discretion granted to an employee.

Question 5

Section 5 - MAINTAINING DEPARTMENT RULES AND PROCEDURES

Answer 5

Employees of the Department shall sign a receipt for a copy of this and all other subsequent Rules and Procedures of the Department as they are promulgated. Employees shall maintain their copies of the Rules and Procedures of the Department in the binder provided and shall be prepared to produce their binder for the examination or inspection by the members of the Staff Inspection Division or any superior officer or supervisor upon reasonable notification. In addition, employees shall be responsible for knowledge of, and full compliance with, all Rules and Procedures of the Department that apply to their duties. District and unit commanders shall return the signed acknowledgments of the receipt of Department Rules and Procedures to the Office of Staff Inspections after all personnel under their command have signed the receipt list.

Question 6

Section 6 - ACCOUNTABILITY

Answer 6

Superior officers and supervisors shall be held accountable for the actions of all subordinates subject to their authority and under their command.

Question 7

Section 7 - RESIDENCE AND TELEPHONE

Answer 7

Except as otherwise provided by law, all officers of the Department shall live in the City of Boston. All employees of the Department shall report their places of residence and their telephone number to the Commanding Officer or supervisor of the Bureau, Division, District, Unit or Office to which they are assigned. They shall also report to that person any change of residence or telephone number WITHIN TWENTY-FOUR (24) HOURS after such change. The procedures which follow are instituted to standardize the process for all Department employees reporting a change of their name, address, telephone number or tax withholdings and to ensure compliance with Internal Revenue Service record keeping regulations.

Question 8

Section 8 - DIRECTIVES AND ORDERS

Answer 8

Employees shall OBEY and COMPLY with all rules, orders and other directives of the Department whether transmitted verbally or in writing. Employees shall obey all orders of a superior officer or supervisor.

Question 9

Sec. 8 - Improper Orders

Answer 9

An employee, given an order which he believes to be improper or not in accordance with Department rules, must obey the order. He may then appeal the matter to his commanding officer, and if the matter is not resolved at that level, it may be appealed through the chain of command to the Police Commissioner.

Question 10

Sec. 8 - Conflicting Orders

Answer 10

An employee given an order which conflicts with Department rules and/or policies or with a previous order from a higher authority, shall PROMPTLY and RESPECTFULLY call the conflict to the attention of the superior officer or supervisor giving the order. If the superior officer or supervisor does not withdraw or change his order to avoid the conflict, the order shall be binding upon the employee unless or until it is specifically countermanded by an officer or supervisor of higher rank.

Question 11

Section 9 - RESPECTFUL TREATMENT

Answer 11

Employees shall, ON ALL OCCASIONS, be civil and respectful, courteous and considerate toward their supervisors, their subordinates and all other members of the Department and the general public. No employee shall use epithets or terms that tend to denigrate any person(s) due to their race, color, creed, gender identity or sexual orientation except when necessary in police reports or in testimony.

Question 12

Section 10 - REPORTING FOR DUTY (A)

Answer 12

A. Employees shall report for duty at the time and place specified by their superior officer or supervisor and shall be physically and mentally fit to perform their duty. They shall be PROPERLY EQUIPPED and COGNIZANT of the information required for the proper performance of duty so that they may immediately assume their duties. They shall acquaint themselves with all matters occurring since their last tour of duty which affect their responsibilities and be accountable for compliance with all new orders, rules, bulletins and circulars.

