Chattanooga Police Department - Policy Manual

ADM-16 – CODE OF CONDUCT

Amends/Supersedes: ADM-16 (2/17/2020) Reviewed: Annually/April Date of Issue: 06/08/2020
CALEA 22.1.8, 26.1.1 (6th Ed.)

PURPOSE

The purpose of this general order is to make employees aware of the actions and attitudes expected of them.

I. POLICY [26.1.1]

A. All employees—whether on or off duty—shall be governed by reasonable rules of good conduct and
behavior and shall not commit any wrongful, malicious, or criminal act which may bring reproach or
discredit upon themselves, their fellow employees, the Chattanooga Police Department, or the City of
Chattanooga.

B. Employees shall at all times take appropriate action in accordance with Department policies and procedures
in regard to the protection of life and property, preservation of peace, prevention of crime, detection and
arrest of violators of the law, and enforcement of laws within the jurisdiction of the Chattanooga Police
Department.

C. Each department member has the individual responsibility to intervene and stop any other member from
committing an unlawful or improper act, including but not limited to, acts of brutality, abuses of process,
abuses of authority, and any other criminal acts or major violations of department rules and procedures.
Successful intervention does not negate a duty to report.

D. Allegations of Class I Conduct shall be investigated by the Internal Affairs Unit in accordance with PER-06
and ADM-01. The Office of Internal Affairs, and the officer’s chain of command, shall be notified by any
supervisor who becomes aware of an officer’s alleged violation of a Class I Conduct Offense as soon as
practical.

E. Allegations of Class II Conduct shall be investigated by the Chain of Command in accordance with PER-
06, however the Chief of Police reserves the right to assign an investigation to the Internal Affairs Unit
when circumstances make investigation by the Chain of Command impractical or unreasonable, based on
existing circumstances.

F. Social Media offenses shall be categorized according to the corresponding Code of Conduct violation
which most closely matches the content associated with the infraction.

Examples include the following:

 Discourtesy - when non-protected inappropriate language is directed toward a member of the

public,
 Unsatisfactory Conduct - when non-protected social media content detracts from a productive
workplace environment
 Unbecoming Conduct - when non-protected social media content brings the Department into
disrepute and Insubordination.
 Insubordination Level 2 –when non-protected social media content flouts the authority of someone
in the department, resulting in potential loss of department efficiency or function

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II. CLASS I CONDUCT
Category B

1. Political Activity- Every employee is encouraged to exercise the right to vote in all elections. However,
Chattanooga Police Department employees shall not:

A. Engage in political activities while on duty or in uniform.

B. Be required to vote as a duty of office or as a condition for employment, promotion, or tenure of office.

C. Be required to contribute funds for political or partisan purposes.

D. Use any department supplies or equipment for any campaign for political or partisan elected office.

2. Extra Employment Violation- Any violation(s) of the procedures, requirements and/or restrictions
established by ADM-06 Extra Employment

3. Firearms Violation- Any violation(s) of the procedures, requirements and/or restrictions established by
OPS-13 Firearms Regulations. Loss, theft, or abuse of firearms shall be categorized as Abuse or Loss of
Equipment, as further defined in this policy.

Category E

4. Use of force violation/No injury/improper application- Use of force which falls outside of policy
ADM-05 and does not result in injury to the suspect.

5. Treatment of Prisoners- Prisoners and suspects shall be treated in a fair and humane manner. Prisoners
and suspects shall not be treated in a manner which intentionally causes humiliation, ridicule or
embarrassment. Officers have an obligation to provide all prisoners with a reasonable level of protection
while in Police custody.

6. Missing Property/Evidence- Any violation(s) of the property/evidence procedures, requirements and/or

restrictions established by ADM-30 and/or OPS-17 which results in loss of property/evidence

7. Ethics Violation- Any violation(s) of the procedures, requirements and/or restrictions established by
ADM-15 Ethics.

8. Abuse of Authority- The use of the authority to conduct an action which is beyond the scope of
responsibility of the person’s position, which results in personal gain/loss to someone whom it should
not reasonably apply.

9. Firearms Discharge Level 1- An unintentional discharge of firearm that is not justified/authorized or

administrative in nature.

10. Abuse of Process- The use of a legal process to accomplish an unlawful purpose; causing a summons,
writ, warrant, mandate, or any other process to issue from a court in order to accomplish some purpose
not intended by the law.

