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 Class 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. Loyalty - Officers and employees shall maintain loyalty to the department and their associates as is consistent with the law and the law enforcement code of ethics.

B. Cooperation - All officers and employees are charged with establishing and maintaining a high level of cooperation between other members and units of the department to ensure effective law enforcement.

C. Assistance - Officers shall take appropriate police action toward aiding a fellow police officer exposed to danger or in a situation where danger may be impending. D. General Responsibilities - Officers shall, at all times, take appropriate action to:

1. Identify criminal offenders and criminal activity and, where appropriate, apprehend offenders and participate in subsequent court proceedings.

2. Reduce the opportunities for the commission of crimes through preventive patrol and other techniques.

3. Aid individuals in danger of physical harm.

4. Protect constitutional guarantees.

5. Facilitate the movement of people and vehicles.

6. Assist those who cannot care for themselves.

7. Resolve conflicts.

8. Identifying potentially serious law enforcement and government problems.

9. Create and maintain a feeling of security in the community.

10. Promote and preserve civil order.

11. Provide emergency service.

12. Enforce state and local laws and ordinances coming within the jurisdiction of the department.

E. Duty Responsibilities - Although certain hours are alloted for the performance of duty, officers are always subject to duty. The fact that they may be technically off duty shall not relieve them from the responsibility of taking appropriate action in significant matters coming to their attention.

F. Knowledge of Laws, Orders, Policies, etc. - Officers are expected to establish and maintain a working knowledge of those ordinances of the County of Hawaii, Statutes of the State of Hawaii, orders, policies, and directives of the department and divisions thereof which are applicable to their functions as police officers. In the event of improper actions or breaches of discipline, it will be presumed that the officers were familiar with the law, order or policy in question.

G. Orders of Command or Supervisory Officers - Officers and employees shall obey all lawful orders and directives given by command or supervisory officers.

H. Manner of Issuing Orders - Orders from command or supervisory officers to subordinates shall be in clear, understandable language, civil in tone and issued in pursuit of departmental business.

I. Unlawful Orders - Command or Supervisory officers shall not knowingly issue any order which is in violation of any law or ordinance, departmental orders or policies and/or in conflict with a collective bargaining contract.

J. Non-compliance with Unlawful Orders - No officer or employee is required to obey an order which is contrary to federal and state law, local ordinances of the County of Hawaii, or regulations, orders, policies, or directives of the department. Should an unlawful order be given, the member affected will advise the person issuing the order of this fact. Responsibility for refusal to obey rests with individual officer and employee. They justify their actions at the risk of being insubordinate.

K. Obedience to Unjust Orders - Upon receipt of an order that is felt to be unjust, the affected officer or employee will advise the person issuing the order of this fact. If compliance of the order is insisted upon, the order must be obeyed to the best of the officer's or employee's ability and the affected member may then proceed to appeal as provided herein.

L. Conflicting Orders - Upon receipt of an order conflicting with any previous order or instruction, the member affected shall advise the person issuing the order of this fact. Responsibility for countermanding the original order or instruction then rests with the individual issuing the order. If so directed, the latter order shall be obeyed. Orders will be countermanded or conflicting orders issued only when reasonably necessary for the good of the department.

M. Reports and Appeals - Unlawful, Unjust, Conflicting Orders - Officers and employees receiving unlawful, unjust or conflicting orders shall, at the first opportunity, report in writing to the Chief of Police through official channels. This report shall contain the facts of the incident and the action taken. Appeals for relief from such orders may be made at the same time. Disposition of such an appeal will be made through the office of the Chief of Police.

N. Personal Preferment - Officers and employees shall not seek to influence or intervene in departmental matters for purposes of personal preferment, advantage, transfer, or advancement except as provided for by Civil Service Rules and Regulations, departmental orders, policies and/or any collective bargaining contract.

V. CLASS B RULES

B 1 - Departmental Investigations - Testifying - Officers and employees are required to respond truthfully to questions by, or render any and all materals and relevant statements to, a competent authority in a departmental administrative investigation when so directed.

B 2 - Compensation for Damages Sustained on Duty - Officers and employees shall not see in any way, or accept from any person, money or other compensation for damages sustained or expenses incurred in the line of duty except as authorized by the Chief of Police.

VI. CLASS C RULES

C 1 - Physical Abuse - Officers and employees shall not physically abuse other officers and employees, superior or subordinate, while on duty, in a job-related situation or as a result of an incident arising from employment.

C 2 - Consumption of Intoxicants - Officers and employees shall not consume intoxicants to the extent that evidence of such consumption is apparent when reporting for duty, or to the extent that the ability to perform duty is impaired.

C 3 - Firearms - Discharge - Officers are required to report any discharge of firearms (except routine target practice). Such reports are to be made according to current departmental procedures.

C 4 - Purchase of Liquor - Officers in uniform shall not enter any place where intoxicating liquors are kept or offered for sale for the purpose of purchasing same.

VII. CLASS D RULES

D 1 - Absence from Duty - Members shall appear for duty at the date, time and place specified unless excused by competent authority.

D 2 - Conduct Toward Superior and Subordinate Officers & Associates - Officers and employees shall treat superior officers, subordinates and associates with respect. Officers and employees shall not be insubordinate to superior officers and/or supervisors.

