HomeMy Public PortalAboutPRR 17-2520RECORDS REQUEST (the “Request”)
Date of Request: _______________
Requestor’s Request ID#: __________________
REQUESTEE: Custodian of Records Sweetapple, Broeker & Varkas
Custodian of Records Jones, Foster, Johnston & Stubbs
Custodian of Records Town of Gulf Stream
Custodian of Records Richman Greer, P.A.
Custodian of Records Cole Scott & Kissane
Custodian of Records Johnson Anselmo Murdoch Burke Piper & Hochman, P.A.
REQUESTOR: __ Martin E. O’Boyle _______________________________
REQUESTOR’S CONTACT INFORMATION: E-Mail: records@commerce-group.com
Fax: 954-360-0807 or Contact Records Custodian at records@commerce-group.com;
Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442
REQUEST: Please provide a copy of the Gulf Stream Police Department Rules and Regulations
Booklet Pages 1 through 6 and Pages 8 through 15.
ADDITIONAL INFORMATION REGARDING REQUEST: The term “Town of Gulf Stream” shall
mean each of the following: the Town of Gulf Stream, its Commissioners, its Manager, its employees, its
officers, its staff, its Police Department, its Police Officers; including, without limitation, the
attorneys, employees and partners of the following law firms: Sweetapple, Broeker & Varkas;
Richman Greer, PA; Jones, Foster, Johnston & Stubbs; Cole, Scott & Kissane, P.A.; and Johnson
Anselmo Murdoch Burke Piper & Hochman, P.A.
THIS REQUEST IS MADE PURSUANT TO ARTICLE I, SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119,
FLORIDA STATUTES
IF THE PUBLIC RECORDS BEING SOUGHT ARE MAINTAINED BY YOUR AGENCY IN AN ELECTRONIC FORMAT PLEASE
PRODUCE THE RECORDS IN THE ORIGINAL ELECTRONIC FORMAT IN WHICH THEY WERE CREATED OR RECEIVED.
SEE §119.01(2)(F), FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS
RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER. NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES
SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2)
ALSO PLEASE TAKE NOTE OF §119.07(1)(H) OF THE FLORIDA STATUTES, WHICH PROVIDES THAT “IF A CIVIL ACTION
IS INSTITUTED WITHIN THE 30-DAY PERIOD TO ENFORCE THE PROVISIONS OF THIS SECTION WITH RESPECT TO
THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY
ORDER OF A COURT OF COMPETENT JURISDICTION AFTER NOTICE TO ALL AFFECTED PARTIES.”
ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E-MAIL DELIVERY.
PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE.
It will be required that the Requestor approve of any costs, asserted by the Agency (as defined in Florida Statute, Chapter 119.01
(Definitions)), in advance of any costs imposed to the Requestor by the Agency.
“BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS
ARE “PUBLIC RECORDS” AS DEFINED IN CHAPTER 119, FLORIDA STATUTES”.
I/P/NP/FLRR
11.04.2016
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
April 4, 2017
Martin E. O’Boyle [records@commerce-group.com]
Re: GS #2520 (PRR 1389)
Please provide a copy of the Gulf Stream Police Department Rules and Regulations Booklet Pages
1 through 6 and Pages 8 through 15.
Dear Martin E. O’Boyle [records@commerce-group.com]:
The Town of Gulf Stream has received your public records request dated March 31, 2017. The
original public records request can be found at the following link:
http://www2.gulf-stream.org/weblink/0/doc/110544/Page1.aspx
Please be advised that the Town of Gulf Stream is currently working on a large number of
incoming public records requests. The Town will use its very best efforts to respond to you in a
reasonable amount of time with the appropriate response or an estimated cost to respond.
Sincerely,
Reneé Rowan Basel
As requested by Rita Taylor
Town Clerk, Custodian of the Records
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
April 6, 2017
Martin E. O’Boyle [mail to: records@commerce-group.com]
Re: GS #2520 (PRR 1389)
Please provide a copy of the Gulf Stream Police Department Rules and Regulations Booklet
Pages 1 through 6 and Pages 8 through 15.
Dear Martin E. O’Boyle [mail to: records@commerce-group.com]
The Town of Gulf Stream has received your public records requests dated March 31, 2017. You
should be able to view your original request and response at the following link:
http://www2.gulf-stream.org/weblink/0/doc/110544/Page1.aspx
We consider this request closed.
Sincerely,
Reneé Rowan Basel
As requested by Rita Taylor
Town Clerk, Custodian of the Records
GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS
RULES AND REGULATIONS
1) COMMAND AND SUPERVISORY RESPONSIBILITIES AND AUTHORITY
1-1 CHIEF OF POLICE - AUTHORITY AND RESPONSIBILITIES
1-1a Authority: The Chief of Police is the chief executive officer of the department and the final
department authority In all matters of policy, operations and discipline. He or she exercises all
lawful powers of his or her office and issues such lawful orders as are necessary to assure the
effective performance of the department.