Question 13

Sec. 10 REPORTING FOR DUTY (B)

Answer 13

B. No officer shall work or be permitted to work more than the equivalent of two (2) tours of duty or more than eighteen (18) hours in any given twenty-four (24) hour period. This shall include all hours worked (including, but not limited to regularly scheduled tour of duty, overtime, court time, paid details, working in (W/I), union business, outside employment). However, if an Officer is ordered to work an assignment that will put the officer beyond the Eighteen (18) hours due to the operational needs of the Department

Question 14

Sec. 10 REPORTING FOR DUTY (C)

Answer 14

C. No officer shall work more than ninety (90) hours in one (1) week, from 8:00 AM Saturday until 8:00 AM the following Saturday. These hours shall include all hours worked (i.e. regularly scheduled tour of duty, overtime, court time, paid details, compensatory time, union business, outside employment). Any tour of duty missed due to illness or injury, suspension or administrative leave shall also be included in the calculation of the total of hours worked for the week.

Question 15

Section 11 - GROOMING

Answer 15

All uniformed personnel when reporting for duty shall be properly groomed. Hair shall be neatly trimmed and not overhanging a shirt collar. Side burns may not extend below the bottom of the ear and shall be straight and neatly trimmed and not be allowed to flare out from the ear. In no case shall the bulk of the hair interfere with the proper wearing of uniform headgear. If a beard or mustache is worn, it shall be well groomed and neatly trimmed at all times in order not to present a ragged appearance. Full and partial beards are authorized, but patchy, spotty clumps of facial hair are not considered beards and as such are not permitted. The bulk of the beard (distance that the mass of facial hair protrudes from the skin of the face) shall not exceed one-half an inch. The length of the individual facial hair shall be limited to three quarters of an inch. No portion of any mustache will extend below the lip line of the upper lip. Police officers, while in uniform, shall not wear earrings or ear-studs; nose-studs; or any type of necklace chain or medallion outside of a uniform shirt, blouse or jacket.

Question 16

Section 12 - SLEEPING ON DUTY

Answer 16

Employees shall remain awake and alert while on duty.

Question 17

Sec. 13 USE OF ALCOHOL AND TOBACCO ON DUTY

Answer 17

Employees shall not drink alcoholic beverages when on duty unless it is necessary to gain evidence and upon the order of a superior officer. Employees shall not appear for duty or be on duty while under the influence of alcoholic beverages to any degree whatever or have an odor of alcohol on their breath. Employees shall not smoke or chew tobacco while in uniform, when in view of the public, or when in contact with the public. (This is not meant to prohibit smoking in a sector car, wagon, or unmarked car.) No employee shall smoke or chew tobacco when in direct contact with the public (while taking a report, conducting an interview, or making an investigation on private property), in uniform or in plainclothes.

Question 18

Section 14 - USE OF ALCOHOL OFF DUTY

Answer 18

Officers while off duty shall refrain from consuming alcoholic beverages to the extent that it results in obnoxious or offensive behavior which would tend to discredit them or the Department or render them unfit to report for their next regular tour of duty. Employees shall not consume alcoholic beverages in public places while wearing the uniform of the Department or while wearing any part of the uniform which could indicate that they are employees of the Department.

Question 19

Section 15 - ALCOHOLIC BEVERAGES ON POLICE INSTALLATIONS

Answer 19

Employees shall not bring into or store alcoholic beverages in any police facility or vehicle except alcoholic beverages which are to be held as evidence or found property which is held for safekeeping.

Question 20

Section 16 - USE OF DRUGS

Answer 20

Employees shall not use any prescription drugs, controlled substances, narcotics or hallucinogens except when prescribed in the treatment of the employee by a registered physician or dentist. When prescription drugs, controlled substances, narcotics or hallucinogens are prescribed for him, an employee shall notify his superior officer or supervisor, in writing, before his next tour of duty of such prescription. Prescription drugs, controlled substances, narcotic or hallucinogenic shall mean any substances so defined in Massachusetts General Laws, Chapter 94C. A superior officer or supervisor shall, when notified by an employee that any prescription drugs, controlled substances, narcotics or hallucinogens have been prescribed and ingested, notify the Department physician of the quantity of the substance which the employee reports has been prescribed and shall be guided by the Department physician’s opinion as to whether or not the employee can fulfill his duties while under the influence of such prescribed substance. In the event that the Department physician cannot be reached, the superior officer or supervisor shall exercise his own best judgment as to whether or not the employee, reporting the use of such substance, should perform his Departmental duties. Whether or not the employee does continue to perform his Department duties shall not affect the responsibility of the superior officer or supervisor to notify the Department physician of the use of such substance as soon as possible.