D 3 - Disposition of Unauthorized Gifts, Gratuities, Etc. - Any unauthorized gifts, gratuities, loans, fees, rewards or other things which come into the possession of officers or employees shall be forwarded to the office of the Chief of Police together with a written report of the circumstances which led to such possession.

D 4 - Good Order and Discipline - Officers and employees shall not commit any act or commission which is contrary to and/or detrimental to the good order and discipline of the department.

D 5 - Intoxicants on Departmental Premises - Officers and employees shall not bring into or keep any intoxicating liquor on departmental premises except that which is confiscated, held for evidence, or prescribed by a physician.

D 6 - Radio Discipline - Officers and employees operating police radio equipment shall observe regulations for such operation as set forth in departmental orders and by the Federal Communications Commission.

D 7 - Relief - Officers and employees are to remain at their assignment and on duty until properly relieved.

D 8 - Reports - Officers and employees shall promptly submit such reports as are required in performance of their duties.

D 9 - Court Attendance - Officers and employees shall be punctual in court attendance and be clean and neat in appearance.

D 10 - Police Identification - Replicas, regardless of size, of the official badge, identification card of cap shield of the Hawaii County Police Department shall not be purchased, acquired, or possessed by any officer or employee nor presented to any person without the prior approval of the Chief of Police.

D 11 - Ticket Sales, Etc. by Police Associated Groups - Associations, clubs, auxiliaries, fraternities or other groups of officers or employees acting under the auspices or sanction of the department shall not sell tickets, solicit sales of any kind, or offer performances of any nature toward raising funds for special purposes without the prior approval of the Chief of Police. Approval will not be given when the seller may be identified as a member of the department.

D 12 - Criticism of Orders - Officers and employees shall not publicly criticize any instruction or order received from competent authority.

D 13 - Conducting Personal Business - Officers and employees are prohibited from conducting personal business while on duty.

D 14 - Military Courtesy - Officers shall conform to normal standards of military courtesy and refer to each other by rank.

D 15 - National Colors and Anthem - Uniformed officers will render full military honors to the national colors and anthem at appropriate times.

D 16 - Reporting for Duty - Unless otherwise directed, officers and employees shall report for duty at the time and place specified, properly uniformed and equipped.

D 17 - Wearing the Uniform - Uniforms shall be kept clean, neat and well-pressed at all times. Unless otherwise directed, uniforms shall be worn complete. Uniformed employees shall maintain a military bearing.

D 18 - Equipment - All equipment must be clean, in good working order and conform to department specification.

D 19 - Department Property and Equipment - Employees shall not use any departmental equipment unless authorized by competent authority. Employees are responsible for the proper care of departmental property and equipment assigned to them.

D 20 - Reporting Accidents - Accidents involving officers and employees, county property and/or equipment must be reported in accordance with adopted procedures.

D 21 - Clarifying Instructions - Members who are in doubt as to the nature of detail of their assignment/instruction shall seek such information from persons issuing the assignment(s) or instructions.

D 22 - Duty to Act Promptly and Decisively - Members shall act promptly at the scenes of crimes, disorders, accidents, disasters or other situations that require police attention, and in dealing with suspects and in disposing of their assignments. When the police purpose might be jeopardized by delay, immediate action shall be taken even though the incident would ordinarily be dealt with by some other officer or bureau. Members shall not give evidence of indecision or lack of confidence by their actions.

D 23 - Maintaining Communication - Members on duty shall be directly available by normal communication or shall keep their office, headquarters or superior officer informed of the means by which they may be reached when not immediately available. Members sent on call shall, immediately upon the completion of the task, notify the dispatcher or their superior officer of the nature of the call and of the action taken.

D 24 - Assisting in Civil Cases - Unless carrying out a duty assignment, members on duty shall not participate in civil cases except to prevent or abate a breach of the peace or any other crime.

D 25 - Instituting Civil Action - Members shall not institute any civil action arising out of their official duties without prior written notification to the Chief of Police.

D 26 - Notice of Suits Against Members - Any member who has a damage suit filed against him/her by reason of an act performed by him/her in the line of duty shall forthwith notify the Chief of Police in writing, furnishing a copy of the complaint together with a statement of the date and time of service.

D 27 - Public Statements - Members shall not address public gatherings or release any material or photographs concerning the operation, policies or administration of the department unless authorized by the Chief of Police.

D 28 - Subversive Acts Prohibited - Members shall not perform any acts or make any statements oral or written or otherwise which tend to bring the department or its officers into disrepute or ridicule, or which destructively criticize the department or its administrative officers in the performance of their official duties, or which tend to disrupt or impair the performance of official duties and obligations of officers of the department; or which tend to interfere with or subvert the reasonable supervision or proper discipline of members of the department.

D 29 - Playing Cards or Pool on Duty - Members on duty in uniform shall not engage in any game of cards, billiards, pool, etc. in a public place.

D 30 - Availability of Weapons - Members shall not place weapons or objects adaptable for use as weapons and capable of inflicting serious bodily injury, or permit such weapons or objects to remain unattended, in any location or place in a police building normally accessible to a prisoner, suspect, or other non-police person.

D 31 - Traffic Arrests, Officer Not in Uniform - Members not in uniform shall not arrest traffic violators except when the violation is especially flagrant.

(Amended: 03-05-92)