1-1b Responsibilities: Through the Chief of Police, the department is responsible for the enforcement
of all laws and ordinances coming within its legal jurisdiction. He or she is responsible for
planning, directing, coordinating, controlling and staffing all activities of the department; for its
continued efficient operation; for the enforcement of rules and regulations within the department;
for the completion and forwarding of such reports as may be required by competent authority;
and for the department's relations with the citizens of the town, the town government, and other
agencies
1-2 LIEUTENANT -AUTHORITY AND RESPONSIBILITIES
The Lieutenant shall assist the Chief of Police in the execution of his office and shall have such powers
and perform such other duties as the Chief from time to time may direct. He or She shall carry out the
orders and policies of the Chief and shall not alter, revise, or countermand such orders or policies
heretofore established, except in the case of an emergency.
1-3 SHIFT SUPERVISOR - AUTHORITY AND RESPONSIBILITIES
The shift supervisor, during his or her tour of duty, exercises the same authority and has the same
responsibilities as his or her superior. In addition to the general and individual responsibilities of all
members, the shift supervisor is specifically responsible for the following:
1-3a Good Order: The general good order of his or her command during his or her tour of duty, to
include proper discipline, conduct, welfare, field training, and efficiency.
1-3b Briefing: Conduct prescribed briefings, communicate all orders or other information at briefings,
and inspect and correct his or her command as necessary.
1-3c Reporting: Reporting as required by an appropriate supervisor.
1-3d Personnel Complaints: Conduct inquiry into personnel complaints against members under his or
her command in accordance with Town Personnel Policies, Department Procedures and Rules
and Regulations.
14 SUPERVISORY OFFICERS - AUTHORITY AND RESPONSIBILITIES
Supervisors are members appointed in charge of one or more members, permanent or temporary.
1-4a Leadership: Effective supervision demands leadership. Provision of leadership will include on
the job training as needed for efficient operation and coordination of effort when more than one
member is involved.
1-4b Supervision: A supervisor may be assigned to field or office duties. During his or her tour of duty,
he or she must closely supervise the activities of his or her subordinates, making corrections
where necessary and commending where appropriate.
1-4c Direction: Supervisors must exercise direct command in a manner that assures the good order,
conduct, discipline, and efficiency of subordinates. Exercise of command may extend to
subordinates outside his or her usual scope of supervision if the police objective or reputation of
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GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS
the department so requires, or if no other provision is made for members temporarily
unsupervised. This authority will not be exercised unnecessarily. If a supervisor requires a
subordinate other than his or her own to leave a regular assignment, the supervisor so directing
will Inform the subordinate's own supervisor as soon as possible. —
1-4d Assisting Subordinates: A supervisor will have a working knowledge of the duties and
responsibilities of his or her subordinates. He or she will observe contacts made with the public
by his or her subordinates and be available for assistance or instruction as may be required. A
field supervisor will respond to calls of serious emergencies, felonies in progress, assaults and
others unless actively engaged in a police Incident. He or she should observe the conduct of the
assigned members and take active charge when necessary.
1-4e Inspections: The Chief of Police may call for Inspections of the department or any part thereof.
Members directed to attend such inspections will report in the uniform prescribed, carrying the
equipment specified. Unauthorized absence from such inspection is chargeable as "absence
without leave."
2) PROFESSIONAL CONDUCT AND RESPONSIBILITIES
2-1 STANDARD OF CONDUCT
Members will not engage in conduct on or off-duty which adversely affects the morale or efficiency of
the department or engage in conduct on or off-duty, which may destroy public respect for the
member and/or the department and/or destroy confidence in the operation of the municipal service.
2-2 LOYALTY
Members will maintain a loyalty to the department and their associates as is consistent with the law,
department policy and procedures or rules and regulations.
2-3 COOPERATION
All members are strictly charged with establishing and maintaining a high spirit of cooperation within
the department, with other governmental entities, and the community.
2-4 ASSISTANCE
All sworn members are required to take prompt police action toward aiding a fellow officer exposed
to danger or in a situation where danger might be impending.
2-5 GENERAL RESPONSIBILITIES
Within the town, sworn members will at all times take appropriate action to:
Protect life and property,
Preserve the peace,
Prevent crime,
Detect and arrest violators of the law; and
Enforce all federal, state, and local laws and ordinances coming within department jurisdiction.
2-6 DUTY RESPONSIBILITIES
Members will, at all times regardless of assignment, promptly respond to the lawful orders of a
supervisor and other proper authorities and to calls for police assistance from citizens. Sworn
members assigned to special duties are not relieved from taking proper action outside the scope of
their specialized assignment when necessary. Sworn members, after completing a police call for
service, will promptly return to active duty status. All members, sworn and civilian will perform their
duties as required or directed by law; department rule, policy or order; or by order of a supervisor.
