270 R.I. Code R. 270-RICR-10-00-4.5

Current through November 7, 2024

Section 270-RICR-10-00-4.5 - Conduct and Courtesy

A. Obedience to Law

1. Members of the Capitol Police shall obey the laws of the United States and the State of Rhode Island, ordinances of local jurisdictions, and court orders. If it is proven that a member has violated this rule of conduct, the fact that no criminal prosecution was instituted against the member shall not bar internal disciplinary action. A conviction of the violation of any law shall be prima facie evidence of a violation of this rule of conduct.

B. Obedience to Rules and Regulations

1. All members of the Rhode Island Capitol Police shall promptly obey, without reservation, the Rules and Regulations of this department. A violation of these Rules and Regulations, or of any Capitol Police policy, may be sufficient cause for disciplinary action. Ignorance of these Rules and Regulations shall not be considered a justification for any such violation.

C. Obedience to Superior Officers

1. Members shall promptly obey all lawful orders given to them by a superior officer. The chain of command will be followed and respected at all times. If an order is not understood, it is the responsibility of the member to obtain clarification from the superior officer. Members who are given orders that appear to be in conflict with previously issued orders, rules, or regulations shall respectfully inform the superior officer who issued the conflicting order. The responsibility for resolving the conflict will then be assumed by the superior officer. If the superior officer does not alter or retract the conflicting order, the member shall promptly obey the order.

2. All general or special orders, memorandums, notices or other orders printed on authorized Capitol Police forms, that have been approved by the Director and/or Chief, shall have the force and effect of a Capitol Police regulation.

D. Acceptance of Responsibility

1. Members of the Capitol Police shall accept the responsibilities imposed upon them by law as to their duties and authority. All officers are required to be calm and firm in their actions at all times, and will act together to protect the public and each other from danger.

E. Reporting Violations

1. Members of the Capitol Police who observe or who have knowledge of violations of laws, ordinances, rules, regulations, or official orders on the part of another member shall immediately report such incidents to their superior officer.

F. Courtesy

1. Members of the Capitol Police shall be courteous to the public. They shall be tactful in the performance of their duties, shall control their tempers, exercise the utmost patience and discretion, and shall not engage in argumentative discussions even in the face of extreme provocation. In the performance of their duties, members shall not use coarse, profane, or insolent language or gestures, and shall not express any prejudice concerning race, ethnicity, sexual orientation, disability, religious belief, age, gender, politics or similar personal characteristics.

G. Conduct Unbecoming

1. Members of the Capitol Police shall conduct themselves at all times, both on and off duty, in such a manner as to bring credit to the department. Conduct unbecoming in a member shall include any conduct that brings or may bring the Capitol Police into disrepute or reflects discredit upon the members or impairs the operation or efficiency of the Rhode Island Capitol Police or the member.

H. Conduct

1. Members of the Capitol Police shall constantly perform their duties in a responsible, dignified, and professional manner.

2. Members of the Capitol Police shall not participate in any incident involving moral turpitude that impairs their ability to perform as Capitol Police officers or cause the Rhode Island Capitol Police to be brought into disrepute.

I. Harassment and Discrimination

1. Members of the Capitol Police shall not engage in conduct which has the effect of discriminating or harassing other individuals because of race, ethnicity, sexual orientation, gender identity, disability, religious belief, age, gender, politics or similar personal characteristics.

J. Use of Alcohol on Duty or in Uniform

1. Members of the Capitol Police shall not consume intoxicating beverages while on duty or while wearing any part of the uniform.

K. Abuse of Alcohol Off-Duty

1. Members of the Capitol Police, while off-duty, shall refrain from consuming intoxicants to the extent that it could constitute unbecoming conduct as described in these rules, or render them unfit to report for duty if they are called back in an emergency. Members shall not consume any alcoholic beverage during the four hours prior to the start of their regular shift.

L. Alcoholic Beverages in State Facilities

1. Members of the Capitol Police shall not possess, use, or store alcoholic beverages in any state facility or vehicle at any time.

M. Use of Drugs

1. Members of the Capitol Police shall not consume excessive medications before or during a duty shift. Any member taking prescription medication that may affect his/her performance on duty is obligated to notify the Chief.