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 Category F

11. Insubordination (Level 1) - The failure or deliberate refusal of any employee to obey a lawful order
given by a supervisor

12. Submitting False Reports- Written submitted by employees shall be truthful and complete, and no
employee shall knowingly enter or cause to be entered inaccurate, false, misleading or improper
information, or submit reports containing material omissions.

13. Alcohol Offense-1. Employees shall not consume intoxicating beverages while in uniform or on duty
unless authorized by their supervisor to do so in the conduct of official duties. 2. Employees shall not
appear for duty or be on duty while under the influence of intoxicants to any degree whatsoever or with
an odor of intoxicants on their breath, the above exception withstanding.

Category G

14. Biased Policing - The selection of individuals based solely on a common trait of a group to include, but
not limited to race, ethnic background, gender, sexual orientation, religion, economic status, age, or
cultural group.

15. Unbecoming Conduct-

A. Employees shall conduct themselves at all times—both on and off duty—in such a manner as to
reflect favorably on the Department. Conduct unbecoming a public employee includes conduct that
is unlawful and/or brings the Department into disrepute, reflects discredit upon the employee as a
member of the Department, or impairs the operation or efficiency of the Department or officer.

B. Unbecoming conduct may include violations of law even when no charges are brought forth by an
agency having jurisdiction. This may include harassment, sexual misconduct or abusive conduct as
reflected in PER-05 or defined by the City of Chattanooga Employee Information Guide, depending
on the severity of the conduct. Any sustained allegations involving harassment or sexual
misconduct will be considered an aggravating factor in determining the level of discipline.

C. Unbecoming conduct also includes failing to intervene to stop any other department member from
committing an unlawful or improper act, including but not limited to, acts of brutality, abuses of
process, abuses of authority, and any other criminal acts or major violations of department rules and
procedures. Successful intervention does not negate a duty to report.

16. Firearm Discharge Level 2 - A discharge of firearm that is not justified/authorized or administrative in
nature and committed with the intent of discharging the firearm in a manner that is reckless and/or
negligent.
15. False Arrest- An arrest which is not supported by probable cause or justified by standards set forth in the
Tennessee Code Annotated.

16. Discrimination- Treatment or consideration of, or making a distinction in favor of or against, a person
or thing based on the group, class, or category to which that person or thing belongs rather than on
individual merit. [1.2.9a]

17. Criminal offenses /Misdemeanor/Class B and Lower- Employees shall act in accordance with the laws
of the State of Tennessee and the United States of America.

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 18. Cooperation during Internal Investigation- Employees shall answer questions, submit written
statements and requested related documents, and participate in recorded interviews during internal
investigations related to the employee's duties or fitness for duty. Failure to answer such questions and
cooperate with the investigation may form the basis for disciplinary action and may result in dismissal
from the department. The intentional misrepresentation of a material fact during an internal
investigation may result in the dismissal of the employee from the Department.

Category H

19. Use of Force Violation- Injury/deadly force- Use of force which falls outside of policy ADM-05 and
results in injury to the suspect.

20. Untruthfulness- Any answer, response, or piece of material evidence which is determined to be false or
fabricated.

21. Criminal offenses/Felony/Class A Misdemeanor- Employees shall act in accordance with the laws of
the State of Tennessee and the United States of America

22. Substance Violation- No employee shall possess or use any illicit drug either on or off duty. The
possession and use of controlled substances shall be under the direction of a licensed physician.

III. CLASS II CONDUCT

Category A

1. Reporting Change of Address and/or Telephone Number-Each employee shall keep the department
informed of his or her correct address and telephone number. Any change of address or telephone number
shall be reported by email within 72 hours after such change to the employee’s immediate supervisor, and
cc the Chief’s Office and Finance Department.