2-7 OFF-DUTY RESPONSIBILITIES
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GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS
Sworn members will, while off-duty and within the Town of Gulf Stream, take appropriate law
enforcement action when a felony or a serious misdemeanor occurs in their presence or an incident
occurs in their presence that is life threatening or presents a danger of injury to someone. Sworn
members will be in an on -duty status when they take such law enforcement action when off-duty.
Members will properly identify themselves when off-duty and in plain clothes.
Sworn members will not utilize a private or personal vehicle to take enforcement action, except when
a felony or a serious misdemeanor occurs in their presence. Members will immediately notify an on -
duty officer to respond to the scene.
When a member, off duty, becomes involved with another law enforcement agency as a victim or
witness in any investigation of any violation of law, excluding non -criminal traffic infractions, the
member will notify the on -duty shift supervisor at the earliest time possible during or immediately
after the contact.
If the member becomes involved with another law enforcement agency during any investigation as a
detainee, suspect or arrestee, the on -duty shift supervisor will be notified during the contact or
immediately after contact with the other law enforcement agency. The shift supervisor may respond
to the scene, where practical and will notify the on-call supervisor.
2-8 ADDRESSES AND TELEPHONE NUMBERS
Immediately upon being hired, members will record their correct residence addresses and telephone
numbers with the Administrative Section. Members are required to have telephone service in the
place where they reside. Changes in address or telephone number will be reported to the Chief of
Police within 48 hours of the change. This will be done in writing on the appropriate form.
2-9 QUESTIONS REGARDING ASSIGNMENT
Members in doubt as to the nature or detail of their assignment will seek information and direction
from their supervisors.
2-10 KNOWLEDGE OF LAWS AND DIRECTIVES
Every member is required to establish and maintain a working knowledge of all laws and ordinances
in force in the town, the rules, regulations and written procedures of the department. In the event of
improper action, it will be presumed that the member was familiar with the law, rule, procedure or
policy in question.
2-11 OBEDIENCE TO LAWS AND DIRECTIVES
Members will observe and obey all federal and state laws, town ordinances, policy and procedures,
written directives, rules and regulations of the department.
2-12 INSUBORDINATION
Insubordination will include, but not be limited to, any failure or deliberate refusal by a member to
obey a lawful order given by a supervisor or any disrespectful, mutinous, insolent, or abusive
language or action by a member toward a supervisor, whether in or out of the presence of the
supervisor.
2-13 REPORTING VIOLATIONS OF LAWS ORDINANCES, RULES OR ORDERS
Members knowing of other members disobeying orders or violating laws, ordinances, or written
directives and/or rules of the department, will report same in writing to the Chief of Police via the
appropriate supervisor.
2-14 MANNER OF ISSUING ORDERS
Orders from superior to subordinate will be made in clear and understandable language, civil tone
and issued in pursuit of department business.
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GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS
2-15 OBEDIENCE TO ORDERS
Each member will obey all lawful orders of a superior, including those relayed through an employee
of equal or less rank. The term "lawful order" will be construed as any order in keeping with the
performance of any duty prescribed by law or by these rules and regulations or for the preservation
of good order, efficiency and proper discipline which is not in conflict with these rules and
regulations.
2-16 UNLAWFUL OR IMPROPER ORDERS
No commander or supervisor will knowingly issue any order, which is in violation of any law or
ordinance or department procedure, policy, or rule.
2-17 OBEDIENCE TO UNLAWFUL ORDERS
No member is required to obey any order, which is contrary to federal or state law or local ordinance.
Responsibility for refusal to obey rests with the member. The member will report the unlawful order
in writing to the next higher supervisor in the chain of command. The member will be required to
strictly justify his or her action.
2-18 OBEDIENCE TO UNJUST OR IMPROPER ORDERS
Members who are given orders which they feel to be unjust or contrary to department directive must
first obey the order to the best of their ability and then may appeal the order through the chain of
command.
2-19 CONFLICTING ORDERS
Upon receipt of an order conflicting with any previous order or instruction, the member affected will
advise the person issuing the second order of this fact. Responsibility for countermanding the
original instruction then rests with the individual issuing the second order. If so directed, the latter
command will be obeyed first.
2-20 CONDUCT TOWARD SUPERIOR AND SUBORDINATE OFFICERS AND ASSOCIATES
Members will treat supervisors, subordinates and associates with respect. Members will be
courteous and civil at all times in their relationships with each another. When on -duty, and
particularly in the presence of other members or the public, officers should be referred to by rank.
2-21 CRITICISM
Members will not publicly criticize or ridicule the department, its procedures, policies, rules or other
members by talking, writing, or in any other manner where such talking, writing or other expression
is defamatory, obscene, or unlawful and which tends to impair the operation of the department by
interfering with Its efficiency, interfering with the ability of supervisors to maintain discipline, or having
been made with reckless disregard for the truth.
