Chapter 1 — RULES AND REGULATIONS

Article 1 Authorizations

Title 1, Chapter 2, §1-2-105 of the San Leandro Municipal Code provides that Department Heads may prescribe rules and regulations for the administration of their departments and the conduct of their employees, subject to the approval of the City Manager.

Pursuant to the authority set forth in §1-2-105 of the San Leandro Municipal Code, these Police Rules and Regulations (hereinafter referred to as regulations) are adopted. Notwithstanding any general orders, special orders, memoranda, instructions, manuals and the like to the contrary, the provisions of these regulations shall govern. Nothing contained herein shall be construed to limit or supersede any provision of law relating to the duties and obligations of peace officers, nor shall these regulations be construed to enlarge the liability of any officer or the department for actions within the course and scope of such officer's employment. The specific enumeration of unprofessional conduct does not constitute approval of unprofessional conduct harmful to the department not specifically stated herein. The use of the term "member(s)" shall be deemed to include peace officer and civilian employees of the Police Department.

(a) Amendment. These regulations may be amended, revised, repealed or reenacted from time to time by written order of the Chief of Police.

(b) Existing Orders. It is intended that these regulations provide general guidance for professional conduct of all peace officers and civilian employees of the department. All general orders, special orders, memoranda, instructions, manuals and the like in existence on the effective date of these regulations and not in conflict therewith, shall have the same force and effect as these regulations.

Members shall report to the Chief of Police, through proper channels, such violations of these rules and regulations, or any laws and ordinances in force in the City of San Leandro, by other members of the department that may come to their attention, or of which they have knowledge.

Every member shall faithfully carry out and perform the duties of their rank or assignment. The failure of a member, either willfully, or through negligence or incompetence, to perform the duties of their rank or assignment, or the violation by a member of these regulations, or any instruction having the effect of these regulations may be considered cause for dismissal, demotion, suspension, loss of pay or privilege, reprimand, or any other penalty subject to the provisions of the applicable Memorandum of Understanding.

§405 of the San Leandro City Charter provides that the City Manager: (a) "shall appoint, remove and discipline all administrative officers of the City, except as otherwise provided by or pursuant to this Charter;" (b) "shall approve, modify or disapprove all recommendations for appointments of, removal of and disciplinary actions to be taken against, employees by administrative officers of the City, except as otherwise provided by or pursuant to this Charter."

(a) Dismissal, Suspension, Demotion, Reduction in Pay. In accordance with the City of San Leandro Charter, Municipal Code, applicable Memorandum of Understanding, and Personnel Rules, the City Manager, upon the recommendation of the Chief of Police or their designee, may discharge, suspend, demote or reduce the pay of any non-probationary member for cause.

(b) Probationary Members. In accordance with Personnel Rules and pursuant to the Code and Charter of the City of San Leandro, a probationary member may be discharged by the City Manager upon the recommendation of the Chief of Police or their designee for any reason which, in the sole opinion of the City is just and sufficient.

(c) Other Personnel Actions. The Chief of Police may change duty assignments, issue or cause to be issued oral or written reprimands, counsel any member or take any other action consistent with the Code, Charter, Civil Service Rules and applicable provisions of any current memoranda of understanding relative to an affected member for the good of the department or any other good cause.

(a) An administrative investigation is an investigation conducted to determine whether or not a member has violated any provisions of a Departmental order, rule, or regulation, or whether a member is impaired or unfit to perform the duties and responsibilities of their position. Administrative investigation reports, statements, etc., may be used in administrative actions involving members of the department.

(b) Cooperation Required. Members who are witnesses to derelictions of employees charged shall cooperate in the conduct of any administrative investigations.

Interrogations of any member during the course of an investigation that could lead to formal disciplinary action shall be conducted under the following conditions and procedures and in accordance with the Peace Officer Bill of Rights. This rule shall not apply to any interrogation of a member in the normal course of duty, counseling, instruction or informal verbal admonishment by, or other routine or unplanned contact with a supervisor or any other member, nor shall this rule apply to an investigation concerned solely and directly with alleged criminal activities.

(a) The interrogation shall be conducted at a reasonable hour, preferably at a time when the
member is on duty, or during the normal waking hours of the member, unless the
seriousness of the investigation requires otherwise. If such interrogation does occur during
off-duty time of the member being interrogated, the member shall be compensated for such
off-duty time in accordance with regular department procedures, and the member shall not
be released from employment for any work missed.

