Police Department Policy

SOP # 164 - DEPARTMENT ORGANIZATION

Miami Beach Police Department

Policy Text
DEFINITIONS: AUTHORITY - All employees will be held accountable for the use of delegated authority. [11.3.1b] 9/24/19; 4/27/21 CONFLICTING ORDERS - Orders issued to an employee in which the most recent order issued is in direct conflict with a standing order or an order issued just prior to the most recent order are considered conflicting. Officers or employees receiving conflicting orders will, if circumstances permit, respectfully bring the conflict to the attention of the person issuing the conflicting order and seek resolution. If resolution is not rendered or the conflicting order withdrawn, the officer or employee will comply with the most recent order issued. This procedure applies regardless of the rank of the issuing officer for either order issued. [12.1.3] LAWFUL ORDER - Any order given which complies with Standard Operating Procedures, General Orders, Unit Directives, Rules and Regulations, manuals, orders, any other Department directive, statutory and constitutional requirements. A verbal or written direction relayed to Department personnel from a supervisor holding authority to issue such order. Lawful orders may be delivered by a Department employee of the same or lesser rank as the employee receiving the order directed at the performance of any duty or compliance with any Department requirements. The relay of verbal orders in such a manner will not be utilized as a normal practice but only when circumstances require such action. The written direction over the signature of the Chief of Police or his designee. Such orders will not conflict with existing Department Standard Operating Procedures, General Orders, Unit Directives, Rules and Regulations, manuals, orders, any other Department directive, statutory and constitutional requirements. All employees will comply with lawful orders. Willful failure to obey a lawful order will be considered insubordination and subject to disciplinary action. [12.1.3] RESPONSIBILITY - The responsibility of all employees to make legal decisions and to perform their assigned duties is accompanied by commensurate authority. [11.3.1a] SPAN OF CONTROL - The span of control for individual supervisory and management personnel will be limited to the number of personnel who can be effectively handled and is determined by the nature of the work involved or the complexity of assignment and the type of people performing the work. UNITY OF COMMAND The organizational structure of the Department provides clear- - cut channels of authority. Each employee will be accountable to only one supervisor at any given time. Only one supervisor will be in direct command of a Department component at any one time. Every supervisor, regardless of assignment, is responsible for taking action in emergencies requiring immediate supervisory attention. UNLAWFUL ORDER - Employees will not be required to obey any order which they know or should know would require them to commit any procedural or illegal act. If in doubt as to the legality of an order officers will request the issuing officer to clarify the order or to confer with higher authority. [12.1.3] 9/24/19; 4/27/21 PROCEDURE:

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