Policy Text
Policy
331Fremont Police Department
Standards of Conduct
331.1 PURPOSE AND SCOPE
This policy establishes standards of conduct that are consistent with the values and mission of
the Fremont Police Department and are expected of all department members. The standards
contained in this policy are not intended to be an exhaustive list of requirements and prohibitions
but they do identify many of the important matters concerning conduct. In addition to the provisions
of this policy, members are subject to all other provisions contained in this manual, as well as
any additional guidance on conduct that may be disseminated by this department or a member’s
supervisors.
331.2 POLICY
The continued employment or appointment of every member of the Fremont Police Department
shall be based on conduct that reasonably conforms to the guidelines set forth herein. Failure to
meet the guidelines set forth in this policy, whether on- or off-duty, may be cause for disciplinary
action.
331.3 DIRECTIVES AND ORDERS
Members shall comply with lawful directives and orders from any department supervisor or person
in a position of authority, absent a reasonable and bona fide justification. This includes any order
relayed from a superior by an employee of the same or lesser rank.
331.3.1 UNLAWFUL OR CONFLICTING ORDERS
Supervisors shall not knowingly issue orders or directives that, if carried out, would result in a
violation of any law or department policy. Supervisors should not issue orders that conflict with
any previous order without making reasonable clarification that the new order is intended to
countermand the earlier order.
No member is required to obey any order that appears to be in direct conflict with any federal
law, state law or local ordinance. Following a known unlawful order is not a defense and does not
relieve the member from criminal or civil prosecution or administrative discipline. If the legality of
an order is in doubt, the affected member shall ask the issuing supervisor to clarify the order or
shall confer with a higher authority. The responsibility for refusal to obey rests with the member,
who shall subsequently be required to justify the refusal.
Unless it would jeopardize the safety of any individual, members who are presented with a lawful
order that is in conflict with a previous lawful order, department policy or other directive shall
respectfully inform the issuing supervisor of the conflict. The issuing supervisor is responsible
for either resolving the conflict or clarifying that the lawful order is intended to countermand the
previous lawful order or directive, in which case the member is obliged to comply. Members who
are compelled to follow a conflicting lawful order after having given the issuing supervisor the
opportunity to correct the conflict, will not be held accountable for disobedience of the lawful order
or directive that was initially issued.
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The person countermanding the original order shall notify, in writing, the person issuing the original
order, indicating the action taken and the reason.
331.3.2 SUPERVISOR RESPONSIBILITIES
Supervisors and managers are required to follow all policies and procedures and may be subject
to discipline for:
(a)Failure to be reasonably aware of the performance of their subordinates or to provide
appropriate guidance and control.
(b)Failure to promptly and fully report any known misconduct of a member to his/her
immediate supervisor or to document such misconduct appropriately or as required
by policy.
(c)Directing a subordinate to violate a policy or directive, acquiesce to such a violation,
or are indifferent to any such violation by a subordinate.
(d)The unequal or disparate exercise of authority on the part of a supervisor toward any
member for malicious or other improper purpose.
331.4 GENERAL STANDARDS
Members shall conduct themselves, whether on- or off-duty, in accordance with the United States
and California Constitutions and all applicable laws, ordinances and rules enacted or established
pursuant to legal authority.
Members shall familiarize themselves with policies and procedures and are responsible for
compliance with each. Members should seek clarification and guidance from supervisors in the
event of any perceived ambiguity or uncertainty.
This policy is not intended to cover every possible type of misconduct.
331.5 CAUSES FOR DISCIPLINE
The following are illustrative of causes for disciplinary action. This list is not intended to cover every
possible type of misconduct and does not preclude the recommendation of disciplinary action
for violation of other rules, standards, ethics and specific action or inaction that is detrimental to
efficient department service:
331.5.1 LAWS, RULES AND ORDERS
(a)Violation of, or ordering or instructing a subordinate to violate any policy, procedure,
rule, order, directive, requirement or failure to follow instructions contained in
department or City manuals.
(b)Disobedience of any legal directive or order issued by any department member of a
higher rank.
(c)Violation of federal, state, local or administrative laws, rules or regulations.
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331.5.2 ETHICS
(a)Using or disclosing one’s status as a member of the Fremont Police Department in any
way that could reasonably be perceived as an attempt to gain influence or authority
for nondepartment business or activity.
(b)The wrongful or unlawful exercise of authority on the part of any member for malicious
purpose, personal gain, willful deceit or any other improper purpose.
(c)The receipt or