2-22 SOLICITING GIFTS. GRATUITIES, FEES, REWARDS, LOANS, ETC.
Members will not, under any circumstances, solicit any gift, gratuity, loan, or fee during the
performance of, or related to, any official duty or action.
2-23 ACCEPTANCE OF GIFTS, GRATUITIES. FEES, LOANS, ETC.
Members will not accept, either directly or indirectly, any gift, gratuity, loan, fee, or any thing of value
arising from or offered because of police employment or any activity connected with said
employment, without first advising the Chief of Police of the circumstances in writing.
2-24 OTHER TRANSACTIONS
Members are prohibited from buying or selling anything of value from or to any suspect, witness,
defendant, prisoner, or other person involved in any case which has come to their attention or which
arose out of their department employment, except as may be specifically authorized by the Chief of
Police.
2-25 PRIVATE BENEFIT FROM DEPARTMENTAL ASSOCIATION
The use of prestige or influence of one's official position, or the use of facilities, equipment or
supplies of the department for the private gain or advantage to oneself or another is prohibited.
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GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS
2-26 DISPOSITION OF UNAUTHORIZED GIFTS, GRATUITIES, ETC.
Any unauthorized gift, gratuity, reward, or other commodity falling into any of these categories
coming into the possession of any member will be forwarded to the office of the Chief of Police with
a written report explaining the circumstances connected therewith.
2-27 FREE ADMISSIONS AND PASSES
Members will not solicit free admission to theaters and other places of amusement or entertainment
for themselves or others.
2-28 REWARDS
Members will not accept reward in money or any other consideration except lawful salary and that,
which may be authorized by law.
2-29 DEBTS - INCURRING AND PAYMENT
Members will pay all just debts and legal liabilities they incur.
2-30 RESTRTICTION ON EMPLOYMENT OF RELATIVES
Members may not appoint, employ, promote, or advance, or advocate for appointment,
employment, promotion, or advancement, in or to a position in the department in which the member
is serving or over which the member exercises jurisdiction or control any individual who is a relative
of the member.
A relative is an individual who is related to the member as father, mother, son, daughter, brother,
sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-
law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter,
stepbrother, stepsister, half brother, or half sister.
This does not apply to persons serving in a volunteer capacity.
3) GENERAL CONDUCT ON -DUTY
3-1 PROHIBITED ACTIVITY ON -DUTY
Members are prohibited from engaging in the following activities while on -duty;
Sleeping, loafing;
Recreational reading;
Conducting private business;
Carrying any articles which distract from the proper performance of police duty; and
Drinking intoxicating beverages except in performance of a police duty and then only with the
specific consent of a supervisor and never in uniform.
3-2 CONSUMPTION OF INTOXICANTS
Members will not consume intoxicants while off-duty to the extent that evidence of such consumption
is apparent when reporting for duty or to the extent that their ability to perform duty is impaired.
3-3 INTOXICANTS ON DEPARTMENTAL PREMISES
Members will not bring onto or keep any intoxicating liquor on department premises except:
When necessary in the performance of a police task. Such intoxicants brought onto department
premises will be properly identified and stored according to department procedure.
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GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS
34 POSSESSION/USE OF CONTROLLED SUBSTANCES
No member will possess and/or while on -duty use any controlled substances without the approval
and guidance of a licensed physician and only with the knowledge of a supervisor. At no time may a
member use or be under the influence of a controlled substance where such use impairs or —
compromises the efficiency and integrity of the department or municipality.
Although antibiotics are classified as controlled substances, those which are known not to induce
any side effects are exempt from this rule.
3-5 SMOKING WHILE ON -DUTY
Members are prohibited from smoking in all police facilities, in all police vehicles, while in direct
contact with the public, and/or when in uniform in public view.
3-6 RELIEF
All members are to remain at their assignment and on -duty until properly relieved by another
member or until dismissed by competent authority.
3-7 MEALS
Swom members may suspend their police duty for a meal period to be taken within their assigned
duty areas, subject to modification by the appropriate supervisor. Meals will be eaten expeditiously
as long as members are available by phone or radio. No more that two (1) patrol units will be out for
meals at the same time.
3-6 REPORTS
Members will submit all reports required within their job assignment, classification/rank or job
description within 24 hours of occurrence. Any reports to be submitted after 24 hours must have
prior approval from the shift supervisor.
3-9 ABSENCE FROM DUTY
Every member who fails to appear for duty at the date, time and place specified without the consent
of competent authority is "absent without leave." Absences without leave must be reported in writing
to the Chief of Police. Absence without leave may result in discipline up to and including discharge.
3-10 PHYSICAL FITNESS FOR DUTY
All sworn members of the department will maintain a level of physical fitness, which allows them to
fulfill their legal responsibilities as police officers.
3-11 LOITERING
All members while on -duty or in uniform will not enter tavems, theaters or other entertainment places
except to perform a police task. Loitering in such locations is forbidden.
