San Leandro Municipal Code Art. 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 These regulations may be amended, revised, repealed or reenacted from time to time by written order of the Chief of Police.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.