I. APPLICABILITY

Officer and civilian employees shall be subject to all Standards of Conduct and all directives, orders and procedures of the Hawaii Police Department at all times, whether on or off duty, including all periods of absence, whether authorized or unauthorized.

II. PUBLICATION OF RULES

A. The Chief of Police reserves the right and authority to alter, amend, revoke or repeal these Standards of Conduct provided such action is consistent with State Laws, County Ordinances and the Charter of the County of Hawaii.

B. The Chief of Police may, during any emergency, suspend temporarily or for a specific time any of the Standards of Conduct.

III. GUIDE FOR DISCIPLINARY ACTION

A. Existence of facts established by a test of evidence sufficient to convince a reasonable mind of guilt. The rules of evidence need not be strictly adhered to.

B. Final disciplinary action for violations contained in this General Order shall be determined by the Chief of Police.

C. Disciplinary action for violations contained in Sections IV through VII of this General Order shall be as follows:

1. Maximum action for violations of Section IV or any Class A, B, and C Rules is dismissal.

2. Notwithstanding any provisions outlined in subsequent paragraphs of this section, maximum action for violations of a Class D Rule is suspension of ten (10) working days.

3. Repetitious violations for which disciplinary action is imposed shall be considered grounds for dismissal.

IV. PROFESSIONAL CONDUCT AND RESPONSIBILITIES

A. Standard of Conduct - Officers and employees shall conduct their lives in such a manner as to avoid bringing themselves or the department into disrepute.

B. Performance of Duty - Officers and employees shall perform their duties as required or directed by law, departmental procedures, policies or orders, or by order of a command or supervisory officer. All lawful duties shall be performed promptly notwithstanding the general assignment of duties and responsibilities.

C. Obedience to Laws, Written Orders, Policies, etc. - Officers and employees of the department shall observe and obey all Federal and State Laws, Ordinances of the County of Hawaii and all orders, policies, directives, regulations, etc., of the Department.

D. Commission of any Criminal Act - Officers and employees shall not commit any criminal act. For the purpose of this section, it is not required that the member be convicted of a crime. Acceptance of immunity from criminal prosecution, deferred acceptance of guilty pleas, deferred prosecution and other such dispositions shall be considered prima facie evidence that a criminal act was committed.

E. Falsification of Records - Officers and employees shall not knowingly or intentionally falsify records or enter or cause to be entered any inaccurate, false, or improper information on any record or records of the department.

V. CLASS A RULES

A 1 - Intoxication - Officers and employees shall not be intoxicated while on duty.

A 2 - Use of Drugs and Narcotics - The illegal or unauthorized possession or use by officers or employees of any tranquilizer, narcotic, depressant and/or stimulating drug or compound is expressly prohibited.

A 3 - Malicious Use of Physical Force - The malicious use of physical force by officers which results in bodily injury or that causes physical pain, illness or any impairment of physical condition of another person is prohibited.

A 4 - Misuse of Position or Office - Members shall not use their official positions with the department to gain personal favors or to conduct non-police activities.

VI. CLASS B RULES

B 1 - Mistreatment of a Person in Police Custody - Officers or employees shall not mistreat any person in police custody.

B 2 - Gambling - Officers and employees are prohibited from engaging in any unlawful gambling activity, unless in performance of any assigned duty.

B 3 - Drinking Intoxicating Beverages on Duty - Officers and employees shall not drink intoxicating beverages while on duty, including meal hours, except in performance of a police duty and never while in uniform.

B 4 - Security of Departmental Business - Officers and employees shall not reveal police information outside the department or remove or cause to be removed, any official records except as provided elsewhere in this manual or as required by law or competent authority. For the most part, information contained in police records is considered confidential.

B 5 - Soliciting of Gifts, Gratuities, Fees, Rewards, Loans, Etc. - Officers and employees shall not solicit any gifts, gratuities, loans or fees where there are any direct of indirect connections between solicitations and their departmental membership or employment.

B 6 - Use of Intimidation in Legal Proceedings - Members shall not use their official positions as a means of forcing or intimidating persons as witnesses or complainants in any legal proceeding.

B 7 - Truthfulness - Officers and employees are required to be truthful at all times whether under oath or not. Untruthfulness of any police statement, written or oral, is prohibited.

VII. CLASS C RULES

C 1 - Acceptance of Gifts, Gratuities, Fees, Loans, Records, Etc. - Officers and employees shall not accept directly or indirectly any gifts, gratuities, loans, fees, rewards, or any other things of value arising from or offered because of police employment or activities connected with said employment.

C 2 - Firearms - Display and Discharge - Officers shall not display, draw or discharge firearms except for official use in accordance with departmental policies.

C 3 - Impartial Attitude - Officers and employees shall remain impartial to all persons coming to the attention of the department. They shall not exhibit partiality for or against any person.

C 4 - Excessive Use of Physical Force - Officers shall not use any more physical force than is necessary to accomplish the immediate police purpose.

C 5 - Overbearing Conduct - Overbearing or oppressive conduct shall not be practiced under color of police authority.

VIII. CLASS D RULES

D 1 - Commercial Testimonials - Officers and employees shall not permit their names or photographs to be used to endorse any product or service which is in any way connected with law enforcement, allow their names or photographs to be used in any commercial testimonial which alludes to their official position or employment without the permission of the Chief of Police.

D 2 - Recommending Attorneys, Bail Bond Brokers, Tow Services, Etc. - Officers and employees shall not suggest, recommend, advise or otherwise counsel any person who comes to their attention as a result of police business, in the retention of any attorney, bail bond broker, tow service, alarm service, private investigator, or security service except in the case of relatives seeking such services or advice.

D 3 - Sleeping on Duty - Officers and employees shall not sleep on duty.

D 4 - Conduct Toward the Public - Officers and employees shall be courteous when dealing with the public. They shall avoid harsh, violent, profane, or insolent language. Upon re quest, they shall furnish their name and badge number in a courteous manner.

D 5 - Transportation of Public - The public may be transported in a police vehicle, to include subsidized vehicles, only when necessary to accomplish a police purpose. Such transportation may be done in conformance with departmental policy or at the direction of a command officer, immediate supervisor or communications center.

D 6 - Traffic Regulations - Officers and employees shall comply with traffic regulations and signals except when operating emergency vehicles under the exemptions granted by law. In any event, caution shall be exercised to safeguard lives and property.

D 7 - Arrest in Personal Quarrels - Officers shall not make arrests in their own quarrels or those of their families except under grave circumstances such as would justify them in using measures of self-defense.

D 8 - Exchanged/Use of Badge Prohibited - The badge shall not be altered, exchanged or transferred except by order of the Chief of Police. Members shall not use another member's badge or official police credentials without permission of the Chief of Police; nor shall they permit any person not appointed a member of the department to use the official badge or credentials at any time.

(Amended: 12-13-93)