Question 21

Section 17 - POLICE SERVICE

Answer 21

Employees, while on duty, shall promptly respond to all persons requesting service, insofar as it is within their duties and is consistent with Department rules and policies.

Question 22

Section 18 - PERSONAL BUSINESS

Answer 22

Employees of the Department shall not engage in personal business while on duty and shall avoid all activities not relating directly to their Departmental responsibilities.

Question 23

Section 19 - STATEMENT OF OPINION

Answer 23

Employees shall not publicly criticize or ridicule the Department, its policies, or other employees by speech, writing, or expression in any other manner when such speech, writing or other expression is defamatory, unlawful, interferes with the maintenance of discipline, or is made with reckless disregard of its truth or falsity.

Question 24

Section 20 - SELF IDENTIFICATION

Answer 24

General Law, Chapter 41, Section 98D, requires every officer to carry his identification card with photograph and exhibit this card upon a lawful request for purposes of identification. Any officer, acting in his official capacity, shall give his NAME, RANK and BADGE NUMBER, in a CIVIL MANNER to any person who may inquire unless he is engaged in an undercover police operation and his physical safety or the police operation would be jeopardized by his making such identification. Civilian employees, while engaged in their Departmental duties, shall identify themselves in a civil manner to any person who may inquire as to their identity and status within the Department.

Question 25

Section 21 - CHARITABLE SOLICITATIONS

Answer 25

Employees, while on duty or in uniform, shall not solicit from the general public money, gifts, or other things of value for charitable or testimonial purposes nor otherwise use their identity as police officers for such purposes.

Question 26

Section 22 - GIFTS AND GRATUITIES

Answer 26

Employees of this Department shall not solicit, seek or accept any gift or gratuity, including food, drink, admissions to public transportation or public amusements, for themselves or others, from an individual, merchant, or business establishment, when it can be construed to involve their position as an employee of the Boston Police Department. Employees of the Department or their agents or persons/corporations/associations, etc., at their request/direction shall not seek, solicit or accept contributions in any form whether moneys, goods or sponsorships from any individual, firm or corporation licensed in whole or in part by the Commonwealth of Massachusetts, the City of Boston, or any political subdivisions thereof. Employees shall immediately report to their commanding officer, in writing, any offer or attempt to offer any gift or gratuity when it can be construed to involve their position as an employee of the Boston Police Department.

Question 27

Section 23 -DEPARTMENTAL REPORTS – TRUTHFULNESS

Answer 27

Employees shall submit all necessary reports on time and in accordance with established Departmental procedures. Reports submitted by employees shall be TRUTHFUL and COMPLETE. No employee shall knowingly enter, or cause to be entered, any inaccurate, false or improper information.

Question 28

Section 25 - REPORTING LAW VIOLATIONS

Answer 28

All officers shall report in writing to their Commanding Officer all information that comes to their attention concerning organized crime, vice, gaming, liquor or narcotic violations, all felony violations of the criminal statutes of the Commonwealth, and violations of the conditions of any license which have been issued to persons or premises.

Question 29

Section 26 - REWARDS

Answer 29

Employees may be permitted by the Commissioner, at his discretion, to receive rewards with a monetary value tendered for services rendered in the discharge of their duties which are especially meritorious or otherwise in the public interest. In each and every case, application must be made in writing to the Commissioner for permission to give or receive any reward.

Question 30

Section 27 -ABUSE OF PROCESS – WITHHOLDING EVIDENCE:

Answer 30

Officers shall not intentionally manufacture, tamper with, falsify, destroy, or withhold evidence or information nor make any false accusations of a criminal charge or seek to influence the outcome of any investigations.

