San Leandro Municipal Code Art. 6 Personal Responsibilities

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.

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.