3-12 COURTESY
When meeting in public, officers will conform to normal courtesy standards and refer to each other
by rank.
3-13 NATIONAL COLORS AND ANTHEM
Uniformed members will render full military honors to the national colors and anthem at appropriate
times. Members in civilian dress will render proper civilian honors to the national colors and anthem
at appropriate times.
3-14 REPORTING FOR DUTY/TARDINESS
Unless otherwise directed, members will report to their assigned place of work to include, but not be
limited to, briefing, overtime assignments, court activities, and training sessions at the time and
place specified, properly uniformed and equipped. They will give careful attention to orders and
instructions, avoiding unnecessary talking. A member will be considered on -duty at any of the
aforementioned activities.
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GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS
4-9 FIREARMS
Sworn members will never display firearms unnecessarily while in civilian clothes or draw them in
any public place except for official use. Sworn members are required to make a written report of any
discharge of firearms (except routine target practice, sporting events, etc.). This report is to be made
according to current department procedures.
4-10 HAIRSTYLES
At all times while on -duty, unless expressly authorized by the Chief of Police or a designee, all
members of the department will be well-groomed and clean in their person. Male members will
conform to these additional standards of appearance:
Hair will be evenly trimmed at all times while on -duty. Sideburns will not extend below the bottom of
the ear. The maximum width at the bottom of the sideburns will not exceed 1 1/4".
The face must be clean-shaven; however, a mustache is permitted provided it is neatly trimmed and
does not extend beyond the corners of the mouth.
Beards will not be permitted to be worn by sworn members unless authorized by the Chief of Police
or a designee for a particular assignment or operation.
Personnel with a medical condition, which precludes shaving, will be required to present a written
statement, signed by a medical doctor, verifying such condition.
5) DEPARTMENT PROPERTY AND EQUIPMENT
5-1 MAINTENANCE OF DEPARTMENT PROPERTY AND EQUIPMENT
Members will maintain in good condition department property and equipment assigned to them. In
the event town property is found bearing evidence of damage, which has not been reported, it will be
prima facie evidence that the last person using the property or equipment was responsible.
5-2 DAMAGED -INOPERATIVE PROPERTY OR EQUIPMENT
Members will immediately report to their appropriate supervisor by memorandum any loss of, or
damage to, department property assigned to or used by them. The appropriate supervisor will be
notified of any defects or hazardous conditions existing with any department equipment or property.
5-3 CARE OF DEPARTMENT BUILDINGS
Members will not mark, alter, or deface any surface on or within any department building. No
material will be affixed to any wall in department buildings without specific authorization from an
appropriate supervisor.
5-4 NOTICES
Members will not mark, alter, or deface any posted notice of the department. Notices or
announcements will not be posted on bulletin boards without permission of an appropriate
supervisor. (This section does not affect any collective bargaining unit bulletin board.)
5-5 MANUALS MAINTENANCE
All members who are issued manuals are responsible for their care and maintenance and will make
appropriate changes and/or insertions as they occur. Manuals will be inspected annually during the
employee's performance review.
5-6 SURRENDER OF DEPARTMENT PROPERTY
Members are required to surrender all department property and equipment in their possession upon
separation from the department.
5-7 DEPARTMENT PROPERTY- LOSS/DAMAGE - NEGLIGENCE
Members are responsible for department property issued or used by them. Loss or damage of
department property caused by negligence or inattention by any member may result in disciplinary
action against the member.
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GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS
5-8 POSSESSION OF KEYS
No member will have in his or her possession any key not specifically issued to that person. All keys
that are signed out will be signed back in when they are no longer needed (transfer, promotion,
separation from employment, etc)
5-9 DEPARTMENT VEHICLES. USE
Members will not use any department vehicles without the permission of an appropriate supervisor.
Conversely, the use of private vehicles for official purposes is prohibited unless authorized by a
supervisor.
5-10 TRANSPORTING CITIZENS
Citizens will be transported in department vehicles as a Ride -Along participant or when necessary to
accomplish a police purpose only.
6) COMMUNICATIONS -CORRESPONDENCE
6-1 RESTRICTIONS - Members will not:
Use department letterheads for private correspondence;
Enter into official department correspondence with anyone or any agency outside the department,
except when approved by a division commander or the Chief of Police.
6-2 FORWARDING COMMUNICATIONS TO HIGHER COMMANDS
Any member receiving a written communication for transmission to a higher command will in every
case forward such communication. A member receiving a communication from a subordinate
directed to higher command will endorse it indicating approval, disapproval, or acknowledgment.
6-3 DEPARTMENT DOCUMENTS AND ORDERS - CONFIDENTIAL
- Members will consider all department documents and all special orders confidential unless ordered
otherwise.
6-4
Members will not use the department as a mailing address for private purposes except as provided
by Florida State Statutes, nor will the employee or member consistently receive personal visitors or
telephone calls at the police department. Utilization of department telecommunication systems for
non -duty related purposes is prohibited.