Question 31

Section 28 -RECOMMENDATIONS OF SERVICE

Answer 31

Employees shall not recommend or suggest in any manner except in the transaction of personal business, the employment or procurement of a particular product, professional service, or a commercial service, including, but not limited to, the services of an attorney, bondsman, bail commissioner or funeral director, an ambulance service or a towing service. In the case of an ambulance or towing service, when such service is necessary and the person needing the service is unable or unwilling to procure it, the officer shall proceed in accordance with established Department procedure.

Question 32

Section 29 -ENDORSEMENT OF COMMERCIAL PRODUCTS

Answer 32

The Department does not endorse commercial products or allow its facilities to be used for such endorsements. Departmental personnel shall not make any endorsements of commercial products in their capacity as members of the Department.

Question 33

Section 30 -POLITICAL ACTIVITY

Answer 33

Employees shall be permitted to: Register and vote in any election. Express opinions as private individuals on political issues and candidates, subject to the provisions of Section 19 of this Rule. Attend political conventions, rallies and similar political gatherings as private individuals. Sign political petitions as private individuals. Become candidates for election to an office of any town or city, other than the City of Boston, in any county other than Suffolk County, or other local or regional office which are not prohibited by Section 31 of this Rule. Hold membership in a political party and participate in its functions to the extent consistent with law and with these rules. Participate fully in public affairs to the extent that such endeavors do not impair the natural and efficient performance of official duties, or create real or apparent conflicts of interest.

Question 34

Section 31 -EMPLOYEES NOT ON LEAVE OF ABSENCE PURSUANT TO SECTION 32 OF THIS RULE ARE PROHIBITED FROM

Answer 34

Engaging in any political activities prohibited by federal law, state statute or municipal ordinance. Except for the Police Commissioner and/or his or her designee[s] when acting in their official capacities, publicly endorsing or opposing political candidates and/or issues in any way which would cause a reasonable person, having knowledge of the relevant circumstances, to conclude that the employee was acting in his or her official capacity as a member of the Boston Police Department. No bargaining unit member shall be compelled to act as the “designee” under this provision. Under no circumstances shall a member of the Department, other than the Commissioner and/or his or her designee acting in their official capacity, appear in uniform on behalf of a political candidate or on a political issue, whether on or off duty.

Question 35

Section 32 -EMPLOYEES SEEKING POLITICAL OFFICE

Answer 35

Every employee of the Police Department upon becoming a candidate for election to any office specified in Section 31 shall take a leave of absence, without pay, effective with the day he requests nomination papers or subscribes his statement of candidacy and continuing until whichever of the following first occurs; his failure of nomination or election at the primary or final election or his failure to become, or withdrawal as a candidate, or if elected, the termination of his term of office.

Question 36

Section 33 - EMPLOYMENT OUTSIDE OF THE DEPARTMENT

Answer 36

Employees may engage in off- duty employment subject to the following limitations (this section does not apply to Department- assigned paid details):

Question 37

Section 34 -MUTUAL PROTECTION

Answer 37

In an emergency, an officer shall promptly come to the aid of any officer who, when carrying out his official duties, is in need of assistance.

Question 38

Section 35 -CONFORMANCE TO LAWS:

Answer 38

Employees shall obey all laws of the United States, of the Commonwealth of Massachusetts, all City of Boston ordinances and by- laws and any rule or regulation having the force of law of any board, officer, or commission having the power to make rules and regulations. An employee of the Department who commits any criminal act shall be subject to disciplinary action up to and including discharge from the Department. Each case shall be considered on its own merits, and the circumstances of each shall be fully reviewed before the final action is taken.