2. Uniform Violation- Any violation(s) of the procedures, requirements and/or restrictions established by
PER-03 Personal Appearance and Uniforms

3. Vehicle Use Violation- Any violation(s) of the procedures, requirements and/or restrictions established by
OPS-01 Operation of Police Vehicles

4. Respect between Ranks- Employees shall treat all members of the Department, regardless of rank or
position, with due courtesy

5. Abuse of Leave Privileges- Any violation(s) of the procedures, requirements and/or restrictions established
by ADM-22 Compensation and Benefits

6. Ride along Violation- any violation(s) of the procedures, requirements and/or restrictions established by
ADM-35.
Category B

7. Discourtesy- Department employees shall treat all members of the public with due courtesy and respect.
When requested to do so, an officer shall give his or her name and badge number in a respectful, courteous
manner. When requested to do so, a civilian employee shall give his or her name in a respectful, courteous

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 manner. Any employee, when requested, shall display his/her official department identification in a
respectful and courteous manner. [22.1.8a, b]

8. Unauthorized Use of Department Equipment- Employees shall utilize Department equipment and
property only for its intended purpose in accordance with established Department procedures.

9. Police Service off Duty- While off duty and within Hamilton County, Tennessee, an appropriately
equipped officer shall perform appropriate and necessary police service whenever or wherever the officer is
aware of a misdemeanor that poses an immediate threat to the safety of a citizen or a felony. An off-duty
officer who is not appropriately equipped to respond to such a misdemeanor or felony in Hamilton County
shall contact the appropriate law enforcement agency to respond. An off-duty officer who responds to a
criminal act shall, as soon as practicable, display his or her badge or other law enforcement identification
and shall, as soon as practicable, verbally identify himself or herself as a police officer. Any off-duty out-
of-uniform officer who responds to a criminal act shall exercise extreme caution to ensure that on-duty law
enforcement officers responding to the scene are aware that the off-duty officer is in fact a police officer,
and any such off-duty officer shall follow any commands of an on-duty responding officer. If an off-duty
officer becomes aware of an offense for which there is no urgent or immediate need for police action or
service, the officer shall refer the matter to the appropriate law enforcement agency. Nothing in this
paragraph shall authorize an officer to make a traffic stop in a personal vehicle. Nothing in this paragraph
shall be construed to require an officer to place any family member or other person with an officer at risk of
injury, and in the event an off-duty officer witnesses a criminal act within Hamilton County such officer
shall first take reasonable precautionary steps to protect any persons with the officer prior to responding to
the criminal act. An off-duty officer who responds to a criminal act outside Hamilton County shall be
considered as acting in the capacity of a private citizen, and any injury suffered as a result of such response
shall not be considered as job-related pursuant to Chattanooga City Policy. See also ADM-25, Police
Authority and Discretion, governing required responses by an officer while traveling to or from work. See
also OPS-1, governing required responses by an off-duty officer who is operating a Department Vehicle.
The provisions of this paragraph do not apply to an officer who is on duty outside Hamilton County in the
course of his or her duties with the Department.

10. Abuse or Loss of Equipment- Employees shall not intentionally or negligently abuse, deface, alter,
damage or through such actions cause the loss of any department equipment or property, or any other
equipment or property to which they are entrusted during the course of their duties. Lost, stolen, or
damaged equipment shall be reported to the appropriate supervisor as soon as possible. The affected
employee will submit an Exceptional Occurrence Form through Blue Team. It shall be the responsibility of
the supervisor to periodically check the equipment used by the employee.

11. Responding to Calls- Officers shall respond without delay to all calls within Chattanooga Police Department
jurisdiction for police assistance from citizens. Emergency calls take precedence; however, all calls shall be
answered as soon as possible consistent with established priorities, normal safety precautions, and vehicle
laws. Failure to answer promptly a call for emergency assistance, without justification, constitutes
misconduct on the part of the employee(s) involved. The immediate patrol supervisor shall promptly resolve
disputes concerning the assignment of calls for service.

12. Gifts and Favor- An employee shall refuse gifts, favors, or gratuities, large or small, which may be
interpreted as capable of influencing the employee’s judgment in the discharge of the employee’s duties.

13. Public Ridicule or Criticism of the Department- Employees shall not publicly criticize or ridicule the
Chattanooga Police Department, its policies, or other employees, by speech, writing, or other expression,
where such speech, writing, or other expression is unlawful or is made with reckless disregard for truth or
falsity (This may include public social media communication.)

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14. Submitting department reports- Each officer shall submit all reports initiated during the officer’s tour of
duty by the end of such tour of duty or assignment, unless authorized by the officer’s supervisor to submit
the report(s) at a later time.

15. Public Statements and Appearances- Any violation(s) of the procedures, requirements and/or restrictions
established by ADM-13 Communications Office

16. Traffic law violation- Employees shall obey all laws of the United States and of any state and legal
jurisdiction in which they are present.

