Hello SAPD Members / ARPD Command
I come to you today with a proposition for a new system in regards to the way the SAPD is handled. I wish to bring forth the idea of a Police Services Board alongside new regulations and rights for all members of the SAPD. Please find below my document which I have been developing for many weeks now. Many of these new ideas / regulations are intended to enforce pre-existing regulations. The idea for this was drawn from the Police Standards that my own department uses and I looked through the handbook for regulation that would work in our virtual setting. Please provide opinion as to how this can be edited.
A copy has been privately forwarded to SAPD and ARPD command. This took a while to put together so I hope you find it interesting.
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Argonath Police Standards Act
June 1st, 2012
Purpose
To clearly outline the conduct in which police services and their staff operate in the State of San Andreas, and to clearly mark the inter department duties, rights and freedoms of Law Enforcement Staff, The Police Services Review Board, and all other related organisations and persons within the San Andreas Police Department.
Contents
Part I - Responsibilities of Police Services
Part II - Police Officer and Other Police Staff
Part III - Complaints and Disciplinary Proceedings
Part IV - The Police Service Board
Part I - Responsibilities of Police Services
Police Services
(1) Every department to which this subsection applies shall provide adequate and effective police services in accordance with its needs.
Core Police Services
(2) Adequate and effective police services must include, at a minimum, all of the following police services:
1. Crime prevention.
2. Law enforcement.
3. Assistance to victims of crime.
4. Public order maintenance.
5. Emergency response.
Infrastructure for Police Services
(3) In providing adequate and effective police services, a department shall be responsible for providing all the infrastructure and administration necessary for providing such services, including vehicles, boats, equipment, communication devices, buildings and supplies.
Part II - Police Officer and Other Police Staff
Duties of Chief of Police
(1) The duties of a chief of police include,
(a) Administering the police force and overseeing its operation in accordance with the objectives, priorities and policies established by the police service board
(b) ensuring that members of the police force carry out their duties in accordance with this Act and the regulations and in a manner that reflects the needs of the community, and that discipline is maintained in the police force
(c) ensuring that the police force provides community-oriented police services
(d) administering the complaints system
Power to disclose personal information
(1.1) Despite any other Act, a chief of police, or a person designated by him or her for the purpose of this subsection, may disclose personal information about an individual in accordance with the regulations below
Purpose of disclosure
(1.2) Any disclosure made under subsection (1.1) shall be for one or more of the following purposes:
1. Protection of the public.
2. Protection of victims of crime.
3. Keeping victims of crime informed of the law enforcement, judicial or correctional processes relevant to the crime that affected them.
4. Law enforcement.
5. Correctional purposes.
6. Administration of justice.
7. Enforcement of and compliance with any federal or state Act, regulation or government program.
Duties of Police Officer
(1) The duties of a police officer include,
(a) preserving the peace
(b) preventing crimes and other offences and providing assistance and encouragement to other persons in their prevention
(c) assisting victims of crime
(d) apprehending criminals and other offenders and others who may lawfully be taken into custody
(e) laying charges and participating in prosecutions
(f) executing warrants that are to be executed by police officers and performing related duties
(g) performing the lawful duties that the chief of police assigns
(h) completing the assigned training
Time for Completing Initial Training
(1) A Police Officer shall not be subject to initial cadet training lasting longer then 5 Months. All academy trainings must be completed in an efficient time frame that does not impose time restrictions on active officers.
Restrictions on secondary activities
(1) A member of a police force shall not engage in any activity,
(a) that interferes with or influences adversely the performance of his or her duties as a member of a police force, or is likely to do so
(b) that places him or her in a position of conflict of interest, or is likely to do so
(c) that would otherwise constitute full-time employment for another person or
(d) in which he or she has an advantage derived from being a member of a police force.[/size]
Part III - Complaints and Disciplinary Proceedings
Publicly available
(1) Procedural rules established by the Police Services Board shall be in writing and shall be made available to the public in a readily accessible manner.
Limitation, 2 Months
(1) The Police Service Board may decide not to deal with a complaint made by a member of the public if the complaint is made more than 2 months after the facts on which it is based occurred.
Complaints by Captain +
A Captain + of police may make a complaint under this section about the conduct of a police officer employed by his or her police force, and shall cause the complaint to be investigated and the investigation to be reported on in a written report by the Police Service Board
Complaint Offences
(1) No person shall harass, coerce or intimidate, or attempt to harass, coerce or intimidate, any other person in relation to a complaint that is made under this Part.