Question 39

Section 36 -CRIMINAL COMPLAINTS, PROTECTIVE CUSTODY, AND ARRESTS

Answer 39

An employee of the Department, upon learning that an application for a criminal complaint has been made against them, or that a complaint has been issued against them, or has been arrested, or has been taken into protective custody, shall notify their commanding officer verbally and in writing within 24 hours, or as soon as possible. Failure to provide proper notification may result in a separate disciplinary action for failure to notify, in addition to any discipline that may be considered for the underlying incident. Such notification shall be a summary of the complaint sought or issued and the projected date of the hearing or trial; or in the case of an incident of protective custody or arrest the circumstances and details related to the protective custody or arrest. The commanding officer receiving such notification shall transmit a copy of the employee's report to the Office of the Police Commissioner and the Superintendent of the Bureau of Professional Standards

Question 40

Section 37 - SITUATIONS INVOLVING FAMILY OR FRIENDS

Answer 40

An officer confronted with a situation requiring police intervention, in which a member of his family or a friend is involved, SHALL NOT INTERVENE UNLESS AN EMERGENCY EXITS, and then only to meet the emergency. The officer concerned shall notify the Operations Section, or if outside the City of Boston, the appropriate police agency, so that a more objective police unit may handle the matter.

Question 41

Section 38 - SITUATIONS INVOLVING OFF-DUTY BOSTON POLICE OFFICERS AND CIVILIANS OCCURRING WITHIN THE CITY OF BOSTON

Answer 41

When an officer is confronted with a situation in which the conduct of an off-duty Boston Police Officer or civilian employee is in question, that officer shall follow appropriate and normal police procedures and, as soon as possible, SHALL NOTIFY THE OPERATIONS SECTION and REQUEST THAT A SUPERIOR OFFICER RESPOND TO THE INCIDENT. The responding Superior Officer shall notify the Operations Division to notify the Superintendent of the Bureau of Professional Standards if the off-duty officer or civilian employee is arrested, detained, if they have information to indicate that a criminal complaint will be filed, or if the Superior Officer determines that the conduct in question should be referred to the Bureau of Professional Standards. In addition, the Superior Officer shall notify the Commander of the area, division or unit to which the off-duty officer or civilian employee is assigned.

Question 42

Section 38A - SITUATIONS INVOLVING OFF-DUTY BOSTON POLICE OFFICERS AND CIVILIANS OCCURRING OUTSIDE THE CITY OF BOSTON:

Answer 42

When an on-duty officer or civilian employee is made aware of a situation in which the conduct of an off-duty Boston Police Officer or civilian employee is in question, that officer or civilian employee SHALL NOTIFY THEIR IMMEDIATE SUPERVISOR. THE SUPERVISOR SHALL NOTIFY THE OPERATIONS DIVISION TO NOTIFY THE SUPERINTENDENT OF THE BUREAU OF PROFESSIONAL STANDARDS if the off-duty officer or civilian employee is arrested, detained, if they have information to indicate that a complaint will be filed, or if the Superior Officer believes that the conduct in question should be referred to the Bureau of Professional Standards. In addition, the Superior Officer shall notify the Commander of the area, division or unit to which the off-duty officer or civilian employee is assigned.

Question 43

Section 39 -ASSOCIATION WITH CRIMINALS

Answer 43

Department employees shall not associate with persons whom they know, or should know, are persons under criminal investigation, or who have a reputation in the community or in the Department for recent or present involvement in felonious or criminal activities. This rule shall not apply where said associations are necessary in the performance of official duties, or where said associations are unavoidable due to familial relationships of employees.

Question 44

Section 40 - RESIDENCY

Answer 44

A. All members of the AFSCME, SEIU and SENA bargaining units hired by the city after July 1, 1980 shall be subject to the City of Boston Residency Ordinance. All other civilian employees shall be subject to the Residency Ordinance regardless of their date of hire, except as referenced in the Ordinance itself. B. All members of the Department who become sworn permanent officers after July 1, 1994 shall be subject to the City of Boston Residency Ordinance.