(b) The member under investigation shall be informed prior to such interrogation of the rank,
name and command of the officer in charge of the interrogation, the interrogating officers,
and all other persons to be present during the interrogation. All questions directed to the
member under interrogation shall be asked by and through no more than two interrogators
at one time.

(c) The member under investigation shall be informed of the nature of the investigation prior
to any interrogation.

(d) The interrogating session shall be for a reasonable period taking into consideration gravity
and complexity of the issue being investigated. The person under interrogation shall be
allowed to attend to their own personal physical necessities.

(e) The member under interrogation shall not be subjected to offensive language or threatened
with punitive action, except that an officer refusing to respond to questions or submit to
interrogations shall be informed that failure to answer questions directly related to the
investigation or interrogation may result in punitive action. No promise of reward shall be
made as an inducement to answering any question. The employer shall not cause the
member under interrogation to be subjected to visits by the press or news media without
their expressed consent nor shall their home address or photograph be given to the press or
news media without their expressed consent.

(f) The complete interrogation of a member may be recorded. If a tape recording is made of
the interrogation, the member shall have access to the tape if any further proceedings are
contemplated or prior to any further interrogation at a subsequent time. The member shall
be entitled to a transcribed copy of any notes made by a stenographer or to any reports or
complaints made by investigators or other persons, except those which are deemed by the
investigating agency to be confidential. No notes or reports which are deemed to be
confidential may be entered in the officer's personnel file. The member being interrogated
shall have the right to bring their own recording device and record any and all aspects of
the interrogation.

(g) If prior to or during the interrogation of a member it is deemed that they may be charged
with a criminal offense, they shall be immediately informed of their constitutional rights.

(h) Upon the filing of a formal written statement of charges, or whenever an interrogation
focuses on matters which are likely to result in punitive action against any member, that
member, at their request, shall have the right to be represented by a representative of their
choice who may be present at all times during such interrogation. The representative shall
not be a person subject to the same investigation.

(i) No member shall be loaned or temporarily reassigned to a location or duty assignment if a
sworn member of their department would not normally be sent to that location or would
not normally be given that duty assignment under similar circumstances.

(j) No member shall be compelled to submit to a polygraph examination against their will. No
disciplinary action or other recrimination shall be taken against a member refusing to
submit to a polygraph examination, nor shall any comment be entered anywhere in the
investigator's notes or anywhere else that the member refused to take a polygraph
examination, nor shall any testimony or evidence be admissible at a subsequent hearing,
trial, or proceeding, judicial or administrative, to the effect that the member refused to take
a polygraph examination.

(k) No member shall have their locker, or other space for storage that may be assigned to them searched except in their presence, or with their consent, or unless a valid search warrant has been obtained or where they have been notified that a search will be conducted. This section shall apply only to lockers or other space for storage that are owned or leased by the employing agency.

(l) The aforementioned sections shall be interpreted in conformance with and not in conflict to California Government Code §§ 3300 et seq.

Whenever in the course of conducting an administrative investigation there is probable cause to believe that the member under investigation has committed a criminal act, such member shall be treated as any other criminal suspect or defendant and shall be afforded all rights and privileges guaranteed under the federal and state constitutions.

The provisions of these rules and regulations shall not be construed to increase or decrease the rights of any non-probationary member to an appeal as a matter of right or to a hearing at the discretion of the Personnel Relations Board for actions taken against any member as provided herein.

The provisions of this title shall be severable and if any phrase, clause, sentence or provision of this code is declared to be unconstitutional or the applicability thereof to any person or circumstance is held invalid, the constitutionality of this title and the applicability thereof to any other person or circumstance shall, with respect to all severable matters, not be affected thereby.

Article 2

Definitions

Refers to every officer and employee of the Police Department.

When used alone shall mean civilian employee assigned to the Police Department in any permanent or temporary Personnel Classification.

As used herein shall mean any person appointed to the Police Department as a regularly salaried and duly sworn as a peace officer, and shall have no reference to non-sworn employees.

Shall designate officers of the Department appointed to the rank of Lieutenant of Police or higher, or assigned by the Chief of Police to act in such rank.

Shall designate a non-sworn member who holds a position equivalent to a command officer (i.e., Support Services Manager).

Shall designate officers of the department assigned by the Chief of Police to positions requiring the exercise of immediate supervision over the activities of members of the Department.

Shall designate a non-sworn member who holds a position equivalent to a supervisory officer (i.e., Administrative Specialist Police).