(2) No person shall intentionally hinder or obstruct or attempt to hinder or obstruct the Police Services Board or an investigator appointed by the Police Services Board in the performance of his or her duties under this Act, or furnish him or her with false information.
Off-duty conduct
(2) A police officer shall not be found guilty of misconduct if there is no connection between the conduct and either the occupational requirements for a police officer or the reputation of the police force
Disciplinary Action
Notice needed
(1) The chief of police or board, as the case may be, shall not impose the penalties of dismissal or demotion
(2) unless the notice of hearing or a subsequent notice served on the chief of police, deputy chief of police or other police officer indicated that they might be imposed if the complaint were proved on clear and convincing evidence.
Notice of decision
(1) The chief of police or board, as the case may be, shall promptly give written notice of any penalty imposed or action taken
(a) to the chief of police, deputy chief of police or other police officer who is the subject of the complaint;
(b) in the case of a penalty imposed or action taken by a captain +, to the board; and
(c) in the case of a penalty imposed or action taken in respect of a complaint made by a member of the public, to the complainant.
Restriction on employment
(1) No person who is dismissed, or who resigns following a direction of punishment, may be employed as a member of a police force unless 2 months have passed since the dismissal or resignation.
Decisions to be publicly available
(1) The chief of police shall ensure that every decision made after a hearing regarding misconduct is made available to the public in the manner that he or she considers appropriate in the circumstances, and shall give a copy of every such decision to the Police Service Board
Powers at conclusion of hearing by chief of police, police services board
(1) the chief of police, police services board may,
(a) dismiss the police officer from the police force;
(b) direct that the police officer be dismissed in seven days unless he or she resigns before that time;
(c) demote the police officer, specifying the manner and period of the demotion;
(d) suspend the police officer for a period not exceeding 30 days or 240 hours, as the case may be;
Suspension
(1) If a police officer, other than a chief of police or deputy chief of police, is suspected of or charged with an offence under a law of Argonath or of a state or is suspected of misconduct, the chief of police may suspend him or her from duty
(2) If a chief of police or deputy chief of police is suspected of or charged with an offence under a law of Argonath or of a state or is suspected of misconduct, the board may suspend him or her from duty.
Resignation of police officer
(1) If at any time after a complaint about the conduct of a police officer is made under this Part and before the complaint is finally disposed of the police officer resigns, no further action shall be taken under this Part in respect of the complaint after the date of resignation.
Dispute Process
Appeal to Board
(1) A police officer or complainant, if any, may, within 30 days of receiving notice of the decision , appeal the decision to the police Service Board by serving on the Board a written notice stating the grounds on which the appeal is based.
Board to hold hearing
(1) The Board shall hold a hearing upon receiving a notice from a police officer.
Board may hold a hearing
(1) The board may hold a hearing, if it considers it appropriate, upon receiving the final decision of punishment, if said punishment is considered to be unjust.
Powers of Board
(1) After holding a hearing on an appeal, the Commission may,
(a) confirm, vary or revoke the decision being appealed;
(b) substitute its own decision for that of the chief of police or the board, as the case may be;
(c) order a new hearing before the board
Part IV - The Police Service Board
Responsibilities of the board
(1) the board is responsible for the provision of adequate and effective police services in the state and shall,
(a) generally determine, after consultation with the chief of police, objectives and priorities with respect to police services in the municipality;
(b) establish policies for the effective management of the police force
(c) recruit and appoint the chief of police and any deputy chief of police, and annually determine their remuneration and working conditions, taking their submissions into account
(d) direct the chief of police and monitor his or her performance
(e) establish policies respecting the disclosure by chiefs of police of personal information about individuals
(f) receive regular reports from the chief of police on disclosures and decisions made
(g) establish guidelines for dealing with complaints
(h) review the chief of police’s administration of the complaints system
(i) respond to complaints and punishments on members of the police force
(j) review disputes submitted in regards to penalties and punishments on officers within the force
Members of the Board
(1)The Police Services Board is to be organized of six permanent members including
(a) The current ARPD commisioner
(b) five selected members of the police service whos ranks are no lower then Officer and no higher than Senior Officer
(2) Selected members of the board must
(a) remove any association with a specific police department
(b) maintain activity both in normal duty work and board work
(c) understand that their service within the board prevents them from promotion of higher then senior officer during theur service with the board.
Last Updated, June 6th, 2012