6-5 IDENTIFICATION NUMBERS
All members of the department will be issued identification numbers upon being employed.
Identification numbers will be placed on documents prepared by a member in all instances as
required.
6-6 RADIO PROTOCOL
All members of the department operating the police radio, will strictly observe regulations for such
operations as set forth in department directives, Federal Communications Commission Regulations,
and/or F.C.I.C./N.C.I.C. regulations.
7) DEATH AND INJURY NOTIFICATIONS
7-1 DEATH OR SERIOUS INJURY
When a member is killed or seriously injured on or off-duty, the Chief of Police will be notified
immediately. This will be followed by a written report detailing the circumstances.
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GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS
7-2 NON -SERIOUS INJURY
In cases where the member's injuries are not of a serious nature, a written report and required town
reports will be submitted by the injured member or his or her supervisor at the earliest practical time
and the on-call division commander will be notified. —
7-3 NOTIFICATION OF FAMILY
The family of a member seriously injured or dying on -duty will be notified immediately by the Chief of
Police or designee.
8) INVESTIGATIONS, ARRESTS, DETENTIONS, AND OFFICIAL REPORTS
8-1 INVESTIGATIONS
Investigations at the scene of a crime, accident, or other police incident will be conducted in
accordance with current department directives. Reports that are required by the performance of
one's duties must be promptly submitted.
8-2 ARRESTS
Arrests will be made in accordance with current department directives and appropriate state
statutes.
8-3 TRANSPORTATION OF PRISONERS
Transportation of prisoners will be made in accordance with current department directives.
8-4 BOOKING PROCEDURES
Prisoners will be booked in accordance with current department directives.
8-5 IDENTIFICATION AS POLICE OFFICER
Except when impractical or unfeasible, or where the identity is obvious, officers will identify
themselves by displaying the official badge or identification card before taking police action.
8-6 DEPARTMENTAL RECORDS/REPORTS/CITATIONS
Stealing, altering, forgoing, or knowingly falsifying or tampering with any kind of police record, report
or citation is prohibited. The removal of any record, card, report, letter, document, or other official file
from the department, except by process of law or as directed by the Chief of Police or a supervisor,
is prohibited. The obtaining/duplicating or attempting to obtain/duplicate any information from
department files, sources or reports, other than in accordance with one's duties and assignments, is
prohibited.
8-7 PRESS RELATIONS AT CRIME SCENES
Consistent with sound police practice, members in control of a crime scene will supply information
regarding the incident to the working press. Whenever a member feels that release of information is
contrary to sound police practice, he or she will refer the press to his or her immediate supervisor or
the Public Information Officer.
8-8 SECURITY OF DEPARTMENTAL BUSINESS
Members will not divulge police information outside the department, except as required by law or
competent authority. The information includes, but is not limited to, that which is contained in police
records and other information ordinarily accessible only to members. Names of informants,
complainants, witnesses and other persons known to the police are considered confidential.
Any information obtained by any member through any internal process to include, but not be limited
to, recruitment, selection, and/or promotion will be considered confidential and will not be divulged to
anyone without prior written authorization from the Chief of Police.
8-9 USE OF PHYSICAL FORCE
The use of physical force will be restricted to circumstances specified by law when it is necessary to
accomplish a police task. Whenever a sworn member is required to strike or use considerable
physical force against another person, he or she will immediately notify a supervisor after gaining
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control and assuring officer, citizen, and suspect safety. Following the incident, an investigation will
be made and a written report submitted through the chain of command to the Chief of Police or a
designee.
Officers will not use any more force than is necessary to effect their lawful objectives. All prisoners
will be treated with dignity and with regard to their legal rights. Officers will make a complete,
thorough search of all arrested suspects and of the area within their immediate reach or grasp.
Felons, suspected felons, and misdemeanants will be handcuffed for officer safety.
8-10 COMPROMISING CRIMINAL CASES
Members will not engage in any of the following conduct:
Interference with the service of lawful process;
Interference with the attendance or testimony of witnesses through coercion, bribery, or other
means;
Withholding information on criminal activity;
Attempt to have any traffic citation or Notice to Appear reduced, voided, or stricken from the
calendar;
Taking any other action which will interfere with the efficiency or integrity of the administration of
criminal justice. Members having knowledge of such interference will inform a superior officer.
8-11 RECOMMENDING ATTORNEYS & BAIL BOND BROKERS IS PROHIBITED
Members will not suggest, recommend, advise or otherwise counsel the retention of any attorney or
bail bond broker to any person coming to their attention as a result of police business.
8-12 INVESTIGATIVE AND TRAFFIC STOPS
Investigative and traffic stops will be made in accordance with department directives.
8-13 RECOVERED PROPERTY/EVIDENTIARY MATERIAL
Members will turn over to the Evidence Custodian or place in the appropriate area all lost, stolen,
recovered, abandoned or evidentiary material which comes into the possession of a department
member as a result of the performance of police duties. All such material will be turned over prior to
the completion of the tour of duty or as otherwise outlined in current department procedures.