As used herein shall refer to an officer of higher rank. The ranks in the San Leandro Police Department in descending order are: Chief of Police; Assistant Police Chief; Captain; Lieutenant; Sergeant; and Police Officer. Where two officers of the same rank are concerned, the superior officer shall be the one with greater seniority in rank, unless the other has been assigned as the officer in charge.

A civilian manager position shall be considered a non-sworn equivalent rank to Lieutenant. A civilian supervisor position shall be considered a non-sworn equivalent rank to Sergeant.

As used herein shall mean the San Leandro Police Department, City of San Leandro, California.

Policies are written directives issued by the Chief of Police defining policy and procedures to be used by the Department. The Department Policy may be used to amend, rescind, or supersede any other regulations, Department Policy or Special Orders. Policies are permanent Department policy and remain in full force and effect until amended, rescinded or superseded by the Chief of Police.

Department Special Orders are written directives issued at departmental and divisional level by the Chief of Police, Assistant Police Chief. Captain of Police, or a Commanding Officer of a Division. Special Orders are issued to establish a temporary policy or procedure on a given subject, usually for a specific length of time. Special Orders are automatically canceled when their objective has been achieved.

As used herein an order is any written or oral directive issued by a superior officer to any subordinate or group of subordinates.

As used herein are detail procedure guides and policy outlines issued for reference purposes. All manuals are issued by authority of the Chief of Police and carry the weight of a Department Policy.

The words "shall" or "will" as used herein shall indicate that the action required is mandatory.

The word "may" as used herein shall mean the action indicated as permissive.

Words used in the present tense shall include the future tense.

The singular includes the plural and the plural includes the singular.

For record purposes the department day shall begin at 0001 hours and shall conclude at 2400 hours.

That portion of the department's total activity that is directly concerned with the accomplishment of the departmental objectives in field operations. These units are responsible for the primary task of protection of life and property and render such services required by the public.

That portion of the department's total activity which assists the line organization in the accomplishment of the department objectives.

All members holding any command or supervisory rank within the department have authority over all members of the department of any subordinate rank. Command or supervision will ordinarily be exercised only within the scope of the member's assignment. In an emergency, or when the good of the department so requires it, any command or supervisory member may direct or correct the activities of any subordinate member.

When a member has directed or corrected an activity of a subordinate member outside of the normal scope of their assignment, they shall be held fully responsible for their actions.

Seniority is established first by rank and second by time served in rank. Where conflict occurs because of identical service or dates of appointment, the member with the higher position on the Personnel eligibility list from which appointments were made is deemed the senior.

In situations requiring decision or control where the officers are of equal rank, the senior officer will make the decision and exercise control, unless otherwise directed by a higher authority.

Any member assigned the status "Acting" for any command or supervisory position in the department shall have full authority and full responsibility of the command or supervisory position they are occupying.

Article 3

Ranks and General Duties

The Chief of Police is the chief executive officer of the department and is the final departmental authority in all matters of policy, operations and discipline.

(a) The Chief of Police is responsible for the organization of the department, its operations,
policy and procedures, and its relations with citizens, the city government and other
agencies.

(b) The Chief of Police is responsible for the efficiency of all members of the department. They
shall conduct inspections to assure effective compliance with their orders.

(c) The Chief of Police may designate such officers of the department as they deem necessary,
to act as administrative deputies in their name, and as their representatives. The Chief shall
be held responsible for the actions of such deputies.

(d) The Chief of Police shall keep the City Manager informed of the operations of the
department by oral or written reports.

(e) In the event of the absence of the Chief of Police from duty for any extended time, the
Chief of Police shall designate an Acting Chief of Police, who will assume, during the
absence of the Chief, all authority and responsibility vested in the Office of the Chief of
Police.

The Assistant Chief of Police serves as second in command of the Department and may be assigned to command a Bureau of the Department in addition to other duties by the Chief of Police. The Assistant Chief of Police assists in planning, managing, directing, controlling, and coordinating all activities of the Department. Subject to the approval of the City Manager, the Assistant Chief of Police shall act as Chief of Police during their absence.

A Captain of Police shall be assigned to command a Bureau of the Department, but may be assigned additional duties by the Chief of Police. A Captain of Police shall be responsible for planning, directing, controlling, and coordinating all activities of their command. The Captain of Police shall submit such verbal or written reports relating to their command, as may be required by the Chief of Police. Subject to the approval of the City Manager, the Chief of Police may designate a Captain of Police to act as Chief of Police during their absence.

The Lieutenant of Police shall be assigned as a command officer in charge of a division of the department. The Lieutenant shall be responsible for the general and individual responsibilities of all supervisory officers, and other employees under their direct control. In addition to general responsibilities:

(a) They shall provide direction and control of personnel under their command to assure proper performance of duties and adherence to established rules, regulations, policies, and procedures.