17. Identification before Taking Police Action- Except when impractical or unfeasible or where the identity
is obvious, an officer shall identify himself or herself by displaying his or her badge or identification folder
before taking police action.

18. Knowledge of Laws and Regulations- Employees shall establish and maintain a working knowledge of all
pertinent laws and ordinances, as well as Department policies, procedures, rules, and regulations.

19. Reporting Violations of Rules and Orders- An employee shall report to the employee’s immediate
supervisor any violation of the rules or orders of the Chattanooga Police Department by any other
employee. If the violation is committed by the employee’s immediate supervisor, the employee shall report
such violation to the Chief of Police, the Deputy Chief, the appropriate Assistant Chief, or the Commander
of the Office of Internal Affairs.

20. Unsatisfactory Performance- Employees shall maintain sufficient competency to properly perform their
duties and assume the responsibilities of their positions. Employees shall perform their duties in a manner
that shall maintain the highest standards of efficiency and effectiveness in carrying out the functions and
objectives of the Department. Unsatisfactory performance may be demonstrated by the following:

A. Unwillingness or inability to perform assigned tasks.

B. The failure to conform to work standards established for the employee's rank, grade, or position.

C. The failure to take appropriate action on the occasion of a crime, disorder, or other conditions
requiring police attention.

D. Repeated infractions of rules, regulations, directives, or orders of the Department.

Category C

21. Associations- Employees shall avoid associations or dealings with persons whom they know are under
criminal investigation or criminal indictment or who have a reputation in the community or the Department
for present involvement in felonious or criminal behavior, except as necessary to the performance of official
duties or where unavoidable because of other personal relationships of the employee.

22. Reporting for Duty-

a. Employees shall report for duty at the time and place designated by assignment and shall be physically
and mentally fit to perform their duties. Employees shall be properly equipped, dressed in the
appropriate uniform or attire of the day, and prepared for the proper performance of duty.

b. Any time an employee is determined to be late for duty as prescribed, the said employee shall be
considered tardy. The employee’s immediate supervisor may appropriately document the tardiness
and issue the employee an oral reprimand and/or other appropriate disciplinary action as determined by
the supervisor.

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23. Emergency Duty Response-

a. Police personnel are “essential employees” and are subject to call-out when off-duty. In order to
comply with call-out requests, an employee must maintain an accessible current phone number listing
with his or her immediate supervisor and the Communications Center. Off-duty personnel shall report
for duty promptly or in compliance with the directive given them upon the receipt of notification that
an emergency situation exists. Employees not on call-out status who cannot be contacted shall not be
subject to disciplinary action. If an employee is not on call-out status, is contacted, and is deemed to
be unfit for duty, the employee shall not be required to report and shall not be subject to disciplinary
action.

b. Personnel who receive a cell phone stipend for cell phone services or are issued city owned cell
telephones, and elect to use that telephone as their contact number, shall maintain the cell phone in an
active condition to ensure their ability to receive calls for service.

24. Security of Official Identification- No employee shall lend to any person the employee’s identification
card or badge or permit the employee’s identification card or badge to be photographed or reproduced
without the approval of the Chief of Police. No employee may use or authorize the use of the employee’s
name, photograph, or official title that identify him or her as a Chattanooga Police Department employee in
connection with testimonials or advertisements of any commodity or commercial enterprises unless
authorized in writing by the Chief of Police.

25. Improper procedure- Procedural actions that fall outside the parameters set forth by present policy and legal
guidelines.

26. Officers' Conduct during Interrogations- An officer shall not question suspects in a manner that would
tend to unlawfully compel a confession. An officer shall not use the threat of physical force or violence, nor
shall an officer make any promise of immunity, probation, or lesser degree of prosecution or hold any other
inducement to an individual for the purpose of obtaining a confession.

27. Failure to appear in court- Officers are required to appear in court to testify when properly notified, and
comply with City and Hamilton County Court procedures.

28. Evidence/property procedure- Any violation(s) of the procedures established by ADM-30 and/or Ops-17

29. Supervisory Responsibility- Any violation(s) of the procedures, requirements and/or restrictions established
by ADM-14 Supervisory Responsibility

Category D

30. Insubordination (Level 2)- Flouting the authority of the supervisor by disrespect or by disputing lawful
orders as well as disrespectful, insolent, or abusive language or conduct toward a supervisor is also
insubordination.