9) PUBLIC ACTIVITIES
9-1 COMMERCIAL TESTIMONIALS
Members will not permit their names or photographs to be used to endorse any product or service,
which is in any way connected with law enforcement in any commercial testimonial, which alludes to
their position or employment with the department without the permission of the Chief of Police.
9-2 PUBLIC APPEARANCE REQUESTS
All requests for public speeches, demonstrations and the like will be routed to the Chief of Police for
approval and processing.
9-3 OUTSIDE EMPLOYMENT
Prior to engaging in any outside business or employment, or volunteer employment, the member will
submit a request for approval, through the Chief of Police, to the Town Manager. The approval of the
Town Manager will be based upon avoiding potential conflicts of interest and protecting the image of
the department and/or avoiding impairment of on -duty performance.
9-4 POLITICAL ACTIVITY
No members will engage in the following political activity:
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GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS
Being an officer in a political party or holding political office during his or her employment;
Being a checker, watcher, or challenger for any political party, faction, or group of candidates. —
Utilization of one's official position with the department for political purposes. Nothing in this section
should be construed to prohibit a member of the department from, as a private citizen, exercising the
right of suffrage, casting a vote or expressing one's opinions privately, being delegates to or
members of a political caucus, or taking part in political canvass.
9-5 SUBVERSIVE ORGANIZATIONS
No member will knowingly become a member of or be connected with any subversive organization,
except when necessary in the performance of duty and then only under the direction of the Chief of
Police.
9-6 PERSONAL PREFERMENT
No member may solicit anyone to intercede with the Chief of Police, Mayor, Commission, Town
Manager or any elected/appointed official in relation to promotions, departmental assignment or
disposition of pending charges or findings in a disciplinary proceeding. Nothing in this section will be
construed to be applicable to licensed attorneys -at -law of the state when representing a member of
the department.
9-7 CONDUCT TOWARD THE PUBLIC
Members will be courteous and orderly in their dealings with the public. They will attend to requests
from the public quickly and accurately. They will perform their duties quietly, avoiding harsh, violent,
profane, abusive, racial, or insolent language and will always remain calm regardless of provocation
to do otherwise. Upon request, they will supply their name and identification number and/or the
name of their supervisor in a courteous manner.
9-8 IMPARTIAL ATTITUDE
All members will display animpartial and professional attitude toward all persons coming to the
attention of the department.
9-9 CARING FOR LOST, HELPLESS, INJURED, OR ILL PERSONS
Members will always be alert to assist lost, helpless, injured, or ill persons. Every sworn member will
maintain a proficiency in first aid techniques.
9-10 AVAILABILITY WHEN ON -DUTY
While on -duty, members will not conceal themselves except for some police purpose. They will be
immediately and readily available to the public during duty hours.
9-11 RESPONDING TO CALLS
Members of the department will respond without delay to all calls for police assistance from citizens
or other members. All calls will be answered as soon as possible consistent with normal safety
precautions and vehicle laws. No member will fail to answer any telephone or radio call directed to
him or her. The dispatch center will be informed by any member when leaving the air and when
returning to a duty status.
10) JUDICIAL AND INVESTIGATIVE ACTIONS. APPEARANCES, & TESTIFYING
10-1 DEPARTMENTAL INVESTIGATIVE ACTIONS
Members are required to truthfully and in a cooperative manner answer questions by, or render
material and relevant statements to, a competent authority in a departmental administrative
investigation when so directed.
10-2 COURT APPEARANCES AND DRESS
The official uniform or business attire will be worn when appearing in court. Members will maintain a
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GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS
neat and clean appearance, avoiding any mannerism, which might imply disrespect to the court.
Members will comply with all rules of the court. Weapons will not be displayed.
10-3 TESTIFYING FOR THE DEFENDANT
Any member subpoenaed to testify for the defense in any trial or hearing, or against the town or
department in any hearing or trial, will notify his or her supervisor upon receipt of the subpoena.
10-4 REFUSAL TO TESTIFY
When appearing as a witness or party before any competent investigative body, a judicial tribunal, a
hearing board, or a person authorized to take testimony, any member who invokes his or her
constitutional privilege and refuses to testify will be subject to departmental review.
10-5 CIVIL ACTION INTERVIEWS
Civil action interviews involving members or employees which arise out of departmental employment
will be conducted in accordance with current departmental directives.
10-6 CIVIL ACTION, COURT APPEARANCES - SUBPOENAS
Members will accept all subpoenas legally served. If the subpoena arises out of departmental
employment, or if the member is informed that he or she is a party to a civil action arising out of
departmental employment, he or she will immediately notify the Chief of Police by memorandum.