(b) Maintain discipline and morale within the command and shall investigate personnel complaints relating to their command, not assigned elsewhere.

(c) Prepare required correspondence, reports, and records relating to the activities of their command.

(d) Require that quarters, equipment, supplies and materials assigned to their command are properly used and maintained.

A Civilian Manager is a non-sworn member who holds a management level position within the City of San Leandro and the equivalent of a command position within the Police Department. A Civilian Manager has all the duties, authority and responsibilities of a Lieutenant of Police as outlined above with the exception of those requiring peace officer status under the law.

A Sergeant of Police is a supervisory officer who may be assigned in charge of a unit of the department. The Sergeant shall be responsible for officers and employees assigned to their unit. A Sergeant may be assigned to field or staff duties.

(a) The Sergeant shall exercise direct command of their subordinates to assure good conduct, discipline, and efficiency.

(b) The Sergeant shall enforce departmental rules, regulations and orders to insure compliance with departmental policies and procedures. This requires inspections of activities, personnel and equipment under their supervision. They shall institute suitable action in the event of a failure, error, violation, misconduct, or neglect of duty by a subordinate. They shall keep their supervisor abreast of the activities of their subordinates and their unit, and shall submit written reports of incidents which warrant administrative notice or further action.

(c) A Sergeant shall monitor the performance and progress of their subordinates and shall, according to departmental procedures submit objective and definitive reports of such performance. They shall provide or request such training as they deem necessary for their subordinates.

(d) A Sergeant shall have a working knowledge of the duties and responsibilities of their subordinates. They shall be available for assistance and instruction to their subordinates, as required.

A Civilian Supervisor is a non-sworn member who holds the equivalent of a police Sergeant's position within the Police Department. A Civilian Supervisor has all the duties, authority and responsibilities of a Sergeant of Police as outlined above with the exception of those requiring peace officer status under the law.

Police Officers are ordinarily assigned as motorized. They may be assigned to other related duties or special assignment by Division Commanders, subject to the approval of the Chief of Police.

(a) The Police Officer is responsible for general law enforcement duties and shall be held accountable for the beat, post, or special detail to which they are assigned. They shall hold themselves in readiness to answer the calls and obey the orders of their Superiors.

(b) A Police Officer assigned as a specialist (i.e., detective, field evidence technician, canine handler, etc.), shall be held accountable for proper and efficient performance of the duties of such special assignment.

(c) A Police Officer shall work such hours as may be designated by the Division Commander, subject to the approval of the Chief of Police.

(d) A Police Officer assigned to the Patrol Division shall patrol their beat diligently and faithfully and with the understanding they carry with them a responsibility for the safety of the community and their fellow officers.

(e) A Police Officer shall give immediate attention to calls for assistance, complaints or other emergencies. They shall render such assistance as may be required in an efficient manner, returning to their regular duties as soon as is practicable. They shall make an appropriate and timely report of their actions as soon as practicable upon completion of the service rendered.

(f) A Police Officer shall inform themselves of information concerning the City of San Leandro, its public buildings, courts, churches, transportation, boundaries, recreation facilities, county, state, and federal offices within the City. They shall be available to the public to provide accurate and intelligent assistance as required.

(g) A Police Officer shall attempt to dissuade any other member from any act or omission which they have reason to believe is unlawful, hazardous, in direct violation of departmental rules and regulations, highly disruptive to departmental purposes or operations, or likely to bring discredit to the department or its members. Failing to discourage such act or omission, the officer shall immediately report their conclusions and dissuasive efforts to the most readily available supervisory or command officer.

§ 11.1.325. (RESERVED)

Non-sworn members are appointed to the department in appropriate civil service classification.

(a) Non-sworn members of the department shall work such hours as may be designated by the Division Commander, subject to the approval of the Chief of Police.

(b) Non-sworn members are subject to all department rules and regulations in the same manner as are officers.

(c) Non-sworn members assigned to duties which require contact with the general public are representing the department and shall conduct themselves in a courteous, alert, and efficient manner.

Article 4

General Responsibilities

§ 11.1.400. (RESERVED)

§ 11.1.405. (RESERVED)

Regardless of assignment, officers shall take prompt, proper police action with respect to violations of laws and ordinances, as observed by them, or coming to their attention.

No officer of the department shall fail to assist or protect their fellow officer in time of danger, or fail to take effective action where danger might reasonably be impending, except where they are actually incapacitated.

