01/16/13 Board of Public Safety Minutes

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REGULAR MEETING JANUARY 16, 2013 by order of a superior officer, nor shall they interfere with the operation of any division, bureau or unit. COUNT III For his actions, on or about October 8, 2012, of making derogatory remarks against a Lieutenant of the South Bend Police Department and the South Bend Police Department in general that involved accusations of racism and allegations of a cover -up to the employees of the 7 -11 Patrolman Robert acted in a manner which reflects unfavorably upon him and upon the South Bend Police Department. As such, Patrolman Robert's actions are a violation of rules and conduct unbecoming of an officer in violation of I.C. 36- 8- 3- 4(b)(2)(B) and (H) and the South Bend Police Department Duty Manual, Section 302.00 Rules of Conduct (A) subsections (2) and (4 1) entitled, which state: A. Officers 2. Shall conduct themselves on and off duty in such a manner as to reflect most favorably on the Department. A member is further charged with the duty to conduct himself/herself at all times in keeping with the Law Enforcement Code of Ethics and the policy statements of the Police Department. Any activity contrary to this concept, may subject an officer to disciplinary action. 41. Shall not publicly criticize or ridicule the Department, its policies, or officers by speech, writing or expression in any other manner when such speech, writing, or other expression is defamatory, obscene, unlawful, or made with reckless disregard for its truth or falsity. COUNT IV For his actions, on or about, October 11, 2012, of using his official position as a South Bend Police Officer (including identification thereof) to obtain information, evidence and /or conduct an unauthorized investigation, Patrolman Robert acted in a manner which reflects unfavorably upon him and upon the South Bend Police Department. As such, Patrolman Robert's actions are a violation of rules and conduct unbecoming of an officer in violation of I.C. 36- 8- 3- 4(b)(2)(B) and (H) and the South Bend Police Department Duty Manual, Section 302.00 Rules of Conduct (A) subsections (2) and (18) entitled, which state: A. Officers Shall conduct themselves on and off duty in such a manner as to reflect most favorably on the Department. A member is further charged with the duty to conduct himself/herself at all times in keeping with the Law Enforcement Code of Ethics and the policy statements of the Police Department. Any activity contrary to this concept, may subject an officer to disciplinary action. 18. Shall not use their official position or official identification or badge for personal or financial gain, for obtaining privileges not otherwise available to them except in the performance of their duties, or for avoiding consequences of illegal acts. Officers shall not lend another person their identification or badge or permit them to be photographed in conjunction with their official title in connection with testimonials, advertisements or any commodity or commercial enterprise without the approval of the Chief of Police. COUNT V For his actions, on or about October 11, 2012 of using his official position as a South Bend Police Officer (including identification thereof) to obtain information, evidence and /or conduct an unauthorized investigation into multiple incidents that Patrolman Robert knew and/or was on notice of were being investigated by another South Bend Police Department Officer, Patrolman Robert acted in a manner which reflects unfavorably upon him and upon the South Bend Police Department. As such, Patrolman Robert's actions are a violation of rules and conduct unbecoming of an officer in