Members will not enter into any financial understanding for appearances as witnesses prior to any
trial, except in accordance with current directives. Any member of the department involved in a
lawsuit, either as a plaintiff or defendant, must notify the Chief of Police by memorandum.
10-7 CIVIL DEPOSITION AND AFFIDAVITS
Members will confer with the Chief of Police or designee before giving a deposition or affidavit on a
civil case.
DISCIPLINE
11-1 SERIOUS COMPLAINTS OR ALLEGATIONS
If, in the opinion of the shift supervisor, the incident is of sufficient gravity, the supervisor will
immediately notify the Chief of Police. Immediate action necessary to preserve the integrity of the
department until arrival of the Chief of Police or designee will be taken. Should the matter pertain to
or involve the Chief of Police, the Town Manager will be notified.
11-2 CITIZEN COMPLAINTS AGAINST DEPARTMENT PERSONNEL
Complaints by citizens against members of the department will be recorded and investigated by the
Chief of Police or designee as soon as possible and in accordance with current department
procedures. All investigations of the Chief of Police will be conducted by the Town Manager or
designated agent.
11-3 HARRASSING/UNNECESSARY COMPLAINTS
Making a harassing or unnecessary complaint against a fellow member of the department is
prohibited.
11-4 INVESTIGATION OF ALLEGED MISCONDUCT
The individual assigned the investigation of an alleged act of misconduct on the part of a member of
the department will conduct a thorough and accurate Investigation.
11-5 COOPERATION WITH INTERNAL INVESTIGATIONS
Failure to answer questions, respond to lawful orders or to render material and relevant statements
in an internal administrative investigation when such orders, questions and statements are directly
related to job responsibilities is prohibited.
Nothing in the section will violate one's Federal or State constitutional rights or laws.
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GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS
11-6 REPORTS OF INVESTIGATION OF ALLEGED ACTS OF MISCONDUCT
Alleged acts of misconduct must be investigated and results of the investigation must be concluded
in a written report.
11-7 DEPARTMENT DISCIPLINE
Any member who violates or attempts to violate the law of the United States of America, the State of
Florida, or local ordinances; or who violates or attempts to violate any department rule or regulation,
policy or procedure, general or special order, written or verbal order; or who is incompetent to
perform one's duty is subject to appropriate disciplinary action.
11-8 AUTHORITY TO DISCIPLINE
Final disciplinary authority and responsibility for the department rests with the Chief of Police. Other
supervisory personnel may take the following disciplinary measures:
a. Verbal reprimand, memorandum of counsel, instructional memorandum;
b. Written reprimand;
c. Emergency administrative leave;
d. Written recommendations for other penalties.
11-9 INFORMING THE PERSON BEING DISCIPLINED
The member being disciplined will be informed of the charges at the time such action is taken.
11-10 EMERGENCY ADMINISTRATIVE LEAVE
The following members have the authority to impose emergency administrative leave until the next
business day against a member when it appears that such action is in the best interest of the
department:
a. Chief of Police;
b. Lieutenant
c. The Town Administrator in cases involving the Chief of Police.
11-11 FOLLOW-UP ACTION ON EMERGENCY ADMINISTRATIVE LEAVE
A member receiving an emergency administrative leave will be required to report to the Chief of
Police or a designee on the next business day at 1000 hours unless otherwise directed by the Chief
of Police or a designee.
11-12 REPORTS OF DISCIPLINARY ACTION TAKEN OR RECOMMENDED
Whenever disciplinary action is taken or recommended (except for verbal counseling), a written
memorandum must be submitted immediately containing the following information:
a. The name, rank, I.D. number, and present assignment of the person being disciplined;
b. The date(s) and time(s) of the misconduct and location(s), indicating on or off-duty;
c. The section number(s) of this manual violated or common name of the infraction;
d. A complete statement of the facts of the misconduct;
e. The punishment imposed or recommended;
I. The written signature and position of the preparer.
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GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS
11-13
All investigations of department member's accused of misconduct will conclude with one of the
following findings:
a. Unfounded: The investigation indicates that the act or acts complained of did not occur or failed to
involve police personnel;
b. Exonerated: Acts did occur, but were justified, lawful and proper;
c. Not Sustained: Investigation fails to discover sufficient evidence to clearly prove or disapprove the
allegations made in the complaint;
d. Sustained: The investigation disclosed sufficient evidence to clearly prove the allegations made in
the complaint.
Appropriate disciplinary action, if required, will be recommended by the investigator in accordance
with the Supervisor's Guide to Discipline -Law Enforcement Edition. The report will be forwarded via
the chain of command to the Chief of Police.
11-14 PENALTIES
The following penalties may be assessed against any member of the department as disciplinary
action:
a. Verbal reprimand, memorandum of counsel, instructional memorandum;
b. Written reprimand;
c. Disciplinary probation;
d. Suspension from duty without pay;
e. Dismissal from the service.
arrett J. W rd, Chief otPolice
Original Issue: 10/01/06
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