31. Dissemination of Information- Employees shall treat the official business of the Department as
confidential. Information regarding official business shall be disseminated only to those for whom it is
intended, in accordance with established Department procedures. Employees may remove or copy official
records or reports from a police installation only in accordance with state law and with established
Department procedures. Employees shall not divulge the identity of persons giving confidential
information except as authorized by proper authority.

32. Improper investigation- Investigation or techniques that fall outside policies or legal guidelines.

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33. Improper search- Any violation(s) of the procedures, requirements and/or restrictions established by OPS-
08 Personal Searches.

34. Assistance to Other Officers- Officers shall take proper and effective police action and shall aid and
protect a fellow officer(s) in time of danger or under circumstances where danger might reasonably be
impending. Any assistance needed outside the Chattanooga Police Department jurisdiction shall first be
cleared by a supervisor or by the communications unit, provided that an officer may assist a law
enforcement officer outside the Chattanooga City limits without having prior approval if the situation is an
emergency involving a threat to the safety of citizen or law enforcement officer; such assistance shall be
reported as soon as practicable to the officer’s supervisor and/or the communications unit. See also ADM-
25 Police Authority and Discretion, Section III, B, D, governing required responses by an officer while
traveling to or from work. See also OPS-1, governing required responses by an off-duty officer who is
operating a Department Vehicle.

35. Work actions- No employee may engage in any strike. “Strike” includes the concerted failure to report for
duty, willful absence from one’s position, unauthorized holidays, the stoppage of work or the abstinence in
whole or in part from the full, faithful, and proper performance of the duties of employment for the
purposes of inducing, influencing, or coercing a change in conditions, compensation, rights, privileges, or
obligations of employment.

36. Unauthorized Employee Recordings- An employee may only record, by audio or video means, another
employee without that employee’s consent, if and only if, there is a suspected policy violation or criminal
activity, or if the recording employee is equipped with a Body Worn Camera system (or ICVARS) and is in
the act of conducting Police related operations. Consent must be obtained, written or recorded, for all other
recordings. This section does not include audio or video recordings made in the conduct of an official
investigation, undercover operations or Internal Affairs investigations. If consent is not obtained for
recordings, other than the specified exceptions, no recordings may be made.

37. Negligence- A willful and intentional failure to perform, a required duty shall be deemed neglect of duty.

38. Misrepresentation- A misstatement, or an incomplete statement, of a material fact which results in the
misunderstanding of what actually transpired but does not rise to a level classified in this policy as
Untruthfulness. This may generally apply to information and matters internal to the department.

39. Unsatisfactory Conduct- Intentional behavior that detracts from a productive workplace environment but
does not rise to the level of Unbecoming Conduct. This may include workplace harassment or abusive
conduct as defined by the City of Chattanooga Employee Information Guide, depending on the severity of
the conduct.

40. Harassment- An abuse of an officer’s authority by continually or arbitrarily stopping someone,

aggressively questioning him or her, or by conducting an unwarranted or illegal search and seizure.

41. Pursuit Violation- Any violation(s) of the procedures, requirements and/or restrictions established by
OPS-02 Vehicle Pursuits

42. Attorney/Bail Bondsman Services/Wrecker -

An employee shall not suggest, recommend, advise, or otherwise counsel concerning the retention of an
attorney or bail bondsman (by name, firm, etc.) to any person coming to the employee’s attention as a result
of police business. This prohibition does not apply when a relative or coworker of the employee seeks such
service or advice.

Officers are prohibited from “bounty hunting” either on or off duty. No officer shall accept compensation
of any kind from a bonding company or representative for serving warrants or assisting with arrests.

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 Officers shall not go to or initiate contact with a bonding company or a representative of a bonding
company for the purpose of picking up warrants to be served.

These restrictions shall not apply to an officer who is dispatched to arrest or assist in the apprehension of a
bond jumper, except that the officer shall not accept any form of compensation. If an officer is approached
by a bonding company representative during the performance of his or her regular duties, the officer must
notify the dispatcher before assisting with an apprehension and shall not accept any form of compensation
for performing any duty related to the apprehension

IV. RECOMMENDATION OF DISCIPLINARY ACTION

Disciplinary action shall follow the process established in PER-06 Disciplinary Procedures.