N. Suspected Intoxication

1. If a superior officer has reasonable suspicion to believe a member is under the influence of an intoxicating beverage and/or drugs while on duty, the member shall be immediately required to submit to tests to determine intoxication.

2. Reasonable suspicion must be supported by specific facts which may include, but are not limited to the officer's appearance, speech, behavior or odors; reports and observations of the officer's alcohol or drug related activities; unexplained changes in the behavior or work performance; observed impairment in ability to perform duties.

3. Any refusal to submit to testing shall be considered a positive result. An officer subject to reasonable suspicion testing shall be entitled to union representation throughout the process if requested.

4. Alcohol breath testing shall be performed in accordance with Rhode Island Department of Health protocols, by certified collection personnel.

5. If a blood sample is required, competent personnel will take the member to a medical facility for extraction of the sample. The time lapse between the initial report of the member's condition and the intoxication tests shall be accurately recorded. Any person required to submit a blood sample shall be afforded the opportunity, as his/her own cost, to have an additional blood chemical test.

O. Gratuities, Gifts, Rewards

1. Members of the Capitol Police shall not solicit or accept any gratuity or any other item of value where there is any connection, however remote, between such offer or solicitation and the member's position with the Capitol Police.

2. Members of the Capitol Police shall not directly or indirectly:

a. Solicit or accept any gratuities of merchandise, meals, beverages, or any other item of value that is intended to influence their or any other member's actions in any matter of Capitol Police business, or which might cast an adverse reflection on the Capitol Police or any of its employees.

b. Solicit any discounted services or merchandise offered as a result of their employment with the Capitol Police.

c. Solicit or accept any gift or gratuity from other members if such items would adversely affect the member's duties.

d. Solicit or accept any reward for services rendered in the performance of the member's duties.

e. Solicit free admission to places of amusement for themselves or others.

f. Identify themselves as Capitol Police officers for the purpose of gaining personal advantages or avoiding the consequences of illegal acts performed by themselves or by other individuals.

P. Abuse of Position

1. Members of the Capitol Police shall not use their official position, official identification cards or badges for:

a. Personal or financial gain for themselves or others.

b. Obtaining privileges not otherwise available to them, except in the performance of duty.

c. Avoiding the consequences of illegal acts.

d. Seeking social contacts under official pretenses.

2. Members of the Capitol Police shall not lend to another person their identification cards or badges or permit them to be photographed or reproduced.

Q. Permitting Illegal Activities

1. Members of the Capitol Police shall not authorize any individual to violate any law, ordinance, or court order under any circumstances. When an individual requests permission to perform an act of questionable legality, the member shall inform the individual that he/she cannot authorize anyone to breach the law.

2. Members of the Capitol Police shall not create the impression that an individual may violate the law as long as the Capitol Police does not learn of the violation.

R. Insubordination

1. Insubordination or disrespect towards superior authority is strictly prohibited. Insubordination is defined as a failure to recognize the authority of any superior officer by disrespect or by disputing the superior officer's lawful order.

2. Members shall not publicly criticize the Capitol Police, its policies, or other employees in speech, writing, or other forms of expression. Members shall never speak maliciously or gossip about the department, its' policies or members. Any complaints shall be sent through proper channels. This provision is not intended to preclude the exercise of members' rights under state and/or federal law.

S. Conflicts of Interest

1. Members of the Capitol Police shall have no interest, financial or otherwise, direct or indirect, nor shall they engage in any business transaction, or professional activity, or incur any obligation of any nature, which is in conflict with the proper discharge of their duties in the public interest.

T. Use of Tobacco

1. Members of the Capitol Police may not use tobacco in any form when performing any official duty in direct or immediate contact with members of the general public. When permitted to use tobacco, members must do so in a manner that will not offend others. All members will comply with the Governor's smoking policy while on duty. Smoking in any state facility, building, vehicle, or office is prohibited.

U. Relations with Capitol Police Employees

1. Members of the Capitol Police shall never behave disrespectfully or use threatening or insulting language toward any other employee. Members shall not draw or lift a weapon toward, offer violence against, nor strike or attempt to strike any other employee.