§ 11.1.420. (RESERVED)

§ 11.1.425. (RESERVED)

§ 11.1.430. (RESERVED)

No member shall for the purpose of personal preferment, advantage, transfer, advancement, or any other personal action, seek the influence or intervention of any person not an employee of the department. Reference §406, Article IV, City Charter.

§ 11.1.440. (RESERVED)

§ 11.1.445. (RESERVED)

§ 11.1.450. (RESERVED)

No officer of the department shall serve civil process nor shall they officially intervene in civil matters, except as required by law to prevent a breach of this peace, commission of a crime, or as directed by a Commanding Officer.

(a) Notification of Superior on Service of Civil Subpoena. Whenever any department in the
City of San Leandro is involved in a civil matter which results in the subpoena of a member
of the Police Department, the member shall immediately notify their Command Officer of
the service of the subpoena.

(b) Improper Use of Official Position in Civil Cases. No member shall use their official
position with the department as a means of coercion or intimidation of persons, businesses,
or organizations with whom they may be engaged in a civil dispute, to settle the dispute or
civil action in the favor of such member.

(c) Notification—Payment, Service-Connected Injury. Members shall notify the Chief of
Police in writing immediately upon accepting payment for damages or personal injury
incurred in line of duty.

(d) Interviews with Attorneys—Investigators. For the protection of officers and the
department, all interviews between members of the department, and attorneys or other
persons interested in any case arising out of the departmental employment, shall take place
in the presence of, or with the knowledge of a Command Officer of the department.

§ 11.1.460. (RESERVED)

§ 11.1.465. (RESERVED)

§ 11.1.470. (RESERVED)

No member shall suggest or recommend any person or firm engaged in the business of furnishing bail to any persons desiring bail, except to the member's immediate family.

No member shall recommend or counsel the retention of a specific attorney to any prisoner or other person involved in a criminal or civil case of interest to this department, except to the member's immediate family.

PROHIBITED.

No member shall knowingly buy or accept any article for personal disposition from any person in custody, any person suspected of criminal acts, or any associate or relative of such person.

No member shall for personal reasons or benefit interfere with any criminal court action or use their official position to arrange for any person charged or suspected of a crime to escape prosecution.

Except as protected by the Fifth Amendment of the U.S. Constitution, no member receiving or possessing any facts or information relative to a criminal offense or investigation shall, for personal reasons or self-aggrandizement, fail to promptly report such facts or information to the Bureau, Division, or Section of the department concerned.

(a) Advising Another to Withhold Information. No member of the department shall advise, counsel, order, or otherwise dissuade any other member from making a lawful or proper report either on criminal investigations or departmental matters.

Article 5

Miscellaneous Regulations

§ 11.1.500. (RESERVED)

§ 11.1.505. (RESERVED)

Members not subscribing to a telephone and who are subject to recall or call-in for special or emergency response, shall inform the department of the means by which they may be reached when not immediately available.

(a) Members' Telephone Number and Address. Members shall keep the department informed of their current residence address and telephone number, and shall report any change of address or telephone within 24 hours.

Members shall not address public gatherings or fill speaking engagements as official representatives of the department, except in accordance with established department procedures.

Members shall not knowingly incur any unauthorized departmental expense or liability without the expressed approval of a Superior Officer.

Officers, on official duty, shall, upon request, identify themselves immediately by giving their names and displaying their badges and credentials, unless such action is likely to jeopardize the successful completion of an official assignment.

Members shall acquaint themselves, daily when on duty, and immediately upon return from absence, with police information posted on bulletin boards, in department Policies and Special Orders, wanted circulars and crime information sheets, pertinent to their assignment and themselves.

All information, notices, circulars, or other material posted on the department bulletin boards shall be in conformity with City and department orders. Reference City Council Resolution No. 70-48 (Employer-Employee Relations).

(a) Prohibited Materials. Members shall not defile any authorized posting, or post any material, cartoon or graffiti which is in any manner lewd, obscene, or demeaning.

The Chief of Police may call for a full dress inspection of the department or of any bureau,

Division, or Section thereof. All members directed to attend shall report in the uniform prescribed at the time and place specified. Failure to report for inspection shall be considered absent without leave.

(a) Supervisory Inspections. Supervisory and command personnel shall conduct such inspections of the personnel under their command as may be necessary to assure the proper appearance, condition, readiness, and effectiveness of personnel and equipment.

