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23.14.415    CODE OF ETHICS

(1) Regulations governing certification of peace officers requires that the law enforcement code of ethics shall be administered as an oath.

(2) Procedures:

(a) Each application for certification will attest to the law enforcement code of ethics and the oath shall be administered by the head of the law enforcement agency in which he serves, or by an authorized school director.

(b) The applicant and the officer administering the oath will sign two copies of the law enforcement code of ethics.

(c) One copy will be retained by the applicant and the other copy will be retained in the applicant's personnel file which will be available for inspection by the POST advisory council staff at any reasonable time.

(3) The law enforcement code of ethics:

(a) A peace officer acts as an official representative of government who is required and trusted to work within the law. The officer's powers and duties are conferred by statute. The fundamental duties of a peace officer include serving the community, safeguarding lives and property, protecting the innocent, keeping the peace, and ensuring the rights of all to liberty, equality and justice.

(b) A peace officer shall perform all duties impartially, without favor or affection or ill will and without regard to status, sex, race, religion, political belief or aspiration. All citizens will be treated equally with courtesy, consideration and dignity. Officers will never allow personal feelings, animosities or friendships to influence official conduct. Laws will be enforced appropriately and courteously and, in carrying out their responsibilities, officers will strive to obtain maximum cooperation from the public. They will conduct themselves in appearance and deportment in such a manner as to inspire confidence and respect for the position of public trust they hold.

(c) A peace officer will use responsibly the discretion vested in the position and exercise it within the law. The principle of reasonableness will guide the officer's determinations and the officer will consider all surrounding circumstances in determining whether any legal action shall be taken. Consistent and wise use of discretion, based on professional policing competence, will do much to preserve good relationships and retain the confidence of the public. There can be difficulty in choosing between conflicting courses of action. It is important to remember that a timely word of advice rather than arrest - which may be correct in appropriate circumstances - can be a more effective means of achieving a desired end.

(d) A peace officer will never employ unnecessary force or violence and will use only such force in the discharge of duty as is reasonable in all circumstances. Force should be used only with the greatest restraint and only after discussion, negotiation and persuasion have been found to be inappropriate or ineffective. While the use of force is occasionally unavoidable, every peace officer will refrain from applying the unnecessary infliction of pain or suffering and will never engage in cruel, degrading, or inhuman treatment of any person.

(e) Whatever a peace officer sees, hears, or learns of, which is of a confidential nature, will be kept secret unless the performance of duty or legal provision requires otherwise. Members of the public have a right to security and privacy, and information obtained about them must not be improperly divulged.

(f) A peace officer will not engage in acts of corruption or bribery, nor will an officer condone such acts by other peace officers. The public demands that the integrity of peace officers be above reproach. Peace officers must avoid any conduct that might compromise integrity and thus undercut the public confidence in a law enforcement agency. Officers will refuse to accept any gifts, presents, subscriptions, favors, gratuities, or promises that could be interpreted as seeking to cause the officer to refrain from performing official responsibilities honestly and within the law. Peace officers must not receive private or special advantage from their official status. Respect from the public cannot be bought; it can only be earned and cultivated.

(g) Peace officers will cooperate with all legally authorized agencies and their representatives in the pursuit of justice. An officer or agency may be one among many organizations that may provide law enforcement services to a jurisdiction. It is imperative that a peace officer assist colleagues fully and completely with respect and consideration at all times.

(h) Peace officers will be responsible for their own standard of professional performance and will take every reasonable opportunity to enhance and improve their level of knowledge and competence. Through study and experience, a peace officer can acquire the high level of knowledge and competence that is essential for the efficient and effective performance of duty. The acquisition of knowledge is a never-ending process of personal and professional development that should be pursued constantly.

(i) Peace officers will behave in a manner that does not bring discredit to their agencies or themselves. A peace officer's character and conduct while off duty must always be exemplary, maintaining a position of respect in the community in which he or she lives and serves. The officer's personal behavior must be beyond reproach.

History: Sec. 44-4-301 MCA; IMP, Sec. 44-4-301 MCA; NEW, Eff. 12/5/73; AMD, 1994 MAR p. 1449, Eff. 5/27/94.

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