2. In their dealings with fellow employees, all Capitol Police members shall act in a professional, respectful manner.

V. Associations

1. All members of the Capitol Police shall, on or off duty, avoid regular or continuous associations or dealings with persons whom they know are under criminal investigation or indictment, or who have a reputation in the community for present or past involvement in criminal behavior. Such associations may be permitted where unavoidable because of family relationships with a department employee.

W. Loitering

1. A member of the Capitol Police, when on duty, may enter or frequent a public place only for the purpose of taking an approved rest break or a regular meal.

X. Gambling

1. No member of the Capitol Police shall participate in any form of gambling while on duty or in uniform, or while at a Capitol Police post, in a vehicle, or other facility.

Y. Reports

1. Members of the Capitol Police shall complete and submit all reports on time and in accordance with established Capitol Police procedures. No member shall knowingly enter or cause to be entered any inaccurate, false, or misleading information on a report.

Z. Truthfulness

1. Members of the Capitol Police shall speak the truth at all times and under all circumstances. Members shall also be truthful and honest in dealing with fellow members or members of the public.

2. Upon the order of any superior officer, members shall truthfully answer all questions asked of them that are specifically directed to the scope of employment and operations of the Capitol Police.

AA. Falsification of Employment Application

1. No person shall procure or retain employment by willfully misrepresenting their qualifications, character, reputation, or physical or mental condition.

BB. Dereliction of Duty

1. Members of the Capitol Police, while on duty, shall at all times remain alert and ready to respond to any situation requiring Capitol Police action. Members shall not sleep, lounge, conduct personal business, attend to personal pleasures, loiter, talk excessively to other officers, employees, or members of the public, or take part in any other activities that would cause them to neglect or be inattentive to duty.

2. Members of the Capitol Police shall not dedicate any time while on duty to any activity that does not relate to departmental business.

CC. Neglect of Duty

1. All members of the Capitol Police will patrol their assigned post in a proper manner. Any member, through reason of neglect, who fails to report an unusual circumstances or incident, will be subject to disciplinary action.

2. Members of the Capitol Police shall not sleep or engage in any activities or personal business that would cause them to neglect or be inattentive to duty.

3. Members of the Capitol Police must immediately notify their superior officer if they are unable to continue to perform their duties or will be unable to report duty as scheduled or assigned.

DD. Unsatisfactory Performance

1. Members shall maintain sufficient competency to properly perform their duties and assume the responsibilities of their positions. Unsatisfactory performance may be demonstrated by an unwillingness or inability to perform assigned tasks; the failure to take appropriate action on the occasion of a crime, disorder, or other condition deserving Capitol Police attention; or absence without leave.

EE. Subject to Call

1. Off-duty members of the Capitol Police may be called back to work at any time. Members are responsible for furnishing their commanding officer with a list of places and phone numbers where they may be reached or if they are temporarily staying at a location other than their residence. Members are responsible for promptly reporting changes of address and telephone numbers.

FF. Notification of Illness or Injury

1. All members of the Capitol Police are required to report their absence to their supervisor or the officer posted at the State House. The officer posted at the State House will contact the Chief or supervisor. Illness must be reported at least two hours before the start of the shift. Vacation and personal days will be awarded based on availability of manpower. If a member requests a day off and no one can be found to fill the shift, that member will report for duty. The officer posted at the State House will be in charge of running the overtime list, maintaining the record of event, and notifying all officers involved.

2. Members of the Capitol Police injured while on duty shall report such injuries to their commanding officer as soon as possible, and shall comply with such provisions of existing regulations pertaining to such injuries. Members who become ill while on duty and find it necessary to leave an assigned post or duty shall report this fact to their commanding officer before leaving the assignment or post.

GG. Fictitious Illness or Injury Reports

1. Members of the Capitol Police shall not feign illness or injury, falsely report themselves ill or injured, or otherwise deceive or attempt to deceive any member of the department as to the condition of their health.

HH. Leaving Duty Post/Assignment

1. Members of the Capitol Police will not leave their posts unless it is for the discharge of duty or when properly relieved. If relief does not arrive on time, the member will notify his/her supervisor or the officer posted at the State House. The officer posted at the State House will contact the Chief or supervisor for a decision. Members who are not relieved will maintain their post until proper relief is located.

