REAR GUARD
Off-Duty Conduct Drawing the line on conduct unbecoming
By Steve Albrecht I Guest Editorial I
t’s a free country and we have the right to do whatever we want when not work- ing, right? Thanks to freedoms given to us under the Constitution, we can say or post whatever we want about our depart- ment, bosses, co-workers, elected officials; talk about politics or religion at work; work off-duty anywhere we want; and belong to any group or association that will have us, right? Not so fast when it comes to law en- forcement officers. Police offi cers occupy a diff erent position when it comes to their public behavior ver- sus their private behavior. T e phrase, “We hold them to a higher standard” comes into play, as does the concept, “Conduct Un- becoming of an Offi cer” (CUBO). T ese two can be hard to defi ne, especially if your policies don’t specifi cally spell out what is allowed and not allowed, on and off duty. Cops have every right to a personal life, to express their own beliefs and opinions, and even make money on the side, with certain exceptions.
Off-duty conduct can be a slippery slope of misunderstood perceptions and expectations. While most cops tend to be black and white, right-wrong, do/not- do thinkers, we may perceive these gray areas differently when it comes to making money or speaking out, than our com- mand staff does.
Consider these examples. A local mo- torcycle club is sponsoring a ride, which ends in a big party in town. They plan to raise some money for charity by charging
for the beer and food at the event. Some of you are members of the club and have been asked by the group’s leaders to “pro- vide security” for the party, just to make sure no outlaw motorcycle clubs show up to crash it. The cops working security will be off-duty and in plainclothes. Should you get permission from your agency to do this work?
A retired officer from your department has established his own private investiga- tions and security firm. He is doing sub- rosa surveillance and undercover work for a number of attorneys in town, for legal cases involving workers’ compensation fraud, retail theft, and bank embezzle- ments. He asks several of his former col- leagues still on the job to help him out with some side work. Might you have to reiterate your department’s policies forbidding the use of agency computers, databases, equipment (video cameras, ra- dios, guns, cool cars)?
A local political figure is running for higher office and wants the endorsement of the local FOP, Police Officers Associa- tion, or Deputy Sheriffs Association. He is a friendly guy and a number of cops from your agency want to help him. They volunteer to work on his campaign off- duty, going door to door in his precinct to hand out signs and stickers. Several of- ficers appear in his TV ads in uniform, in the background, as he gives a speech. One officer provides security for him at speeches, rallies, and public events. Do we
need reminded that officers cannot pub- licly endorse a political candidate while in uniform? Let’s talk about sex. In the December 2004 U.S. Supreme Court case, City of San Diego v. John Roe, a San Diego Po- lice officer appealed his CUBO termina- tion for selling pornographic videos of himself (naked but wearing parts of his uniform) on eBay. Roe argued that his activities were part of his right to free speech and the highest court disagreed. Do you have a policy that says officers cannot wear all or parts of their official uniforms or badges in photos, videos, or on social media sites, in any format that could discredit the officer or the agency? Whether it’s frequenting or owning a police-regulated business, belonging to a political or religious group with hard left- or right-wing leanings, or marching in a social issues parade, you may be testing the limits of your department’s policies. Policies regulating off-duty behavior, conduct, and interactions get updated as society changes. For your own good, stay current with these policies.
Steve Albrecht worked for the San Diego Police Department from 1984 to 1999. His books in- clude Contact & Cover (C.C. Thomas); Streetwork; Surviving Street Patrol; and Tactical Perfection for Street Cops (all for Paladin Press). He can be reached at
steve@contactandcover.com.
Post your comments on this story by visiting
www.trmagonline.com
Lt. Ed Sanow
Ed Sanow I Editorial Director
Lieutenant Ed Sanow is the director of force training for his department, coordinating or instructing both patrol and tactical team training. He may be reached at
esanow@hendonpub.com
T e strong have a duty to protect the weak. – George W. Bush To post your comments on this story, please visit
www.trmagonline.com 64 Tactical Response Winter 2015
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68