(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.