II. Rest Periods/Meals

1. No member of the Capitol Police shall leave his/her building at mealtime or rest period unless they have been properly relieved and have the permission of a supervisor.

2. Approved rest breaks shall not be taken during peak activity periods, during times of emergency, or at any other times prohibited by a supervisor. Members must be available for duty at all times.

3. Members of the Capitol Police shall display a willingness to be of assistance to the public during rest periods and meals.

JJ. Processing Confiscated, Lost, or Found Items

1. All confiscated, lost, or found items will be recorded with day, date, and time of action, in addition to any other vital information.

2. Members of the Capitol Police will not take for his/her personal use any confiscated, lost, or found item.

KK. Dissemination of Information

1. Members of the Capitol Police shall not, at any time, discuss the policies of the department nor divulge any of its dealings to any unauthorized person. The written policies, rules, regulations, and communications are for departmental use only. They are not to be shared or given to the public without the permission of the Chief. All questions pertaining to Capitol Police business will be directed to the Chief or the next available supervisor.

2. Requests by the public for incident reports shall be directed to the Chief or next available supervisor. Reports are not to be released without approval of the Chief or next available supervisor.

LL. Public Pronouncements

1. No member of the Capitol Police will speak for publication, be interviewed, or make public speeches without the consent of the Chief.

MM. Attendance at Public Functions

1. Members of the Capitol Police are prohibited from attending any of the following functions while on duty without prior approval from their supervisor, unless their attendance has been requested as part of their official duties:

a. Public hearings, city/town council meetings, legislative sessions, political events, etc.

b. Union meetings

c. Public demonstrations

NN. Identification

1. Members of the Capitol Police, when on duty and in uniform, shall wear in plain sight a metallic badge, inscribed with the words "Capitol Police of the State of Rhode Island."

2. Members shall furnish their badge number to any person requesting that information when they are on duty or while portraying themselves in an official capacity.

OO. Care and Maintenance of Department Property, Equipment and Vehicles

1. Members of the Capitol Police shall maintain, in good condition, all property and equipment assigned to them or under their control. They shall immediately report to their supervisor any loss or damage of Capitol Police property, equipment or vehicles assigned to them or under their control. They shall also notify their supervisor of any defects or hazardous conditions existing in any property or equipment assigned to them. In those cases where state property is found bearing evidence of damage that has not been reported, the last person using the property, equipment, or vehicle will be held responsible for said damage.

PP. Operation of Official Vehicles

1. Members of the Capitol Police shall operate official vehicles in a careful and prudent manner and shall obey all state laws and the Rules and Regulations of the Capitol Police pertaining to such operation. Loss or suspension of any driving license shall be reported immediately.

QQ. Accidents Involving Capitol Police Vehicles

1. Whenever a member of the Capitol Police is involved in an accident while operating a Capitol Police vehicle, he/she shall immediately notify his/her supervisor.

RR. Responsibility for Department Vehicle

1. Except in emergencies or other unusual situations, the operator of a Capitol Police vehicle shall lock the ignition and the doors and remove the key from his/her vehicle when leaving it unattended.

SS. Violations

1. Violations of these Rules and Regulations or of any policy, procedure, directive, or order given by supervisor, may be grounds for disciplinary actions.

TT. Prohibited Action During Suspension

1. Suspended employees are subject to all of the Rules and Regulations of the Capitol Police. They shall not wear any part of the official uniform or act in the capacity of, or represent themselves as, employees of the Capitol Police in any manner.

UU. Knowledge of Capitol Police Directives

1. All members of the Capitol Police are responsible for knowing and understanding all Capitol Police regulations, policies, and directives. It is the responsibility of the member to seek clarification of any order or material that is not clearly understood.

VV. Reporting for Duty

1. All members of the Capitol Police shall report for duty at the proper time and at the properly assigned location. The member will be in proper uniform with department issued equipment. There will be no exceptions.

WW. Security of Firearms

1. A member of the Capitol Police is responsible for the safekeeping and security of his/her firearm at all times. A member will not leave his/her firearm unattended and unsecured at any time.