Members shall promptly report to their immediate Superior, on the appropriate forms, any defects or damage existing in any departmental equipment, vehicle, or property assigned to them or used by them.

Members shall immediately report on appropriate forms, all accidents, vehicle or other types, in which they are involved, in accordance with current department orders or procedures and the directives of the City of San Leandro. Written reports shall contain all material facts and statements concerning the incident. Any member who knowingly omits or falsifies a material fact or statement is guilty of gross misconduct.

All members of the department shall attend such In-Service Training courses as required by orders, memorandums, or directives issued by competent authority.

§ 11.1.560. (RESERVED)

§ 11.1.565. (RESERVED)

Members shall promptly submit written reports as required and in conformance with departmental orders and procedures or the instructions of a Superior Officer.

§ 11.1.575. (RESERVED)

Article 6

Personal Responsibilities

§ 11.1.600. (RESERVED)

§ 11.1.605. (RESERVED)

The Police Department is a semi-military organization in operational and personnel procedures.

(a) Title of Rank to be Used in Public. Members on duty, while in the presence of the public
shall address command or supervisory officers by their title of rank.

(b) Military Honors to National Colors. Officers in uniform shall at appropriate time, render
full military honors to the National Colors and the National Anthem. Members in civilian
dress shall render proper civilian honors to the National Colors and National Anthem.

§ 11.1.615. (RESERVED)

§ 11.1.620. (RESERVED)

§ 11.1.625. (RESERVED)

§ 11.1.630. (RESERVED)

§ 11.1.635. (RESERVED)

§ 11.1.640. (RESERVED)

Members shall not belong to, be affiliated with, or participate in the activities of any organization, association, society, or other group (except for the Armed Forces Reserve Components listed in the California Veterans Code), the constitution or by-laws of which in any require prior consideration to itself or prevents its members from rendering proper and efficient service to the department.

Members shall not permit the use of their photographs, names, or official titles for advertising purposes; or by testimonial, recommendation, or other means participate in any advertising scheme or enterprise related to or based upon their employment with the department, without the approval of the Chief of Police.

Financial distress may impair an individual's effectiveness and tends to bring discredit upon the department. Employees should avoid incurring financial obligations which are beyond their ability to reasonably satisfy from their earnings.

Members shall not shop or conduct personal business while dressed in the readily identifiable uniform of the police department, unless required to do so in the line of duty.

Members in uniform shall not read newspapers, periodicals, books or other reading material, while on duty in public view, which would imply inattentiveness to duty, except in connection with official duties.

(a) Members, whether in uniform or not, shall not, except during authorized meal or refreshment breaks, devote on-duty time to reading any material that is not reasonably related to their employment.

No member of the department shall use another member's badge, or identification card, or name tag, without the expressed approval of a command officer, nor shall any member knowingly permit another member to use their badge, identification card, or name tag without the expressed approval of a command officer.

(a) Lending Police Credentials or Badge. No member shall knowingly permit any person not appointed to the San Leandro Police Department to use a department badge, identification card, or name tag at any time.

Members shall obey all lawful orders and directions issued by a member of higher rank. Such obedience shall be prompt and efficient.

(a) Insubordination. The intentional failure or deliberate refusal of any member to obey any lawful order or instruction given by a member of higher rank in the department shall be deemed insubordination. The intentional failure or deliberate refusal to do or perform any act required by these Rules and Regulations or department directives, or the commission of any act prohibited by these Rules and Regulations or department directives shall also be deemed insubordination. The flouting of the authority of any member of a higher rank by manifest disrespect or disputing their orders shall likewise be deemed insubordination.

The issue of orders from superior to subordinate shall be in clear understandable language, civil in tone, oral or written, and issued in pursuit of department business.

(a) Issue of Unlawful Orders Prohibited. No command or supervisory employee shall knowingly issue any order or instruction which is in violation of any law or ordinance or of department Rules and Regulations.

(b) Criticism of Order or Instructions. No member shall publicly, derogatorily criticize or comment concerning instructions or orders, verbal or written, they may receive.

Should any lawful order or lawful instruction issued by a superior officer conflict with any such order or instruction issued previously by another superior or with any departmental order, the officer or employee to whom such order or instruction is given shall respectfully call attention to the conflict. If the superior officer, who issued such conflicting order or instruction, does not change it to eliminate the conflict, the order or instruction shall stand and the responsibility shall be the said superior officer's.

Members may appeal for relief from orders which are unjust. Appeals justifying relief from orders shall be made in writing through channels to the Chief of Police. Irresponsible or capricious appeals will be considered serious misconduct.

