Policy Text
TRAINING
REPORTING MISCONDUCT
Reporting misconduct is not an act of be trayal, it is an act of integrity.
Department personnel have a responsibility to adhere to agency standards of conduct, policies, rules, and
procedures. Failure to do so threatens the integrity and ethics of our profession. We all must be held
accountable for tolerating and participa ting in the so-called “code of silence” (principle of placing loyalty
to fellow members/employees above reporting misconduc t). Personnel are required to take action when
they witness or learn of behavior that violates the Department’s standards of conduct. This does not mean that every misstep, mistake, or instance of poor judgment must be reported to a supervisor. Such
zealousness could cause more harm than good. However, it does mean that personnel must draw the line
when an act or pattern of behavior by other personnel threatens the rights of citizens and/or the well being
and reputation of Department personnel and the Department.
Each member and employee of the Department is a stak eholder in the effort to preserve and enhance the
reputation of the Department and their personal pride as members and employees of the law enforcement
profession. Personnel cannot subscribe to the notion that silence and secrecy will serve their individual or collective interests. Experience has clearly demonstrated that these attitudes only serve to build barriers
within the Department and alienate members, employees, supervisors, and managers from one another
and the public. Unfortunately, the mistakes and misdeeds of a few often have serious repercussions for
everyone.
A high regard for integrity and pe rsonal accountability must be empha sized to ensure the development
and maintenance of a professional organizational image. We must all be ever vigilant to demonstrate that our behavior reflects the professional standards of conduct in the Law Enforcement Code of Ethics.
MOR 314.48 – Reporting Violations of Laws, Ordinances, Rules or Orders
Members and employees who become aware that other members or employees violated laws,
ordinances, rules of the Department, or disobeyed orders, which rise to the level of a Class I
violation or a Class II violation which indicate a pattern of misconduct or a single Class II
violation which threatens the rights of private persons and/or the well-being and reputation of
Department personnel and/or the Department, shall within 24 hours or sooner if practical, report
the offense, orally or in writing, to his/her supervisor.
Members and employees who know of actions or behavior of other members or employees,
which are considered Class II violations and do not indicate a pattern of misconduct and do not threaten the rights of private persons and/or the well-being and reputation of Department
personnel and/or the Department, may address the misconduct through non-disciplinary
corrective action.
If the witness member or employee believes the inci dent is so grave and serious that it must be
reported immediately to the Chief of Police, the chain of command may be bypassed. Severe discipline shall be imposed, up to and including termination, for failure to comply with these
reporting requirements. BULLETIN
“Department Training Bulletins shall be used to advise members of current police techniques and
procedures and shall constitute official policy.” Index Number: V-T.3
Alpha Index: Reporting Misconduct Effective Date:
2 Jun 06
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Index Number V-T.3, Reporting Misconduct
Reporting Misconduct
When a member/employee observes misconduct, he/she shall take action. In most cases, observed
misconduct shall be reported to the member’s/employ ee’s supervisor or directly to IAD. However, for
certain Class II offenses, members/employees may use discretion, and if appropriate, address the
misconduct directly with the member/employee committi ng the MOR violation, rather than reporting it to
a superior or the Internal Affairs Division.
NOTE: If a member/employee becomes aware that a private person (e.g. suspect, witness, etc.) wishes
to make a complaint, then the officer sha ll notify his/her supervisor or commander.
Types of misconduct that shall be reported when observed by Department Personnel (MOR 314.48):
• All Class I offenses; and
• Class II offenses that indicate a pattern of misconduct OR
a single Class II offense which threatens
the rights of private persons and/or the well being and reputation of Departmental personnel
and/or the Department.
Types of Class II misconduct that may be addressed in a non-disciplinary manner by the observing
member/employee and/or the member’s/employee’s supervisor, when he/she becomes aware of the
misconduct (MOR 314.48):
• Class II offenses that DO NOT indicate a pattern of misconduct; and
• DO NOT threaten the rights of private persons; and/or
• the well-being and reputation of Departmental personnel; and/or
• the Department.
Supervisors may use discretion about initiating an ad ministrative investigation when they are notified by
another member/employee of a Class II offense(s) comm itted by a subordinate if there is no pattern of
misconduct. The supervisor may choose to take non-d isciplinary corrective action for infractions reported
by members/employees where there is no pattern of misconduct and he/she believes this to be the best
method for correcting the behavior.
If the supervisor believes the Class II offense(s) to be a pattern of misconduct he/she shall initiate an
investigation.
Supervisors should always take immediate action to correct behavior even if they DO initiate an
administrative investigation, unless such action would compromise an investigation.
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2 Jun 06 ● Oakland Police Department
Class I Offenses
Class I offenses are the most serious allegations of mi sconduct and, if sustained, shall result in serious
disciplinary action up to and including dismissal and