XX. Questions of Citizens

1. Members of the Capitol Police will answer questions from citizens in a courteous manner and, if unable to provide an answer, will make every effort to obtain the answer for the citizen, avoiding argument and unnecessary conversation. A member will give his/her badge number in a courteous manner to any person who requests it.

YY. Awareness of Activities

1. Upon returning from any absence from duty, every member of the Capitol Police will familiarize himself/herself with all new regulations, policies, memoranda, and all matters concerning his/her assignment.

ZZ. General Knowledge and Performance

1. Every member of the Capitol Police will familiarize himself/herself with all the laws, statutes, ordinances, and regulations necessary for the proficient execution of his/her duty as a Capitol Police officer.

2. All members of the Capitol Police will familiarize themselves with the procedures and contact people in their assigned building.

AAA. Marking or Altering Department Notices

1. A member of the Capitol Police will not mark, alter, mar, or deface any notice posted on any bulletin board or blackboard maintained by the Capitol Police. All notices of a personal nature and/or of a derogatory character regarding any member are prohibited.

BBB. Wearing of the Uniform

1. Members of the Capitol Police will wear only the prescribed uniform of the department. The Chief of the Capitol Police will set the style, color, material, and manufacturer of the uniform. Department insignias, badges, wreaths, stripes, and all other authorized decorations will be worn as issued. No other embellishments will be permitted.

2. Uniforms will be kept neat, cleaned, pressed, and in good repair at all times. Threadbare or faded items will be replaced accordingly.

3. Coats, overcoats, raincoats, and sweaters will be kept in good condition and will be department-issue only to match the uniform.

4. The uniform cap will be worn squarely on the head, not tilted back, to the side, or worn in any other fashion.

5. Ties will be worn with winter uniforms. Winter shirts will be buttoned to the top. Summer shirts will be worn with will all buttons, except for the top one, fastened.

6. Leather gear will be maintained and polished. Worn or tattered gear will be replaced.

7. The Rhode Island Capitol Police will supply all uniform needs. It is up to the individual member to notify the Chief's office of any equipment needs.

8. The Rhode Island Capitol Police uniform shall not be worn by any member of the department engaged in outside activities or employment. The uniform will not be worn to social functions or public events.

CCC. Personal Appearance

1. A Capitol Police member shall be neat and clean about their person. They shall maintain good hygiene and be presentable in uniform at all times.

2. Hair regulations - Males

a. Hair shall be trimmed and presentable at all times. The hair will not touch the collar except for the close cut hair on the back of the neck. Hair in front will be cut so it does not hang over the forehead and does not protrude below the band of a proper work duty hat. The length and bulk of the hair will not be so excessive as to display a ragged appearance. The hair above the ears shall be sufficiently trimmed so it does not hang over the ear.

b. Sideburns in excess are not allowed. The sideburns length will not exceed halfway down a member's ear and will end in a clean horizontal line.

c. All members who report to duty will be clean-shaven. Facial hair, with the exception of a neatly trimmed mustache, will not be allowed. A mustache will not pass the upper-most point of the top lip. It will not extend sideways beyond a vertical line upward from the outer-most points of the mouth. In common terms, no fu-manchus, handlebar, or western-style mustaches are allowed. No beards or goatees are allowed.

3. Hair regulations - Females

a. Hair shall be clean and neatly arranged. It shall be styled so as not to get in the way of Capitol Police duties. Hair will not be worn in any style longer than shoulder length, and must be worn so as to present a proper appearance while wearing the uniform hat.

b. Excessive ribbons or ornaments shall not be allowed. Pins, combs, barrettes, or clips similar to the hair color may be worn.

4. Jewelry/Body Art

a. Excessive or ornamental jewelry shall not be worn while on duty. Male members are not allowed to wear earrings. Female members are allowed to wear simple studs or post style earrings. Bracelets, necklaces, and rings are not to be worn in excess.

b. No body piercing, tattoos or other body art may be visible while in department uniform. A member sworn in prior to January 1, 2010 who has a tattoo or tattoos that are visible in short sleeves must wear the long-sleeve uniform shirt at all times while on duty. Effective January 1, 2010, members who do not have existing tattoos that are visible while in uniform are restricted from having tattoos on any area that is visible while in department uniform.

270 R.I. Code R. 270-RICR-10-00-4.5