(a) Obedience of Unlawful Orders Not Mandatory. The responsibility for criminal acts is that of the individual and cannot be delegated or directed to another. Therefore, no member is required to obey orders or instructions which are contrary to the laws of the United States, the State of California, or the ordinances of the City of San Leandro. However, should a member refuse to obey such an order or instruction, such refusal is their responsibility and they shall be strictly required to justify their actions.

(b) Unjust Order to Be Obeyed, Then Appealed. Whenever a member receives an order or instruction that they feel to be contrary to Rules and Regulations, Policies or Special Orders, they shall first obey such order or instruction to the best of their ability and may then proceed to appeal for relief as provided by § 11.1.690.

No member shall engage in any strike, work stoppage, slowdown or abstention from duty, in whole or in part which detracts from the full, faithful and proper performance of their assigned duties and responsibilities.

Members, except when provided by law, shall not use the department as a mailing address for non-service-oriented business.

Article 7

Duty Responsibility

Members of the department shall always be subject to duty, including even those periods normally considered to be off-duty hours or rest days. In an emergency or under any unusual circumstances, a Command or Supervisory member may order a member to report for duty or remain on duty.

(a) Duty Calls for Emergencies and Unusual Circumstances. Members off duty shall report for duty immediately upon receipt of and in compliance with the directions given them at the time of notification.

(b) Reporting Without Notification. Members shall report without notification in the event of a major disaster, or any other emergency wherein it would reasonably be expected that the department would require the additional services of all members. If in doubt, members shall call the department to report their readiness and state their location.

All members shall report for duty at the time and place, in the attire, and with the equipment specified by departmental orders or the orders of a Superior in rank, unless their absence is authorized by competent authority.

All members shall remain at their assigned duties until the completion of their tour of duty; or until officially dismissed by someone superior in rank.

Members shall remain awake, alert, and productive during the time they are on duty.

(a) Member's Responsibility. It shall be the member's responsibility to notify their supervisor if they become overly fatigued or ill while on duty. Said supervisor shall evaluate the member's reported distress and take measures appropriate to the situation.

Members may suspend their duties, circumstances permitting, for a lunch period of authorized duration, unless otherwise directed by their Supervisor. Members may also suspend their duties, circumstances permitting, for refreshments for not more than fifteen minutes; once during the first half of their tour of duty, and once during the last half of their tour of duty. Such lunch and refreshment periods shall be subject to the inspection of a supervisor.

(a) Discretion Regarding Meal/Refreshment Breaks. Members shall take meal and refreshment breaks in accordance with department procedures, and shall avoid congregating in such numbers, or under such circumstances as would tend to suggest to the public an inattentiveness to duty.

Members on duty, or when officially on call, shall be directly available by normal means of communications; or shall keep their office, headquarters, or Superior Officer informed of the means by which they may be reached when they are not immediately available.

(a) Radio Communications. Members assigned to duties which normally maintain ongoing radio contact with headquarters shall not leave their vehicle or post without first advising headquarters of their location and intentions and receiving permission to do so, unless the urgency of the task precludes such prior notification.

Any member who observes, or has called to their attention, any situation wherein the department should take action, shall, as soon as is practical, notify department headquarters. They shall give their name, rank, the facts of the situation, and what action, if any, the member is taking.

(a) Off-Duty Officers Performing Police Service. Officers off duty shall perform necessary police services whenever and wherever they are aware of a serious criminal offense or a present threat to life (830.1 Penal Code).

All members shall respond appropriately and without unnecessary delay to all calls for police or police-related assistance from the public or other officers or employees. While emergency calls take precedence, all calls shall be answered as soon as practicable, consistent with normal safety precautions.

(a) Regard for Public Safety During Emergency Response. Although a member may be directed to, or may decide, based on the circumstances, to respond in an emergency mode under red lights and siren, said member shall respond with all due regard and caution for the safety of themselves, and other motorists and pedestrians (§21056 California Vehicle Code).

All members of the department shall keep themselves readily available to the public at all times when on duty, except when concealment is a necessary police tactic or purpose.

Every member who is injured, whether on or off duty, or who becomes ill, shall promptly make such reports, or cause such reports to be made, as are required by Civil Service Regulations and department directives of instructions. In the case of serious illness or injury, such reports shall be made as soon as is practicable. (Reference Civil Service Rule XI - Section 2E and Department Policy 1009.)

No member shall be absent from their assigned duties without authorized leave. "Absence without leave," is herein defined as a willful failure of a member to appear for or remain on duty at the date, time, and place specified by the member's Supervisor to the Commanding Officer of the Unit to which the absent member is assigned.

