Policy Text
Policy
330Fremont Police Department
Guidelines for Conduct
330.1 PURPOSE AND SCOPE
The Guidelines for Conduct represent the rules and regulations which govern all members of the
Fremont Police Department. The purpose is to outline rules of conduct for, and the expectations
of, all members of the Department.
330.2 DEFINITIONS
Canons - Statements which express, in general terms, standards of professional conduct
expected of members of the Fremont Police Department in their relationships with the public, the
criminal justice system, and the law enforcement profession. They embody the general concepts
from which the ethical standards and the disciplinary rules are derived.
Chain of Command - The ranks within the Police Department are, in descending order:
(a)Chief of Police
(b)Captain
(c)Lieutenant or Professional Manager
(d)Sergeant or Professional Supervisor
(e)Police Officer or Professional Employee
Employee/Member/Personnel - Refers to all full and part-time employees and representatives
of the Fremont Police Department, including sworn peace officers, reserve officers, professional
employees, and volunteers.
Ethical Standards - Statements that represent the objectives toward which every member of the
Fremont Police Department shall strive. They constitute principles that can be relied upon by the
member for guidance in specific situations.
Peace Officer - A regular, employed and full time sheriff, undersheriff, or deputy sheriff of a county
a chief of police, or any police officer of a district authorized by law to maintain a police department,
or any other person within the state who is defined as a peace officer.
Order - An instruction, either written or verbal, issued by a superior.
Plurality of Words - The singular includes the plural and the plural includes the singular.
Shall - Indicates a mandatory action.
Should - Indicates a generally required or expected action, absent a rational basis for failing to
conform.
May - Indicates a permissive, discretionary or conditional action. While the action is not mandatory,
it is considered to be in the best interest of the department.
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Guidelines for Conduct
330.3 DISCIPLINE
Discipline can be used to maintain the professional standards of the organization, ensure
adherence to organizational rules and regulations, improve employee conduct, and correct
violations of the Department's standards of ethical conduct and its rules and regulations. Discipline
is generally defined as training, although it may assume many forms in order to achieve its
objectives.
330.3.1 CAUSES FOR DISCIPLINARY ACTION
Causes for disciplinary action against any employee shall include but need not be limited to the
following:
(a)Violation of any policy, including the Guidelines for Conduct.
(b)Violation of any City Administrative Regulation.
330.3.2 TYPES OF DISCIPLINE
(a)Written Reprimand - An official written censure of an employee's conduct.
(b)Suspension - A temporary removal from employment, with loss of pay and/or peace
officer authority, for the duration of the suspension. By mutual agreement between the
Chief of Police and the employee, the employee may voluntarily surrender leave time,
which has monetary value.
(c)Reduction in pay - A withdrawal of previously granted salary increments.
(d)Disciplinary transfer - Removal from one job assignment and placement in another.
(e)Demotion - A reduction in position from one job classification to another.
(f)Dismissal - Termination of employment.
(g)Criminal Prosecution - Filing of a complaint with the appropriate authorities seeking
criminal prosecution for violations of law.
330.3.3 SCOPE OF STAFF AND SUPERVISORY AUTHORITY
(a)Staff and supervisory personnel, other than the Chief of Police, have the authority to
take the following corrective measures:
1.Counseling
2.Oral reprimand
3.Written reprimand, with prior approval of Chief of Police, via chain of command
4.Emergency suspension, as set forth in the City Administrative Regulations
(b)Any supervisor may make disciplinary recommendations for violation of Department
policy or City Administrative Regulations.
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Guidelines for Conduct
(c)Captains may take disciplinary action not amounting to a suspension, provided the
disposition is reported to the Chief of Police orally or in writing.
(d)Final departmental disciplinary authority and responsibility rests with the Chief of
Police. City ordinances designate the City Manager as the authority for imposing
disciplinary action. All such actions determined by the Chief of Police will be
recommended to the City Manager for final action.
330.4 RESPONSIBILITY AND AUTHORITY
All members of the Department have varying degrees of responsibility and authority. Refer to
"Responsibility and Authority" for a complete list by rank.
330.5 CANONS
330.5.1 CANON ONE
ALL EMPLOYEES SHALL UPHOLD THE CONSTITUTION OF THE UNITED STATES, THE
STATE CONSTITUTION, AND ALL LAWS ENACTED OR ESTABLISHED PURSUANT TO
LEGALLY CONSTITUTED AUTHORITY.
(a)Peace officers shall recognize that the primary responsibility of their profession and
of the individual officers is the protection of the people within the jurisdiction of the
United States through upholding of their laws, the most important of which are the
Constitution of the United States and State Constitution and laws derived therefrom.
(b)Employees shall endeavor to uphold the spirit of the law,