All members shall maintain themselves in such physical condition and such mental attitude as will allow them to cope effectively with their assigned duties.

(a) Standards and Evaluations. Members shall submit to such testing as may be prescribed by the department to measure and evaluate their physical and mental fitness for duty, and shall adhere to such fitness standards as may be adopted by the department.

General or persistent incompetency shall be grounds for dismissal. Incompetence as herein used shall mean that the members lack adequate ability, knowledge, or fitness to satisfactorily perform the duties which are within the scope of the member's employment.

(a) Incompetency may be evidenced by continued substandard performance of duty or the inability to meet and maintain performance standards following reasonable remedial or corrective measures instituted by the department.

(b) Incompetency shall specifically include the inability or failure to assimilate and/or apply the laws, ordinances, and legal concepts which form the framework within which the peace officer functions.

General or persistent inefficiency shall be grounds for disciplinary action. Inefficiency as used herein shall mean that the member's performance of work results in performance lower than that which is typically expected of a similar employee in a similar position.

Members, while in uniform, or on duty, shall not enter restaurants, taverns, theaters, or other public places, except in performance of duty or while on authorized rest breaks. Meals taken in public places should be eaten within the time limit defined in these Rules, and in public view.

An officer on duty as a patrol officer shall stay within the general confines of their assigned area. They shall not leave their assigned area without authorization, except when assigned or ordered in pursuit of official duty.

It shall be the duty of all officers of the department when assigned to or assuming control at a crime scene, to keep the premises or area secure from intrusion by unauthorized persons and maintain it without change in appearance or character; to obtain witnesses for interview; and where lawful and practical, to arrest the responsible person or persons.

Article 8

Uniform and Equipment Regulations

All members shall own and maintain in good order all uniform and equipment required by the Uniform and Equipment regulations of the Department.

(a) Uniform and Equipment to Conform to Specifications. No member on duty shall wear
any uniform or equipment or portion thereof, which does not conform with the Uniform
and Equipment Regulations of the San Leandro Police Department.

(b) Maintenance of Uniform and Equipment. Members shall maintain their uniforms and
equipment in serviceable condition. Uniform shall be clean and pressed, and shall not be
noticeably patched or worn. All shoes, leather, and metal equipment shall be polished.

(c) Specifications for Uniforms and Equipment. Specifications for uniforms and equipment
will be found in San Leandro Police Policies.

Officers shall not unnecessarily display their firearms in any public place, or carelessly handle a firearm at any time or place.

(a) Discharge of Firearms. No officer shall discharge a firearm under any circumstances, except in connection with official law enforcement duties, and as authorized by department orders and regulations.

(b) Reporting Discharge of Firearm. Any officer who discharges any firearm accidentally or intentionally, except during routine target practice, or discharges any chemical gas, shell or projectile, shall immediately notify their Superior Officer. They shall submit a written report to their Bureau Commander, through proper channels, as soon as is practical.

(c) Use of Weapons or Chemicals. Officers shall not take into the field or use weapons not otherwise authorized by the department, including, but not limited to, submachine guns, rifles, or other chemical agents or weapons, except with the approval of a Command Officer or in strict accordance with departmental policy. The use of such weapons shall be under the direct supervision of a Command Officer or such officer of the department designated by the Command Officer. Aerosol chemical agents routinely carried by individual members are excluded from this rule.

No member shall store or place any type of firearm in the police headquarters building or surrounding area, unless the place of storage is secure, and is kept locked when unattended.

(a) Locked Storage Areas. Personal lockers and departmental storage areas where firearms, all other weapons, and department property are stored, shall be kept locked when unattended.

Officers shall not knowingly give, lend or sell any firearm to any person who does not have the legal right to possess such firearm.

All officers shall file a report with the Chief of Police listing the serial number, manufacturer, and model of all concealable firearms carried by such officer, whether on or off duty. A similar report shall be made of the handcuffs owned by officers.

(a) Reporting Loss of Firearms or Handcuffs. Any loss of a service firearm of handcuffs owned by or issued to officers shall be reported in writing immediately, giving full details of the loss. Such report shall be filed with the superior of the reporting officer.

Editor's Note: This Chapter was first codified administratively in 1982.

(Resolution No. 2005-156, 11/21/2005 [§§11.1.216, 11.1.221, 11.1.425(b), 11.1.800(c)]; Res. No. 2024-061, 6/17/2024 [11.1.100 - 11.1.820])